Amendment

Chapter XI
Protection of City Owned Parks and Open Spaces
Section 47. Purpose.
The purpose of this Chapter XI of the Charter is to prevent the transfer, sale, vacation or
major change in use of city parks without first obtaining an approving vote of the legal voters of
this city; to preserve the natural beauty, ecological integrity and recreational value of the city’s
parks from incompatible and non-park development; to protect the public park uses and purposes
for which city parks are established, acquired or dedicated, and to prevent conversion or
development of parks or parts thereof to nonpark or incompatible uses.
Section 48. Definitions.
The following definitions apply to this Chapter XI:
(a) The “city” means the City of Tualatin, its city council, city departments and city
employees acting within their official capacities
(b) A “major change” is a change in use of a park, or part thereof, from a recreation or
preservation use to non-park use unrelated to public recreation or preservation. “Major
change” includes the development of roads, bridges, utility facilities, parking lots and
buildings in a city park that are unrelated to the park uses for which the park was
established, acquired or dedicated.
(c) “Parks” are parcels of real property owned by or dedicated to the City of Tualatin for
purposes of public recreation, preservation of open space, riparian greenway, natural
wildlife or other habitat values, or the preservation of historic or cultural resources. The
term “park” encompasses all such properties owned by or dedicated to the city whether
held in fee or as an easement.
(d) To “vacate” park property, or a portion thereof, means to dispose of land owned by or
dedicated to the city through the procedures of ORS chapter 271 or comparable
procedures in city code or ordinance.
Section 49. Approval by Voters.
The city shall not do, or allow to be done by others, any of the following listed acts with
regard to any city park or part thereof without first obtaining approval of the legal voters of the
city:
(a) To sell, lease or otherwise transfer city park property,
(b) To vacate or otherwise change the ownership or legal status of any city park, or part
thereof, except that the city may grant easements for underground utilities and uses that
do not cause or constitute a major change in use of the park or some part thereof.
(c) To cause, undertake or allow any development or construction in a city park that causes a
major change in the use of the park or some part thereof.
(d) To construct or allow to be constructed or expanded in a city park any street, road,
parking lot or permanent above ground structure, including buildings, power lines, motor
vehicle or utility bridges and power lines, other than streets, roads, parking lots or
structures needed to serve primarily the purposes for which the park was established,
including park maintenance and operations. In no event shall below ground structures or
buried utilities be allowed in a city park without an approving vote of the legal voters if
the below ground structure or buried utility affects or limits above-ground park uses.
Any street, road, parking lot or above ground structures existing in a city park on the date
of adoption of this Chapter that do not comply with its provisions, are excepted from its
requirements, but any subsequent additions or alterations thereto must comply with this
Section.
This section is not intended to prevent or require an approving vote to allow temporary
structures, tents, shelters and the like to be erected in a city park for commercial or nonrecreational
or preservation uses so long as these temporary structures are erected and used in
conjunction with a community based event or park use of the park. Furthermore, this section is
not intended to control or override adopted park management and operations that do not
otherwise constitute or cause a major change in the use of a park or part thereof.
Section 50. Parks Designated.
The following city parks, natural areas and greenways, in their current configuration and
size and as may be enlarged subsequently, are city parks as defined herein and are subject to the
provisions of this Chapter XI:
Parks:
Atfalati Park 6600 SW Sagert Street
Brown’s Ferry Park 5855 SW Nyberg Lane
Ibach Park 10455 SW Ibach Street
Jurgens Park 17255 SW Jurgens Avenue
Lafky Park 9655 SW Siletz Drive
Little Woodrose Nature Park 21045 SW 90th Avenue
Saarinen Wayside Park 20535 SW 86th Avenue
Stoneridge Park 19489 SW 68th Avenue
Sweek Pond Natural Area Park 8700 SW Sweek Drive
Tualatin Commons 8325 SW Nyberg Street
Tualatin Commons Park 7880 SW Nyberg Street
Tualatin Community Park 8515 SW Tualatin Road
Natural Areas:
Johnnie and William Koller Wetland
Victoria Woods Natural Area
Sweek Woods Natural Area
Sequoia Ridge Natural Area
Hedges Creek Natural Area
Greenways:
Chieftain/Dakota Greenway
Hedges Creek Greenway
Hi-West Estates Greenway
Indian Meadows Greenway
Nyberg Creek Greenway
Nyberg Creek (South) Greenway
Saum Creek Greenway
Shaniko Greenway
Tualatin River Greenway
Section 51. Later Acquired and Expanded Parks.
Existing parks may be expanded and additional parks may be created, acquired, dedicated
or designated by the city for park purposes. Whenever any real property is designated as a city
park, it shall be subject to all of the provisions of this Chapter XI, except that the city’s initial
acquisition of a parcel of real estate may include portions of property and improvements that are
not appropriate or intended for city park purposes. Nothing in this Chapter shall prevent or
require an approving vote to dispose of non-park portions of such a property that is acquired for
park purposes, so long as the city disposes of the non-park portion(s) within two years of
acquisition or dedication of the larger property