§ 39-224. Permitted uses of revenue in the parks, trails, and open space fund.

(a)

All monies derived from the sales and use taxes in the parks, trails, and open space fund must be expended solely on:

(1)

Acquiring additional land for parks, open spaces, and trails;

(2)

Developing, improving, and maintaining new and existing parks, including Denver's mountain parks, open spaces, and trails;

(3)

Restoring and protecting waterways, rivers, canals and streams;

(4)

Purchasing, planting and caring of trees; and

(5)

Operating and maintaining any additional acquisitions and capital improvements to the city's parks, mountain parks, and open space.

(b)

Cap on administrative costs. Monies in the parks, trails, and open space fund may be expended to pay the costs incurred by the city associated directly with the administration of the funds; except that, in no event may the amount expended from the funds for administrative expenses in any year exceed five percent (5%) of the amount of revenue received in the fund in that year.

(c)

Fund earnings. Any interest earned on the balance of the fund accrues to the fund.

(d)

Administration of funds. The manager of parks and recreation designated in accordance with § 2.4.2 of the Charter will manage the fund.

(e)

Permanency. If the monies in the fund are not expended at the end of the fiscal year, such monies must remain in the fund to be expended in subsequent fiscal years.

(f)

Maintenance of effort. All monies in the fund must be used in accordance with this section and may not replace nor supplant any general fund appropriations allocated each year to the department of parks and recreation.

(g)

Rulemaking. The manager of parks and recreation may promulgate any rules necessary for the proper administration of this section.

(h)

Reporting. A report of fund expenditures must be submitted annually to the mayor, city council, city auditor, and the Denver Parks and Recreation Advisory Board.

(i)

Planning. Within one (1) year of the adoption of this article XII, and every five (5) years thereafter, the Manager of Park and Recreation, as designated in accordance with § 2.4.2 of the Charter, shall work with the Denver Parks and Recreation Advisory Board to hold no less than one (1) public hearing and submit a five-year plan for the approval by City Council on the planned revenue uses in the Parks, Trails, and Open Space Fund.

(Ord. No. 641-18, § 6, 7-16-18)