CHAPTER XXVI. CITY OF PHOENIX MOUNTAIN PRESERVES

1 Mountain Preserves—Defined.

As used in this Chapter "Mountain Preserves" means all real property included within any of the following categories:

(a)    That real property owned by the City at the time of adoption of this Chapter lying within any generally recognized mountain preserve area.

(b)    That real property purchased by the City in whole or in part with the proceeds of those General Obligation Bonds issued by the City pursuant to proposition Number 10 of the Special Bond Election held May 22, 1979; or

(c)    That real property constituting mountain space open preserves purchased by the City in whole or in part with the proceeds of those General Obligation Bonds issued by the City pursuant to proposition Number 14 of the Special Bond Election held June 5, 1984; or

(d)    That real property designated as "Mountain Preserves" by the City Council by ordinance upon the recommendation of the Parks and Recreation Board.

(Election of 11-5-1985)

2 Disposition of Mountain Preserve property.

In no event shall any real property within any City Mountain Preserve be sold, traded or otherwise alienated, redesignated or deleted from the Mountain Preserve except by approval of a majority of the electors voting thereon, provided that Mountain Preserve property may be traded if such trade is approved by the Council by ordinance prior to January 1, 1989 in accordance with the provisions set forth in this Chapter.

(Election of 11-5-1985)

3 Use of Mountain Preserve property.

(a)    The City Council shall, upon the recommendation of the Parks and Recreation Board, establish by ordinance such permitted uses of the Mountain Preserves as are consistent with the following objectives:

1.    Maintain the Mountain Preserves, including native plant and animal communities, in their natural state to the maximum extent practicable; and

2.    Provide cultural, educational and recreational opportunities primarily designed to heighten appreciation and enjoyment of the Arizona desert environment; and

3.    Provide equestrian, pedestrian (including handicapped) and vehicular (whether motorized or otherwise) access into the Mountain Preserves to the extent consistent with the foregoing objectives.

(b)    The Mountain Preserves shall not be used except for a permitted use established by the City Council pursuant to this Section.

(c)    The City Council shall at all times have the power and authority within and in conjunction with any City Mountain Preserve to take appropriate action to:

1.    Dedicate necessary rights-of-way and easements required for improving and widening of existing arterial streets and streets adjacent to Mountain Preserve lands.

2.    Make half-street dedications of Mountain Preserve lands as necessary to coordinate with development of adjacent private property, thereby providing street frontage adjacent to Preserve lands.

3.    Provide necessary access and utility easements to private parcels within any Mountain Preserve.

4.    Develop to the extent necessary City-owned flood control and water treatment facilities located within a City Mountain Preserve area.

(Election of 11-5-1995)

4 Trading of City Mountain Preserve property.

(a)    City-owned real property within any City Mountain Preserve may be traded for other real property upon approval by the City Council by ordinance prior to January 1, 1989 in accordance with the provisions of subsection (b) of this Section.

(b)    No trade of City-owned real property within any City Mountain Preserve shall be approved unless the City Council finds that the trade is consistent with the following criteria:

1.    The transaction shall contribute land of equal or greater value to the Mountain Preserve.

2.    The total Mountain Preserve acreage shall be increased.

3.    Access for the public shall not be unreasonably impaired.

4.    Trail access shall be improved or not impaired.

5.    All property acquired shall be contiguous to existing Mountain Preserve boundaries.

6.    Neighborhoods adjacent to exchange parcels shall be enhanced to the extent possible and such neighborhoods shall be notified of Parks Board and City Council hearings on proposed trades in a manner similar to the notice provided for zoning hearings.

7.    Mountain Preserve property exchanged by the City to acquire additional property shall be conveyed with the condition that the property be used only for purposes compatible with the uses of adjacent Mountain Preserve property and all property acquired by the City shall become part of the Mountain Preserve.

8.    Any adopted Mountain Preserve Master Plan shall be reviewed in connection with any trade of Mountain Preserve property.

(Election of 11-5-1985)

5 An initiative measure to prevent sale, trade, alienation, redesignation, lease or other deletion or removal of any City Mountain Preserve land without approval of a majority of electors voting thereon.

Notwithstanding any other provision of the Charter of the City of Phoenix, no land within any City Mountain Preserve, as that term is defined in Chapter XXVI of the Charter of the City of Phoenix, shall be sold, traded, alienated, redesignated, leased, or otherwise deleted or removed from the Mountain Preserve except by approval of a majority of electors voting thereon.

(Election of 12-9-1986)