Park Ponds? Really?

After my last post, I got this message from Charlie Wakeem who was the Chairman of the Open Space Board for the past 3 or 4 years and one of the architects of the open space and stormwater policies in El Paso - in fact he could be called the Dean of Conservation in our city - i.e., the man has mucho gravitas:


Hi Jim,

Once again, another good post.  I'd like to clarify something from it for you. Nowhere in the Municipal Drainage System Ordinance does it state that the 10% Open Space money could be used for the purchase of ponds or for park improvements (e.g. sod, turf & shrubs) to ponds.  I've read the ordinance over and over and over, and there's no other way to interpret it.  I admit I'm one of those who succumbed to city council's pork by not opposing the use of the 10% money for park ponds in their districts.  The following is a cut and paste of the actual ordinance.  I highlighted the important phrases and highlighted the most important phrases.  Show me, if you can, anywhere where it authorizes the use of the 10% money for the purchase of or improvements to park ponds.

Charlie

ORDINANCE ESTABLISHING THE MUNICIPAL DRAINAGE SYSTEM

 ORDINANCE  #O16668 - JUNE 19, 2007

     WHEREAS, the City has adopted an Open Space Master Plan which emphasizes open spaces and natural areas as a possible method to help manage storm water, reduce flooding risk and improve water quality;                                                                                    

SECTION III.
ESTABLISHING AND MANAGEMENT OF THE SYSTEM

B.  The Board [PSB] shall cause to be prepared a Master Stormwater Management Plan (“Stormwater Plan”) which shall be approved by the City Council.  In developing the Stormwater Plan the Board shall take into account the use of open space as natural drainage and to extent reasonably possible preserve the City’s open spaces, greenways, arroyos and wilderness areas in their natural state as a means to assist in the management of storm water and in accordance with the City’s Open Space Master Plan.

C.  Notwithstanding anything herein to be contrary and even to the extent such operation may constitute storm water maintenance, the City shall continue to be responsible for … (iv) parks.


D.  The General Manager shall bring to the Board annually a Stormwater Capital Improvement Plan (the “Capital Plan”) for approval which shall include both short and long term objectives.  To assure compliance with the Stormwater Plan the City’s Flood Plain Administrator shall review the proposed Capital Plan prior to its presentation to the board.  The Capital Plan shall, to the extent reasonably possible, include the use and maintenance of arroyos and other natural drainage drainage systems as a means to manage stormwater and otherwise take into account environmental best practices in the construction of any stormwater infrastructure.  The Capital Plan shall identify stormwater infrastructure projects (including land acquisitions) which have the potential dual purposes of stormwater management and preservation of the City’s open spaces, greenways, arroyos and wilderness areas in their natural state in accordance with the City’s Open Space Master Plan and the City’s Parks and Recreation Master Plan (“Green Projects”).  The Board shall allocate an amount equal to ten percent (10%) of the System’s annual drainage utility revenues for such Green Projects.