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A. Composition; Appointment: There is hereby created a park advisory board which shall be composed of the mayor of the city of Cut Bank and six (6) other members. Those six (6) members shall be appointed by the mayor with the advice and consent of the city council.
B. Continuance In Office: Each person serving on the park advisory board immediately preceding the effective date hereof shall continue to serve the remainder of his or her term as originally appointed.
C. Qualifications: Each of the six (6) persons to be appointed shall have the following qualifications for park commissioner:
1. Must be at least eighteen (18) years of age;
2. Must be a resident of the state of Montana;
3. Must be a resident of the city of Cut Bank, a resident of an area of the city of Cut Bank which has been annexed, or a person who lives within a four (4) mile radius of the Cut Bank city limits who has shown particular interest or has special abilities to benefit the city of Cut Bank by serving on this advisory board.
D. Term Of Office: The term of office of each park commissioner shall be three (3) years from and after July 1 of the year in which the appointment is made and when a successor is appointed and qualified. (Ord. 2010-03, 11-1-2010)
A. Residency: A seat on the board shall be considered vacant if the individual appointed as a park commissioner ceases to be a resident or person living within four (4) miles of the city of Cut Bank's limits.
B. Failure To Attend Meetings Or To Qualify: Any park commissioner who shall refuse or neglect to attend three (3) consecutive meetings without leave of absence from the board or who shall fail for a period of twenty (20) days from and after his or her appointment to qualify as herein required shall be deemed to have vacated his or her office, and thereupon, his or her successor may be appointed. (Ord. 2010-03, 11-1-2010)
A. Officers Of The Board: In July of each year, the park advisory board shall meet and organize by electing one of their members as president and one of its members as vice president. Each of these officers shall hold their office for a period of one year. The president, and in his absence, the vice president, shall preside at all meetings of the board and perform such other duties as shall be required and directed by the board. The mayor shall not be eligible to hold these offices.
B. Clerk:
1. The city clerk-treasurer, or her appointee, shall be ex officio clerk of the park advisory board, and shall attend all meetings of the board and keep correct minutes of all proceedings of the board in a book provided for that purpose, to be called "Record Of The Board Of Park Commissioners Of The City Of Cut Bank" or by transcribing the recorded meetings. It shall be the duty of clerk to keep an accurate account of all transactions for the park advisory board, to keep all transactions of the board separate from other city accounts, to make and submit in writing to the board at the first meeting in August of each year a report, under oath, showing in detail all of the receipts and disbursements made from the park fund by the city council during the year, which report shall be in duplicate, and after being approved by the board, one of the duplicates shall be filed in the office of the city clerk-treasurer and the other retained in the records of the park advisory board.
2. In the absence of the clerk at any meeting held by the board, the board shall designate one of its members as clerk pro tem to keep the minutes of the meeting, which minutes shall be delivered to the clerk to be transcribed into the record book of the board. The minutes of the meeting and the record book, when approved by the board, shall be prima facie evidence of the matters and things therein recited in any court of the state of Montana. (Ord. 2010-03, 11-1-2010)
A. Duties: The park advisory board shall advise the governing body of the city of Cut Bank as to the management and control of the swimming pool, skating rinks, playgrounds, civic center, youth center, and any combinations thereof, and of all parks belonging to the city of Cut Bank. The park advisory board shall have the following powers and be charged with the following duties:
1. To lay out, establish, improve, and maintain parkways, drives, and walks in the parks of the city of Cut Bank, and to make plats thereof and to file the same in the office of the city clerk-treasurer, and to determine when and what parks shall be opened to the public.
2. The park advisory board shall promulgate all rules and regulations for the use of parks, lands, buildings, improvements, and recreational programs by the public and to provide penalties for the violation of such rules and regulations, said penalties having full force and effect upon approval by resolution of the governing body of the city of Cut Bank.
B. Program Of Public Recreation And Playgrounds: The park advisory board may also operate a program of public recreation and playgrounds, and for this purpose, may acquire, equip and maintain land, buildings, and other recreational facilities and may provide advice to the governing body in regard to expenditure of funds from the park fund for these purposes. (Ord. 2010-03, 11-1-2010)
A. Regular And Special Meetings: The park advisory board shall hold an annual meeting in July of each year and shall meet periodically throughout the year at such times as the board shall, by rule, prescribe. Special meetings may also be held at the call of the president, or in his or her absence, the vice president, giving to each member of the board at least forty eight (48) hours' prior notice in writing of the time and place of holding such meeting. All park advisory board meetings are public meetings, and the park advisory board shall post public notice of its meetings at least forty eight (48) hours prior to any meeting in three (3) public places such as city hall, the U.S. post office, the county courthouse or such other public places to enable the public a meaningful opportunity to participate in its meetings.
B. Quorum: A majority of the entire board shall be necessary to constitute a quorum for the transaction of the business of the board. (Ord. 2010-03, 11-1-2010)
No member of the park advisory board shall receive compensation for his or her services rendered under the provisions of this chapter except for any actual and necessary expense incurred by any member of the board while acting under the orders of the board in the transaction of any business in its behalf may be paid upon being allowed and audited by the board and submitted for approval of the governing body of the city of Cut Bank. (Ord. 2010-03, 11-1-2010)
A. Funds: All monies raised by taxes for park purposes, or received by any member of the park advisory board for public purposes, or from any other source, shall be paid into the city treasury, and the city clerk-treasurer shall keep all monies in a separate fund to be known as the park fund. The park advisory board shall have no power to incur liability on behalf of the city from the park fund in the city of Cut Bank's annual budget as adopted each fiscal year. (Ord. 2010-03, 11-1-2010)
A. Utilize Services Of Superintendent: In recognition that much of the maintenance, upkeep, and improvements made or required to be performed in the city parks, buildings, and facilities are performed by city personnel under the direct supervision of the city superintendent, the park advisory board may continue to utilize the services of the city superintendent to advise and carry out the duties and responsibilities of the city of Cut Bank.
B. Resolution Of Conflicts: Any conflict which may occur between the park advisory board and the city superintendent shall first be taken to the mayor for resolution. If either party remains unsatisfied with the mayor's proposed resolution, then that party may appeal directly to the city council, operating as a whole, and the decision of the city council shall be final. (Ord. 2010-03, 11-1-2010)