(A) Board created; powers generally. There is hereby created the Board of Parks and Recreation for the purpose of establishing, improving, developing, operating and maintaining a municipal park system. The Board shall be a corporate body, with perpetual existence and a corporate seal. The Board shall have the power to purchase, hold, sell and convey real or personal property; receive any gift, grant, donation and bequest or devise, sue and be sued, contract and be contracted with, and do any and all things and acts which may be necessary or convenient to carry out and effectuate purposes and provisions of this section.
(Prior Code, § 143.01)
(B) Members; qualifications; appointments; terms; disqualifications. See Charter § 26.
(Prior Code, § 143.02)
(C) Vacancies. When a vacancy occurs on such Board by reason of death, resignation, change of residence from the municipality, or for any other cause, the City Manager shall appoint successors who shall fill the unexpired term or terms.
(Prior Code, § 143.03)
(D) Oath; organization.
(1) After appointment, the members of the Board shall qualify by taking and filing with the City Clerk the oath prescribed by law for public officials and they shall not be permitted to serve upon the Board until they have so qualified. If any member of the Board shall fail to so qualify on or before the date upon which he or she should assume the duties of his or her office, the other qualified members of such Board may declare his or her position vacant and a successor appointed as provided in this section.
(2) On the second Wednesday in May of each year, the members of the Board shall organize by electing one of their number President, and another Vice President, and by electing a Secretary who need not be a member of the Board. The Secretary shall keep an accurate record of all the fiscal affairs of the Board, and shall keep a minute book in which he or she shall record the proceedings and transactions of each meeting of the Board. The Secretary shall be paid such compensation for his or her services as the Board shall fix from year to year. The City Treasurer shall be ex-officio Treasurer of such Board, and he shall take the oath prescribed by law and shall furnish such bond as may be required by the Board.
(Prior Code, § 143.04)
(E) Compensation; contract interest. The members of the Board shall receive no compensation for their services, but they shall be entitled to reimbursement for any reasonable expenses incurred in the performance of their duties as members of the Board. They shall not be personally interested directly or indirectly, in any contract entered into by the Board, or hold any remunerative position in connection with the construction, operation or maintenance of any of the property under their control as members of the Board.
(Prior Code, § 143.05)
(F) Office; powers. Council shall furnish the Board an office at the Municipal Building where it may hold its meetings and keep its records. The Board shall have complete and exclusive control and management of all or the properties which it shall operate in connection with the public park system for the city, and shall have power to employ such persons as, in its opinion, may be necessary for the construction, operation and maintenance of the property under its control at such wages or salaries as it shall deem proper, and shall have full control of all employees.
(Prior Code, § 143.06)
(G) Purchases; lease or condemnation of real estate. The Board shall have power to acquire, by purchase, lease or by exercise of the power of eminent domain, such land as it shall determine to be necessary or incidental to the construction, operation and maintenance of a system of public parks, parkways, playgrounds, athletic fields, stadiums, swimming pools, skating rinks and other like public recreational facilities for the city.
(Prior Code, § 143.07)
(H) Acquisition and disposal of real property. The Board is authorized to take title in its own name or in the name of the city to all real and personal property acquired by it for the use of the public or useful to the public, in the operation, maintenance or enjoyment of all public parks, parkways, playgrounds, athletic fields, stadiums, swimming pools, skating rinks and other like public recreational facilities for the city and shall manage and dispose of the same as, in its opinion, will best serve the interests of the public in carrying out the purposes of this section. The city and all other public bodies owning real estate intended to be used for public parks, are hereby authorized to convey the same to the Board to be held by it for such purpose; provided, however, that, nothing herein contained shall be construed as limiting the Board from going beyond the territorial limits of the city, anywhere within the state, to lease, purchase or otherwise acquire any real estate for the purposes herein set forth; provided further that, such Board shall have the right to sell and convey only such part of the real estate that it may acquire by gift, devise, purchase or otherwise, as it may determine to be of no advantage in the operation, management and maintenance of such public parks, parkways, playgrounds, athletic fields, stadiums, swimming pools, skating rinks and other like public recreational facilities; except that, the Board shall have authority and power to make such sales and conveyances of its real estate as may be necessary, desirable or convenient, or any other like act or legislative authorization; and, provided further that, under no circumstances shall any of such property be sold or conveyed, except by unanimous vote of all of the members of the Board. All deeds conveying the real estate of the Board shall be executed in its official name by its President or Vice President and shall have its corporate seal affixed and duly attested by its Secretary.
(Prior Code, § 143.08)
(I) General powers.
(1) The Board shall have the necessary powers and authority to manage and control all public parks, parkways, playgrounds, athletic fields, stadiums, swimming pools, skating rinks and other recreational facilities of all kinds used as a part of the public park system or as a means of maintaining places of beauty, education and recreation, promoting the health, property, lives, decency, morality and good order of the general public, and particularly of the inhabitants of the city and vicinity; to abate or cause to be abated all nuisances; to regulate or prohibit the selling of any article, goods, wares or merchandise within the park system so designated; to regulate or prohibit the placing of signs, billboards, posters and advertisements within the park system as so designated, or the grounds immediately adjacent thereto; to have the same kept in good order and free from obstruction for the use and benefit of the public; to restrict and prohibit vagrants, mendicants, beggars, tramps, prostitutes or disorderly persons therefrom; to construct, improve and repair such parks, parkways, playgrounds, athletic fields, stadiums, swimming pools, skating rinks and other recreational facilities on any grounds controlled by the Board; to acquire for public use, by lease or otherwise, lands either within or without the municipal limits as they now exist, or may hereafter be enlarged or diminished; to cause any public street, bridle path or walkway, which is a part of the public park system to be graded, drained and surfaced; to construct, operate and maintain all necessary sewers and water lines in connection with the public park system; and to do any and all other things or acts which may in any way be necessary or incidental to the use and enjoyment of such public park system by the general public as a place of beauty, education, entertainment and recreation.
(2) In order to accomplish the foregoing purposes, the Board shall be empowered to make or promulgate such ordinances as may be necessary or incidental thereto; to enforce the same by appropriate proceedings in any proper tribunal of the state, or any county, district or municipality thereof, and to employ or cause to be employed or provided such police officers as it shall deem proper and necessary. The City Attorney shall be the official counsel for the Board and shall advise it on all legal matters, but the Board may, in its own discretion, employ other or additional counsel.
(Prior Code, § 143.09)
(J) Charge for use of facilities. The Board may make reasonable charges to the public for the privilege of using any of the recreational facilities provided in the parks and may use the funds so received for the purpose of constructing, operating and maintaining the parks.
(Prior Code, § 143.10)
(K) Use of appropriations. In carrying out the purposes of this section, the Board shall be authorized to receive and disburse for such purposes any moneys appropriated to it by Council, together with any other funds which may come into its hands by gift, grant, donation, bequest, devise or from its own operation, or otherwise.
(Prior Code, § 143.11)
(L) Control of pool and park complex and facilities. There is reserved to the city the exclusive control and operation of the city’s municipal pool and park complex and facilities. The scope of service by the city shall be as follows:
(1) Management of pool operations.
(a) Hiring, training, supervision of pool staff;
(b) Payroll processing;
(c) Purchasing and invoice processing;
(d) Accounts receivable and accounts payable processing;
(e) Daily cash management;
(f) Concession stand operation;
(g) Budgeting and financial reporting;
(h) Pool maintenance and daily operation;
(i) Pool activity scheduling; and
(j) Provide management and oversight of the pool operation under the current city management paradigm.
(2) Park operations.
(a) Hiring, training, supplying and supervision of park staff;
(b) Payroll processing;
(c) Purchasing and invoice processing;
(d) Provide maintenance and grounds keeping services;
(e) Provide required equipment; and
(f) Provide management and oversight of the pool operation under the current city management paradigm.
(3) Cost allocation. The operational revenues from the pool, concession stand and pavilion rentals will be used to offset the operational costs. The city will not charge a management fee for its services and only budgeted labor costs will be charged. The city will use the revenues generated by the park and pool operation to offset the direct expenses of its operation.
(Prior Code, § 143.12) (Ord. passed 6-1-1955; Ord. passed 11-13-2001)
Charter reference:
Board of Park Commissioners, see Charter § 26