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HomeMy WebLinkAbout0215NORDINANCE NO. 215 (Ne`rr Series) AN ORDINANCE ESTABLISHING A PUBLIC RECREA- TION COLLYISSION, PROVIDING FOR THE APPOINT- MENT OF A BOARD OF RECREATION COMMISSIONERS AND FIXING THE POWERS, DUTIES AND TERM OF OFFICE OF SUCH COMMISSIONERS. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. There is hereby created and established a Department of Public Recreation, hereinafter referred to as 11the department", which shall operate in and for the City of San Luis Obispo, County of San Luis Obispo, State of California, herein- after referred to as "the city?. The department shall be under the control and manage- ment of a Board of Recreation Commissioners, hereinafter referred to as t1the board1+, which Board of Recreation Commissioners is here- by created and established. The board shall be composed of five members who shall be nominated by the Mayor of the City and be appointed by the City Council of the City of San Luis Obispo by majority vote., One mem- ber of the board shall be a School Director of the San Luis Obispo City School District. With the exception of the members first appointed to said board, the term of office of the members of said board shall be four years. The members of the board shall serve without compensation. The first members of said board shall be appointed for the following terms, to -wit: Three members shall be appointed for the term ending May 15, 1941 and two members shall be appointed for the term ending May 155 1943; thereafter each member shall serve for a term of four years and until his successor has been appointed and qualified. The term or terms of office specified herein shall not be deemed arbitrary; and should the City Council determine that it would be to the best interests of the department that a member be retired., said City Council may so order by majority vote. In the event of any vacancy occurring from whatever cause a new member may be appointed for the unexpired term in the same manner as an original appointment. Members may be reappointed for as many terms of office as is desirable. SECTION 2. The board shall have the power to adopt by -laws, rules and regulations for the proper conduct of public recreation for the city. Within fifteen days after the appointment of the members of the board, a meeting shall be had at which a temporary chairman shall be appointed to preside. At such meeting the board shall elect from its membership, by majority vote, three officers, to -wit: President, Vice - President and Secretary, which officers shall serve for periods of one year and shall be subject to reelection. Regular and special meetings of the board shall be open to the public. SECTION 3. The duties of the various officers of the board shall be as follows: (a) The president shall preside at all meetings, submit all motions to vote and in general do all things ordinarily required of a commission president. The president shall also sign all warrants drawn by the board, which warrants shall be countersigned by the Mayor of the city. (b) The vice - president shall assume the duties of the president in his absence. (c) The secretary shall prepare an annual report on activities of the department to the City Council prior to the begin- ning of each fiscal year, in which report shall be included the annual departmental budget covering the anticipated revenues and expenditures of the department for the succeeding year. The secre- tary shall draw and sign all warrants drawn against the special parks, recreation and playground fund, hereinafter provided for. - 2 - SECTION 4. The general objectives of the department shall be to encourage, foster, facilitate, establish and maintain a system- atized program of parks, recreation and playgrounds, to be made available to residents and visitors of the city, on any of the pro- perties owned or controlled by the city, the use for which such purposes has been granted by the City Council, and all other pro- perties with the consent of the owners or authority in charge thereof. SECTION 5. To achieve the objectives of the department the following shall be the powers and duties of the board: (a) To establish an adequate syste;ii of parks, playgrounds, and any other recreation centers which it deems advisable, to equip and maintain the same and to provide adequate competent personnel required to property do so. (b) The board may use for recreation purposes any lands or buildings or both, or school property, with the consent of the ovmer or authority in charge thereof. (c) To acquire by gift, purchase or otherwise such pro- perty as in the judgment of the board may be deemed necessary to effect the desired objectives. All property shall be acquired in the name of the city and the title thereto shall vest in the city. (d) To employ a director of recreational activities and such other employees as in the judgment of the board may be necessary. (e) To secure and pay the cost of insurance reasonably necessary to protect the city, the board, the San Luis Obispo City School District and any other interested board, commission, individual or public authority against claims for damages. SECTION 6. There is hereby created and established a special fund to be kept by the proper officers of the City of San Luis Obispo and to be known as the special parks, recreation and playground fund. - 3 - SECTION 7. The department may accept all monies appro- priated for its purpose by the city and by any other public or quasi - public body, and may accept all gifts, donations, legacies or bequests. All monies obtained by the department shall be deposit- ed in the treasury of the city in the special parks, recreation and playground fund, which fund shall be used exclusively for the purposes of the department. Money shall be withdrawn from said fund with the approval of the board obtained through vote at regular or special meetings. SECTION 8. The Secretary of the Recreation Commission shall give and execute a bond to the City of San Luis Obispo in such sum as may be determined by resolution of the City Council, which bond shall contain the condition that the principal will well, truly, honestly and faithfully perform the duties of his office. SECTION 9. The City Council may appropriate such monies, and allow the use of such property, real or personal, as it may deem necessary for the purpose of carrying on the activities of the depart- went. SECTION 10. Except as provided in the Act of the Legislature of the State of California known as the "California Community Recrea- tion Enabling Act of 193911, no charge shall ever be made for partici- pation in or admission to any function, activity, game or other event held under the auspices of the board; nor shall any such charge be made where such charge is prohibited by the charter of the city. SECTION 11. If any section, sub - section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitu- tional, such decision shall not effect the validity of the remaining portion of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subdivision, sen- tence, clause and phrase thereof, irrespective of the fact that any one or more sections, sub - sections, sentences, clauses or phrases be declared unconstitutional. - 4 - SECTION 12. This ordinance, together with the ayes and noes shall be published for two days before its final passage in the Telegram - Tribune, a daily newspaper printed, published and circulated in said city, and the same shall take effect and be in force thirty days after its final passage. INTRODUCED AND PASSED to print this 3rd day of June, 1940. AYES :1N.H.Brazil, R.P.Howe11Z Ralph C. Kennedy, F.C.Kimball NOES: Joseph Leary ABSENT: None Mayor ATTEST: City Clafk 'Finally passed this lst day of July, 1940 by the following vote: Ayes: W. H. Brazil, Ralph C. Kennedy, F. C. Kimball Noes: R. P. Howell, Joseph Leary Absent: None // &'ez� AG j City Cle A J r