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HomeMy WebLinkAboutORD NO 585ORDINANCE NO .~'~NEW SERIES AN ORDINANCE CREATING, SETTING UP, AND PROVIDING FOR A DEPARTMENT OF PARKS AND PLAY-GROUNDS, PRO- VIDING FOR THE ESTABLISHMENT OF THE- RECREATION COMMISSION FUND FOR MAINTENANCE, MANAGEMENT AND CONDUCTING OF A RECREATION COMMISSION UNDER THE DEPARTMENT OF PARKS AND PLAYGROUNDS, AND FOR ITS SUPERVISION, AND DEFINING ITS POWERS, DUTIES AND AUTHORITY. follows: SECTION 1. BE IT 0RDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD, as A Department of Parks and Playgrounds of the City of Bakers- field is hereby created and established. SECTION 2. The Department of Parks and Playgrounds shall be under the supervision and direction of a Park Commissioner who shall be appoint- ed by the City Manager, who shall serve without salary or pay, who shall hold office at the pleasure of the Council, and who shall be the head official of the department. SECTION 3. The Park CommissiOner shall have general supervision of the care, maintenance and management of parks and playgrounds, perform such other duties as are now or may hereafter be provided for by the City Charter or by the ordinances of the City, and shall be ex-officio a member of the Recreation Commission. SECTION 4. There is hereby created a Recreation Commission under the Department of Parks and Playgrounds consisting of nine members which shall be composed of the City Manager, the Park Commissioner of the City of Bakersfield, a member of the City Council to be designated by the Mayor, the Superintendent of the Public Schools of the City of Bakersfield, and the President of the Board of Education of the City of Bakersfield, who shall be members of the Recreation Commission -1- by virtue of their respective offices, a Member of the Board of Educa- tion to be appointed and delegated by the Board of Education of the City of Bakersfield, and three other members who shall be residents of the City and one of whom shall be appointed by the Mayor by and with the approval of the City Council, one of whom shall be appointed by the Board of Education of the City of Bakersfield, one of whom shall be appointed by the Parent-Teachers Association Council of the City of Bakersfield, and all of whom shall serve as members of the Recreation Commission without salary or compensation. SECTION ~.. Not more 'than six of the members of the Commission shall be of the same sex. Members appointed as above provided shall serve for a term of three (3) years or until their successors are appointed, and Members first appointed shall determine their respective terms of office by lot so that one member thereof shall serve for a term of one (1) year; one member thereof for a term of two (2) years; one member thereof for a term of three (3) years. All vacancies in the appointive membership shall be filled by the appointive procedure above provided for the unexpired term of the member whose office is vacant in the same manner as such member received original appointment. SECTION 6. The Commission shall elect one of its membership Chairman, may organize its membership in such manner and appoint such subordinate officers and committees as it deems necessary for the proper conduct of its functions, and may appoint such other committees or advisory boards outside of its membership as it deems advisable, all of whom shall hold office at the pleasure of the Commission. The Commission shall adopt such by-laws as it may deem necessary and advisable for the purpose of regulating the time and place of its meetings, the number required to constitute a quorum, the manner in which meetings shall be called, and any other matter necessary for the conduct and carrying on of its business. SECTION 7. The Commission shall have the power and authority to set up a co-ordinated program with the City Schools and to provide, conduct, arrange for, manage, supervise, regulate, and control such public recreation within the City as it may deem to the best interests of the City and its people, and for such purpose it may have the use of parks, playgrounds, swimming pools and other recreational facilities as it may require~, and it may but it shall not be obligated, ~-~ L_ _~i___ to provide, conduct, arrange for, manage, supervise or regulate any public recreation at any place other than on or in the Public Parks or Playgrounds of the City, or on the Playgrounds of the City Schools, or which it deems to be undesirable. SECTION 8. The City shall not be responsible in any way for anything that may be done by the Commission, or for any carelessness, omission, or neglect on the part of the Commission or any of its members, agents, or employees; and the City hereby declares that it is the purpose and intention of this ordinance to delegate the matters herein provided for to the sole and exclusive management and control of the Commission without reserving any right to control or direct the same. SECTION 9. The Recreation Commission may select a Superintendent of Recreation, fix his salary, and provide for the payment thereof, and prescribe his duties. The Commission may pay car allowance, travel expense and other expenses of such Superintendent as may be recommended by the Recreation Commission. No city official shall have any power or authority to direct or control the activities of such Superintendent, and he shall be solely responsible to the Commission. SECTION 10. No employee, agent or servant of the Commission shall ever be deemed to be an employee, agent, or officer of the City. SECTION 11. The City shall not be obligated to make any contribution to nor to bear any expense of the Commission. SECTION 12. Appropriations of money to provide for, operate, regulate, and maintain parks and playgrounds which may be alloted or budgeted for expenditure by the Commission shall be set aside, paid to and deposited in a special fund in the office of the City Treasurer, which fund is hereby created and established and which shall be designated as and kept under the name of Recreation Commission Fund. The City Treasurer shall be and is hereby authorized to accept and receive payments and contributions of money or funds by or from any public or private agency or authority, or person, firm or corporation desiring to contribute to the financial support of the work or activity of the Commission on order of the City Auditor. There shall also be paid into said fund all money received by the Commission from any source whatever, and particularly all proceeds from fees which may be collected by the Commission on charges made for the use of an~ of the facilities or property of the City used by the Commission. All money in said fund shall be deemed to be municipal funds of the City until withdrawn and expended pursuant to the provisions of this ordinance. The City Treasurer shall issue monthly statements to the Commission showing the receipts of money from all seurces and the expenditure and withdrawals from the fund, with the balance therein at the date of the statement. Such fund shall be drawn upon and/or paid out only by duly authenticated order of the Commission directed to the City Auditor, who shall draw his warrant for the sum ordered paid by the Commission, and the warrant shall have attached to it the order of -4- the Commission on which it is drawn and shall thereafter be audited by the Finance Committee of the City Council, approved and paid in the same manner as other warrants on the City Treasurer. The money in such fund shall not be subject to withdrawal or expenditure for general municipal purposes, or for any other purposes except such as are herein provided for. SECTION 13. All equipment, supplies, paraphernalia and materials purchased by the Commission for or in connection with its operations and paid for out of its fund shall be deemed to be the property of the City of Bakersfield and shall be inventorled and accounted for as such; provided, however, that all of such equipment, supplies, paraphernalia and materials shall be subject to the prior and exclusive use of the Commission and its agents and employees. The Commission shall not have any authority or power to sell or otherwise dispose of any of the equipment, supplies, paraphernalia, materials, property or facilities which it is herein allowed to use or operate without the consent of the City Council first had and obtained. SECTION 14. The Commission shall, from time to time, furnish the City Auditor its certificate over the signature of its Chairman and upon the attestation of its Secretary of the authority of the officer authorized to draw orders upon such fund. SECTION 15. The expense of compensation, property damage, and public liability insurance covering the employees of the Commission~ its vehicles, and its operations shall be deemed expense which may be paid from said fund; and the City Auditor shall refuse to audit or allow any expenditure from said fund for any purpose until evidence Shall have been submitted to the City Council sufficient to show, and the Council has found and determined, that adequate insurance cover- ag~ has been secured by the Commission. SECTION 16. The Board may, for and on behalf of the City of Bakersfield, receive legacies, gifts or bequests for the purchase, maintenance, or improvement of grounds, buildings, equipment or facilities for the purposes of public recreation. All moneys received from such legacies, gifts, or bequests shall, unless otherwise expressly provided by the terms of said legacies, gifts, or bequests, be deposited in the Treasury of the City of Bakersfield in the "Recreation Fund", and the same may be withdrawn therefrom and paid out only in the manner as is provided for the payment of moneys legally appropriated for the support and improvement of playgrounds and other recreation areas, facilities and equipment, under the supervision and control of said Board. SECTION 17. The Board shall make a monthly report of the activities thereof to the City Council, showing in detail the expenditures of the Commission during each calendar month. SECTION 18. Whenever the term "Commission" is herein used, unless it is otherwise expressly specified, it shall be understood to refer to and to mean the Recreation Commission. SECTION 19. This ordinance is adopted pursuant to and under the provi- sions of the California Community Recreation Enabling Act of 1939 (Statutes of 1939, Chapter 558), and all of the provisions of said Act shall be construed and applied with this ordinance~ the Commission shall have all of the powers provided for by said Act except as herein limited; this ordinance shall be deemed to have been adopted for the purposes therein stated, the definitions therein given shall be applicable to this ordinance, and all other provisions of said Act shall be deemed applicable unless otherwise specifAed herein; and this ordinance is hereby declared to be action by the governing authority of the City of Bakersfield providing for Community ....... · Recreations. SECTION 20. All ordinances or parts of ordinances in conflict here- with are hereby expressly repealed. SECTION If any section, subsection, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional. .......... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield on the ~/~ day of June, 1941, at a regular meeting thereof, by the following vote: City Clerk and Ex-0: Clerk of the Council of the City of Bakersfield. APPROVED by me this ~-'~ day of June, 1941. MAYOR the City of Bakersfield. STATE OF CALIFORNIAt County o£ Kern ~ ss. V. VAN RIPER, being duly sworn, deposes and says: That he is the y appointed, acting and qualified Clerk of the City of Bakersfield; 1:~: Y 19 / which ordinance . eries, a AN ORDINANCE CREATING, SETTING UP, AND PROVID- ING FOR A DEPARTMENT OF PARKS AND PLAYGROUNDS, PROVIDING FOR THE ESTABLISHMENT OF THE RECREATION COMMISSION FUND FOR MAINTENANCE, MANAGEMENT AND CONDUCTING OF A RECREATION COMMISSION UNDER THE DEPARTMENT OF PARKS AND PLAYGROUNDS, AND FOR ITS SUPERVISION, AND DEFINING ITS POWERS, DUTIES AND AUTHORITY.