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HomeMy WebLinkAboutOrdinance 85- 1175 Repeals and replaces Ch. 2.36, division of recreation AD!, ORDINANCE NO. 1175 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING CHAPTER 2.36 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR THE DIVISION OF RECREATION AND REPEALING ORDINANCE NO. 745. PREAMBLE I This Ordinance sets out the composition and duties of the Recreation Advisory Board, and creates a Division of Recreation. One of the reasons for this Ordinance is that the Interlocal Agreement with Gallatin County and School District No. 7 under which the City's recreation program has been operating is no longer in effect. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section 1 That Chapter 2.36 of the Bozeman Municipal Code be, and the same is hereby amended, to read as follows: DIVISION OF RECREATION , Sections: 2.36.010 Creation and purpose of division. 2.36.020 Division administration. 2.36.030 Recreation Advisory Board, creation, membership and meetings. 2.36.040 Board terms. 2.36.050 Board, ex-officio member. 2.36.060 Board secretary. 2.36.070 Board recommendations to City Manager. 2.36.080 Board recommendations to City Commission. 2.36.090 Board, donations. I 2.36.100 Division duties. 2.36.110 Recreation fees. 2.36.010 Creation and purpose of division. There is created in and under the Department of Public Welfare of the City a Division of Recreation. The Division shall have charge of and be charged with the responsibility for public recreation, playground work and other activities to be carried on in the public parks and playgrounds and other facilities of the City and facilities contracted for with other agencies. 2.36.020 Division administration. The functions of the Division of Recreation shall be carried out by a designee of the City Manager and such employees and/or assistants as may be necessary. 2.36.030 Recreation Advisory Board, creation, membership and meetings. The City Commission shall appoint a Recreation Advisory Board, hereinafter referred to as the "Board," which shall consist of nine members, representing as many facets of recreational programs as possible and selected as follows: I Five (5) shall be selected by the City Commission and shall reside within the city limits of the City of Bozeman; Two (2) shall be recommended by the School District No. 7 Board of Trustees, with final appointment to be made by the City Commission; and Two (2) shall be recommended by the Board of Commissioners of Gallatin County, Montana, with final appointment to be made by the City Commission. (The intent is to keep Gallatin County and the School District input with the Board.) ORDINANCE NO. 1175 uo~ The Board shall hold an ~nnual meeting in January, at which meeting it shall elect one of its members as Chairman of the Board to serve as such for the ensuing year; and it shall hold such other meetings as are required to transact business which may come before it. Regular meetings will be held on such dates as may be set by the Board, and special meet- I ings may be held on any date at the request of a majority of the members of the Board, the City Manager or the City Commission. 2.36.040 Board terms. The members of the Board shall be appointed to two-year terms. At the organizational meeting of the Board under this Ordinance, the members shall conduct a straw vote to determine two one-year terms for those selected by the City, one one-year term for those recommended by the School District and one one-year term for those recommended by Gallatin County. The remainder of the members shall serve two-year terms. 2.36.050 Board, ex-officio member. The City Manager, or a designee, shall be an ex-officio, non-voting member of the Board. It shall be his duty to keep the Board informed as to City policies, the City budget, to make available to them any information which he deems pertinent to the Recreation Advisory Board. 2.36.060 Board secretary. The Board shall select a Secretary, who shall attend all meetings of the Board and keep correct minutes of all proceedings of the Board in a book to I be provided for that purpose, to be called the "Record of the Recreation Advisory Board of the City of Bozeman" and shall perform such other duties necessarily implied by the activities and duties of the Board. The Secretary may be an employee of the City approved by the City Manager or a Board member. 2.36.070 Board recommendations to City Manager. The Board shall make recommendations to the City Manager on the following subjects: A. The number and nature of duties of Division employees and/or assistants; B. Recreation program offerings; C. Rules and regulations for the management of playgrounds, recreation centers and other recreation places and activities; D. Fees to be charged for activities and use of recreation property; E. Annually review with Division administration and submit not later than May 1 of each year a proposed budget covering the recreational activities to be offered by the Division for the ensuing fiscal year; and F. Other recommendations as requested. I 2.36.080 Board recommendations to City Commission. The Board shall make recommendations to the City Commission on policy and procedural matters in the field of pub- lic recreation. Subject to the approval of the City Manager, the Board shall make recommendations on the following subjects: ORDINANCE NO. 1175 OOG A. Equipment, operation and supervision of playgrounds, athletic fields, swimming pools and indoor recreation facilities, on or in any public grounds or buildings, either within or without the City, which the City Commission may from time to time provide, acquire, auth- orize, offer, designate or set apart f~r such use; B. The organization and conduct of play and recreation activities on the grounds and I in the buildings under the control of the School District or Gallatin County, upon approval of the respective entity; C. The use of any grounds, places, buildings or facilities which may be offered, either temporarily or permanently, by individuals or corporations for playground or rec- reat iona I pu rposes; D. On parkland or cash-in-Iieu proposals by developers through the planning process; and E. Other recommendations as requested. 2.36.090 Boa rd, donat ions. When approved by the City Commission, the Board may, on behalf of the City, receive donations, legacies or bequests for the improvement or maintenance of playgrounds, recreation centers or other recreational faci lities; and all monies that may be derived from such donations, legacies or bequests shall be deposited with the Director of Finance of the City to the credit of the Recreation Trust Fund; and the same may be drawn therefrom and paid out upon approval of the City Commission in the same manner as provided in payment of monies legally appropriated for the acquisition, support and improve- I ment for playgrounds, recreation centers and other recreation places; and the monies so derived from such donations, legacies or bequests shall be used solely for such playground or recreation uses. 2.36.100 Division duties. The Division of Recreation shall have authority to organize and conduct leisure time activities for individuals of all ages in a constructive and wholesome manner. 2.36.110 Recreation fees. Fees charged by the Division for activities and use of recreation property shall be deposited with the Director of Finance. Sect ion 2 Savings Provision This Ordinance does not affect rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this Ordinance. I Section 3 Severability If any provision of this Ordinance is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder ORDINANCE NO. 1175 UOl of the Ordinance and the applicability thereof to other persons and circumstances shall not be affected thereby. Sect ion 4 . I Ordinances Repealed All ordinances or ordinances in conflict with the provisions of this Ordinance are hereby repeal~d. These are: Ordinance No. 745, entitled "AN ORDINANCE ESTABLISHING A DEPARTMENT OF PUBLIC RECREATION UNDER THE DEPARTMENT OF PUBLIC WELFARE AND REPEALING ORDINANCES 560 AND 571 OF THE CITY OF BOZEMAN AND ALL ORDI- NANCES AND PARTS OF ORDI NANCES I N CONFLICT HEREWITH," finally passed on the 11th day of February 1948. PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana this 19th day of February 1985. KENNETH L. WEAVER, Mayor ATTEST: ROBIN L. SULLIVAN I Clerk of the Commission FI NALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana this 4th day of March 1985. KENNETH L. WEAVER, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission State of Montana ) County of Gallatin : ss City of Bozeman ) I I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Ordinance No. 1175 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 7th day of March 1985, and said proof of such publication is on file in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 11th day of March 1985. Clerk of the City Commission ORDINANCE NO. 1175