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HomeMy WebLinkAboutOrdinance 48- 745, Establishing Department of Public Recreation Under Department of Public Welfare; Repealing Ordinances 560 and 571 262 ~)CJtAl':""'.:J I3f OCi-,t 117.5~' 00\ ~~~ ORDINANCE NO. 745 ,:J ~~'~;2';:i;-2 ORDINANCE ESTABLISHING A DEPARTMENT OF PUBLIC RECREATION UNDER THE DEPART- v1t;;i71!IJ}." MENT OF PUBLIC WELFARE AND REPEALING ORDINANCES 560 AND, 571 OF" THE CITY OF '?J/ BOZEMAN AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. PREAMBLE Whereas, The City Commission of The City of Bozeman in regular session assembled on the 8th day of October, A.D., 1926, passed and adopted Ordinance No. 560 entitled "An Ordinanoe Providing for a New Department Entitled 'Department of Public Reoreation' "; and Whereas, the City Commission of The City of Bozeman in regular session assembled on the 13th day of July, A.D., 1928, passed and adopted Ordinance No. 571 entitled "An Ordinanae to Amend Section Three of Ordinance No. 560"; and I Whereas, Section 5167, Revised Codes of Montana, 1935, as amended by Chapter 60 of the Laws of the 27th Legislative Assembly and as further amended by Section 3 of Chapter 71 of the Laws of Montana of the 29th Legislative Assembly, grants to the govern- ing bodies of all cities and towns incorporated under the laws of the State of Montana, the power and authority to make and pass all by-laws, ordinances, resolutions, rules, and orders necessary for the establishment, maintenance, regulation and operation of swimming pools, skating rinks, and playgrounds aonstructed and operated within their limits, includ- 1n~~~he power to establish by ordinance a reasonable and uniform charge for the privilege of using the same; and Whereas, The City Commission of The City of Bozeman has determined that the afore- mentioned Ordinances 560 and 571 are outmoded and should be repealed and this ordinance substituted therefor; NOW, THEREFORE: Be it ordained by The Commission of The City of Bozeman: Section 1 I There is hereby created in and under the Department of Public Welfare of The City of Bozeman a Department of Public Recreation, which shall have charge of and be charged with the responsibility for publio recreation, playgroung work, public amusements and other activities, to be carrled."on in the public parks and playgrounds of The City of Bozeman. Section II The functions of the Department of Public Recreation shall be carried out by a Board of Public Recreation and such employees and/or assistants in the Department of Public Recreation as may be neoessary for the proper performance of the work of said Board. The Board of Public Recreation shall make recommendations to the City Manager as to the number and nature of duties of such employees and/or assistants. See tion III The Mayor of the City of Bozeman shall, subject to the approval of the City Comm- ission, appoint the Board or Public Recreation, which Board shall consist of five (5) residents or the City of Bozeman who shall be qualified vojers. The Board of Public Recreation shall hold An. annual meeting on the second 'fuesday of January, at which meeting it shall elect one of its members as Chairman of said 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 meetings 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. I I I I 263 Each member of said Board shall hold office for a term of three (3) years, or until his or her successor is appointed and qualified; provided, however, that the present members of the Board of Pub1io Reoreation, appointed under the authority of the aforementioned Ordinanoe No. 560, as amended by Ordinance No. 571, shall remain in office until the expiration of their respective terms and appointments to the Board ,under the authority of this Ordinance shall only be made as vacancies in the Board as presently constituted oocur. In the case of vaoancies in the Board. by reason of death, resignation or otherwise, the Mayor shall, subjeot to the approval of the City Commission, make appointments for the unexpired terms. Sec tion IV The City Manager shall be an ex-offioio, non-voting member of the Board of Public Recreation. 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 exercise of their authority as the Board or Public Recreation, and to make recommendat- ions to the Board in the field of public recreation. It shall be the further duty of the City Manager to secure and transmit reoommendations and suggestions of the Board of Public Recreation to the City Commission. The Clerk of the City Commission shall be ex officio Clerk of the Board of Public Recreation, and shall attend all meetings of the Board and keep correct minutes of all proceedings of said Board in a book to be provided for t ha t purpose, to be called the "Record of the Board of Public Recreation of The City of Bozeman", and he shall perform such other duties as such Clerk of said Board as are pre8~r1~ed by law or necessarily implied by the activities and duties of the Board. See-tion V The Board of Public Recreation shall hold an annual meeting for the purposes of electing a chairman for the ensuing year, as hereinbefore provided, and for the transact- ion of such other business as may be necessary; and said Board shall hold such other meetings as are necessary for the transaction of the business of the Board. The said Board shall annually prepare and submit to the City Manager, not later than June 1st of each and every year, a proposed budget covering the publio recreational activities in The City of Bozeman for the ensuing year. Section VI Subject to the approval of the City Commission, the Board of Public Recreation shall have power and authority to eql1ip, operate, supervise, and maintain playgrounds, athletic fields, swimming centers, 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, authorize, offer, designate, or set apart for such use. Said Board shall have the power to organize and conduct play and recreation activ~ i ties on the gro1irid:&. and in the buiMings under the control of the City Board of Education, with the consent of said Board and upon approval of the Commission. Said Board shall have the power to take charge of and use any grounds, places, buildings, Qr facilities which may be offered, either temporarily or permantly by individuals or corporations for pla yground,'or recrea tional purposes. When approved by the City Commiss ion, said Board may, on behalf of the City, reoeive donations, legacies, or bequests for the Jrdinance "T=>. 7):5 264 improvement or maintenance of playgrounds, recreation centers or other recreational facilities, and all woneys that may be derived from such donations, legacies or bequests shall, unless otherwise provided, by the terms of such donations, legacies, or bequests, be deposited with the Director of Finance of The City of Bozeman to the credit of the Park and Recreation 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 moneys legally appropriated for the acquirement, support, and improvement for playgrounds, recreation centers, and other recreation places; and the moneys so derived from said donations, legacies, or bequests, when not otherwise therein provided, shall be used solely for such play~round or recreation uses, and only under the direction of the said Board of Public Recreation. Said Department shall have authority to organize and conduct plays, games, calesthenics, gymnastics, athletic sports, tournaments, meets and leagues, dramatics, pageants, festivals, and celebrations, community music clubs, debating societies, publ~c speaking, story telling, picnics, hikes, excursions, socials, and other forms of acti vi ty , that will employ the leisure time of the children or people in a constructive and whole- I some manner. The Board of Public Recreation shall have the further power and authority, subject to the approval of the City Commission, to adopt rules and regulations for the management of playgrounds, recreation centers and other recreation places and activities and to establish a reasonable and uniform charge for the privilege of using the same, in accordance with the ordinances of The City of Bozeman and/or the laws of the State of Mon tana . Section VII I This Ordinance shall be in full force and effect from and after thirty (30) days after its adoption and approval. Passed and adopted by the unanimous vote of the City Commission in regular session assembled this llthday of February, A.D., 1948. (!~ f~ . Me yor ATTEST: ct~~~'n State of Montana ) ) ss County of Gallatin) I, L. G. Shadoan, Clerk of the Commission of the City of Boseman, do hereby certify that the foregoing Ordinance No. 745 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation in said City, in the issue of February 12th, 1948, and that due proof is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the seal of my office this 1st day of March, 1948. ~rl~~n I Ordinance No. 7~5