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0119 • • ` 6r ` 1 aa q 7'( ORDINANCE NO. AN ORDINANCE CREATING A RECREATION COMMISSION FOR THE CITY OF JACKSONVILLE, PRESCRIBING THE DUTIES OF SAID C0]NISSIONERS AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVIT.T Section 1. There is hereby created a Recreation Commission to be composed of five citizens who are qualified electors of the City of Jack* aonville. Section 2. Said Commissioners shall be appointed by the Mayor and confirmed by a majority vote of the duly elected and qualified members of the city council and shall hold office for a term of five years; pro- vided, however, that those commissioners first appointed and confirmed after the passage of this ordinance shall serve for terns of one, two, three, four and five years each, to be designated by the Mayor and City Council, and thereafter, upon the expiration of their respective terms,, commissioners appointed by the Mayor and approved by the majority vote of the City Council shall each be appointed for a term of five years. In the event of a vacanoy occurring on the commission, it shall be filled by appointment by the Mayor, subject to the a pproval of a majority vote of the duly elected and qualified members of the City Council. Each commissioner shall file the oath required by law in the State of Arkansas of public officials. Section 3. Any Commissioner appointed by the provisions of this statute may be removed for cause upon a two- thirds vote of the duly elected and qualified members of•the city council. 1 Section 1E. The Commissioners hereinunder appointed shall have full and complete authority to build, manage, operate, maintain and keep in a good state of repair any municipal buildings deemed necessary to carry on a recreation park for said municipality, including the right to control and permit or refuse to permit such public gatherings or other meetings or affairs as the Commissioners shall see fit and deem to be to the best interests of the City. The Commissioners shall have the right to employ or remove managers, janitors and other employees of whatsoever nature, kind or character, and to fix, regulate and pay their salaries; it being the intention of its ordinance to vest in said Commiasioners authority to build, operate, manage, maintain and control said municipal recreation park, and to have full and complete charge thereof; provided, said Commissioners shall not have authority or power to sell, mortgage or encumber said property unless otherwise authorized by the statutes of Arkansas. Section 5. The Commissioners hereunder shall have, in addition to other powers enumerated herein, the exclusive right and power to make purchases of all supplies, apparatus and other property and things requi- site and necessary for the management and operation of said recreational park, including the construction of same and repairs and additions there- to* Section 6. Said Commissioners shall have authority to enter into contracts with persons, firms or corporations or organizations for the use of recreational park buildings or parts thereof. Section 7. The Commissioners shall adopt such rules and reg- ulations as they may deem necessary and expedient for the proper operation and management of said municipal recreational park. and shall have author- ity to alter, change, or amend such rules and regulations at their dis- cretion. Section 8. The Commissioners shall submit quarterly reports beginning three months after they take their oath of office, and each three months thereafter, reporting in full on the operations, including an accounting of Receipts and Disbursements, to the Mayor and City Council and furnish sack other and further reports, data and information as may be requested by the Mayor and /or City Council. The quarterly report to the Mayor and City Council with respect to Receipts and Dis- bursements shall be certified by the Commissioners as correct. The Com- missioners shall further submit an annual audit of the operations of the recreational park to the Mayor and City Council. • Section 9. The Commissioners hereunder appointed shall have the authority to utilize all revenues derived from the operation of the rec- reational park in the operation of said recreational park. All funds de- rived from the use of said recreational park shall be segregated into a Park Fund, which Fund shall be used exclusively in the Operation of the recreational park by the Commissioners. Moneys in said Fund shall not be mingled with other funds of the city and shall be handled exclusively by the Commissioners. Said Commissioners shall each furnish to the City a $5,000.00 surety bond that will serve to insure the City against any misappropriation or mishandling of funds. The surety on said bond shall be a reputable surety corporation. The premium on said bonds. shall be paid for from moneys in the said Park Fund. The Commissioners shall re- ceive no salary for their services, but shall be reimbursed from the Park Fund for actual expenses incurred in the performance of their duties. Such Park Fund may also be expended by the Commissioners as they deem best for the purpose of obtaining attractions to meet on said park. Section 10. Upon each quarterly report being made to the Mayor and City Council by the Commissioners, the City Council may appropriate funds from the General Revenue Fund of the City, or from such other funds as the City may have available to make yp_ deficits or to provide such funds as may be necessary to carry on the operations of the said recrea- tional park. The City Council may at any time other than when said quarterly report is filed, appropriate such funds as it deems necessary, from the General Revenue Fund or such other funds that the City may have available, for the purpose of maintaining and operating the said recreation- al park. Section 11. Upon the appointment of the Commissioners as herein provided, the Mayor and City Council shall execute such instruments and enact such measures as may be necessary to vest complete charge of said municipally owned recreational park in the Commissioners hereinunder appoint- ed. Section 12. All ordinances or parts of ordinances in conflict herewith are hereby repealed, Section 13. If any secfion or provision of this ordinance shall be held to be unconstitutional such holding shall not render the remaining sections or provisions of this ordinance unconstitutional or affect the validity thereof. Section 14. Emergency Clause. Whereas, there is need for a Park Commission in the City of Jacksonville to properly manage and operate the park and recreational property now owned by the City for the use and benefit of its ei:titans, its public health,. peace and safety. And this ordinace being necessary for the immediate preservation of the public peace, health and safety, an emergency is hereby declared to exist, there- fore, this ordinance shall be in full force and effect from and after its passage and a pproval. APPROVED: A _ ,J''HAT H. DEN, MAYOR ATTEST: �r s lj; <: ,, t _ 1 / FLOY 'AVANTS, CITY CLERK. -'/ /2)(-/'