134
F .~.
L
.v
~~.
ORDINANCE N0.
AN ORDINANCE Ta CREATE A MUNICIPAL RECREATION COMI+dISSION TO PRESCRIBE Tf~IR
POWER .AND T1[TTIES AND FOR OTf~R .PURPOSES.
Be it ordained by the City Council of the City of ~Tea.;A~emphis:
Section l.. There is hereby created a municipal recreation
commiasioa which shall hereafter be referred to as the Commission. Said
Ccmamission shall be eoanposed of five members who are qualified electors
of the City of West Memphis, who shall be appointed by the Mayor and shall
b® confirmed by a ma3ority vote of the duly qualified and sleeted members
of the `City Council. The members of said Ccaanisaion shall be known and
herein referred to as Commissioners.
Section 2. The Commissioners shall be appointed for terms of
one, two, three, Four and five years; provided, however, that the Camnis-
eioners hereafter appointed shall be appointed for a period of five years
shall be appointed by the Mayor subject to confirmation by a majority
s
vote of the City Coui~eil. In the event of a vacancy occurring on the
Ccm~nission it shall be filled by the appointment of the Mayor and subject
to approval of the majority vote of the duly elected and qualified member
of the City Council and such appointment shall be for,-the unexpired term
of the Commissioner whose vacancy the appointment is to filly Sach Camc-
missioner shall file the oath required by law in the State of Arkansas for
public st~ieiala.
Section 3. ~W caommisaioner appointed by the provisions of
this statute may b® removed for cause upon atwo-thirds vote of the duly
elected and qualified members of the City Council. o
Section 4. The Commissioners hereinua~ r pointed shallj~have
full and ccanplete authority to build, manage, operate, maintain and keep
in a good state of repairs any municipal buildings deemed necessary to
carry on a recreation park Por said municipality, including the building
of swit~ani.ng pools, field houses, stadiwns, zoos, or other buildings necessary
to carry on the recreational park. Said coaanisaion shall have full and ccmplet
..
-2~
charge oP said buildings and grounds, including the right to control and
permit or refuse to permit such public gatherings or other meetings or
affairs as the Co~unissioners shall see Pit and deean:•to be to the best
`~.nterests oP the City. The Caimnissionera shall have the right to ~nploy or
'remove managers, janitors and other employees of whatsoever nature, kind
or character, and to fix~regulatsand pay their salaries; it being the intention
of this Ordinance. to vest in said Commissioners authority to build, operate,
manage, maintain and control said municipal recreational park, and to have
full and camrplete charge thereof; provided said Ca~mnissioners shall not have
authority or power to sell, mortgage or encumber said property unless
specifically authorized by a proper Ordinance of the City of West Memphis
and provided further that the rights and powers herein provided shall be
subject to the control of said City Council.
Section 5. The Comtttiasioners hereunder, with the advice and
consent of the City Council, shall have, in addition to other powers
enumerated herein, the eaeluaive right and poaoer to make purchases of all
supplies,. apparatus and other property and things requisite and necessary
for the management and operation of said recreational park, including the
construction of s~nne and repairs and additions thereto.
Section 6. Said Caromnissioners shall have authority to enter
.into contracts with persons, f'i2ms or corporation or organizations for the
des of recreational park buildings or parts thereof. .
Section 7. The Co®anissionera shall adopt such rules and regu-
lotions as they may deem necessary and expedient for the proper operation
management of said municipal recreational park, and shall have authority
to alter, thong®, or amend such rules sad regulations at their discretion.
Section 8. The Commissioners shall submit quarterly reports,
beginning three months after they take their oath oP ofYice, and each three
s
months thereafter, reporting in full on the operations, including ant
accounting of Receipts and Diabursementt~ to the Mayor sod City Council and
furnish such other and farther reports, data sad information as may be
requested by the Mayor or City Council. The quarterly report to t he Mayor
and City Council with respect to Receipts sad Disbutaements, sha].1 be cer-
tified by the Caemaissioners as correct. The Commissioners shall it~rther submit
u
..~..
~.
"'
~,
t
en annual audit of the operations of the recreational park to the Mayor
and City Council.
Section 9. The Caamnissioners hereunder appointed shall have
the authority to utilize all revenues derived Prom the operation of the
recreational park in the operation of said recreational park. All funds
derived fra~m the use of said recreational park shall be segregated into a
'Perk Fund, which Fund shall be used eaclusively in the operation of the
recreational park by the Commissioners. Said Caagnissioners shall each furn~ash
to the City s $5,000.0 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 premitmi on said bonds
sha11 be paid for from moneys in the said Park Fund. The Co®nissioners
shall receive no salary for their services, but shall b® reimbursed Pram
the Park Fund for actual expenses incurred in the performance of their
duties. Such Park Fund may also b® expended by the Cam~nissioners, 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 appro-
priate funda~from the General Revenue Fund of the City, or from such other
funds as the City may have tu~ailable to make up e~ deficits or to provide
such funds as may be necessary to carry on the operations oP the said
recreational park. The City Council may at any time other than when said
quarterly report is filed, appropriate such funds as it deems nee®as+~ry,
from the General Revenue Fund or such other Rinds that the City'may have
available, for the purpose of maintaining and operating the said recreational
park.
Section 11. .All ordinances or parts oP ordinances in conflict
herewith are hereby repealed.
Section 12. If and' section or provision oP this ordinaace shall
be held to be unconstitutional, such holding shall not rend®r the remaining
sections or pr#~visions of this ordinance unconstitutional or affect the
validity thereof.
~.•rt**~
,.
-~
Section 13. i~ereas the City of VPeat Memphis is without a
recreational park conanission and whereas it would be to the best interest
of the citizens of said City to have said comQnission and there is inaae-
diate need of said coaazission for superviaionend regulation as herein pro-
vided, for the protection of the inhabitants of said City and thi ~ ordnance
'being necessary for the mediate preservation for the public, peace, h®elth
and safety, an emergency is declared to exist and this ordinance shall be
in full force and effect from and after its passage, approval an8 publication.
~~•
^1 i
Mayor
A'1'TLST:
/~, ~
City Recar r