Loading...
HomeMy WebLinkAbout181_Park Board Created(creating park board) ORDINANCE NO. 181 AN ORDINANCE CREATING A BOARD OF PARK COMMISSIONERS TO MANAGE, CONTROL AND CARE FOR ALL PARK PROPERTY AS DEFINED HEREIN; PROVIDING FOR THE APPOINTMENT OF COMMISSIONERS, TENURE OF OFFICE AND FILLING OF VACANCIES; ESTABLISHING GENERAL RULES AND REGULATIONS UNDER WHICH SAID BOARD SHALL OPERATE; DEFINING DUTIES, POWERS AND AUTHORITY OF SAID BOARD; REQUIRING RESPONSIBILITY TO THE CITY COUNCIL FOR THE ANNUAL BUDGET, PROJECT EXPENDITURES AND OTHER MATTERS; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: ORDGNANCE NO. 181 SECTION I . ESTABLISHMENT OF PARK BOARD All public parks within the corporate limits of the City of Owasso, together with all park property which may be acquired for park purposes, shall be under the managment, care and control of a board under the name and style of "The Board of Park Commissioners". Said board shall consist of five (5) members to be appointed separately by majority vote of the City Council. SECTION 2. TENURE OF OFFICE - NO COMPENSATION - DISBURSEMENT - VACANIES The term of office shall be three (3) years. At the expiration of the term of office of each of the aforesaid commissioners, his successor in office has been appointed and qualified. Any vacancy which may occur through death, resignation or otherwise, may be filled for the unexpired term in like manner. No compensation for services of said commission shall be allowed to any member thereof, except to the secretary. Each commissioner, however, shall be entitled to receive his actual disbursements for necessary expenses in the performance of any duty imposed upon him by direction of the board of commissioners. The office of any one of the said park commissioners who shall not attend the meeting of the board for three (3) successive months, after having been duly notified of such meeting, without reasonthrerof satisfactory to the board, or without leave of absence from said board, shall by said board be declared vacant; and the City Council shall proceed to fill the vacancy for the unexpired term as hereinafter provided. The board shall recommend one or more individuals to fill any vacancy which may occur on the board. However, any such recommendation shall not be binding upon the City Council. All recommendations shall be placed in writing, directed to the City Council at least ten (10) days prior to the time said vacancy shall occur, if time is available, or within three (3) days after an immediate resignation. SECTION 3. OFFICERS - POWERS AND DUTIES - PAYMENT OF EXPENSES - RULES AND REGULATIONS - RECORDS, REPORTS AND ACCOUNTYS - OFFICE EMPLOYEES The said board shall, when so appointed, choose one of their members to be president of the board, and another as vice-president; and the said board shall elect a secretary, who, in te discretion of the board, may be one of their number, and thereafter such officer shall be chosen on the first Tuesday of July in each year. The secretary sahll receive a salary not exceeding fifty dollars per annum, as said board shall perscribe; but the said salary, and all other expenses of the board shall be paod out the sum set aside for park purposes. The said board of park commissioners Page 2 shall have full and exclusive power to make rules and by-laws for the orderly transaction of their business. The board shall keep an accurate record and books of account, and shall annually transmit to the City Council a full and detailed report and statement of all its acts and doings, together with a complete and itemized account of all receipts and disbursements. The books of accounts and records of the board shall at all times be open to the inspection of the City Council and be subject to annual audit by the proper municipal officer or agent. It shall be the duty of the City Council to provide a suitable and convenient office, in some public building, for the use of the board of park commissioners with proper vault or safe for the protection of their books and papers. the board shall prescribe and define the respective duties, powers and authority of all Park Department personnel and shall fix and regulate the compensation to be paid to the several persons to employed, but in no case shall the board expend for any purpose more that the sum appropriated for park purposes. SECTION 4. FURTHER POWERS OF BOARD - RULES AND REGULATIONS The board constituted as aforesaid, shall have the care, managment and control of all parks and grounds used for park purposes, all boulevards, connecting parks and structures thereon, and parkways, now or hereafter owned by or in the control of the city, within the corporate limits of the city, and may give proper designating names thereto. The board shall have poer to acquire, and the city to hold property, within the corporate limits of such city for the purpose of establishing public parks and public squares, or the enlarging of existing parks, or for boulevards, connecting parks, or parkways, by condemnation or by contract for the same; to accept conveyance thereof; to receive gifts, donations, or devises of land or other property for park purposes; to lay out and to improve with talks, drive, and roads, to build necessary culvers and bridges, to drain, plant, and otherwise as their discretion to improve and adorn the parks and other property thus held or acquired by said board; to erect such buildings as may be needed for the use, protection, and refreshment of the public: PROVIDED, however, that in no case shall any expenditure be made in excess of the amount provided by the City Council or from other sources. The said board shall have power to make and alter, from time to time, all needful rules and regulations for the maintence of order, safety, and decency in said parks both within and withou the limits of the city, and to affix penalties for disobedience thereto, which rules and regulations shall have the force of ordinance of the city: PROVIDED, that no such rules or regulations ahll be of any effect unless it shall have been first approved by the City Council. For the purposes of enforcing such rules and regulations, all such parks and proerty, within the limits of sad city, are hereby placed under the Page 3 police jurisdiction of the city; and complaints for the violation of such regulations may be made by the city attorney to the police court of said city. Any member of the police department may arrest, without warrant, in any of such parks or places, whether within or without the limits of the city, any person who has broken any park rules, or committed any violation of such rules or the ordinances of the city in said park; and the municipal court shall have jurisdiction of all such violations committed within the limits of said parks. SECTION 5. PREPARATION OF ANNUAL BUDGET AND SUPPLEMENTAL APPROPRIATIONS The board, together with the Park Superintendent, shall be responsible for preparing and submitting the annual budget for the Park Department and/or any request for supplemental appropriations. SECTION 6. PROJECT EXEPENDITURES, PRIOR APPROVAL, REQUIRED WHEN No budgeted project or capital improvement may be commenced by the board without prior review and approval of the City Council if the aggregate sum required for such project or capital improvement exceeds $2,000.00. Such projects and capital expenditures shall be reviewed and approved independently of the budget as a whole. SECTION 7. PIPES, WIRES AND AUPPORTS IN PARKS The said board shall have sole power to determine the places in said parks and parkways, and other property under their control, where sewers, gas, and water pipes shall be laid; and no trench for these purposes shall be opened until the commissioners shall have designated the location of the same and given permission in writing. No railroad, telephone or electric light wires, or other wires, or posts or supports therefor, shall be erect in, upon through or orvver said parks or parkways, without the consent in writing of said board, who shall designate the place and manner of erecting and maintaining the same, to be altered at such time and in such manner, and under such conditions as the said board may deem best. SECTION 8. EXPENDITURE FOR PARK PURPOSES Proper vouchers shall be rendered against the board of park commissioners for all expenditures, duly verified, as all claims against cities, and when vertified by the president and secretary of the board of park commissioners to be correct, the City Council shall allow the same and order the same paid as other obligations against the said city are paid. SECTION 9. ESTABLISHMENT OF BOULEVARDS OR PARKWAYS - CONTROL The said board of park commissioners shall have power to connect any public park Page 4 under its control with any other park over which it has jurisdiction, by a boulevard or parkway, and whenever in their judgment, necessary, they may designate, as such, any existing highway, or parts thereof, which shall there upon be deemed a part of said parkway; but the same shall remain under the control of the city authorites now having jurisdiction thereof. SECTION 10. "PARK PROPERTY" DEFINED The term "park property" inclues all parks, street parkings, squares, and area of land within the management of said board; and all buildings, structures, improvements, seats, benches, fountains, boats, floats, walks, drives, roads, trees, plants, herbages, flowers, and other things thereon, and enclosures of the same; and all shade trees on streets or throughfares, resting places, watering stations, playgrounds, or the like; and all connecting parkways and roads or drives between parks; and all avenues, roads, ways, drives, walks, with all tree, shrubbery, vines, flowers, and ornaments of any description, or objects of interest or instruction, and all tools and implements, places in or on any of such enclosures, ways, parkways, road, or places; and said includes terms shall be liberally construed. SECTION 11. MEMBERS MUST NOT BE CONCERNED IN CONTRACTS - INTEREST IN PROPERTY No member of said board of park commissioners shall be concerned in any contract with the said board, or any of its departments or institutions, either as contractor, subcontractors, bondsman, or other party directly or indirectly, interested. If any member of the board be the owner of, or interested in, any property necessary, in the opion of a majority of the other members of the board, to be taken for park purposes, then proceeding shall be by condemnation, and such facts of ownership and interst shall be fully set forth in the petition. SECTION 12. BOARD MAY REFUSE GIFT OF LAND The board shall not be compelled to accept any gift or offer of land which, in its judgment, is unsuitable for park purposes, or the inprovement of which would entail an injudicious outlay. SECTION 13. GIFTS MAY BE MADE TO CITY - CONTROL Real and personal property may be granted, bequeathed, devised, or conveyed to the said city, for the purpose of the improvement or ornamentation of said parks or approaches, or for the establishment or maintenance or said parks or approaches, or for the establishment or maintenance therein of museums, zoological or other gardens, collections of natural history, observatories, monuments, statues, fountains, or other works of art, upon such trusts and conditions as may be prescribed by the grantors or devisors thereof, and accepted by the City Council of said city. All property so devised, granted, bequeathed or conveyed, and the rents issues, profits and income thereof shall be subject to the exclusive management, direction and control of the said board of park com- Page :5 missioners SECTION 4 BOARD MAY PURCHASE OR CONDEMN LANDS The park commissioners shall have the power to take, by purchase or condemnation, all necessary lands for the park or parkway purposes, and if the said park commission cannot, for any cause, agree with the owner or owners of any such land the same may be condemned in the name of the board of park commissioners in the manner provided by the laws of the State of Oklahoma for the condemnation of lands for railway purposes, and the laws of the State of Oklahoma relating to the condemnation of lands for railway purposes are hereby made applicable for the condemnation of lands for park purposes by any such city. SECTION 15. PLANS MUST BE EXAMINED BY CITY ENGINEER All plans for new work or changes in the parks, parking, ect,, of said city, shall be examined by the City Engineer and his report and statement of advice be placed upon the records of the board of park commissioners, before the plans can be adopted or their execution began. SECTION 16. EMERGENCY CLAUSE That an emergency exists for the preservation of the public peace, health and safety, by reason whereof, this Ordinance shall take effect from and after its passage, approval and publication. PASSED and the emergency clause ruled upon separately and approved this 5th day of August, 1975. MAYOR, City of Owasso, Oklahoma ATTEST: City Clerk APPROVED AS TO FORM:321 My PUBLISHER'S FEE commission expires .~~~~,~~ -;f?zfC $ J 132 75 " 19 . . . , (\ ,-;;q, tth" " /'" t 1.., j; ~ '," ',' ~, ., / Y'(/ . c .. .'~ 'J. , Notary pubHc.t/ $-26-78 .. .. .. .. .. ~ .. .. .. .. .. .. .. " ., , 19 . . . . . " and that said newspaper has been continuously and uninterruptedly published in said county during the period of more than One Hundred and Four (104) weeks consecutively, prior to the first pUblication of said notice, or advertisement, as required by Section one, Chapter Title 25 Oklahoma Session Laws, 1943, as amended Bill No. 495, 22nd Legislature, and thereafter, complies with all of the prescriptions and require- ments of the laws' of Oklahoma, (The advertisement above referred to is a tru".e an,d pr in t",~edc", O,PY. SaJ.,' dn, otic e ",w,.",.,.as " iI1 al~ed" ns Oa" s' e pe~r d n tin a_ supplement thereo'd /7 ' ~ ~/ ~,~ .. .ltlt4 7~ . . " , . , . ., . ."..,.,':; ,.. .,:.' . and by Bill . Retherford, this Subscribed H~ .. . day of of the sworn to before ~p:S.~9 me R~p!',r:~~r. ., 19 published in said newspaper for consecutive weeks, the first " and day of the last day of publication being on the " day of ~~g,! ~:t. " one 0" "...... $....".,........" publication being on the . . . . . f.!w.a.s.s, q . . . , . , . , ., Tulsa County, Oklahoma, having a bona fide paid general circulation therein, and 'with entrance into the United States mail as second class mail matter in Tulsa County and published in said county where deUvered to the United States mail, and that the notice by publication, a copy of which is hereto attached, was . . Bill R Retherford, of lawful age, being duly sworn, upon oath deposes and says that he is the publisher of the . ~C? .l!-~P.~':'~~.~ . . in the English language, . , a newspaper in the City of PROu.r OF J BLICATION STATE OF OKLAHOMA, TULSA COuNTY. ss: v care, _gt:oundsy~ed for park purposes, all connecting parks and structures thereon, ~ , now or hereafter owned by or in the control 0 :y, within the corporate limits of the city, and may give proper designating names thereto. The board shall have power to acquire, and the city to hold property, within the corporate limits of such City for the purpose of establishing public parks and public squares, or the enlarging of existing parks, or for boulevards, con- necting parks, or parkways, by condemnation or by contract for the same; to accept conveyances thereof; to receive gifts, donations, or devises of land or other property for park purposes; to layout and to improve with walks, drives, and roads, to build necessary culverts and bridges, to drain, plant, and otherwise at their discretion to improve and adorn the parks and other property thus held or acquired by said board; to erect such buildings as may be needed for the use, protection, and refreshment of the public: PROVIDED, however, that in no case shall any expenditure be made in excess of the amount provided by the City Council or from other sources. The said board shall have power to make and alter, from time to time, all needful rules and regulations for the maintenance of order, safety, and decency in said parks, both within and without the limits of the city, and to affix penalties for disobedience thereto, which rules and regulations shall have the force of ordinance of the city: PROVIDED, that no such rules or regulations shall be of any effect unless it shall have b.een first approved by the City Council. For the purpose. of enforcing such rules and regl].lations; all such parks and property, within the limits of said city, are hereby placed under the police J'lIrisdiction of the city; and complaints for the violation of such regulation may be made by the city attorney to the police court of said city. Any member of the police department may arrest, without warrant, in any of such parks or places, whether within or without the limits of the city, any person who has broken any park rules or committed any violation of such rules or the ordinances of the city in said park; and the municipal court shall have jurisdiction of all such violations committed within the limits of said parks, The SECTION 4, FURTHER POWERS 01<~ RULES AND REGULATIONS :~ AP- 14 No member of said board of park commissioners shaH be concerned in any contract with the said board, or any of its departments or institutions, either as contractor, sub- contractor, bondsman, or other party directly or indirectly, interested. If any member of the board be the owner of, or interested in, any property necessary, in the opinion of a majority of the other members of the board, to be taken for park purposes, then proceedings shall be by condemnation, and such facts of ownership and interest shall be fully set forth in the petition, SECTION 12, BOARD MAY REFUSE GIFT