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ORDINANCE NO. 94



AN ORDINANCE ESTABLISHING A JOINT RECREATION BOARD

The City Council of the City of Barnum, Minnesota, ordains:

Section 1.Establishment and Composition of Board.  A Recreation Board for the community of Barnum, Minnesota, is continued pursuant to the authority given by Minnesota Statutes, Section 471.15 to 471.19.  The board shall consist of nine members, composed as follows:  two (2) representatives from the city and two (2) representatives from the school board, both chosen by their respective bodies; three (3) citizen members appointed by the board, and which nominees shall require the separate approval of both the Council and the school board; the Community Education Director; and the City Clerk.  Citizen members shall be appointed for terms of two (2) years.  The school board and Council members shall serve for as long as they are a member of their respective governing body, or until they resign, are removed or replaced by respective bodies, whichever shall sooner occur.  Both original and successive appointees shall serve until their successors are appointed and qualified.  A vacancy shall be filled for the unexpired portion of the term by the appropriate appointing body.  Members of the board shall elect a secretary from their own numbers with duties in addition to board membership as determined by the board.  Four (4) of the voting members shall constitute a quorum for the transaction of business.
Section 2.General Powers.  The recreation board shall have power to operate a program of public recreation and playgrounds as joint agent of the City and school district.  If any part of the public recreation program of the community is administered directly by any public or private agency other than the board, the board shall have power to make cooperative agreements with any such public or private agency for the purpose of coordinating all the activities and facilities included in the public recreation program.  The board may make use of any public property assigned to it, or any private property leased or otherwise made available to it, and any building or other permanent structures on or to be constructed upon the land, for public recreational purposes.  The school district shall make similar decisions with respect to its land, and the construction of buildings or other permanent structures upon it.  The board shall advise the Council and the school board on such matters and shall operate facilities made available to it for recreational purposes; but it shall have no authority to construct buildings or other permanent structures upon any land without the consent of the owners of the land; and in no event shall buildings or structures be constructed by the board upon privately owned land.
Section 3.Specific Powers.  In order to carry on the recreation program provided in this section, the board shall have the powers specified in the following subdivisions.
Subd. 1Adopting Rules.  The board may adopt rules for its meetings and the transaction of its business and rules governing the use of the public of the recreation facilities under its control.
Subd.  2Compensation.  The board may employ and fix the compensation of the directors, supervisor of recreation, instructors, leaders, administrative guardians, and custodial personnel.  It may provide worker's compensation insurance for any such officers and employees.  All officers and employees shall be selected on a basis of merit and fitness.
Subd. 3Purchases.  The board may make purchase of materials, supplies, equipment, and services necessary for a recreation program.  Purchases shall be made in compliance with the uniform contract law of the State Statutes.  Orders involving more than twenty-five thousand ($25,000.00) shall be selected after public advertising and opening of sealed written bids.
Subd. 4Contracts for Completion.  The board may make contracts for completion within a current fiscal year.
Subd. 5Leasing Property.  The board may lease real or personal property for public recreational use for periods not longer than one year.
Subd. 6Accepting Gifts of Property.  The board may accept gifts of real and personal property for public recreational purposes, subject to the provisions of Section 2.
Subd. 7Authority to Maintain Care of Public Property.  The board may maintain and care for public property it has acquired or had assigned to it for public recreational purposes including the carrying of any insurance coverage it deems necessary.

Section 4.Preparation of Program.
Subd. 1Program Outline.  The board shall each year prior to September 1 prepare a comprehensive program for public recreation activities for the ensuing year, with recommended divisions of responsibility as between private agencies, other public agencies administering recreation directly, and the board itself.  The board's own program shall be described in terms of activities, as well as finances.
Subd. 2.Budget of Finances.  The budget of finances shall be substantially balanced and shall show:
A.  Estimated revenues, divided as follows:
(1)  contribution from Council;
(2)  contribution from school board;
(3)  contribution from park board (or other public body having power to levy taxes for recreational purposes);
(4)  contribution from private sources;
(5)  earnings from admissions and other charges made for use of facilities;
(6)  miscellaneous revenues, and
B.  Estimated expenditures, divided as follows:
(1)  administrative payroll;
(2)  instructional and supervisory payroll;
(3)  custodial payroll;
(4)  supplies;
(5)  printing;
(6)  postage, express, freight, utility charges;
(7)  repairs;
(8)  rents;
(9)  equipment;
(10) real estate and improvements;
(11) miscellaneous expenditures.

Subd. 3Submission and Approval of Budget.  The budget shall be submitted not later than September 1 to the Council, the school board, and any other public body from which contributions shall be reported back to the board, which shall adjust the budget, if necessary.  The expenditure allowances, as finally approved by the board, shall control the year's spending program, except that excess revenues received may be spent upon the approval of six members of the board.  The board shall not itself levy taxes or borrow money.  It shall not approve any claims or incur any obligations for expenditures, unless there is unencumbered cash in the treasury to the credit of the board with which to pay the same.

Section 5.Finances of the Board.  For the purposes of financing the public recreation program authorized by this ordinance, there shall be established in the city (school district) accounts and treasury a special fund to be called the Recreation Fund.  It shall be paid claims for various recreation expenditures as enumerated in Section 4.  All receipts belonging to the board shall be deposited intact in a bank account to the credit of the fund and no disbursements shall be made from the bank account except by order check and after compliance with the requirements for the submission of claims against the city (school district).  The accounting of the fund and the custody of the cash and the bank checking account shall be in the hands of the accounting officer and the treasurer, respectively, of the city (school district).  The officers shall make reports to the board at reasonable intervals as determined by the board.  For purposes of budgeting, accounting, and reporting, the fiscal year of the board and the fund shall be January 1 to December 31.  An audit of the funds shall be made annually.  The audit may be made independently of or in conjunction with any audit which may be made of the funds of the city or school district.  The board shall be authorized to establish charges or fees for the restricted use of any facilities or to make any phase of the recreation program wholly or partially self-sustaining.  Any concessions or privileges may be sold after public advertising and competitive bidding.  Any employees of the board who handle cash in the process of collection shall be bonded.
Section 6.Financial Report.  The board shall as soon as possible after the end of each fiscal year, prepare and present to the Council, school board, and all other public and private participating agencies a comprehensive annual report of its activities and finances.

This Ordinance shall be in effect from and after its passage and publication according to law.

Passed by the Council this 13th day of March, 1995.


__________________________________
Mayor David M. Johnson
ATTEST:

_______________________________
Clerk Pamela Porter

 

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