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HomeMy WebLinkAboutG61-97 . 1 k Ordinance No. G61-97 AN ORDINANCE REPEALING EXISTING CHAPTER 3 . 44 OF THE ELGIN MUNICIPAL CODE, 1976 ,. AS AMENDED, ENTITLED "PARKS AND RECREATION BOARD" AND CREATING CITY PARKS AND RECREATION BOARD WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII of the Illinois Constitution; and WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs ; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to provide for a parks and recreation board which is separate, distinct and supersedes the parks and recreation board authorized by the enabling statute provided at 65 ILCS 5/11-95-3; and WHEREAS, the establishment of such parks and recreation board pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : tow Section 1 . That Chapter 3 . 44 of the Elgin Municipal Code, 1976 , as amended, entitled "Parks and Recreation Board" is hereby repealed. Section 2 . That in lieu of the chapter repealed by Section 1 hereof there is hereby substituted a new Chapter 3 . 44 entitled "Parks and Recreation Board" as part of the Elgin Municipal Code, 1976 , as amended, to read as follows : "Chapter 3 . 44 PARKS AND RECREATION BOARD 3 . 44 . 010 ESTABLISHED. There is hereby established a parks and recreation board for the City of Elgin pursuant to the City of Elgin ' s home rule authority. The parks and recreation board hereby established shall be separate and distinct and supersede the parks and recreation board authorized by statute . In the case of any conflict of any provision of this chapter with any provision of the statute authorizing the creation of a parks and recreation board ( 65 Illinois Compiled Statutes 5/11-95-3 , 1996 , as amended) the provisions of this chapter shall control . eft- 3 .44 . 020 MEMBERS-APPOINTMENT-TERMS . The parks and recreation board shall consist of eight members to be appointed by the city council . One of the members so appointed shall be named as chairman at the time of his appointment . Upon the resignation of a member of the board designated as chairman or upon the end of his term and in the event that he is not reappointed, the city council shall designate another member of the board as chairman. Each member so appointed shall serve for a term of three years . All members of the board shall continue in such capacity until their successors have been duly appointed and are acting. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed, shall serve for the remainder of such term. In addition to the eight members regularly appointed to this board by the city council , the Elgin YMCA Future Leaders shall select two representatives to share the youth member position; only one member shall attend a meeting of the board as a youth representative. The member in attendance at a board meeting shall have a full voting member eft privilege and equal authority and responsibility with all other members duly appointed by the city council . Any such member shall be a resident of the city. The term of such members shall be one year and shall commence on February 1st and terminate on January 31st of the following year. In the case of the disbandment of the Elgin YMCA Future Leaders, the representative appointment procedure shall revert to the previously employed board configuration of three representatives being appointed, one from Larkin High School , one from Elgin High School and one from St. Edward High School , each of whom shall be entitled to vote. 3 . 44 . 030 POWERS AND DUTIES . The board shall , with respect to its field of work, or that of the department with which it is associated, have the following powers and duties : A. To advise relative to the operation, construction, improvement and maintenance of city parks, monuments and recreational facilities; B. To prepare and suggest comprehensive plans for the development of grounds , buildings, and eft equipment for parks and recreational facilities ; C . To consider and study the entire field, to advise the city council upon its request, and to recommend on its own initiative policies and practices , which recommendations the city council shall duly consider; D. To investigate the conduct of the work in its field and for this purpose to have access at any time to all books , papers, documents and records pertaining and belonging thereto, and to require written or oral information from any officer or employee therein; E . To adopt rules not inconsistent with law for its internal control and management, a copy of which rules shall be filed with the city clerk; F. To hold meetings at such times and places as may be prescribed by the rules , not less frequently than quarterly; G. To act by subcommittee; H. To appoint a secretary who shall keep minutes of the transactions of each session, regular or special , which shall be public records and filed • tow with the city clerk; I . To give notice to the mayor and city council of the time and place of every meeting, regular or special, and to permit the mayor and members of the city council to be present and to be heard upon any matter coming before the board; J. To recommend to the city council projects to improve and beautify the Lord' s Park Pavilion and Wing Park Band Shell; K. To recommend new equipment, ideas , projects , or programs to improve and meet the needs of the Lord' s Park Pavilion and Wing Park Band Shell ; L. To waive rental charges when all of the following circumstances exist: 1 . When an event is sponsored by a not-for-profit corporation or association headquartered in Elgin; 2 . No admission is charged; 3 . The event is open to the general public; 4 . The event is not scheduled for a Friday, Saturday or Sunday; 5 . The event is booked no more than one year in advance; 6 . The rent waiver must be requested in writing at the time of booking; 7 . No single lessee shall have more than twelve hours of rental charges waived in any single calendar year; and 8 . Lessee shall pay for the cost of cleanup ( normally included in the rental fee) . M. To coordinate and recommend to the city council the use of gifts or bequests so as to improve and meet the needs of the Lord ' s Park Pavilion and Wing Park Band Shell; N. To prepare and submit an annual report to the city council concerning its activities ; O. To establish rules for the conduct of meetings ; r P . To perform such other duties as the city council may designate. 3 . 44 . 040 COMPENSATION. No member of the board shall receive any compensation or incur any expense without the approval of the city council . 3 . 44 . 050 PERFORMANCE OF DUTY. Each member of the board shall perform such duties as may be prescribed by ordinance for his position and to the best of his ability shall render faithful and effective service in the performance of his duties to the end that the public interest and welfare may be furthered. 3 . 44 . 060 OATH OF OFFICE . Each member of the board shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office, which shall be filed in the office of the city clerk. tek 3 . 44 . 070 REPORT OF RECOMMENDATIONS . The board shall, in matters pertaining to the operation of the city' s parks and recreational facilities and programs , report in writing directly to the city council and shall , in matters pertaining to the extension, construction, improvement and maintenance of city parks , monuments and recreational facilities , submit its reports in writing to the city planning and development commission. The city planning and development commission shall , without undue delay, transmit to the council such reports with an evaluation thereof in terms of comparative needs and costs in relation to other municipal projects . 3 . 44 . 080 REPORT OF PROCEEDINGS . The chairman of the board shall , at the first regular council meeting held in the months of March and September of each year, and at such other times as may be necessary, report all proceedings of the board to the city council . " Section 3 . That the duly appointed and acting board members of the parks and recreation board repealed by Section 1 hereof shall continue to serve as the board members for the parks and recreation board created by Section 2 hereof until the expiration of their respective current terms of office, or until their successors are appointed in the manner provided by law. Section 4 . That all ordinances or parts thereof in conflict with this ordinance be and are hereby repealed. Section 5 . That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Kevin Kelly Kevin Kelly, Mayor Presented: November 19 , 1997 Passed: November 19 , 1997 Vote: Yeas 4 Nays 3 Recorded: November 20, 1997 Published: Attest: s/ Dolonna Mecum _ Dolonna Mecum, City Clerk