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HomeMy WebLinkAbout2008-OR-04Ordinance 2008-OR- 004 An Ordinance Establishing The Jeffersonville Parks Commission And Rescinding Ordinance No. 83-OR-18 Entitled: "An Ordinance Concerning Public Parks And Recreation In The City of Jeffersonville. Indiana, as Authorized by IC 36-10-3" WHEREAS, the population of the City of Jeffersonville, Indiana is less than 35,000 citizens; WHEREAS, Indiana Code 36-10-5-2 sets forth that the City Council of Jeffersonville shall serve as the city's "Park Authority"; WHEREAS, IC 36-10-5-2 gives the City Council the authority to designate the governing body of the school corporation, a recreation board, municipal works board, or any other appropriate board or commission as the park authority; WHEREAS, it is the intent of the City Council to serve as the "Jeffersonville Parks Authority". However, the City Council is desirous of creating a "Jeffersonville Parks Commission" in order to assist in and participate in the operation of the Jeffersonville Parks and Recreation facilities; WHEREAS, it is the belief of the Council that since the date of the adoption of the 1983 ordinance the City of Jeffersonville has grown in area and population. Moreover, the Council believes that since this ordinance the City has developed many new parks and programs. The Council acknowledges that the City has developed a state-of-the art baseball facility, built a youth football facility and has expanded its recreation opportunities in many other areas; WHEREAS, as a result of this growth it has become necessary for the Council to rescind the twenty-five (25) year old ordinance and, with the cooperation of the mayor, develop an ordinance to address the modern needs of the citizens of Jeffersonville as well as attempt to anticipate the future needs of the citizens of Jeffersonville; WHEREAS, as the fiscal body imparted with the duty and obligation to insure that the citizens receive the best possible services for the least cost, the Council, llaye 1 0~ 13 pursuant to the laws of Indiana, would adopt the following ordinance creating the "Jeffersonville Parks Commission'; Definitions: A. "Jeffersonville City Council": The legislative body of the City of Jeffersonville, Indiana as defined by Indiana Code. B. "Jeffersonville Parks Authority": The Jeffersonville City Council shall be designated as the Parks Authority as defined by Indiana Code 36-10-5-2. C. "Jeffersonville Parks Commission": The Jeffersonville Parks Commission consists of all of those various Advisory Boards created to provide input, information and advice to those various Assistant Parks Superintendents as defined herein. D. "Jeffersonville Parks Department": The Jeffersonville Parks Department consists of all of the facilities, employees, Board and individuals engaged in providing Parks and Recreation services to the citizens of Jeffersonville, Indiana. E. "Superintendent of Parks and Recreation": The Superintendent shall be that individual appointed by the Mayor pursuant to Indiana Code and who shall be qualified as defined by Indiana Code 36-10-3-13. F. "Governing Body of Youth Baseball": Shall mean any national or international organization that provides charter membership to youth baseball. This shall include Little League Baseball, Inc., Cal Ripken, Jr. Baseball, Babe Ruth, etc. II. Jeffersonville Parks Department: The Jeffersonville Parks Department shall be composed to the following: A. Superintendent of Parks and Recreation: 1. The Superintendent of Parks and Recreation shall be, pursuant to Indiana Code, appointed by the Executive of the City of Jeffersonville, Indiana; ^arye 2 ob 13 2. The Superintendent shall meet those qualifications as defined by Indiana Code; 3. The Superintendent shall oversee the operations of the Parks and shall serve as the direct and immediate supervisor of those various Assistant Superintendents as set forth and created herein; 4. The Superintendent shall have those qualifications set forth in Indiana Code 36- 10-3-13whidr sets forth that he or she shall be qualified by training or experience in the field of parks and recreation; or have a certification or an advanced degree in the field of parks and recreation. 5. The Superintendent shall be obligated to prepare an annual budget and submit same for consideration of the Parks Authority/City Council. 6. The Jeffersonville Parks Department shall be subject to all ordinances, statutes and laws that all other departments of government shall be obligated to adhere to. This shall include, but not be limited to, the Jeffersonville Purchase Order Ordinance. The Parks Department shall be obligated to follow those bid procedures and provisions asset forth specifically in said ordinance and/or its successors. 7. Pursuant to Indiana Code and City Ordinance, the Jeffersonville City Council shall be vested with the duty and obligation to oversee the acceptance of and/or approval of all claims for expenditures of monies. B. Assistant Superintendent of Facilities: 1. The Assistant Superintendent of Facilities shall be responsible for the maintenance, upkeep and over-all condition of any and all physical properties owned, operated and maintained by the City of Jeffersonville, Indiana. This shall include the Aquatic Center in all of those maintenance matters that do not require the expertise of a professional pool consultant or maintenance company; 2. The Assistant Superintendent of Facilities shall supervise all of those employees deemed necessary to maintain and care for the Parks facilities and equipment; 3. The Assistant Superintendent of Facilities shall report to the Superintendent of Parks. However, the Assistant Superintendent of Facilities shall be given full and complete authority to make any and all decisions that he or she deems necessary to carry out those duties and responsibilities as described herein; ll aye 3 oQ~ 13 C. Assistant Superintendent of Programs: The Assistant Superintendent of Programs shall be responsible for developing recreation programs for the citizens of the City of Jeffersonville; 2. The Assistant Superintendent of Programs shall be responsible for insuring that the youth of Jeffersonville are afforded ample opportunities throughout the year to engage in activities such as arts and crafts, Summer recreation, educational programs and any and all other programs beneficial to the growth and development of Jeffersonville=s youth. In addition, the Assistant Superintendent of Programs shall be responsible for developing programs for the elderly residents of the City. He or she shall be vested with the obligation and duty to implement and develop programs for the elderly including, but not limited to, recreational day-trips, geriatric activities and any and all other programs beneficial to the growth and development of Jeffersonville=solder citizens. Further, he or she shall be responsible for developing any and all other programs that benefit the well fare and growth of all citizens of Jeffersonville, Indiana. 3. The Assistant Superintendent of Programs shall report to the Superintendent of Parks. However, the Assistant Superintendent of Programs shall be given full and complete authority to make any and all decisions that he or she deems necessary to carry out those duties and responsibilities as described herein; D. Assistant Superintendent of Sports and Athletics: 1. The Assistant Superintendent of Athletics shall be responsible for oversight and development of any and all sporting and athletic events in the City of Jeffersonville. 2. The Assistant Superintendent of Athletics shall be responsible for overseeing all youth baseball, football, basketball and any and all other team athletic events sponsored by the City, developed by the City or operated by the City. 3. He or she shall also be responsible for overseeing all adult softball, volleyball and any and all other team athletics sponsored by the City, developed by the City or operated by the City. 4. He or she shall be responsible for developing the rules that shall be uniformly applied throughout each and every league that the City either sponsors, IIars 4 0~ 13 developed and/or operates. 5. He or she shall develop those rules in conjunction with the officers and officials from each of those leagues as well as those members of the Advisory Board of the Sports and Athletics Commission. 6. He or she shall have the final and ultimate authority to make any and all decisions regarding the enforcement of those rules and regulations as developed by the Sports Commission. However, as it relates to Little League baseball the Sports Commission shall not be permitted to develop any rules and/or regulations that may be interpreted to conflict with those rules and regulations adopted by any governing body which sanctions said youth baseball program. 7. He or she shall be obligated to meet with the volunteers and various office holders that make up the organization of each and every sports league, including, but not limited to Little League baseball, Youth Football and any and all basketball leagues operated by, sponsored by or developed by the City. The purpose of these meetings shall be to develop a procedure for addressing all of those needs of the league and City. 8. The Assistant Superintendent of Sports and Athletics shall report to the Superintendent of Parks. However, the Assistant Superintendent of Sports and Athletics shall be given full and complete authority to make any and all decisions that he or she deems necessary to carry out those duties and responsibilities as described herein; E. Assistant Superintendent of Special Events and River Staae: 1. The Assistant Superintendent of Special Events and River Stage shall be responsible for scheduling, development and productions related to the Jeffersonville River Stage. He or she shall investigate the potential methods of creating income from the use of River Stage as well as investigate the additional uses for the River Stage facility. 2. He or she shall also be responsible for developing special events for the citizens. These special events shall include, but not be limited to, holiday celebrations, Thunder Over Louisville activities, Derby related activities, and any and all other special events for the enjoyment and the benefit of the citizens of Jeffersonville. 3. He or she shall also communicate with and coordinate events with all other organizations in the City which sponsor events for the public. This shall include, but not be limited to: Jeffersonville Main Street, Jeffersonville Preservation I7aye 5 0~ 13 Society, Taste of Jeffersonville, etc. The Asst. Supt. Of Special Events shall be responsible for attempting to insure that all organizations and groups are informed of their counterparts events and he or she shall keep the Parks Commission and Council informed as well. 4. The Assistant Superintendent of Special Events and River Stage shall report to the Superintendent of Parks. However, the Assistant Superintendent of Special Events and River Stage shall be given full and complete authority to make any and all decisions that he or she deems necessary to carry out those duties and responsibilities as described herein; F. Any And All Other Necessary Employees, Contractors or Sub-Contractors Necessary to Operate the Parks Facilities In Jeffersonville: 1. The Parks Department shall also be made up of any and all other employees necessary to operate each of those various divisions of parks and recreation as described above. 2. The employees of the parks department shall report to the Assistant Superintendent of the division of parks that they are employed to work directly with and the employee shall communicate with that Assistant Superintendent. 3. The employees of the parks department shall ultimately be responsible to the Superintendent of Parks and the mayor of the City of Jeffersonville. 4. The administrative staff of the parks shall report to the Superintendent of the Parks Department. 5. All employees of the parks department, as with all employees of the City of Jeffersonville, are employees at will. III. Jeffersonville Parks Commission Advisory Boards: The newly organized Jeffersonville Parks Commission shall be made up of five (5) Advisory Boards. The Advisory Boards shall be organized as follows: A. The Facilities Advisory Board: The Facilities Advisory Board shall consist of five (5) members. The Asst. Supt. 17aye 6 0~ 13 Of Facilities shall serve upon the Board and shall be a voting member. 2. The remaining four (4) members shall be appointed as follows: One (1) shall be appointed by the mayor of the City of Jeffersonville; and Three (3) shall be appointed by the City Council. The term of each member of the Board shall be two (2) years. However, upon the ordinances implementation the mayor's appointee shall serve one (1) year and the council's appointees shall serve two (2) years. The appointments shall be for two (2) years beginning thereafter. Those individuals appointed to the Facilities Advisory Board shall be individuals with an interest and/or expertise in maintenance, agronomy, building trades or any other profession wherein those skills would by the city in the normal course of the operations of the parks facilities. 3. The five (5) member board shall meet once each month at the offices of the Jeffersonville Parks Department. The members of the advisory board shall choose a secretary. The secretary shall prepare minutes of said meeting and provide copies to the Superintendent. All meetings of the board shall be subject to the Indiana Open Door Laws. 4. The Asst. Superintendent shall provide the members of the Board with a report of work performed during the preceding month as well as projects anticipated in the subsequent month. The Asst. Supt. shall receive recommendations from the Board regarding issues related to the maintenance, development and needs of the facilities over-seen by the Asst. Supt. Of Facilities. 5. The Board shall serve as an advisory board to the facilities superintendent. 6. The Jeffersonville City Council shall appoint fhe chairman of the advisory board. Moreover, the chairman of said advisory board shall serve as the advisory board's appointment to the Jeffersonville Parks Commission Advisory Board. B. The Program Advisory Board: 1. The Program Advisory Board shall consist of five (5) members. The Asst. Supt. Of Programs shall serve upon the Board and shall be a voting member. 2. The remaining four (4) members shall be appointed as follows: One (1) shall be appointed by the mayor of the City of Jeffersonville; and Three (3) shall be appointed by the City Council. The term of each member of the Board shall be two (2) years. However, upon the ordinances implementation the mayor's llaye 7 0~ 13 appointee shall serve one (1) year and the council's appointees shall serve two (2) years. The appointments shall be for two (2) years beginning thereafter. Those individuals appointed to the Program Advisory Board shall be individuals with an interest and/or expertise in developing programs for children, adults and older citizens. Those individuals should be individuals with experience in education, recreation and child development. 3. The five (5) member board shall meet once each month at the offices of the Jeffersonville Parks Department. The advisory board shall choose a secretary. The secretary shall prepare minutes of said meeting and provide copies to the Superintendent. All meetings of the board shall be sub%ect to the Indiana Open Door Laws 4. The Asst. Superintendent shall provide the members of the Board with a report of programs that were held in the preceding month as well as programs anticipated in the subsequent month. The Asst. Supt. shall receive recommendations from the Board regarding issues related to the maintenance, development and needs of the facilities over-seen by the Asst. Supt. Of Facilities. 5. The Board shall serve as an advisory board to the asst. superintendent of programs. 6. The Jeffersonville City Council shall appoint the chairman of the advisory board. Moreover, the chairman of said advisory board shall serve as the advisory board's appointment to the Jeffersonville Parks Commission Advisory Board. C. The Sports and Athletic Advisory Board: 1. The Sports and Athletic Board shall consist of seven (7) members. The Asst. Supt. Of Sports and Athletics shall serve upon the Board and shall be a voting member. The Board shall meet once a month. The board shall choose a secretary. The secretary shall prepare minutes of said meeting and provide copies to the Superintendent. All meetings of the board shall be subject to the Indiana Open Door Laws 2. The remaining members shall be one (1) member appointed by the Jeffersonville City Council and five (5) members appointed by the Jeffersonville Athletic Director in conjunction with all of those head IIaye 8 0~ 13 coaches serving in all sports at Jeffersonville High School. The term of each of these appointments shall be for two (2) years. 3. The members of the Advisory Board shall assist in developing the rules to be adhered to by those individuals participating in all sports activities in the Jeffersonville Parks Department. 4. The members of the Advisory Board shall assist in developing a curriculum of activities to teach fundamentals, sportsmanship and skills for each sport that the city sponsors, develops or administers. 5. The merit of the input of the members of the Sports and Athletic Advisory Board shall be received in light of their collective interest in developing skilled athletes with academic credentials and who understand sportsmanship. 6. The Board shall serve as an advisory board to the asst. superintendent of sports and athletics. 7. The Jeffersonville City Council shall appoint the chairman of the advisory board. Moreover, the chairman of said advisory board shall serve as the advisory board's appointment to the Jeffersonville Parks Commission Advisory Board. D. The Special Events and River Staae Advisory Board 1. The Program Advisory Board shall consist of five (5) members. The Asst. Supt. Of Programs shall serve upon the Board and shall be a voting member. 2. The remaining four (4) members shall be appointed as follows: One (1) shall be appointed by the mayor of the City of Jeffersonville; and Three (3) shall be appointed by the City Council. The term of each member of the Board shall be two (2) years. However, upon the ordinances implementation the mayor's appointee shall serve one (1) year and the council's appointees shall serve two (2) years. The appointments shall be for two (2) years beginning thereafter. Those individuals appointed to the Special Events and River Stage Advisory Board shall be individuals with an interest and/or expertise in theater, the arts, special events planning and any and all other areas or fields related. 3. The five (5) member board shall meet once each month at the offices of the Jeffersonville Parks Department. The board shall choose a secretary. The secretary shall prepare minutes of said meeting and provide copies to the Clarye 9 0~ 13 Superintendent. All meetings of the board shall be subject to the Indiana Open Door Laws 4. The Asst. Superintendent shall provide the members of the Board with a report of programs that were held in the preceding month as well as programs anticipated in the subsequent month. The Asst. Supt. shall receive recommendations from the Board regarding issues related to the development of programs and events for River Stage and the development of programs and events for the city of Jeffersonville. 5. The Board shall serve as an advisory board to the asst. superintendent of River Stage and Special Events. 6. The Jeffersonville City Council shall appoint the chairman of the advisory board. Moreover, the chairman of said advisory board shall serve as the advisory board's appointment to the Jeffersonville Parks Commission Advisory Board. E. The Jeffersonville Parks Commission Advisory Board 1. The Jeffersonville Parks Commission Advisory Board shall be made up of one member of each of the four (4) advisory boards set forth in paragraphs A through D above and shall be appointed pursuant to the specific language in the ordinance. In addition, the Mayor shall be a voting member of this Board. The Mayor shall also appoint two (2J additional members of the Board. The total membership of the Jeffersonville Parks Commission Advisory Board shall be seven (7). 2. The Jeffersonville Parks Commission Advisory Board shall meet a minimum of one (1) time each month on that date and at that time designated by the board. 3. The Jeffersonville Parks Department Superintendent shall attend this meeting. The members of the Jeffersonville City Council should attend this meeting as well. 4. At said meeting each members of The Jeffersonville Parks Commission Advisory Board shall provide a report to the other members of those activities and recommendations that were made and received at their respective advisory board meetings. 5. The Jeffersonville Parks Commission Advisory Board shall vote to determine what recommendations that it wishes to make to the Jeffersonville City Council 17aye ]O o~ 13 regarding the growth and development of the Jeffersonville Parks facilities. 6. The Jeffersonville Parks Commission Advisory Board shall report to the City Council the 2nd meeting of each month. The Superintendent of the Parks may provide the report and/or any other member of the Jeffersonville Parks Commission Advisory Board. The Jeffersonville Parks Commission Advisory Board shall provide a report to the City Council regarding activities and finances of the Parks Department as well as submit any and all request, recommendations orother information that the Parks Commission Advisory Board deems necessary. 8. The Jeffersonville Parks Commission Advisory Board shall choose a chairman and a secretary. The secretary shall prepare minutes of said meeting and provide copies to the Superintendent. All meetings of the board shall be subject to the Indiana Open Door Laws E. Mandatory Attendance Of Board and Advisory Board Members: 1. All Board members shall serve at the will of the appointing authority. A Board member may be removed by that members appointing authority for "cause" or "no cause". 2. Any Board members that fails to attend three (3) Board meetings in a calendar year shall be subject to automatic removal from the Board upon which they are members. 3. The Chairman of said Board shall have the authority to remove any Board member that fails to attend three (3) Board meetings. If a Board member is removed the Chairman shall immediately notify the appointing authority and request that a replacement be appointed immediately. IV. The Jeffersonville Citv Council As Jeffersonville Parks Authority Pursuant to Indiana Code 36-10-5-2 the Jeffersonville City Council shall serve as the Jeffersonville Parks Authority with the assistance and guidance of those various Advisory Boards and the Mayoras set forth herein. 2. Pursuant to I.C. 36-10-5-2 the Jeffersonville City Council as the Jeffersonville flaye 17 nfi 13 Parks Authority shall have the following powers and duties The park authority shall manage all public parks, including approaches, that belong to the municipality. If a municipality decides, by ordinance, to establish, lay out, or improve a public park or grounds, or to make an extension of a park or grounds, it may locate the park or grounds, including appurtenances, and it may lay out and open the public ways necessary for the improvement. If it is necessary to acquire land, water rights, or easements, or a pool, lake, or natural stream of water, the park auihority may condemn that property and take possession of it if it is located within five (5) miles of the municipality. Before the park authority condemns the property, it shall assess the damages to the owners of the property at a meeting of the authority. Additional condemnation proceedings are the same as those provided for the taking of property to open streets. The park authority may adopt rules concerning the laying out, improvement, preservation, ornamentation, and management of parks. The park authority shall allow monuments or buildings for libraries, works of art, or historical collections to be erected in a park, as long as they are under the control of the persons in charge of the park and no inclosure separates them from the rest of the park. The legislative body of the municipality may also levy a tax on all taxable property in the municipality to pay for park property and for its improvement. The legislative body may also borrow money and issue the bonds of the municipality at any rate of interest payable annually or semiannually and may sell them for at least par value. The money derived from the sale of bonds may be used only for the purchase or improvement of parks. The legislative body shall annually levy a tax sufficient to pay the interest on the debt on all taxable property in the municipality to create a sinking fund for the liquidation of the principal of the debt. If the park authority of a city decides to lease any buildings or grounds belonging to the city and located in a public park when they are not required for public use, the proceeds shall be deposited with the city fiscal officer to the credit of park funds and devoted to the improvement of public parks. Any nonreverting fund that was created under IC 19-7-6 (before its repeal on September 1, 1981) continues until abolished by ordinance of the municipal legislative body. The legislative body may include in the park authority's annual budget an item and an appropriation for the specific purposes of a nonreverting capital fund. Money put in the fund may not be withdrawn except for the purposes for which the fund was created, unless the legislative body rlaye 120 L3 would have been issued had any such unlawful or otherwise invalid provision or application not be included. repeals the ordinance creating the fund. The repeal may not be made under suspension of the rules. Money procured from fees shall be deposited at least once each month with the municipal fiscal officer. The fiscal officer shall deposit the money either in a special nonreverting operating fund or in the nonreverting capital fund as directed by the park authority. The legislative body may provide by ordinance that expenditures may be made from the special nonreverting operating fund without appropriation. Money from fees procured from golf courses, swimming pools, skating rinks, or other similar facilities requiring major expenditures for management and maintenance may not be deposited in this fund. Money from either fund shall be disbursed only on approved claims that are allowed and signed in the same manner as other claims of the municipality are allowed and signed. 3. The Jeffersonville City Council acting as the Jeffersonville Parks Authority shall have any and all powers vested in it by the Indiana Code as set forth herein as well as any and all other relevant Indiana statues or code not specifically cited herein. 4. The Jeffersonville City Council acknowledges that the day to day operations of the Jeffersonville Parks Department shall be conducted by the Jeffersonville Parks Department staff as appointed, hired and directed by the Mayor of the City of Jeffersonville, Indiana. If any provision of this Ordinance or application thereof to any person or circumstance is held unlawful or otherwise invalid such invalidity does not affect other provisions or applications of this Ordinance which can be given effect without the invalid application or provision and to this end each such invalid provision or application of this Ordinance is severable it is hereby declared to be the intent of the Jeffersonville City Council that this Ordinance would have been issued had any such unlawful or otherwise invalid provision or application not be included. This Ordinance shall be in full force and effect from and after its passage and approval. llaye 13 0~ 13 This Ordinance shall be in full force and effect upon its timely passage, promulgation and approval by the Mayor. Passed and adopted by the Common Council of the City of Jeffersonville, Clazk County, State of Indiana, this ~ day of /It ,~~2.C µ , 2008. n omas Galligan Mayor ATTEST: Peggy Clerk Treasurer i ~ fifiY Presented by me as Clerk Treasurer to the Mayor this i ~ day of 'J 'J ~ , 2008. Qy, ~1~~ Pegg er Clerk Treasurer This Ordinance approved and signed by me this _~ day of ~.~ A-RC 14 , 2008. ~ v Tomas Galligan Mayor