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068 of 1983 - Title 25 Tracy Aviary Board • ', wow,,;,,,e,,,,,,,,,,,..i..rnr.-� r% ILMED 0 83-38 SALT LAKE CITY ORDINANCE No. 68 of 1983 (Tracy Aviary Board) AN ORDINANCE AMENDING Title 25 of the Revised Ordinances of. Salt Lake City, Utah, 1965, by ADDING a new Chapter 28 to be entitled "Tracy Aviary Board. " Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Title 25 of the Revised Ordinances of Salt Lake City, Utah, 1965, be, and hereby is AMENDED by ADDING a new Chapter 28 to be entitled "Tracy Aviary Board. " Chapter 28 TRACY AVIARY BOARD Section: 25-28-1 . Definitions. 25-28-2. Creation of board. 25-28-3 . Appointment. Oath of office. 25-28-4. Removal from office. 25-28-5. Members ethics. 25-28-6. Eligibility for membership. 25-28-7. Meetings. 25-28-8. Election of board officers. 25-28-9. Review of action-veto power of Mayor. 25-28-10. Committees. 25-28-11. Powers and duties. 25-28-12. Attorney. 25-28-13 . Severability. Sec. 25-28-1 . Definitions. For the purpose of this chapter the following words shall have the meaning as given herein: ( 1 ) "Board" means the Salt Lake City Tracy Aviary Board created under this ordinance. ( 2 ) "Council" means the Salt Lake City Council . ( 3) "City" shall mean and have reference to Salt Lake City, a municipal corporation of the State of Utah. ( 4 ) "Tracy Aviary" shall mean the aviary currently located within the boundaries of Liberty Park. ( 5) "Mayor" means the duly elected or appointed, and qualified Mayor of Salt Lake City. ( 6) "Member" means a person appointed by the Mayor who is duly qualified and an acting , voting member of the Board. (7) "Director of Parks" means a person appointed by the Mayor with the advice and consent of the Council who is duly qualified and acting head of the Parks Department. ( 8) "Person" means an individual. Sec. 25-28-2. Creation of board. There is hereby created the Salt Lake City Tracy Aviary Board, hereinafter referred to as "Board" , which body shall consist of not more than 13 voting members. The Mayor, the Parks Director and the City Attorney shall be ex officio non-voting members. Sec. 25-28-3 . Appointment. Oath of office. All appointments of Members of the Tracy Aviary Board shall be made -2- by the Mayor with the advice and consent of the City Council , pursuant to a duly adopted executive order of the Mayor. All removal shall be by executive order of the Mayor. In making initial appointments, the Mayor shall with the advice and consent of the Council , designate three members to serve two years, five to serve three years, and five members to serve four years. Any fraction of a year in the initial appointment shall be considered a full year. Thereafter, all appointments shall be made for a four-year term. Each member's term of office shall expire on the applicable third Monday in October but he or she shall continue to hold that office until his or her successor is appointed and qualified. Each member shall perform service on a voluntary basis without compensation and on such basis shall be immune from liability with respect to any decision or action taken during the course of those services as provided by Utah Code Annotated , Section 63-3-1 et seq. ( 1953 ) as amended. Members shall sign the oath of office required by law to be signed by City officials and file the same in the office of the City Recorder. Every member who shall fail within ten days after notification of his or her appointment to file with the City Recorder his or her oath of office to perform faithfully, honestly and impartially the duties of the office, shall be deemed to have refused such appointment, and thereupon another person shall be appointed in the manner prescribed in these ordinances. Vacancies occurring in the membership of the Board shall be filled by appointment by the -3- Mayor with the advice and consent of Council for the expired term. Sec. 25-28-4 . Removal from office. Any member may be removed from office by the Mayor for cause, prior to the normal expiration of the term for which such member was appointed. Sec . 25-28-5. Members ethics. Members shall be subject to and bound by the provisions of the City' s Conflict of Interest Ordinance Section 24-13-1, et seq. , Revised Ordinances of Salt Lake City, 1965, as amended. Any violation of the provisions of said act shall be grounds for removal from office. Sec. 25-28-6. Eligibility for membership. A person to be eligible to be appointed as a member of the Board shall meet the following prerequisites: (1 ) Be not less than 18 years of age. ( 2 ) Be a resident of the State of Utah. Sec. 25-28-7. Meetings. The Board shall convene for regular meetings to be held not less than monthly throughout the year. The Board shall keep its meetings open to the public. Special meetings may be ordered by a majority of the Board, the Chairperson, or the Mayor. The order for a special meeting must be signed by the member calling such meeting and , unless waived in writing, each member not joining in the order for such special meeting must be given not less than three hours notice. Said notice shall be served personally or left at the Member 's residence or business office. The Board may also hold executive -4- sessions, for the purpose of discussing sensitive matters such as negotiations or personalities, at such times as the Board shall determine, which need not be open to the public; provided, however, no resolution, rules or regulation shall be finally approved at such executive session and such sessions shall be held infrequently as it is recognized that almost all issues are to be discussed in public. Meetings shall be held at the office of the Director of Parks, or at such other public place as may be designated by the Board. Seven members of the Board shall constitute a quorum for the transaction of business. The Board may act officially by an affirmative vote of any seven of the Members. The Board shall cause a written record of its proceedings to be kept which shall be available for public inspection in the office of the Director of Parks. The Board shall record in the record the yea and nay votes on the voting of any action taken by it. The Board shall adopt a system of rules of procedure under which its meetings are to be held. The Board may suspend the rules of procedure by unanimous vote of the members of the Board who are present at the meeting. The board shall not suspend the rules of procedure beyond the duration of the meeting at which the suspension of the rules occurs. Sec. 25-28-8. Election of Board officers. Each year the Board at its first regular meeting after the third Monday in -5- October shall select one of its members as Chairperson, and another of its members as Vice-Chairperson who shall perform the duties of the Chairperson during the absence or disbility of the Chairperson. The Parks Director shall make available a secretary from his staff to the Board when required. Sec . 25-28-9. Review of action-veto power of Mayor. All actions taken by the Board shall constitute recommendations to the Mayor and shall not constitute official action. All actions shall be reduced to writing and submitted to the City Recorder's office for presentment to the Mayor. The City Recorder shall present the same to the Mayor at the next regular meeting . The Mayor shall have the power to review, ratify, modify or veto any action submitted by the Board , or refer the matter to the Council , if appropriate. The City Recorder shall promptly notify the Board in writing of the action taken by the Mayor. No action shall be implemented until the Board is notified in writing that it has been ratified by the Mayor, or, if referred to the Council, that the Council has adopted an ordinance implementing the recommendation of the Board , or that the action was modified and adopted by the Mayor or Council, as appropriate, and in such event it shall be implemented as modified . Sec. 25-28-10. Committees. The Board may designate such committee or committees as it desires to study, consider and make recommendations on matters which are presented to the Board. Committee members may be members, but the Board shall have the -6- power to appoint such committee members as it deems appropriate and advisable even though they may not be Members. Sec. 25-28-11. Powers and duties. The Board shall have the following powers and duties: (1 ) The power to determine and establish such rules and regulations for the conduct of the Board as the members shall deem advisable; provided, however, that such rules and regula- tions shall not be in conflict with this ordinance or other city, state or federal law. ( 2 ) To recommend the adoption and alteration of all rules and regulations which it shall from time to time deem in the public interest and most likely to advance, enhance, foster and promote Tracy Aviary, for the conduct of the business of, and operation of, Tracy Aviary and the facilities thereof, and for the purposes of carrying out the objects of this ordinance; but such rules and regulations shall not be in conflict with the terms of this or any other city ordinance, state or federal law. ( 3 ) To recommend planning , establishment and approval of all construction and expansion projects for Tracy Aviary. The approval required in this section shall be in addition to all other approval of other city departments required by law or City policy. (4 ) To recommend broad matters of policy regarding the operation and management of the Tracy Aviary, which shall include, but not in limitation thereof, the following : -7- (a) Expansion of Tracy Aviary. (b) Timing of such expansion. (c ) Establishing rate structures for services or facilities furnished by Tracy Aviary to the public or to any person, firm or corporation, public or private and for leasing of space or facilities, or for granting rights, privileges, or concessions at Tracy Aviary. (d) The duration which will be allowed for each particular class of leases or granting of rights at the Aviary. ( e) To make determinations when required as to the public need and convenience for additional concessionaire services or facilities at the Aviary. ( 5 ) The Board shall annually review and make recommenda- tions on a budget for the purpose of operating the maintenance expenditures for the Aviary and shall calculate the revenues necessary to provide funds for the operating expenditures of the Aviary The budget shall be prepared and filed at such time as the Mayor shall designate and shall contain a full and detailed estimate of the revenue required during the ensuing year for the maintenance and operation of said Aviary, showing therein the number of employees, by classification, and the amount of salary wages recommended for each. The expenditures for the maintenance and operation of said Aviary shall be limited to the extent of specific appropriations of money made in advance by the Council -8- upon estimates furnished. ( 6 ) Review not less often than quarterly with the Parks Department administration, the income from all sources, the expenditures for all purposes, and the relationship of anticipated revenues to anticipated expenditures. ( 7 ) Assist the Parks Superintendent in every way possible for the continuing orderly development and promotion of the Aviary in order to best serve the citizens of Salt Lake City. Sec. 25-28-12. Attorney. The City Attorney shall be the attorney for the Board. Sec. 25-28-13 . Severability. The provisions of this ordinance shall be severable; and if any provision thereof, or the application of such provision under any circumstances is held invalid, it shall not affect any other provision of this ordinance, or the application in a different circumstance. SECTION 2. This ordinance shall take effect immediately upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 4th day of October , 1983. '-CHAIRMAN ATTEST: APPROWD AS TO FORM Salt Lako Ci+y9�,+fcrnoy's Office T Date Ada c ----- CITY R19VORDER -9- P Transmitted to the Mayor on October 4, 1983 Mayor 's action 10/4/83 YO ' ATTEST: t r ( r7 (C T+ R1EFIID R f . cc6 5 (S EAL) BILL 68 of 1983 Published: October 18, 1983 —1 0— • s s r Y F • • w • Affidavit of Publication STATE OF UTAH, SS. County of Salt Lake I - •Ch.ex .L Ga ex1© SALT LAKE CITY ORDINANCE No.68ofiM (Tracy il�AN ORDINANCE AMENDING Title of the.Revised ordi- nances of Salt Lake City,Utah: SECTION 9•That Title 25 of the Revised Ordinances of Salt Being first duly sworn, deposes and says that he is legal Lake City,Utah 19 ,bs and hereby Is AMENDED by ADDING anew Chapter2lito et,fr"ad'TracyAviaryBoard."!,: advertising clerk of the DESERET NEWS, a daily Chapter 28 TRACY AVIARY BOARD (except Sunday) newspaper printed in the English Section: . 25.28-1. Creation language with general circulation in Utah, and 25.28.2.,Cratlon Of board: � g 25-2e-3• Appointment,Oath ofoffice. published in Salt Lake City, Salt Lake County, in the 25.28.4.Removal from office. 25•2". Eligi6 ftvef"o'ri`membership. State of Utah. 25-28-7• ,M"tings. 25.2". Election coward officers. 25-28 9 Review of action-veto Power of Mayor.. 2s2e1o:cammrfr That the legal notice of which a copy is attache hereto 25-28-11.Pbwersa duties. 25-28-12..Attorney, ` 25-28-13.Severabili}ty� folloWngwOdlsshaallhavleMemaniinngas I�hersIA:chapter the Salt Lake City'••(�a°da`.nanee• No.• 6.8••of 19.83 - . . ......................... (1) "Board"means the Salt Lake Ctv,Tracy Aviary Board created under this ordinance., (2) "Council"means the Salt Lake City Council: (3) "City"shall mean and have reference to Salt Lake City, TxYa C� ��1aT ..Board a municipal corporation of the State of Utah (4) 'Tracy Aviary"shall mean the aviary currently located within the boundaries of Liberty Park. ' ' (5)) "Maf sa f"means'the my elected,or appointed,.and qual- ified AAaYor olt Lake City. .............................................................................................................. S6) "Memtler",means a Person.eppeinted byy th Mayor who Is du Y qualified and on•actim voting memben*Of,tlio ggoar (7) "Director of Parks I means a peledlt gg0 nted by the mayor with the advice and consent of��Coltticll who Is duly quaiified'andactiryhaCofthePal UD AArnNt11 ........................................ ....................................................................... (8) "Person"means an indiv dual Sec.25-M. Creation of board. There Is hereby created the BoaLake d key hiehTraCy shalt c4 aslst of"rt�r@hereinafter t ana referred 33 vootting ............................................................................................................... members.The Mayor,the Parks rmW,A. the City Attorney shall beexofficronal-vofingmembers.,� , Sec.25.2&3. Appointment; 'p�th of offiei:'All appointments of Members of the Tracy Aviary Board shall be made by the was published in said newspaper on......................................... Mayor with the advice and co nsent of the City Council,pursuant to a duly executive order of the Mayor.All'rembval shall be by executive�grder of�Maya.'In making Initial appoint-ments,the or shall with the advice and consent of the Coun- QC'[Qb.PT•. g ...�.9, •••••••••••••••••••............................... cil,designate thnee`m�mbera to serve two years, five to serve '••"•""••'• three Years,and five members to serve four years.Any fraction of a Year in the initial appointment+shall be considered a full var•Thereafter,all appointments shall be made fora four-year ............. term.Each member's term of,q f ce shan expire on we app ce ............................... bl@ third Mon day'ln October but he Or she shell'Cantinue t I Lega A tisin rk that office until his or her successor ta'a inted,and gnlepff ad. Each thomPer shall.perform service on a,oiu ary"basls without c'urnpe�t)�A an on suchbasis.es k'be m b1' , Course with reaaect'.fo any decisianor ac11 ¢Donee of those services as Provided Uf h note r �pn d3 31 et seq.0953 as amended. m s shall sign the oa of office day of required by law to be sl ned by Chv officials and file the some in fore me this ..............................27 th......................................... y the office of the City Recorder. Every member who shall fall within ten days after notification of his or her appointment to file fuilly thehoiwstiY ana Impaitially�th oath of a theth- ott14 srfohall deemed to have refused such appointment,and thereupon another •• A.D. 19...83.. person shall be appointed in the manner prescribed In these ordi- nances. Vacancies occurring in the (n1ombership of the Board shall be filled by appointment by the Mayor with the advice and consent of Council for the expired term. Sec. 25.28.4. Removal from office. Any member may be removed from office by the Mayor for cause,Prior to the normal expiration of the term for which such member was appointed. r ;", .•• Sec.25-21". Members ethics. Members shall be subiect to ,�`... ..r4,�..... .:......... .i ........ and bound by the provisions of the Clty's Conflict of Interest Ordi- nance Section 24-13-1,at seq., Revised Ordinances of Salt Lake 11 Notary Public shall be groundssfforrremoval fromtokfce the provisions of said act Sec. 25.28.6. Eligibility for membership. A Person to be eii9able to be appointed as a member of the Board shall meet the following prerequisites. My Commission Expires .......... .......................... ADM-35A 11 se"less than 18 years of age. 2� Be a resident of the State of Utah.oldnl �n�ntlhwoneuo teYmeetiings e hold not Meetings. than monthly The Board shall keep Its meetings Open to the public. Spatial meetings may be ordered by a malor(ty of the Board,the Chair- person,or the Mayor.The order for a special meeting must be signed by the member calling such meeting and,unless waived in writing,each member not ioining In the order for h special meeting must be olven rot less than three hours not .Said no- tics shall be served personally or left at the Members•residence or business office.The Board may also told executive sessions, for the purpose of discussing sensitive matters such as negotia- tions or personalities,at such times as the Board shall determine, which need not be open to the public;provided,however,no reso- lution,rules or regulations shall be finally approved at such exec- utive session and such sessions shall be held Infrequently as it Is recognized that almost all issues ere to be discussed in public. Meetings shall be held at the office of the Director of Parks,or at such other public place as may be designated by the Board.Sev- en members of the Board shall constitute a quorum for the trans- action of business.The Board may ad officially by an affirmative vote of any seven of the Members, The Board shall cause a written record of its proceedings to be kept which shall be available for public Inspection In the office of the Director of Parks.The Board shall record In the record the yea and nay votes on the voting of any action taken by it. The Board shall adopt a system of rules of procedure under which its meetings aare to be held.The Board may suspend the rules of,procedural by unanimous vote of the members of the Board who are present at the meeting.The board shall not sus-_ Pend the rules of procedure beyond the duration of the meeting at which the suspension of the rules occurs. Sec. 25-28-8. Election of Board officers. Each year the Board at its first regular meeting after the third Monday in Oc- tober shall select one of Its members as Chairpersoma and anon► er of Its members as Vice-Chairperson who shall perform the duties of the Chairperson during the absence or disability of the Chalrperson. The Parks Director shall make available a serve-, fart'from nis staff to the Board when required.. Sec. 25-28 9. Review of action-veto,power of Mayor.All ac- tions taken by the Board:thou constitute recommendations to the Mayor and shall not constitute official action.All actions shall be reduced to writing and submitted to the City Recorder's office for Presentment to the Mayor.The City Recorder shall present the (ATTEST: same to the Mayor at the next regular meeting.The Mayor shall KATHRYN MARSHALL have the Power to review,ratify,modify or veto any action sub- CITY RECORDER miffed by the Board,or refer the matter to the Council,If appro- Transmitted to the or on October 4,1983 Prnrglaof tTFeheadIon taken by shall MhrrlyortlNo�Mlon shall In writ- Mayor's 10/4/83 mented Until the Board Is notified In writing that it has been rat(- TED WILSON fied by the Mayor,pr,If referred to the Council,that the Council ATTEST: MAYOR has adopted an ordinance Implementing the recommendation of KATHRYN MARSHALL the Board,or that ate action was modified and adopted by the CITY RECORDER Mayor or Cp Il,as appropriate,and in such event It shall be (SEAL) implemented as modified. BILL 68 of 19e3 Sec. 25-28-10. Committees. The Board may designate such Published:October 18,1983 committee or committees as it desires to study, consider and make recommendations on matters which are presented to the Board. Committee members may be members, but the Board --�-- shall have the Power to appoint such committee members as it deems appropriate and advisable even though they may not be Members. Sec.25-WI1. Powers and duties. The Board shall have the following powers and duties: (1) The power to determine and establish such rules and regulations for the conduct of the Board as the members shall deem advisable; provided however,that such rules and regula- tions shall rat be In conhid with this ordinance or other city, state or federal law. (2) To recommend the adoption and alteration of all rules and regulations which it shall from time to time deem in the Pub- lic Interest and most likely to advance,enhance,foster and pro- mote Tracy Avlaz for the conduct of the business of,and opera- tion of,Tracy Aviary and the facilities thereof,and for the Pur- poses of carrying out the oblects of this ordinance;but such rules and regulations shall not be in conflict with the terms of this or any other city ordinance,state or federal law. (3) To recommend planning,establishment and approval of all construction and expansion protects for Tracy Avian . The approval required In this section shall be in addition to al other approval of other city departments required by law or City Poli- ev.(4) To reconvnend broad matters of policy regarding the operation and management of the Tracy Aviary,which shall in- clude,but not In limitation thereof,the following: (a) Expansion of Tracy Aviary. (b) Timing of such expansion. (c) Establishing rate structures for,services or fa- cilities furnished by Tracy Avlary to the public or to any person, firm or corporation, public or private and for leasing of space a-faculties,or for granting rights,priv- I leaes or concessions at Tracy Avi ry. (a) The duration which wi all for each Particular class of leases or granting of rights at the Aviary. (0) To make determinations when required as to the public reed and convenience for additional conces- Si4pnalre s=ces qqr facitifies at the Aviary. (5) The Board sMll annually review and make recommen- dations on a budget for the purpose of operating the maintenance expenditures for the Aviary and shall calculate the revenues necessary to Provide funds for the operati expenditures of the Aviary.Tie budget shall be prepared and 11 at such time as the Mayor shall designate and 6hall contain a full and detailed estimate of the revenue required duri�nngp the ensuing year for the maintenance'and operefion of sold ATilary,showing therein the number of,employees,by classification,and the amount of salary waves recommended for each.The expenditures for the mainte- nance and operation of said Aviary shell be limited to the extent of specific appropriations of money made in advance by the Coun- cil uppoon estimates furnished. (6) Review.not less often than quarterly with the Parks Department administration, the Income from all sources, the expenditures for all Purposes,and the relationship of anticipated revenues to anticipated expenditures. (7) Assist the Parks Superintendent In every way possible for the continuing orderly development and Promotion of the Aviary In order to best serve the citl ens of Salt Lake City. Sec.25-28-12. Attorney. The city Attorney shall be the at- torney for the Board. Sec. 25.28.13. Severability. The Provialetis'of this ordinance shall be severable;and If any provision thereof,or the applica- tion of such grovis�on under any clrcumsta, 1S held Invalid,it shall not affed any other'provislon of this&Wd n%d4so,or the adbli?a cation in a different circumstance. SECTION 2. This ordinance shall take effect immediately upon its first publication. Passed by the City Council of Salt Lake City,Utah,this 4th day of October,1983. GRANT MABEY CHAIRMAN