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068 of 1994 - Recreation Enterprise Fund Advisory BoardSALT LAKE CITY ORDINANCE No. 68 of 1994 (Recreation Enterprise Fund Advisory Board) AN ORDINANCE REPEALING CHAPTERS 2.37 AND 2.38, SALT LAKE CITY CODE, PERTAINING TO RECREATION ADVISORY BOARD AND GOLF ADVISORY BOARD, AND RE-ENACTING CHAPTER 2.37, PERTAINING TO THE RECREATION ENTERPRISE FUND ADVISORY BOARD. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Chapter 2.37, Salt Lake City Code, pertaining to the Recreation Advisory Board, and Chapter 2.38, Salt Lake City Code, pertaining to the Golf Advisory Board, be, and the same hereby are, repealed. SECTION 2. That Chapter 2.37, Salt Lake City Code, pertaining to the Recreation Enterprise Fund Advisory Board, be, and the same hereby is, re-enacted to read as follows: Chapter 2.37 RECREATION ENTERPRISE FUND ADVISORY BOARD Sections: 2.37.010 Purpose. 2.37.020 Definitions. 2.37.030 Board created. 2.37.040 Appointment of members. 2.37.050 Removal from office. 2.37.060 Members' ethics. 2.37.070 Eligibility for membership. 2.37.080 Meetings. 2.37.090 Election of officers. 2.37.100 Review of action --Powers of mayor. 2.37.110 Committees. 2.37.120 Powers and duties. 2.37.130 Attorney --Engineer. 1 2.37.010 Purpose. A. The Mayor and the Salt Lake City council, hereinafter city council, declare it to be a policy of the city that the city be a provider of recreational services and programs in Salt Lake City, under the direction of the recreation division of the Salt Lake City department of public services. The division shall coordinate all recreational services which are operationally funded by the city's Recreation Enterprise Fund. In addition, the division will cooperate with and supplement other entities providing recreation, including but not limited to Salt Lake City school district, Salt Lake County, and religious and civic organizations in providing these services and programs. B. The recreation division may provide the following services, among others, in Salt Lake City: 1. Golf. Direct, operate, and maintain all golf courses owned by Salt Lake City. 2. Community Events. Activities which introduce recreation offerings to the public and promote community unity and involvement. Such activities include special events, festivals, sporting events, youth activities and the Corporate Games. 3. Glendale Youth Recreation Center. Direct, operate, program and maintain the Glendale Youth Recreation Center. Coordinate with the Glendale community in providing services and programs. 2 4. Sports. Activities which facilitate competition among participants, including programs, leagues, clinics, tournaments and events. Coordinate the reservations of all athletic fields owned by Salt Lake City. Supervise the Children's Garden, Liberty Park Tennis Center and Dee Smith Tennis Center. 5. Steiner Aquatic Center. Direct, operate, program and maintain the Steiner Aquatic Center. Coordinate with the Salt Lake City School District on the use of the Steiner Aquatic Center for high school swimming programs. C. This chapter is enacted and intended for the purpose of establishing a Salt Lake City recreation enterprise fund advisory board for the general purpose of establishing criteria and guidelines for assessing the city's recreational and program needs, and to recommend recreational priorities, as well as to monitor any joint recreational agreements between the city and other entities. The more specific powers and duties of the board shall be as set forth in Section 2.37.120 of this chapter, or its successor. 2.37.020 Definitions. A. "Board" means the Salt Lake City Recreation Enterprise Fund Advisory Board created under this chapter. B. "Council" means the Salt Lake City council. C. "City" means and refers to Salt Lake City, a municipal corporation of the state of Utah. D. "Director of the department of public services" means a person appointed by the mayor with the advice and consent of the 3 council who is duly qualified and acting head of the department of public services. E. "Fund" or "Recreation Enterprise Fund" means the Recreation Enterprise Fund referred to in Chapter 15.21 or its successor chapter. F. "Mayor" means the duly elected or appointed, and qualified mayor of Salt Lake City. G. "Member" means a person appointed by the mayor who is duly qualified and an acting, voting member of the board. H. "Person" means an individual. I. "Recreation director" means a person appointed by the director of the department of public services to serve as the director of the division of recreation within the department of public services. 2.37.030 Board created. There is created the Salt Lake City recreation enterprise fund advisory board, hereinafter referred to as "board", which body shall consist of nine appointed voting members. The mayor, the recreation director, the city attorney, the city engineer, and a representative of the Salt Lake City School District shall be ex-officio non -voting members. 2.37.040 Appointment of members --Oath of office. All appointments of members of the recreation enterprise fund advisory board shall be made by the mayor with the advice and consent of the city council. In making initial appointments, the mayor shall, with the advice and consent of the council, 4 designate three members to serve two years, three members to serve three years, and three 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 January. 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 63-30-1, et seq. (1953) as amended, or successor sections. Vacancies occurring in the membership of the board shall be filled by appointment by the mayor with the advice and consent of the city council for the unexpired term. 2.37.050 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. 2.37.060 Members' ethics. Members shall be subject to and bound by the provisions of the city's conflict of interest ordinance, Chapter 2.44 of this code, or its successor. Any violations of the provisions of said chapter, or its successor, shall be grounds for removal from office. 2.37.070 Eligibility for membership. A person, to be eligible to be appointed as a member of the 5 board, shall meet the following prerequisites: A. Be not less than twenty-one years of age; B. Be a resident of the state of Utah and of Salt Lake City; C. No person shall be eligible to serve on the board as a member while actively engaged or employed in any commercial recreational venture. 2.37.080 Meetings. A. The board shall convene for regular meetings to be held not less than monthly throughout the year. To the extent that the meetings of the board are governed by Chapter 4 of Title 52, Utah Code Annotated, 1953 as amended, or its successor, said meetings shall be conducted in compliance with said state law. Special meetings may be called by a majority of the board, the chairperson, or the mayor. The call 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. Meetings shall be held at the Parks & Recreation building, or at such other public place as may be designated by the board. Six members of the board shall constitute a quorum for the transaction of business. The board may act officially by an affirmative vote of any six of the members. B. The board shall cause a written record of its 6 proceedings to be kept which shall be available for public inspection in the office of the city recorder. The board shall record the yea and nay votes on any action taken by it. C. The board shall adopt a system of rules of procedure under which its meetings are to be held. The board may suspend the rules and procedures 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 suspension of the rules occurs. 2.37.090 Election of officers. Each year the board at its first regular meeting after the third Monday in January 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 disability of the chairperson. No member shall serve more than two consecutive terms as chairperson. The recreation director shall make available a secretary to the board when required. 2.37.100 Review of action --Powers of mayor. All actions taken by the board shall constitute recommendations to the recreation director and shall not constitute official action. The mayor shall have the power to review, ratify, modify or disregard any recommendation submitted by the board, or refer the matter to the city council, if appropriate. No action shall be implemented until the board is notified in writing that is has been ratified by the mayor, or, if referred to the council, that the council has adopted an 7 ordinance implementing the recommendation of the board, or that the recommendation was modified and adopted by the mayor or council, as appropriate, and in such event it shall be implemented as modified. 2.37.110 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. In the event the board desires non -board members to serve on such a committee, the board may request the recreation director to make such appointments. Members of such committees shall also serve without compensation. 2.37.120 Powers and duties. The board shall have the following powers and duties except with respect to the John W. Gallivan Utah Center: A. 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 regulations shall not be in conflict with this chapter or its successor, or other city, state or federal law; B. Recommend the adoption and alteration of all rules, regulations and ordinances which it shall from time to time deem in the public interest and most likely to advance, enhance, foster and promote recreational activities, for the conduct the business or, and the use and operation of recreational facilities within Salt Lake City and for the purposes of carrying out the objects of this chapter, provided, however, that such 8 of rules and regulations shall not be in conflict with this chapter or its successor, or other city, state or federal law; C. Recommend planning, establishment and approval of all construction and expansion projects for city recreational programs and facilities. The approval required in this section shall be in addition to all other approval of other city departments required by law or city policy; D. Recommend broad matters of policy regarding the operation and management of city recreational programs and facilities, which may include, but need not be limited to, the following: 1. Expansion of city recreational facilities. 2. Timing of such expansion. 3. Establishing rate structures for services or facilities furnished by city recreational facilities 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 city recreational facilities. 4. Determination of the number or type of concessionaires, services, or facilities at city recreational facilities. E. Review and make recommendations annually on the budget for the division of recreation within the department of public services; F. Assist the recreation director in the continuing orderly development and promotion of city recreational facilities in order to best serve the citizens of Salt Lake City. 9 2.37.130 Attorney --Engineer. The city attorney and the city engineer shall be the attorney and engineer, respectively, for the board. SECTION 3. This ordinance shall take effect immediately upon the date of its first publication «4 m-,l k.. t es.ft..e-r-be-. v a142pele-d---wi-t-h-t-h�� _Sal .-.aak - ur y.- Re-Qorde-r Passed by the City Council of Salt Lake City, Utah, this 2nd day of August Y RE Chief Deputy Transmitted to the Mayor on August 9, 1994 , 1994. CHAIRPERSON Mayor's Action: XX Approve. ed : August 17, 1994 LVS:le 1/6/94 MAYOR 6G:\ORDINA94\RECREAT ENTERPR FUND ADVIS BOARD 10 Vetoed. APPROVED AS '10 FORM Se13 Lake ciityy, Altorney's Office i /