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ORD1965007I a 1- I AN ORDl NANCE TO PROVIDE FOR THE ESTABLISHMENT, ORGANIZATION AND FUNCTIONS Of' A PARK AND RECREATION BOARD FOR THE CITY OF MUSKEGO. WISCONSIN, AND TO DEFINE THE~hERS AND DUT I ES OF .THE BOARD. The Common Council of the City of Muskego, Wisconsin, do ordain as fol lows: Recreation Board which shall have the control and management of public parks, recreational property and recreation activities for the city of Muskego, Wisconsin. The members of said board are to receive no compensation for their service:; on said board. The board shall be powers granted herein all of the powers granted unto city park boards known as the Park and Recreation Board and shall have in addition to the under Chapter 27 of the laws 01: the State of Wisconsin, as applicable. Section 1. There is hereby created and established a Park and Sect ion 2. There shal I bt? seven (7) voting members of the Board who sha I I b upon the passage of this ordinnnce. Thereafter on the 3rd Tuesday of e appointed by the Mayor and confirmed by the Common Council April each year or as soon thereafter as possible members shall be of the year of their appointment and their term of office shall expire appointed and their term of office shall commence on the 1st day of May on the 30th day of April of the last year of their term of office. One of the members of the board shall be a member of the Common Council of the City of Muskego and one member of the board shall be an employee a citizen, qualified voter and property owner of the City of Muskego at of a school district located in the City. Each of the members shall be the time of his or her appointment to said board. The first citizen member so appointed shall hold office for one (1) year. The second citizen member so appointed shall hold office for two (2) years. The The fourth citizen member so appointed shall hold office for four (4) third citizen member so appoin-ted shall hold office for three (3) years. years. The fifth citizen member shall hold office for five (5) years. The sixth member appointed shall be the school district employee and on the 3rd Tuesday of April or as soon thereafter as possible in the shall hold office for two (2) 'years and his appointment shall be made even numbered years. The seventh member appointed shall be the council member and shall hold office for one (1) year and shall be appointed on the 3rd Tuesday of April or as soon thereafter as possible annually and thereafter each appointee shall hold office for a period of five (51 years except the term of the school district employee member of said board shall be a term of two (2) years and the council member on said board shal I be a term of one ( I ) year. Each member so appointed sha I I hold office until his or her successor is appointed and qualifies. Section 3. The City Clerk shall give each appointee written notice of his appointment and confirmation and name, the time and place for the members of the board shall meet and the board shall orqanize and elect first meeting to be held by the board subsequent to the appointment. The ~ - ~ from its members a president, vice-president and secretary. Section 4. The officers of the Park and Recreation Board shall be the president, vice-president and secretary and shall be elected from the seven (7) voting members cf the board and shall be elected by a officers shal I be elected annually at the first regular meeting in the majority vote of the board and shal I serve for one ( I ) year. The meetings of the board and in t,is absence the vice-president shall preside. month of May. The president csf the said board shall preside at the The secretary shall provide for the minutes of said meeting. The board members of the board shall constitute a quorum for the transaction of may appoint such other officers as they deem necessary. Four (4) voting business and all officers shall be elected upon the vote by a majority of those present and voting. .. '0 ,. 1. -2- Section 5. The member of the board appointed from the members of the Common Council shall hold office only so long as he or she shall be a member of the Common Council and the member of the board appointed from the school district shall hold office only so long as he or she shall be an employee of said district. Section 6. All vacancies on the board created by resignation or otherwise shall be fllled by appointment by the Mayor and contirmed by the Council and the appantee shall take office upon the said election of. said appointee and shall serve the balance of the term of the member whom the appointee replaced. Section 7. The board shall hold meetings at least once a month at a regularly scheduled place and time and at such other times as may be determined to be necessary in the judgment of the president or upon application to the president by three (3) members and notice of each special meeting shall be given to the members personally or left at their usual place of abode at least six (6) hours prior to time of the meeting unless the member shall specifically waive notice in writing or by actual attendance. The board may make such other by-laws and regulations for the government of the board not inconsistent with this ordinance as it may deem neces,sary. shall be transferred as of the effective date of this ordinance from Park Section 8. All monies and balances in operating and outlay accounts accounts and Recreation accounts to corresponding new accounts entitled Park and recreation Board outlay accounts and Park and Recreation Board operating accounts and this shall be deemed to be the budget for the Park and Recreation Board for the balance of the year 1965. Section 9. The Park and Recreation Board is empowered and directed: (A). To govern, manage, control, improve and care for all ." municipally owned public parks, parkways, and public recceational property of the City of Muskego, and secure the quiet, orderly and suitable use and located within or partly within and partly without, the corporate limits enjoyment thereof by the people; also to adopt rules and regulations to promote those purposes. pleasure drive, or public recreational purposes by gift, devise, bequest or condemnation, either absolutely or in trust, money, real or personal money or other property, real or personal, either absolutely or in trust, property, or any incorporeal right or privilege. Gifts to the City of purposes shall be accepted only after they shall have been recommended for park, parkway, boulevard, pleasure dpives or public recreational by the board to the Common Council and approved by said Council by Resolution, Subject to the approval of the Common Councij the board may execute every trust imposed upon the use of property rights by deed, testament or other conveyance, transferring the title of such property to the City for park, parkway, boulevard, pleasure drive or public recre- ational purposes. (B). To acquire in the rlame of the City for park, parkway, boulevard, (C). Subject to the approval of the Common Council to buy or lease lands in the name of the City for park, parkway, boulevard or pleasure drive purposes or public recreational purposes within or without the City and, with the approval of the Common Council, to sell or exchange property no longer required for its purposes. pleasure drives within the City limits, controlled by the board, at the (0). To change or improve all parks, parkways, boulevards or expense of the real estate to be benefited thereby, as provided in s. 27.10 (4). the care and management of the Park and Recreational Board and shall be under the charge of the Board of Public Works. (E). That boulevards and pleasure drives shall be excluded from public parks and pay the experlses thereof out of its funds. A fee Section IO. The board may conduct public concerts within its for adm-ission may- be charged for the purpose of defraying such expenses activities as may be deemed advisable by the board. In whole or in part. A fee may be charged for such other recreational municipal employee to take charge of and direct, subject to Its supervision and control, the following work: Section Ii. The board may employ a city forester or designate a (A). The board is empowered to plant, transplant, remove, trim, spray and otherwise care for and protect all trees and shrubs on or in that part of every street the grade of which has been established boulevards or parkways and in all public parks or grounds belonging to lying between the lot line and the curb or in the center or side plots in an) the City and to control all such planting and transporting by others. The board may guard all trees within the City so as to prevent the spread of disease or pests and to eliminate dangerous conditions. (B). Whenever the board proposes the setting out, planting or removing of any such living shade tree, it shall glve two weeks written notice to the owner of the lot: or parcellof land on which such tree a tenant occupying said property, then to such tenant,of a time and stands or will stand, or his agent, or, if neither is known and there be place at which sald contemp1at;ed work will be considered by the city portion thereof, upon or from which trees are proposed to be planted or forester, specifying in detail the street, avenue or boulevard and removed, and the general nature and character of the changes and improve- ments contemplated. If the property owner objects he may apply to the this provision of this ordinance. After such hearing, the Park and Park and Recreation Board for a hearing and the notice shall incorporate or proceed with it as the best: interest of the public requires. Recreation Board shall direct the city forester, to abandon said work (C). When in the judgment of the Park and Recreation Board the entire or an,y part of the cost: of protecting, trimming, spraying, planting, renewing and removal of trees and shrubs between the lot line and the curb in front of any lot or parcel of land abutting on a street, parcels of land, the governinq body shall hold a public hearing on the avenue or boulevard may be chargeable to and assessed upon such lot or proposed assessment, and shall glve ten (IO) days advance notice thereof by one publication in the official newspaper. (Dl. The board shall keep a strict account of the cost of planting, protecting, renewing, removinq, trimming, spraying and caring for trees and shrubs in front of each lot or parcel of land abutting on any street, avenue, or boulevard, and pricr to the tenth day of November in each year, shall make a report to t.he comptroller of all work done for which assessments have been made as hereinbefore provided stating and certifying the description of land, lots, parts of lots or parcels of land abutting on a street, avenue or boulevard in which any such work shall have been done, and the amount chargeable to each such piece of property; and the comptroller at the time of mak:ing his annual report to the Common Council of the lots or parcels of land subject to special assessments shall Park and Recreation Board with the amount chargeable thereto for work include therein the lots or pe,rceis of land so reported to him by the done during the preceeding year. (E). The amounts so reported directly or through a comptroller to the Council shall be levied on said lots or parcels of land, thereon and shall be collected as other special taxes are levied and respectively, to which they are chargeable and shall constitute a lien collected in the City. The board shall advance out of the Park and Recreation Board funds or other proper funds sufficient money for doing of said City and shall not be diverted or used for any other purpose. said work and said special assessments shall be credited to said funds " 4 " Section 12. The Park and Recreation Board shall annually prepare a budget of the needs of the department for the ensuing year as set forth in this section. The Common Council shall annually appropriate to the Park and Recreation Board such money as it deems necessary for the operation of the department. Such money together with funds derived derived from earnings, fees, admissions and other charges shall be from joint sponsorship, bequests, legacies and such income as shall be deposited in the Park and Recreation outlay account and such account shall be used only for the functions of the department and shall be disbursed as herein set forth in this section. estimate of the expenditures of the said board during the ensuing calendar year including all necessary incidental expenses and also an parkways, boulevards and pleasure drives and transmit the said budget to estimate of the amount necessary for the purchase of land for parks, the Common Council. The board shall adopt as its budget for the year the joint action of the Park Board and Recreation Board. Said parts of 1965 the budget adopted by the Common Council on the recommendation of budget. Said board shall transmit to the Common Council prior to such estimates as the council shall approve shall be included in the City March I of each year a full detailed report of all its transactions for the preceeding year together with an itemized account of a1 I receipts and expenditures, a list of employees, and an inventory of property in charge of the board. (A). Prior to October I in each year the board shall make an (B). All monies appropriated for park and recreation purposes, or received by subscription, gift, fees or otherwise for parks, parkways, boulevards or pleasure drives, shall be paid over to the City Treasurer and be disbursed by order of the City Clerk drawn upon the City Treasurer to pay accounts or bills that have been audited and allowed by said board and presented to the City Clerk. Such orders shall be paid by the clerk and treasurer in the manner provided by Section 66.042 of the Statutes of the State of Wisconsin. The board shall not contract any liability on the part of t'ie.City in excess of the budget authorized by the Common Council except ul3on application to and approval by the Common Council. Section 13. The board z& provide a year-round recreational program for chlldren, young people, men and women in all walks of I ife; offer leadership in coordinating and correlating all recreational activities to the maximum benefit of the citizens of Muskego and to cooperate and coordinate the building of the total community park and organizdions concerned with public welfare, education and family relations, recreational program into and ,3round other public and private fry Section 14. The Park and Recreation Board shall fix the compensation of all employees of said board who may be entitled to compensation. The administrative staff of the board shall, after the original appointment is approved, consist of a director of parks and the Common Council, and such other employees as shall be deemed recreation appointed by the Park and Recreation Board and approved by necessary. -TMtreekvr-=Pm on vp ~~y~?he"nbao~%a~eb~ i tzdqfn I y upon the recommendation of the director of parks and recreation who shall serve as the chief administratiive officer of the board. The director shall be responsible to the board for the operation of the department and for the proper discharge 01' their duties by a1 I employees. .. ~ .. "te Section 15. The board shall assume the duties, responsibilities and a-conferred by this ordinance from and after the first day of /, 1965. - .Y -5- Section 16. All applicable sections of Chapter 27 of the laws of the State of Wisconsin,applicable to the government and management of the board of park cornrnlsslons except such sections as are in conflict with thi's ordinance are hereby adopted by reference. Section 17. All ordinances inconsistent with or contravening the . -.r provlslbns of this ordinance are hereby repealed. Section 18. This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND ADOPTED by a vote of '7 in favor and - "- opposed, this 7 day of ''U d 1965. Attest: