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Home My WebLink About1953-07-07; City Council; 1025; Park, Recreation, Beach & Tree Commission createdORDINANCE NO. 1025 -1 AN OIwINfiHCE: GF THE CITY OF C.lU3LSRm CmATING A PARK, RXXEATION, BEACH AND TRZE COMK'ISSION FOR THE CITY OF CmSBB; ORGBMIZATION TEmOF, 3 PROVIDING FOR THE ,-- The City Council of the City of Carlsbad does ordain as follows: SECTION 1, PARK, REC,WATIGN, BEACH AXD TREE COI'.IP;IISSION CREATED. A Park, Recreation, Beach and Tree Commission for the City of Carlsbad is hereby created, SECTION 2, MEHBERS. Said Park, Recregttion, Beach and Tree Commission shall conmist of seven (7) members, who may be persons who hold an offlce or a position with the City; providing, however, that the number of members of such Commission who are not officials of the City shali exceed the number of members who may be officers or eaployees of such City, Aembers are to be appointed. by the Mayor and shall be approved by the City Council of the City of Carlsbad. Of t-he members of the Commission first appointed hereunder, one shall be for a term of four (4;) years, two shall be for a tem of three (3) years, two shall be for a term of two (2) years, and two shall be appointed for a term of one (1) year. 'Their successofs shall be appointed for the terms of four (4) years, If vacancies shall occur otherwise than by expiration of the term, they shall be filled in the same fashion as the original menbers were appainted, SECTION 3, CHAIRPIAX OF TiE PARK, BECBEATfON, BEACH aPIiD TRZE C0R"S- SION, The appointed members of the Commission shall elect their own chairman, who shall presid-e at all meetings. The chairman, as elected by the Commission, shall. hold office for a term of one year from and after his date of election, Thereafter, successive elections shall elect a new chairman at each succeeding year, One chairman may serve for more than one successive term. SECTION 4, TlfEETINGS, Said Commission shall meet at such time or times as they may in their discretion see fit, provided that such meet- ings be held at least once each month, The majority of sald appointed members shall constitute a quorum for the purpose of transacting the business of said Commission, SECTION 5. SECREYFARY. Said Co-mission shall elect from its members a secretary to recozld the minutes of said Commission meetings, SECTION 6, COMPl3NSATION . Said Commission shall act as such without any compensation . , SECTION 7, Dbi, The Commission shall have the power, md it shall be the duty of said Commission, to ma.ke recormendations to the City Council and to advise mi8 Council in matters pertaining to the creation, operation, maintenance , management and control of community recreation programs, of playgrounds and indoor and outdoor recreations, activities and facilities; further it shall be the duty of said Commission to advise and make recom- mendations to the City Council of matters pertaining to planting, trimming, pruning, and care of all. trees, shrubs or plants and to the removal of all objectionable trees, shrubs and plants in and upon any street, park, pleasure ground, boulevard, alley, or public place of the City of Carlsbad. SECTION 8, JURISDICTION OVER PUBLIC P-4RKS AND PWG~CUNDS, The public parks aad playgrounds of the City of Carlsbad now in existance, and those which may hereafter be established, aEd all present park buildings and those which may be installed hereafter, with all playground fixtures, avld the trees upon the public streets of Czrlsbad, shall hereby be placed under the direct supervision and control of the Park, Recreation, Beach and Tree Commission, and said Commission shall have the power to make and alter, from time to time, all lega.1 rules and regulatio maintenance of ordep, safety and decency in said parks a.nd playgrounds, 1 :. b and shall supervfse the expenditures of such funds as may be appropriated by the City Council for that purpose. 8 -2- SECTIOM 9, POWZRS, The Park, Recreation, Beach and Tree Commission shall have the power to equip, operate, supervise and maintain playgrounds, athletic fields, swimming pools, swiming centers, indoor recreation centers, auditoriums, ana/or other park or recreational facilities on OF in any public grounas or buildings tn or about the City, which the Commis- sion may from time to time acquire, provide, authorize, and designate for such use, su,bject to the approval of the City Council, shall further have the power to adopt rules and regula-tions pertainwg to the cutting, trimming, pruning, planting, removal, or interference with any tree, shrub or plant upon any street, park, pleasure ground-, boulevard, alley OP public place of the City of Carlsbad, Said Conrnission S3CTION 10. ACQUISITTOn'S A, Funds, Said Commissfon is authorized to and may receive dona- ~ tlons, gifts, legacies, endowments and/or bequests made to the City or to the Commission for or in behalf of the City for the acquisition of pazlk an6 recreation facilities and- the construction, maintenance and opera- tion of any or the foregoing facilities, sub3ect to the approval of t-he City Council, B,. Gifts Paid To Treasurerr All donations, gifts, legacies, enao~v- ments and/or bequests so received by said Comrnission shall be turned over to the City Tmasurer of the City of Carlsbad, aod shall be kept in a special funct to be 6esignated as the Park, Recreation, Beach and Tree Fund. C, Park, Recreation, Beach and Tree Fund. The City Council of the City of Carlsbad shall establish a fund. to be known 8,s the Park, Recrea- tion, Beach and Tree Fund, this fund all fees or moneys received by the Commission, including the proceeds from all gifts, legacies or bequests as set foyth in Sub-section There shall be deposited to and expended from rrBti immediately above', and including the proceeds of other sources managed or controlled by the Commission a.nd derive6 by it in connection wikh the operation of the public recreational activities and fac'ilities . ", under its jurisdiction, All moneys in sard fund shall be used for the ~X~daJ>/TFtil, / -3- promotion, supervision and operation of public recreation, acd not otherwise, and if not used during any current year shall accumulate in said Pa.rk, Recreation, f3each and Tree Fund. SECTION 11. BUDGET, Saill Comrnission shall submit a budget for required funds to the City Council on or before the 30th day of- June 6 of each year. SBCTXON 12, ADVISORY CAPACITY. Nothing in this Ordinance shall be construed as restricting or curtailing any of the powers of the City Council, or as a de7,ega.tion to said Commission of any of the authority or d-iscretionary powers vested an6 imposed by law in the city council, The City Council hereby declares that the public interest, convenience and welfare require the appointment of a Park, Recreation, Beach md Tree Commission to act in a purely aavfsog. capacity to said- City Council for the purposes erLumerated. Commission to adopt rules and regulations shall not be construed as a delegation of legislative authority but purely a delegation of adminis- tra'cive authority. Any power herein delegated to said SECTION 13, SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invz;Lld or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Grdinance, The City Cou.ncil of the City of Carlsbad hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared imalid or unconstitutional. SECTION 14, EFFECTIVE DATE. This Ordinance shall take effect and be in force on the thirty-first day from and after its date of final adopt ion, -4- SECTXON 15, PUBLICATIOM. The City Clerk of the City of Carlsbad is hereby directed to cause this Ordinance to be published once in the Carlsbad a newspaper published and of general circulation in said City of Carlsbad, First read at a regular meeting of the City Council. of said Cfty held on the 16th day of June P 1953, and finally adopted and ordered published at a. regular meeting of said Coun.ci1 held on the Mayor of the City of Carlsbad, California -5-