APPENDIX A – CHARTER ORDINANCESAPPENDIX A – CHARTER ORDINANCES\CHARTER ORDINANCE NO. 5

A CHARTER ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A RECREATION COMMISSION FOR THE CITY OF AUBURN, KANSAS; THE  APPOINTMENT OF MEMBERS THEREOF; PRESCRIBING THE TERMS OF MEMBERS AND DEFINING DUTIES AND POWERS OF SAID COMMISSION; PROVIDING FOR FUNDING FROM THE CITY AND OTHER SOURCES; AND EXEMPTING THE CITY OF AUBURN, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-1922 THROUGH 12-1934 AS AMENDED, RELATING TO THE  ESTABLISHMENT OF RECREATION SYSTEMS WITHIN A CITY.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF AUBURN, KANSAS:

SECTION 1. Creation of a Recreation Commission. There is hereby created a Recreation Commission for the City of Auburn, Kansas which shall be known as the "Auburn Parks Commission.

SECTION 2. Appointment of Members and Terms. The Auburn Parks Commission shall consist of three (3) members, whom shall be residents within the City of Auburn, to be appointed as follows: All three (3) members shall be appointed by the Mayor and confirmed by the City Council with the first appointee to serve four (4) years, the second appointee to serve three (3) years and the third appointee to serve two (2) years. Thereafter members of said Commission shall be selected in the same manner as the member he or she is succeeding and the term of each shall be four (4) years. In the case of an appointment to fill a vacancy in an • unexpired term the appointment shall be for the remainder of the unexpired term. The initial appointments shall be made at the first City meeting subsequent to the passage of this Ordinance. Succeeding Commission members shall be appointed at the meeting of the governing body of the City where other City officers are appointed.

SECTION 3. Commission Powers. The Auburn Parks Commission is hereby empowered to acquire and maintain equipment, land, buildings or other recreational facilities and make capital improvements to any property acquired. Any such property acquired shall be considered the property of the City of Auburn and shall be insured by the City at its expense. The Commission is empowered to receive any gift or donation from any source, and has the power to apply, receive, accept and administer any money appropriated or granted to it by the state or federal government, or any agency thereof. The Commission is also empowered to operate, use, control, maintain and improve City property for the purposes of the recreational use of City property. However, the Commission is bound by funds budgeted for the use of the public recreation system for the City of Auburn and may not take action that exceeds funds budgeted. The Commission is not empowered to incur debt or otherwise bind the City of Auburn to any monetary obligation, lease or contract without the prior approval of the City. The Commission shall be subject to audit by agents of the City at the City's discretion. The budget of the Commission shall be part of the City's annual budget process and is hereby excepted from the process outlined in K.S.A. §12-1927.

SECTION 4. Funding. Funding of expenses of operation of the Auburn Parks Commission shall be derived as necessary from the general fund of the City of Auburn as a normal city government function. The City is also authorized to receive and utilize such funds as are determined by and contributed to the City for Recreation Commission purposes from any party, either private or governmental. The City is further authorized to accept and utilize funds and in-kind contributions for recreation purposes from organizations and individuals within the community.

SECTION 5. Recreation Commission Duties. The Auburn Parks Commission so appointed shall organize and coordinate recreational activities as it deems necessary to meet the needs of the community. Participation in recreational activities shall not be limited to residents of the City of Auburn and may include residents of other cities or other counties and rural residents within Shawnee County and other counties. Participation fees, if established by the Recreation Commission, shall, insofar as the residence of the participant is concerned, be uniform among all participants. The Commission's responsibilities are intended to maximize utilization of all city facilities and utilization of any other facilities available from school, church and private sources. The Commission shall interact with and assist in coordination of recreation with other organizations within the community.

SECTION 6. Officers of Recreation Commission. The Commission members shall appoint a chairman and secretary each year. The Chairman or Secretary shall report attendance of members for each regularly scheduled and special meeting. In addition to the regularly scheduled meetings, the Recreation Commission shall meet on call and as frequently as deemed necessary to adequately respond to its duties and responsibilities. Minutes shall be kept of all meetings by the Secretary of the Commission and a copy shall be filed and maintained in the office of the City Clerk.

SECTION 7. Exemption from K.S.A. §12-1922 through §12-1934. The City hereby exempts itself from the provisions of K.S.A. §12-1922 through §12-1934, and as the same may be amended.

(11-05-2018)