The Recreation Commission for the City of Carbondale, Kansas, continues to maintain and conduct recreation facilities and programs within the city. Such facilities shall initially include the city pool, the city playgrounds and athletic fields and related buildings and facilities. The programs shall initially include swimming programs, baseball, football, basketball and volleyball. The Recreation Commission shall be organized and governed pursuant to K.S.A. 12-1926 through K.S.A. 12-1935.
(C.O. No. 4; Code 2014)
(a) The recreation commission shall consist of five members to be appointed as follows: The governing body of the city shall appoint five persons, four of whom must be residents of the taxing district, and the fifth to be a resident of Osage County, to serve as members of the recreation commission. The first and fifth appointees to serve four years, the second for three years, the third for two years, and the fourth to serve one year. These five appointees shall constitute the recreation commission. Thereafter the members of the commission shall be selected in the same manner as the member such person is succeeding and the term of office of each shall be four years. Any member of the recreation commission may be removed from the commission, by the appointing authority, for any cause which would justify removal of an appointive office of the city.
(b) Except for members first appointed to the commission, all commissioners not filling a vacancy shall hold office for a term of four years and until their successors are appointed and qualified. Whenever a vacancy occurs in the membership of the commission, a successor shall be selected to fill such vacancy in the same manner as and for the unexpired terms of the member such person is succeeding.
(Code 2014)
The members of the recreation commission shall annually elect one of its members to serve as the chairperson, secretary and treasurer. The treasurer of the recreation commission shall keep an accurate record of all money and property received and disbursed and shall make a report thereof monthly to the commission, or as often as the commission requires. The commissioners are hereby empowered to administer in all respects the business and affairs of the recreation system. Members of the commission and the treasurer of the commission shall serve without compensation.
(Code 2014; Ord. 527)
(a) The recreation commission shall prepare an annual budget for the operation of the recreation system. Prior to the certification of its budget to the city, the recreation commission shall meet for the purpose of answering and hearing objections of taxpayers relating to the proposed budget and for the purpose of considering amendments to such proposed budget. The recreation commission shall give at least 10 days’ notice of the time and place of the meeting by publication in a weekly or daily newspaper having a general circulation in the taxing district. Such notice shall include the proposed budget and shall set out all essential items in the budget except such groupings as designated by the director of accounts and reports on a special publication form prescribed by the director of accounts and reports and furnished with the regular budget form. The public hearing required to be held herein shall be held not less than 10 days prior to the date on which the recreation commission is required to certify its budget to the city. After such hearing the budget shall be adopted or amended and adopted by the recreation commission.
(b) In order to provide funds to carry out the provisions of this act and to pay a portion of the principal and interest on bonds issued pursuant to K.S.A. 12-1774, and amendments thereto, the recreation commission shall annually, not later than August 1 of any year, certify its budget to such city which shall levy a tax sufficient to raise the amount required by such budget on all the taxable tangible property within the taxing district. Each year a copy of the budget shall be filed with the city and county clerks. The city shall not be required to levy a tax in excess of the maximum tax levy set by the city by current resolution, now 4 mills, the maximum levy allowed pursuant to K.S.A. 12-1927(a).
(c) At any time after the making of the first tax levy, such tax levy may be reduced by a majority of the voters of the taxing district voting at an election called pursuant to a petition requesting an election signed by at least 5% of the qualified voters of the taxing district is filed with the county election officer within 30 days following the date of the last publication of the budget. If the petition submitted is for the purpose of reducing the mill levy, it shall state the mill levy reduction desired. Upon revocation, all property and money belonging to the recreation commission shall become the property of the taxing authority levying the tax for the commission and the recreation commission shall be dissolved. In the event the authority of a recreation commission is revoked pursuant to this subsection, the taxing authority may continue to levy a tax in the manner prescribed by the petition language for the purpose of paying any outstanding obligations of the recreation commission which exist on the date such authority is revoked. The authority to levy a tax for this purpose shall continue only as long as such outstanding obligations exist. If the recreation district whose authority is revoked owns any real property at the time of such revocation, title to such real property shall revert to the taxing authority.
(d) All financial records of the recreation commission shall be audited as provided in K.S.A. 75-1122 and amendments thereto, and a copy of such annual audit report shall be filed with the governing body of the city. A copy of such audit also shall be filed with the county clerk of the county in which the recreation system is located. The costs of the audit shall be borne by the recreation commission.
(Code 2014)
The recreation commission shall have the following powers and duties:
(a) Make and adopt rules and regulations for the operation of the recreation system;
(b) Conduct the activities of the recreation system on any property under its custody and management, or, with proper consent, on any other public property and upon private property with the consent of the owners;
(c) Receive any gift or donation from any source;
(d) Receive, accept and administer any money appropriated or granted to it by the state or federal government or any agency thereof;
(e) Purchase insurance pursuant to K.S.A. 75-6111 and K.S.A. 12-1774 and amendments thereto;
(f) Sue or be sued;
(g) Enter contracts;
(h) Enter lease agreements for real and personal property. The term of any such lease shall not exceed 10 years. Any such lease agreement shall be subject to the approval of the city to which the recreation commission certifies its budget;
(i) Employ employees which may be necessary for proper operation of the recreation system;
(j) Establish a petty cash fund which shall not exceed $1,000 at any one time;
(k) Acquire title to personal property by purchase, bequest, gift, or other donation and acquire title to real property by devise, gift or other donation. Whenever property owned by a recreation commission is sold, the proceeds shall be used for recreation purposes;
(l) Make improvements for recreation systems purposes, and;
(m) Perform any other acts necessary to carry out the provision of this act.
(Code 2014)