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17927-XQ P • h o �1 r 1 2 3 4 a+ 5 N 1� ent6 O� r w� ^ylna +It) �9 O 10 A 11 b 12 a 13 " 14 ORDINANCE NO. 17,927 -x AN ORDINANCE TO PROVIDE THAT THE PARKS & RECREATION SYSTEM WILL CONSIST OF A PARKS & RECREATION DEPARTMENT AND A ZOO DEPARTMENT; TO CREATE THE ZOO DEPARTMENT; TO CREATE A ZOO BOARD OF GOVERNORS; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the City of Little Rock currently maintains an efficient parks and recreation system which includes, among other things, parks, open space, athletic fields, tennis facilities, swimming pools, a zoological museum, fitness centers, golf courses, senior adult centers, and other facilities, E 48 15 WHEREAS, the City has maintained its zoological museum as a part of the 16 Department of Parks & Recreation, and 17 WHEREAS, the Board of Directors recognizes and endorses the need for a quality is zoo that serves as an educational and recreational facility for the benefit of City citizens 19 and visitors, and 20 WHEREAS, the Board also recognizes the need for a facility that protects the zoo 21 collection and grounds, and 22 WHEREAS, the zoo recently lost its U.S. Department of Agriculture exhibitor's 23 license temporarily, and has lost its accreditation from the American Aquarium and 24 Zoological Association, and 25 WHEREAS, as a result of these events the Mayor appointed a task force to study 26 problems at the zoo and to make recommendations for the solution of any problems 27 found to exist, and - 1 - (Assigned duplicate number in error.), 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 • WHEREAS, this task force believes that a new organizational structure for the zoo must be in place which is consistent with the covenants contained in bond 49 documents for the recent 1998 Parks & Recreation bond issue, and WHEREAS, this task force has now decided upon a recommendation for the Board of Directors, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. Statement of Policy. The City of Little Rock shall maintain an efficient parks and recreation system which, among other things, shall include parks, open space, athletic fields, tennis facilities, swimming pools, a zoological museum, fitness centers, golf courses, senior adults centers, and other facilities dedicated to enhancing the quality of life for the citizens and visitors to the City. The operation of these programs, and the maintenance of these facilities, shall be assigned to two City departments: A Parks & Recreation Department, with supervisory authority for the operation and maintenance of the facilities and programs of the parks and recreation system other than the zoo; A Zoo Department, with supervisory authority for the operation and maintenance of the facilities and programs at the Little Rock Zoo. 18 Section 2. Zoo Department. The Zoo Department shall be a separate 19 department of the City with a department head known as the Director of the Zoo who 20 shall be the person immediately responsible for the continued and efficient operation 21 of the facilities, structures, and programs at the Little Rock Zoo. 22 Section 3. Little Rock Zoo Board of Governors. A Little Rock Zoo 23 Board of Governors is created to review, consult and advise the City on matters 24 concerning the operation and maintenance of the Little Rock Zoo. It shall consist of 25 nine members, appointed by the Board of Directors, seven of whom shall serve for 26 staggered terms of three years after the initial cycle of terms. One member of the Board 27 of Governors shall be a sitting member of the Board of Directors and shall serve at the . -2- 1 pleasure of the Board of Directors. One member shall be the City Manager and shall 2 serve while employed in that position. The initial seven members of the Board of 3 Governors, other than the Board of Directors member and the City Manager, shall draw 4 lots to see which three members shall serve an initial term of three years, which two shall 5 serve an initial term of two years, and which two shall serve an initial term of one year. 6 Except for the Board Member and the City Manager, no person shall be allowed to serve 7 on the Commission for more than two consecutive three year terms, nor in any event, e more than eight continuous years. 9 Section 4. Authority and Duties of the Commission. The Zoo Board of 10 Governors shall have the following authority and duties: 11 (A) To hold periodic meetings not less than once a month, which 12 are open to the public and for which minutes shall be maintained, 13 to perform the other duties required by this ordinance; 14 (B) To consult with and advise the Director of the Zoo, and to 15 recommend policies and plans for the operation, maintenance, or 16 expansion of zoo facilities and programs to the City; 17 (C) To consider, and if desired to interview, applicants for the 1e position of Zoo Director, whenever there is a vacancy in that 19 position, and to recommend a list of three finalists, in order of 20 preference if so desired, to the City Manager from which a new Zoo 21 Director shall be hired; 22 (D) To appoint members to the Friends of the Zoo, Inc., Board 23 of Directors, a not - for - profit corporation which solicits donations 24 for the sole purpose of making improvements to the Little Rock Zoo 25 and, that has amended its bylaws to permit the Board of Governors 26 to exercise such appointment power; - 3 - 0 50 17 enumerated in this ordinance to operate and improve the Little 18 Rock Zoo, provided that such authority does not violate or conflict 19 with state law, subject the City or any of its employees to liability, 20 or is contrary to the covenants of any outstanding bond issues. 21 Section 5. Severability. In the event any title, subtitle, section, subsection, 22 subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this 23 ordinance is declared to adjudged to be invalid or unconstitutional, such declaration or 24 adjudication shall not affect the remaining portions of this ordinance which shall remain 25 in full force and effect as if the portion so declared or adjudged invalid or 26 unconstitutional was not originally a part of this ordinance. -4- I (E) To consult with and advise the Director of the Zoo annually 2 to determine the financial needs for the zoo and to report these 3 budget needs for the next year to the City Manager for inclusion in Jr 4 the City's budget process, provided that any budget 5 recommendation will assure that the City's covenants pursuant to 6 any outstanding parks and recreation revenue bond issues are met; 7 (F) To authorize the expenditure of monies donated to the City, 8 for the use and benefit of the Zoo Department, to the extent 9 permitted by the City Manager, provided these expenditures shall to be for the operation, maintenance, enhancement of the collection, 11 or capital improvements of the Zoo; 12 (G) To submit to the City an annual report that addresses the 13 state of the operations, facilities, and programs at the Little Rock 14 Zoo. 15 (H) To have all authority, subordinate to that of the City Board 16 of Directors, or the City Manager, which is not specifically 17 enumerated in this ordinance to operate and improve the Little 18 Rock Zoo, provided that such authority does not violate or conflict 19 with state law, subject the City or any of its employees to liability, 20 or is contrary to the covenants of any outstanding bond issues. 21 Section 5. Severability. In the event any title, subtitle, section, subsection, 22 subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this 23 ordinance is declared to adjudged to be invalid or unconstitutional, such declaration or 24 adjudication shall not affect the remaining portions of this ordinance which shall remain 25 in full force and effect as if the portion so declared or adjudged invalid or 26 unconstitutional was not originally a part of this ordinance. -4- 1 Section 6. Repealer. All ordinances, resolutions, or regulations, or any parts 2 of such documents, which are inconsistent with the provisions of this ordinance are 3 hereby repealed to the extent of such inconsistency. 52 a Section 7. Emergency. The efficient operation of the Little Rock Zoo, the 5 continuation of a valid exhibitor's permit, as well as the attainment of accreditation, of 6 the Little Rock Zoo, is essential to the public health, safety and welfare. In addition, the 7 efficient operation and management of a zoo facility and programs is essential to the 8 City's ability to meet the covenants contained in the documents supporting the 1998 9 Parks Si Recreation revenue bond issue, and meeting these covenants helps to maintain 10 a positive financial position for the City which is essential to the public health, safety 11 and welfare. It is important that the provisions of this ordinance go into effect quickly 12 so the hiring of a new zoo director can move forward expeditiously and, so fund raising 13 for various zoo facilities and activities can continue unabated. An emergency is therefore 14 declared to exist and this ordinance shall be in full force and effect from and after the 15 date of its adoption. 16 PASSED: January 26, 1999 17 ATTEST: APPROVED: 18 ^J n 20 Robbie Hancock, City Clerk Jim Dal, Mayor 21 APPROVED AS TO LEGAL FORM: 22 /� 23 yS -- (�(� • C 24 Thomas M. Carpenter, Nty Attorney 25 26 27 28 - 5 -