12-1929.   Combining operation of park system and public recreationsystem; protest election; jointly operated systems; transfer of property.(a) Whenever the governing body of any city which has established arecreation system deemsit advisable to combine the operation and administration of its parksystem and its recreation system, it shall publish a notice ofits intention to combine the two systems and establish a singledepartment. Such notice shall be published once each week for twoconsecutive weeks in the official city newspaper and if within30 days after the last publication of the noticea petition signed by at least5% of the qualified voters of the cityrequesting an election uponsuch question, an election shall be called and held thereon.Such election shall be calledand held in the manner provided by the general bond law, and the cost ofthe election shall be borne by the city. If no protestor no sufficient protest is filed or if an election is held and theproposition carries by a majority of those voting thereon, the governingbody, by ordinance, may provide for the combining of its park system andits recreation system and the establishment of a combined parkand recreation department. All property under the control orjurisdiction of either of such systems, upon the combination of thesame, shall be transferred to such department which shall administerthe city's park and recreation system. The governing body shallprovide by ordinance for such officers and employees which may be necessaryfor the proper operation of the department who shall be appointed oremployed in the manner provided for other officers and employees of thecity.

      (b)   Whenever the governing body of a city in which a recreationsystem which was established by a school district or by a school districtand city acting jointly, wishes to combine the city park system with therecreation system into a single city park and recreationdepartment, the governing bodies of both, if they agree to suchcombination, jointly shall publish notice of the intention to combine the twosystems into a single city department of parks and recreation. Suchnotice shall be published once each week for two consecutive weeksin the official city newspaper and if within 30 days after thelast publication ofa petitionsigned by at least5% of the qualified voters of the cityrequesting an election upon suchquestion, an election shall be called and held thereon.Such election shall be called andheld in the manner provided by the general bond law, and the cost of theelection shall be borne equally by the city and the school district. If no protest orno sufficient protest is filed or if an election is held and theproposition carries by a majority of those voting thereon, the governingbody, by ordinance, may provide for the combining of its park system andits recreation system and the establishment of a combined parkand recreation department. All property under the control orjurisdiction of either of such systems, upon the combination of thesame, shall be transferred to the department which shall administerthe city's park and public recreation system. The governing body shallprovide by ordinance for such officers and employees which may be necessaryfor the proper operation of the department who shall be appointed oremployed in the manner provided for other officers and employees of thecity.

      History:   L. 1987, ch. 71, § 8; July 1.