Sec. 32-207. - Additional powers.
(a) The parks board may cooperate with any trust created for a purpose similar to that of the board as set out in item (1) of section 32-206 of this Code. In addition, the board may contract for financial management and investment services and may pay the reasonable fees therefor from solicited funds, gifts, bequests and income therefrom, provided, the board shall exclude therefrom any solicited funds, gifts or bequests when payment of a financial management and investment service fee would be contrary to the provisions of the grant.
(b) The board may exercise its sole discretion in the application for park purposes of funds received from any trust created specifically for the benefit of the parks board when such trust specifically grants such sole authority to the board and from funds donated directly to the parks board, provided construction of public improvements on city-owned property shall be in compliance with the competitive bid laws of the state applicable to local government corporations.
(c) When using donated funds described in subsection (b) the parks board may negotiate the purchase of items for city parks, but any such item that might otherwise become a fixture or part of the realty shall be deemed to remain personalty and subject to removal at the discretion of the city council. The parks board shall have no authority to take any action that will create a lien on city-owned land. Park land, no matter how modified under this provision, shall remain subject to the discretion of the city council in directing another or different park use or in authorizing the construction of a permanent park improvement. The following list is illustrative of the types of items that the parks board may purchase, subject to the approval of the director:
(1) Playground equipment.
(2) Trees.
(3) Landscaping.
(4) Water meters and sprinkler systems.
(5) Shuffleboard courts.
(6) Playpads.
(7) Benches.
(8) Water fountains.
(9) Picnic benches.
(10) Hike and bike trails.
(11) Exer-trail with equipment.
(12) Fencing.
(13) Sidewalks.
(14) Sculptures.
(15) Fountains.
(16) Equipment used in recreational programs.
(17) Flower clock.
(18) Flag pole.
(19) Gazebo.
(d) Subject to the approval of the director, the board may seek removal of any trustee of a trust established to benefit the parks of the city by instituting appropriate action in the district court upon at least 90 days written notice (unless waived by the trustee) to such trustee. Any removal notice must be actually received by the trustee being removed and must contain the appointment of a successor trustee and the acceptance of the successor trustee endorsed on it. Any successor trustee appointed to act shall be a bank with trust powers or a trust company, either state or national, located in the city, with a combined capital and surplus of at least $20,000,000.00.
(e) To more fully and efficiently carry out the purposes of the parks board, the city hereby grants the parks board a general right of entry on the city's public parks, open spaces and other lands of the city, subject to the prior approval by the director of the projects, and the design and construction thereof, for which such right of entry may be exercised, which right of entry is revocable by the director in the event actions taken under the right of entry are inconsistent with the limits of the approval, if any.
(f) To more fully and efficiently carry out the purposes of the parks board, the city hereby grants the parks board some of the same powers and functions as a park board of trustees established under Chapter 306 of the Texas Local Government Code, as follows:
(1) Acquiring by gift, devise, or purchase, or improving or enlarging:
a. Land and buildings to be used for public parks, playgrounds, or historical museums; and
b. Land on which are located:
[1] Historic buildings or sites, or landmarks of statewide historical significance associated with historic events or personalities;
[2] Prehistoric ruins, burial grounds, or archaeological or paleontological sites; and
[3] Sites including fossilized footprints, inscriptions made by human agency, or any other archaeological, paleontological, or historical buildings, markers, monuments, or other historical features.
c. Land described by the foregoing subitems a and b of this item (1) may be located inside or outside the boundaries of the city, but must be located inside the limits of the counties in which the city is located;
(2) Accepting and receiving from any person or entity, and having authority to expend, gifts of money or other things of value for the purpose of performing any function or authority conferred on the board by this chapter;
(3) Accepting and receiving from the city, and having authority to expend, funds appropriated by the city for the purpose of improving, equipping, and promoting recreational and other facilities under the board's development;
(4) Advertising the city's recreational advantages for the purpose of attracting visitors, tourists, residents, and other users of the public facilities developed by the board;
(5) Entering into a contract, lease, or other agreement connected with, incident to, or in any manner affecting the financing, construction, equipping, or promoting of facilities under its development. The board may execute and perform its powers and functions on land leased from others, subject to the approval of the director; and
(6) Carrying out such other lawful purposes as the parks board may deem necessary or appropriate in connection with the foregoing powers and functions to the extent consistent with directions of the director.
(g) The parks board, as a local government corporation, shall have the power to enter into long-term contracts with the city, within the authority of the city, and other entities as relevant, for any length of term it deems necessary or appropriate to more fully and efficiently carry out the purposes of the parks board.
(Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)
