Sec. 2-1887. - Powers.
(a) The board is hereby granted custody of and authorized to maintain, control, operate and manage for and on behalf of the city, the new Huntsville Tennis Center at John Hunt Park, including any future additions thereto, (collectively the "facility"), which is owned by the city. The board shall adopt from time to time, amend and repeal bylaws, rules and regulations governing the facility; provided, however, that such bylaws and rules and regulations are not in conflict with this article or any laws of the state. They shall have the power to arrange, sponsor, contract for and conduct programs, tournaments, shows, exhibitions, contests, tennis leagues, meetings, tennis lessons and other recreational activities at the facility for the advancement of the recreational, athletic, cultural and civic interest and welfare of the citizens of the city.
(b) Subject to the requirements of this article or any laws of the state, the additional powers which the board may exercise in order to effectuate the foregoing purposes shall include, but not necessarily be limited to, the following:
(1) Charge, establish and revise fees for use, parking, and other events conducted at the facility;
(2) Rent, lease or otherwise provide all or any part of the facility for tournaments, shows, leagues, programs, lessons, exhibitions, contests, performances, tennis leagues and other recreational activities;
(3) Acquire, hold, sell and otherwise dispose of any personal property, subject, in the case of any acquisition of personal property, to the available excess funds of the board not needed for any current year's expenditures;
(4) Subject to the provisions of section 2-1889 hereof, make, enter into and execute such contracts, agreements, and other instruments and to take such other actions as may be necessary or convenient to accomplish any purpose of the board referenced herein or to exercise any power that is either expressly granted to the board hereunder or must, by necessary implication, be exercisable by it in order to accomplish any purpose herein;
(5) Receive and accept, in the name of the city, from any source, aid, contributions, bequests and devises, whether in the form of money, property, labor or other things of value, to be held used and applied by the board to carry out the purposes herein expressed, subject to any lawful condition upon which the same may be given or made;
(6) Subject to the limitations set forth in section 2-1889, appoint, employ and contract with such employees and agents, including, without limitation, managers, teachers, professional tennis instructors, attorneys, accountants, financial experts, fiscal agents and such other advisors, consultants and agents as may be in the judgment of the board necessary or desirable, and to fix their compensation. The foregoing notwithstanding, all city employees assigned to the Tennis Center at Brahan Spring Park, as of the date of adoption of the ordinance enacting this division, shall become employees of the board and shall continue to receive the same salary, plus approved cost of living adjustments, step raises and health insurance benefits, as they would have received had they remained employees of the city (hereinafter the "retained employees"). The retained employees shall be guaranteed such salary for a period of no less than one year from the date of transfer of employment to the board, subject to satisfactory job performance. All accrued annual leave, sick leave, and compensatory time off, subject to the carry-over caps of the city, shall follow the retained employees, and shall not be diminished by the board. Upon termination of employment, any remaining leave of any such retained employee shall be paid out by the board as provided under the personnel policies and procedures of the city. For purposes of this division only, retained employees using accrued leave shall be deemed to be using leave which was accrued first in time. For purposes of this division, and for a period of one year from the date of transfer of employment, any retained employee shall be treated in the same manner as all other city employees in connection with city job openings;
(7) Enter into such management and other contracts as may in the judgment of the board be necessary or desirable in order to delegate and perform more effectively, efficiently or economically the day-to-day operations of the facility as well as various clerical, accounting and administrative functions for which the board may become responsible in the exercise of the powers herein conferred upon it;
(8) If not otherwise provided by the city, and subject to the limitations of section 2-1889, procure or agree to procure from any insurance company, insurance protecting any member of the board, the board or the facility from liabilities under broad form coverages and errors and omission coverages;
(9) Accumulate all income, operating revenues and other funds of the board not required for immediate use and apply all such accumulated funds to the cost of extensions, renovations, repairs and improvements to the facility, as may be determined by the board; provided, however, that no such extensions, renovations, improvements or repairs shall obligate the city beyond the amounts, if any, appropriated by the city to the board for such purposes;
(10) Arrange, contract for, conduct, lease or sponsor a pro shop for the sale, rental, or repair of tennis rackets, equipment, and related items and to arrange, contract for, conduct, lease and sponsor a snack bar and any other related activities necessary or useful for the enjoyment of the facility;
(11) In general, and subject to the limitations and conditions as are now or may hereafter be provided, to exercise such other powers necessary or incidental to the powers conferred herein, or conducive to the attainment of the purposes of the board; and
(12) Establish and maintain deposit and investment accounts in the name of the board with banks, savings and loans and other institutions (including, but not limited to, money market funds) and to make all deposits and withdrawals therefrom as the board may authorize.
(Ord. No. 04-829, § 7, 10-28-2004; Ord. No. 05-217, § 2, 3-22-2005)
