There is hereby created the park board (board) to be composed
of five regular members and two alternate members. The board shall
be officially designated as the park board.
(Ordinance 813-09 adopted 5/26/09)
The board will assist the city council by providing community
information and recommending improvements to park lands and park properties.
The purposes of the board are to:
(1) Encourage
and promote the creation and expansion of park lands and recreation
facilities;
(2) Plan,
recommend, originate, coordinate, and implement, with city council
approval, improvements and future development of park lands within
the city;
(3) The
board is a recommending board only, subject to city council authority;
(4) The
board will prepare and submit to the city council a monthly report
of all board programs and services.
(Ordinance 813-09 adopted 5/26/09)
(a) The
board shall consist of a chairman, and four (4) regular members, each
designated by place, being places 1 through 5 on the board. The board
shall also consist of two (2) alternate members being alternate member
#1 and alternate member #2.
(b) Members
of the board, including the chair, are recommended by the mayor/city
manager but appointed by the city council, with the approval of a
majority vote of the city council. The city council may also remove
a member by recommendation from the mayor/city manager with approval
of a majority vote of the city council. The chair shall serve for
a two-year term.
(c) Initial
members of the board shall be appointed in June 2009 to places 1,
3 and 5 to serve until June 2011 and members to places 2 and 4 until
June of 2010 or until their successors are qualified and appointed.
Alternate member #1 shall be appointed in June 2009 until June of
2011 and alternate member #2 shall be appointed in June 2009 until
June 2010 or until their successors are qualified or appointed.
(d) Board
members shall serve for a term of two years beginning in June following
their appointment or until their successors are qualified or appointed.
Members in odd-numbered places will be appointed in odd-numbered years,
and members in even-numbered places will be appointed in even-numbered
years.
(e) If
a vacancy occurs on the board, the vacancy shall be filled by recommendation
from the mayor/city manager with the approval of a majority vote of
the city council. A member appointed to fill a vacant place on the
board shall serve for the length of the unexpired term.
(f) The
members of the board shall be residents of the city except that a
member may be appointed by special consent of the mayor with advise
and consent from the city council that is a resident located within
the district boundaries of the Castleberry Independent School District.
In addition to the qualifications for service on a board required
by the city charter, ordinances or state law, a person appointed to
a board if applicable, must not be delinquent in the payment of taxes,
water service charges, or other obligation to the city.
(g) Members
of the board shall serve without compensation and until their successors
are appointed and qualified.
(Ordinance 813-09 adopted 5/26/09; Ordinance
1370-2023 adopted 2/14/2023; Ordinance 1382-2023 adopted 6/27/2023)
(a) Presiding officer.
The chair shall, when present, preside
at all meetings of the board. In the absence of the chair, the vice-chair
shall exercise the powers of the chair. If the chair ceases to preside
during a meeting and no vice-chair is available, the chair may, subject
to the approval of the board, appoint a temporary chair.
(1) Rulings.
The presiding officer shall rule on points
of order and procedures that are brought up in board meetings.
(b) Vice-chairman.
The board will select a vice-chair and
secretary by simple majority vote. The offices of vice-chair and secretary
will be for a one-year term.
(c) Temporary chair.
If the chair and vice-chair are absent
at the beginning of a meeting, the board shall elect a temporary chair.
(Ordinance 813-09 adopted 5/26/09)
(a) Rules of order.
Unless otherwise provided by state law,
another ordinance or the city charter, the board or this division,
proceedings of a board or commission shall in all cases be governed
by rules of order as set forth by the most recent edition of Robert’s
Rules of Order.
(b) Quorum.
Unless otherwise provided by state law, the
city charter, or another ordinance, a quorum for the transaction of
business of a board shall be three (3) members including the chair
and vice-chair. At the beginning of each regular or special meeting,
the chair shall determine whether or not a quorum exists in order
to properly transact business. If a quorum does not exist 15 minutes
after the time for which the meeting was called, the chair shall adjourn
the meeting and either reschedule the meeting at its next regular
time or call a special meeting, depending on the circumstances.
(c) Voting.
Every member present when a question is put,
including the chair and vice-chair, shall vote either “aye”
or “no” on each matter unless the member is prevented
from voting because of a conflict of interest. A member who is absent
from the meeting during the vote and returns to or arrives at the
meeting before adjournment shall, upon returning or arriving, vote
on the question for the record unless prevented from voting by a conflict
of interest. A member recorded present during a meeting who does not
vote and who is not prevented from voting by a conflict of interest
shall be recorded as having voted in the affirmative, unless the member
has obtained the consent of the chair to leave the meeting and is
absent for the remainder of the meeting.
(d) Question to be stated.
The chair shall state all questions
submitted for a vote, call for an affirmative and negative vote, and
announce the result. A roll call vote shall be taken upon the request
of any member.
(e) Duties and privileges.
When recognized by the chair,
a member shall confine remarks to the question under debate, avoid
personalities and refrain from impugning the motives of any other
member’s argument or vote. No member shall address the chair
or demand the floor while a vote is being taken.
(f) Right of appeal.
A member may appeal to the board from
a ruling of the chair. If the appeal is seconded, the member making
the appeal may briefly state reasons for the appeal and the chair
may briefly explain the ruling, but there shall be no debate on the
appeal and no other member shall participate in the discussion. The
chair shall then put the question, “Shall the decision of the
chair be sustained?” If a majority of the members present vote
“aye,” the ruling of the chair is sustained; otherwise
it is overruled.
(g) Limitation on debate.
No member shall be allowed to
speak more than once upon any one subject until every other member
choosing to speak on the subject has spoken.
(h) Personal privilege.
The right of a member to address
the board on a question of personal privilege shall be limited to
cases in which the member’s integrity, character, or motives
are assailed, questioned, or impugned.
(i) Preservation of order.
The chair shall preserve order
and decorum. The chair shall require members of the board engaged
in debate to limit discussion to the question under consideration.
(Ordinance 813-09 adopted 5/26/09)
The rules established in this division are applicable to this
board unless otherwise provided to be contrary [to the contrary] in
the charter or in any other ordinance or section of this code.
(Ordinance 813-09 adopted 5/26/09)
The confidentiality of any file, record, or other data received
by a board member that pertains to a land purchase, security, personnel,
or legal matter shall be strictly maintained by every member.
(Ordinance 813-09 adopted 5/26/09)
(a) Should
any member of the board be absent from three meetings during any twelve-month
period beginning from the date of appointment, it shall be the responsibility
of the chair, or in his absence the secretary of the board, to notify
the city council, through the city manager, with a record of the absences
and of any extenuating circumstances related to the absences.
(b) Should
one of the regular members be absent the chairman or in his absence
the acting chairman is required to fill the vacancy for that meeting
only with an alternate member that is present at the meeting. The
alternate member will have the same voting powers and authority as
for a regular member for the purpose of that particular meeting only.
(c) The
chairman or acting chairman shall appoint the alternate member to
fill the vacancy of a regular member by order of the number of the
alternate member, in other words alternate member #1 shall fill the
vacant place first followed by alternate member #2.
(Ordinance 813-09 adopted 5/26/09; Ordinance 1239-2019, sec. 3, adopted 8/13/19)
The board may receive reports, advice, and available services
from the various city departments as required and as directed by the
city manager, or his designated representative.
(Ordinance 1239-2019, sec. 4, adopted 8/13/19)
(a) Regular
meetings shall be scheduled on the first Thursday of every month in
the community center at 6:30 p.m.
(b) Special
meetings may be called by the chair at any time and shall be called
by the chair upon written request of members comprising at least one-third
of the board.
(c) Notice
of all regular and special meetings of the board shall be published
in accordance with the Texas Open Meetings Act.
(d) Public meetings.
(1) All meetings of a board shall be open to the public unless pertaining
to matters authorized under the Texas Open Meetings Act to be discussed
in closed meeting.
(2) When meeting in closed session, the chair shall publicly announce
the category under the Texas Open Meetings Act that permits the closed
meeting, and comply with all other requirements of the Texas Open
Meetings Act applicable to closed meetings.
(3) A printed agenda of items to be considered at each regular meeting
shall be posted on the city bulletin board in front of the city hall,
a place that is visible to the public at all times, at least 72 hours
prior to the meeting. If an emergency under the Texas Open Meetings
Act exists, the agenda for an emergency meeting shall be posted two
hours prior to the meeting.
(4) Compliance with this section shall be the responsibility of the city
secretary or his/her designee designated to provide staff support
to the board.
(e) Minutes.
Each board shall submit to the city secretary,
within 14 days following each regular and special meeting, a list
of members absent from the meeting and a copy of the minutes of the
meeting.
(f) Conflict of interest.
(1) Voting required.
No attending member of a board shall
be excused or shall abstain from voting on any matter before the board
on which a vote is called or required, except where a board member’s
substantial interest is involved, as provided by Texas Local Government
Code, chapter 171. A member shall be considered to have a substantial
interest in a matter whenever any matter before the board could or
does affect the member’s financial interest or those of a business
with which the member is associated, as set forth in chapter 171,
Texas Local Government Code.
(2) When member stopped from voting.
A member stopped from
voting on a matter for reasons of conflict of interest shall:
(A) Refrain from discussing the matter at any time with any other members
of the board or any other body that will consider the matter;
(B) Execute an affidavit as required by the Texas Local Government Code,
chapter 171;
(C) Shall abstain from further participation in the matter; and
(D) Refrain from voting on the matter.
(Ordinance 813-09 adopted 5/26/09)
All revenues derived from the activities of the park and recreation
board are under the direct control of the city and shall be deposited
to the city’s general fund and used to support related activities
to the extent of city-wide needs as determined by the city council
during the annual budgeting of funds for all city departments.
(Ordinance 813-09 adopted 5/26/09)