There is hereby adopted the municipal golf course code for the
city and this article, as a whole, may be referred to and cited as
the golf code of the city.
(Ordinance 177-15 adopted 10/22/15)
The provisions of this article shall be applicable to all operations
and management of the municipal golf course.
(Ordinance 177-15 adopted 10/22/15)
There is hereby created the city municipal golf association
organized as a nonprofit association (herein the “association”).
The association shall be a separate unincorporated association to
be governed by the articles of association and bylaws as defined within
this article, or as may hereafter be adopted by the members of the
association.
(Ordinance 177-15 adopted 10/22/15)
The association is created for the purpose of establishing independent
management of the day-to-day affairs of the municipal golf course
and facilities owned by the city (herein the “golf course”),
at the will and pleasure of the city. The city reserves the right
to adopt future ordinances to change the management of the municipal
golf course and related facilities, in its sole discretion. The city
anticipates entering into a lease with the association for the municipal
golf course and facilities to further define each entity’s responsibilities.
(Ordinance 177-15 adopted 10/22/15)
The articles of association and bylaws of the municipal golf
association are established as follows:
(1)
Organization.
(A)
This association is established and organized as a nonprofit association
for the beautification, care, maintenance, management and operation
of the municipal golf course, and no part of any income derived by
such association from any source whatsoever is to enure to the benefit
of any member of this association or to any individual by virtue of
any relationship with this association or the city other than as an
employee.
(B)
The name of this association shall be the municipal golf association.
(2)
Membership.
(A)
The membership of this association shall consist of persons who have
complied with the provisions of subsection (2)(B) of this section.
(B)
The payment by any person of the membership dues, in advance, as
prescribed by the board of directors and the city shall constitute
such person a member of this association, and such act on his or her
part shall be considered as an application for membership and an agreement
to adhere to and abide by these articles and all rules and regulations
which may be promulgated by the association. The association shall
maintain a list of all current members.
(3)
Board of directors.
(A)
The association shall be managed by a board of directors. The initial
board of directors shall be appointed by the city council of the city.
The board of directors shall consist of seven (7) members, and except
for the initial board, shall serve for a term of two (2) years. Four
(4) members shall be elected on every even-numbered year and three
(3) members elected on every odd-numbered year. The initial board
shall consist of three members appointed to serve until the 2016 elections
and four members to serve until the 2017 elections.
(B)
The nomination of the board of directors shall be held at the annual
membership meeting of this association, which shall be held on the
third Thursday in February, each year, or within ten (10) days thereof
as designated by the board of directors. There shall be nominations
from the floor for the expiring terms of the directors for the ensuing
year. Within seven (7) days, after nominations for the expiring terms
of the directors have been made, a ballot with a self-addressed return
envelope shall be mailed to all members. The ballots from the general
members shall be returned within seven (7) days and validated by the
existing directors. The nominees receiving the majority votes shall
be declared elected and the term of office will begin on said date.
(C)
In order to be eligible to serve on the board of directors, a member
must:
(i)
Be a member of good standing, of the association, for a minimum of
two (2) years prior to the election, except for directors elected
within three (3) years of the establishment of the association.
(ii)
Hold no employment with the golf association or club house.
(iii)
Only one member from a family membership will be eligible for
election to the board.
(D)
If a director is absent from three (3) consecutive regular meetings,
without reason or excuse as determined by a majority of the board
of directors, or, if the member becomes ineligible for other reasons,
the position is to be considered vacated. The board of directors is
then authorized to appoint a new director to fill the board position
until an election to fill the vacancy may be held at the next annual
meeting.
(E)
The board of directors, on behalf of the general membership of the
association, shall be responsible for the maintenance, management
and operations of the golf course and facilities pursuant to such
agreements as may be made with the city and in light of the resources
available for such purposes. Specific duties shall include, but not
be limited to:
(i)
Preparation and presentation of an annual operating budget to the
city council.
(ii)
Preparation and presentation of an annual audit to the city
council.
(iii)
Employment of personnel for the maintenance of the golf course.
(iv)
Collection and distribution of all dues and fees, in accordance
with the annual operating budget and city and association policies.
(v)
Oversee and insure that all operations are in compliance with city,
county, state and federal laws and regulations.
(4)
Executive officers.
Executive officers shall be elected
by a majority vote of the board of directors. The executive officers
of this association shall be the president, a vice-president, a secretary,
and a treasurer. The duties of office are as follows:
(A)
President.
The president shall preside at all meetings
of the membership and of the board of directors, and shall perform
all other duties incident to the office.
(B)
Vice-president.
The vice-president shall preside and
perform the duties of the president during the absence or disability
of the president.
(C)
Secretary.
The secretary shall keep a record of the
minutes of all meetings, make such reports as requested by the directors,
and call meetings of the board or the membership at the request of
the president, vice-president or majority of the board.
(D)
Treasurer.
The treasurer shall be custodian of the funds
of the association. He shall receive and deposit all income and sign
all checks of disbursement authorized by the board. He shall keep
complete and correct books of account and shall make monthly financial
reports to the board, city and the general membership. In addition,
the treasurer shall, under the guidance and with the assistance of
the board, prepare and present an annual operating budget and audit
to the general membership and city for approval.
(5)
Meetings.
The following meetings are to be held by the
municipal golf association, as listed below:
(A)
Directors meetings.
The third Thursday of each month.
(B)
General membership meeting.
The third Thursday in February.
(C)
Election of officers.
The third Thursday in March.
(D)
General membership budget meeting.
The first Thursday
in July.
(E)
Special meetings.
As called by the president, vice-president
or at least four (4) members of the board.
(F)
Quorum.
All board of director meetings shall require
a quorum of four (4) members.
(G)
Resolutions.
Any action by the board of directors shall
require the approval of at least four (4) members of the board.
(H)
Written consent.
The board of directors may act by written
consent in lieu of meetings and resolutions.
(I)
Proxy.
Directors may vote by written proxy, including
electronic (email) copies.
(6)
Fees.
The board of directors of the association, with
the approval of the city, shall set membership and other fees for
use of the golf course and other facilities. No fees shall be authorized
without the express prior approval by the city.
(7)
Budget/audit.
(A)
The treasurer, under the guidance and with the assistance of the
board of directors, shall present to the city a proposed annual operating
budget no later than July 15th of each year. The budget shall consist
of anticipated revenues to be derived by the association and requested
funding from the city as well as proposed expenditures for the following
fiscal year. Prior to presentation to the city, the board of directors
shall present the proposed budget to the general membership for review
and comments as outlined in subsection (5), above. The city shall
retain the independent right to establish city funding for the association
and the board of directors shall adjust the association operating
budget to balance expenditures with its anticipated sources of funding.
(B)
The board of directors shall present to the city an annual audit
within ninety (90) days after the end of the fiscal year.
(Ordinance 177-15 adopted 10/22/15)
