SECTION 1. That Maury County, Tennessee, is hereby authorized and empowered to own, purchase, lease, construct, operate, equip, and maintain a general park in said County, acting by and through its Quarterly County Court with authority to accept a legal title to such park and to own such park and either operate or maintain same under the provisions of a Board of Park Commissioners; or to lease the park facilities or any portion thereof to a non-profit corporation only by and with the approval of the Maury County Quarterly Court.
SECTION 2. That said Maury County, Tennessee, is hereby authorized and empowered to acquire by gift, purchase or the exercise of eminent domain, lands or rights in lands upon which to construct, equip, maintain, and operate such park, and to accept gifts and donations, funds, money, aids, grants, and assistance of any kind for the purpose aforesaid from any person, firm association, corporation or group of persons, including the United States of America, or any agency thereof, and the State of Tennessee and any agency thereof, and any County or Municipality in the State of Tennessee.
SECTION 3. That the said Park shall be known and designated as the Maury County Park and shall be comprised of and situated on the following described tract or parcel of land together with all buildings and other improvements and all appurtenances thereunto belonging, together with any other land which may be hereinafter acquired, and more particularly described as follows:
Located and situated in the Ninth Civil District of Maury County, Tennessee.
BEGINNING at a point in center of L & N Railroad, in the center of the Experiment Lane, said point being the center of the railroad trestle over the Experiment Lane; thence with center of said railroad N. 85 deg. 34' W. 2224.1 ft. to a point of curve; thence with a 3 deg. curve to the left a distance of 862.1 ft. to a point in center of said tract; thence leaving said railroad and with existing fence S. 89 deg. 15' W. 1899.3 ft. to a concrete monument; thence N. 4 deg. 15' E. 1578 feet to a concrete monument; thence S. 85 deg. E. 1450 ft. to a concrete monument; thence S. 9 deg. 45' W. 550 ft.; thence S. 85 deg. E. 550 ft.; thence N. 9 deg. 45' E. 550 ft.; thence S. 85 deg. E. 1137.5 ft.; thence N. 9 deg. 47' E. 291.3 ft. to the point of intersection of the Experiment Lane; thence with said Land S. 38 deg. 49' E. 1301.84 ft. to the point of curve; thence with same on a 7 deg. curve to the left, a distance of 721.9 ft.; thence with same S. 89 deg. 21' E. 86.25 ft. to the point of curve; thence with a 56 deg. curve to the right, a distance of 157.74 ft. thence with same S. 1 deg 91' E. 109 ft. to the point of beginning. Being a portion of the property conveyed to Monsanto Chemical Company by deed of record in Book 8, Page 213, Register's Office of Maury County, Tennessee. And being the same property conveyed to Maury County, Tennessee, by deed executed by Monsanto Chemical Company, by deed recorded in Book 303, Page 551 of the Register's Office of Maury County, Tennessee.
SECTION 4. That all parks and recreation areas now or hereafter owned or operated by Maury County shall be operated and controlled by a Board of Park Commissioners, seven (7) in number, and all shall be citizens and residents of Maury County, greater than twenty-one (21) years of age who shall serve without compensation (said office being honorary and not constituting a County office), in the manner and for the terms hereinafter provided; and provided that no member of said Board of Park Commissioners shall be a member of the Maury County legislative body; and provided further that no member of the Board of Park Commissioners or no member of the legislative body of Maury County shall profit financially by reason of the operation of the parks and recreation areas owned or operated by Maury County; and further that no property operated and controlled by a Board of Park Commissioners shall be subject to a debt of the County.
As amended by: Private Acts, 2019, Chapter 21.
SECTION 5. That the initial members of the Board of Commissioners shall be: DeWitt H. Viar; Thomas H. Reynolds; Charlie Skillington; James B. McLaren; Sam R. McGaw; Ralph L. Newbert; and J. B. Erwin. The term of office of each member of said initial Board of Park Commissioners shall be three (3) years from and after April 8, 1957, and upon the expiration of the three (3) year term as herein provided and at the regular April, 1960 term of the Maury County Quarterly Court, or if vacancies occur for any causes before that date, such vacancies shall be filled in the same manner by the said Quarterly Court at its next regular session or at such sessions called for that purpose, provided however if deemed advisable by the said Quarterly Court, the said Quarterly Court shall elect a Board of Park Commissioners, as follows: Two (2) members for one year; two (2) members for two years; three (3) members for three years; and thereafter upon the expiration of the terms of said members of said Board of Commissioners or upon any vacancy which may occur for any reason, or otherwise, shall be filled by an election by the Maury County Quarterly Court for the regular terms as hereinabove provided or for the unexpired term of any member creating a vacancy. The election and acceptance of each respective member of said Board of Park Commissioners shall be duly filed in the office of the County Court Clerk of Maury County, Tennessee. Any member of the Board of Park Commissioners shall be eligible for re-election. The Board of Park Commissioners shall elect a Chairman, Vice-Chairman, Secretary, Treasurer; or Secretary and Treasurer; provided that nothing contained herein shall prevent the Board from electing and designating the Park Superintendent as Secretary of said Board of Park Commissioners. The said Board of Park Commissioners shall meet at least once each quarter, and oftener, if necessary, and shall keep complete, permanent and public records and minutes, reflecting all business and transactions of the said Board of Park Commissioners. All checks or warrants drawn on funds belonging or appropriated t said Maury County Park shall be signed by the Treasurer and countersigned by the Chairman of the Board, or in lieu thereof countersigned by some other member of the Board duly designated by the Board.
SECTION 6. That the Board of Park Commissioners shall be vested with full, absolute, and complete authority and responsibility for the operation, maintenance, management, conduct, and control of the business and affairs of all parks and/or recreation areas now or hereafter owned or operated by Maury County; such operation maintenance, management, conduct, and control, however, shall not be inconsistent with existing contractual obligations of Maury County, Tennessee. Said authority shall include, but shall not be limited to, the establishment, promulgation, and enforcement of rules, regulations, and policies necessary to direct and supervise the operation, maintenance, and control of all parks and/or recreation areas now or hereafter owned or operated by Maury County, including, but not limited to, the regulation of the dates and hours of the opening and closing of said Park and the regulations and routing of traffic along and over the roads and passage-ways therein, the administration of all financial affairs, the execution of all contracts, agreements, and other instruments, and the employment, compensation, discharge, and supervision of all personnel in conjunction with Maury County policies, and to adopt the necessary and proper bylaws.
As amended by: Private Acts, 2019, Chapter 21.
SECTION 7. That the Board of Park Commissioners shall have authority to employ and fix the compensation of a Park Superintendent, and such other personnel and employees as may be necessary, whose duties and responsibilities shall be determined and prescribed by the Board of Park Commissioners.
SECTION 8. The entire Maury County Legislative Body shall constitute the park committee of the Maury County Legislative Body whose duties shall be to advise and consult with the Board of Park Commissioners concerning measures and matters pertaining to and affecting the welfare of the Maury County park system.
As amended by: | Private Acts of 1989, Chapter 53 |
SECTION 9. That said Board of Park Commissioners shall annually prepare and submit to the Maury County Quarterly Court a budget reflecting in detail all estimated receipts and disbursements of all parks and recreation areas owned or operated by Maury County, together with the receipts and disbursements of the previous year. Said budget shall be submitted not later than April 1, for approval of the Quarterly Court at the regular July term of each year, and the said Park Commission is without authority to make contracts beyond the budget approved by the said Quarterly County Court.
As amended by: Private Acts, 2019, Chapter 21.
SECTION 10. That the Board of Park Commissioners shall prepare and submit to the Quarterly Court of Maury County, prior to each regular January and July meetings of said Court, a complete financial statement and report, which among other things, shall reflect a comparison of actual receipts and disbursements with budgeted receipts and disbursements for the latest available period. Provided that the Quarterly Court may provide for an audit of the books, records, and financial affairs of all parks and recreation areas owned or operated by Maury County at any time it may deem same advisable or necessary.
As amended by: Private Acts, 2019, Chapter 21.
SECTION 11. That the Quarterly Court of Maury County be and the same is hereby authorized to appropriate to the Maury County Park from the general funds of the County, such sums as may be required to commence the operation of said Park, and thereafter such sums as may be required to pay any deficits arising in the operation and maintenance of said Park; and said Quarterly Court of Maury County is further authorized and empowered to levy a park tax sufficient for this purpose upon all the taxable property located in said County. Said tax to be a special tax not to exceed Ten ($0.10) Cents upon each One Hundred ($100.00) Dollars worth of taxable property; and provided that the funds derived from such levy shall be carried upon the official books and records of said County, separate and apart from other accounts, and which tax shall be in addition to the levy for general County purposes.
SECTION 12. That all Acts resolutions, including resolutions appropriating funds and resolutions accepting gifts of land and other gifts, heretofore done by the Maury County Quarterly Court be and the same is hereby ratified.
SECTION 13. That this Act shall have no effect unless the same shall have been approved by a two-thirds (2/3) vote of the Quarterly Court of Maury County on or before the next regular meeting of such Quarterly Court occurring more than thirty (30) days after its approval by the Chief Executive of this State. Its approval or non-approval shall be proclaimed by the Presiding Officer of the Quarterly Court and shall be certified by him to the Secretary of State.
SECTION 14. That this Act shall take effect from and after its passage, the public welfare requiring it.
Passed: March 20, 1957.