11-21-104 - Powers of board Executive officer.
11-21-104. Powers of board Executive officer.
The county conservation board has the custody, control and management of all real and personal property heretofore or hereafter acquired by the county for public parks, preserves, parkways, playgrounds, recreation centers, county forests, county wildlife areas, and other county conservation and recreation purposes and is authorized and empowered:
(1) To study and ascertain the county's park, preserve, parkway, and recreation and other conservation facilities, the need for such facilities, and the extent to which such needs are being currently met, and to prepare and adopt a coordinated plan of areas and facilities to meet such needs;
(2) To acquire in the name of the county by gift, purchase, lease, agreement or otherwise in fee or with conditions, suitable real estate within or without the territorial limits of the county areas of land and water for public parks, preserves, parkways, playgrounds, recreation centers, forests, wildlife and other conservation purposes. The commissioner of environment and conservation, the county legislative body, or the governing body of any city or town may, upon request of the board, designate, set apart and transfer to the board for use as parks, preserves, parkways, playgrounds, recreation centers, playfields, tennis courts, skating rinks, swimming pools, gymnasiums, rooms for arts and crafts, camps and meeting places, community forests, wildlife areas and other recreational purposes, any lands and buildings owned or controlled by the state or such county or municipality and not devoted or dedicated to any other inconsistent public use. In acquiring or accepting land, due consideration shall be given to its scenic, historic, archaeologic, recreational or other special features, and no land shall be acquired or accepted which in the opinion of the board and the state conservation commission is of low value from the standpoint of its proposed use. No existing state parks, playgrounds, or recreation centers shall be transferred to the board without the consent of the county legislative body or, if the area is within the incorporated limits of any city or town, without the consent of the governing body of the city or town;
(3) The board shall file with and obtain approval of the commissioner of environment and conservation on all proposals for acquisition of land, and all general development plans and programs for the improvement and maintenance thereof before any such program is executed;
(4) To plan, develop, preserve, administer and maintain all such areas, places and facilities, and construct, reconstruct, alter and renew buildings and other structures, and equip and maintain the same;
(5) To accept in the name of the county gifts, bequests, contributions and appropriations of money and other personal property for conservation purposes;
(6) To employ and fix the compensation of an executive officer who shall be responsible to the board for the carrying out of its policies. The executive officer has the power, subject to the approval of the board, to employ and fix the compensation of such assistants and employees as may be deemed necessary for carrying out the purposes and provisions of this chapter, but all such expenditures shall be within the limitation of funds available for that purpose;
(7) To charge a reasonable fee for the use of a park or recreation facility or for participation in a recreation program conducted at a facility operated by a conservation board or sponsored by the board and held at another location. A conservation board may engage in the sale of concessions, food, beverages and the like in conjunction with such programs, facilities or events. A board may contract with a private or non-profit vendor for such concessions provision. In all cases receipts from such concession operations must be adequately accounted for and profits may not inure to private groups or individuals except as reasonable compensation for contracted service provided; and
(8) To let out and rent privileges in or upon any property under its control upon such terms and conditions as are deemed by it to be in the public interest.
[Acts 1961, ch. 213, § 4; impl. am. Acts 1963, ch. 169, § 3; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 11-1104; Acts 1984, ch. 813, § 1.]