[HISTORY: Adopted by the Council of the Municipality of Murrysville 11-16-2011 by Ord. No. 852-11. Amendments noted where applicable.]
GENERAL REFERENCES022a Exhibit A 022b Exhibit B
Personnel policies — See Ch. 47.
Purchasing — See Ch. 49.
Editor's Note: This ordinance also provided for the repeal of former Ch. 22, Gifting Policy, adopted 12-4-2002 by Ord. No. 614-02, as amended.
The Council of the Municipality of Murrysville shall approve a development plan for improvements and services that Murrysville desires to be undertaken on all lands or easements now owned or to be acquired by the Municipality for active, passive or open space recreational purposes. The administration shall prepare a development plan from time to time, but no less often than every five years, and shall present it for recommendation by the Parks and Recreation Commission prior to review and approval by Council. Amendments to the plan may be undertaken by Council from time to time.
Prospective donors may select any public need identified in the development plan, or Murrysville's annual budget, or the prevailing five-year capital improvements program, all as duly approved by the Council of the Municipality of Murrysville. A donor may also propose other gifts which the donor believes can serve a public need of the Municipality, and such alternative gifts shall be subject to Council's review and approval. A donor may also make an undedicated monetary contribution to a Park Improvement Fund.
Gifts of land or easements.
The Chief Administrator shall receive and review all applications for a proposed gift or donation of land or easement(s). The Chief Administrator shall utilize the services of the administrative staff and appropriate municipal boards and commissions, including, at a minimum, the Parks and Recreation Commission and the Environmental Advisory Council, in making an evaluation of all applications and shall forward all recommendations for acceptance or denial to Council. Proposed donations shall be reviewed on the basis of:
If the land or easement clearly does not meet any current or anticipated future needs of the Municipality, or poses environmental or other concerns related to its use, development or maintenance by the Municipality, such concerns shall be clearly identified in the recommendation to Council.
Gifts of personal property.
A gift of personal property can encompass tangible property, intangible property (i.e., money, securities or the like) and services.
The Chief Administrator shall accept and review all applications for a proposed gift of personal property and shall evaluate them with relation to the reason for the gift and a public need identified in the development plan, Murrysville's annual budget, or the prevailing five-year capital improvement program.
For all proposed gifts that are not expressly or impliedly contemplated within the development plan, Murrysville's annual budget or the capital improvements program, a recommendation for either acceptance or rejection of a proposed gift will be undertaken by the Chief Administrator after consultation and evaluation by the heads of all affected departments. Said recommendation shall be communicated to Council, together with supporting rationale and a recommendation from the Parks and Recreation Commission.
Gifts of service.
Volunteer service for events, recreation programming, professional or administrative effort, trail building, and park or trail maintenance may be accepted by the Chief Administrator or designee without formal application but may be subject to conditions, direction, and/or supervision.
The major elements and provisions of the Gifting Policy shall be subject to reaffirmation from time to time but no less often than every five years. Absence of timely reaffirmation, however, does not preclude Council's acceptance of gifts.
A recommendation by the Chief Administrator, staff and boards and commissions to reject a proposed gift or donation of real or personal property, for whatever reason, may be appealed to the Council for review. The appeal is to be filed with the Chief Administrator within 30 days of the action complained of, and the Council shall extend to the applicant an opportunity to be heard in such matter. Council may, following further review, reject or accept the proposed gift or donation with or without conditions.
A list of assets, such as municipal parks, properties, facilities, and amenities, shall be generated and maintained by the administration, along with a list of naming opportunities for existing and planned facilities (sample shown as Exhibit A), including for each facility or amenity a definition of its "useful life." These lists shall be updated periodically but no less often than every five years and shall be approved by Council.
Naming rights are not use rights. They are strictly naming rights. Appropriate recognition will be given with the gift consistent with good taste (size, materials, colors, etc.). Such recommendations shall be the responsibility of the administration. Scheduling and use of the facilities shall remain the responsibility of the administration.
Naming rights and appropriate recognition are for a finite period of time the "useful life" of the facility or amenity, unless otherwise agreed upon - after which the facility may be removed, relocated, repurposed, replaced or renamed.
The administration and Council will use the following guidelines in agreement negotiations but may vary based on current market conditions and desires of the donor(s) and the Municipality:
Incremental donations toward the naming of a facility may be arranged through the Municipality; however, all projects must be fully funded prior to the onset of construction.
Currently named parks can be "sponsored by" but should not be subject to renaming. The cost of sponsorship would be determined by the appropriate review parties and should be for larger amounts and longer periods of time.
It is also desirous to encourage maintenance gifts, with appropriate recognition, where time periods, recognition signs, etc., would be determined as appropriate to the gift. Suggested gift levels for naming rights of existing facilities shall be based upon identified needs for that facility.
Naming of existing trails (dirt or gravel).
Merit-based decision. The honoree shall have made significant contributions to the betterment of the community through volunteer service. The application for naming of the trail shall outline the nature of the volunteer service as well as any other pertinent information that may assist the appropriate reviewing entities, as well as Council, in the decisionmaking process. The application shall be forwarded to Council along with a recommendation by the Parks and Recreation Commission.
The Municipality recognizes that many trails are currently maintained by volunteers. In the event a trail has been the recipient of merit-based naming and volunteer maintenance of that trail lapses, the Municipality reserves the right to remove name recognition upon appropriate notification.
Non-merit-based purchase of naming rights. The fee to name an existing dirt or gravel trail shall be $1,000 per tenth of a mile for the entire length of the trail. No naming rights shall be available for a partial section of any trail. After 20 years, the trail will be available for renaming. Funds from trail naming shall be dedicated to a Trails Fund, to be used for acquisition of land or easements for purposes related to trails or for construction or maintenance of trails.
Volunteer groups or individuals may apply in writing to the Chief Administrator for application of undedicated funds from the Park Improvement Fund to volunteer park improvement construction or restoration projects. The Chief Administrator shall obtain staff input and a recommendation from the Parks and Recreation Commission to evaluate such applications and shall notify Council of their disposition, with a copy provided to the Parks and Recreation Commission.
By June 1 of each year, a list of all gifts made during the previous year shall be presented to Council, and a copy shall be provided to the Parks and Recreation Commission.