[HISTORY: Adopted by the Council of the Municipality of Murrysville 11-16-2011 by Ord. No. 852-11.[1] Amendments noted where applicable.]
[1]
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.
A.
Gifts of land or easements.
(1)
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:
(2)
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.
B.
Gifts of personal property.
(1)
A gift of personal property can encompass tangible property, intangible
property (i.e., money, securities or the like) and services.
(2)
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.
(3)
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.
C.
Gifts of service.
(1)
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.
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),[1] 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.
C.
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.
D.
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.
E.
Guidelines.
(1)
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:
|
New Facilities
|
Suggested Gift
|
Time Period
(years)
| |
|---|---|---|---|
|
Field (soccer, baseball, lacrosse, etc.)
|
110% of cost of construction*
|
20
| |
|
Playground (hard court, etc.)
|
110% of cost of construction*
|
20
| |
|
Shelters (pavilions, concession, etc.)
|
110% of cost of construction*
|
20
| |
|
Bike/hiking trails (hard surface)
|
110% of cost of construction*
|
20
|
|
*Note: 10% of the cost of construction is to be dedicated to
a Parks Maintenance Fund.
|
(2)
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.
F.
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.
G.
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.
|
Existing Facilities
|
Suggested Gift
|
Time Period
(years)
| |
|---|---|---|---|
|
Field (soccer, baseball, lacrosse, etc.)
|
$50,000 - $100,000*
|
20
| |
|
Playground (hard court, etc.)
|
$25,000 - $50,000*
|
20
| |
|
Shelter (pavilion, concession, etc.)
|
$25,000-$50,000*
|
20
|
|
*Note: Unless otherwise approved by Council, funds are to be
dedicated 50% to a Parks Maintenance Fund and 50% to a Parks Improvement
Fund.
|
H.
Naming of existing trails (dirt or gravel).
(1)
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.
(a)
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.
(2)
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.
I.
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.
J.
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.
