[HISTORY: Adopted by the Borough Council of the Borough of Masontown as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-25-1982 by Ord. No. 1982-3, approved 5-25-1982]
This article may be referred to and cited as the "German - Masontown Joint Park Ordinance."
The County of Fayette, the Township of German and the Borough of Masontown hereby find and determine that the county park situate in German Township, in the vicinity of the Borough of Masontown, and known as the "German - Masontown Park" (hereinafter referred to as "park") is a valuable recreational resource for the citizens of Fayette County in general, but especially to the citizens of German Township and the Borough of Masontown, and further, that it is in the best interest of the citizens of these three governmental entities that they enact this joint measure to achieve the following purposes:
To maintain, preserve, protect and improve the park area, roadways, property and facilities situate thereon.
To preserve and maintain public safety and order within the park.
To secure the efficient and orderly use of the park by members of the public.
To achieve the aforesaid goals with the most efficient and economical expenditure of public funds.
This article shall be construed to promote the purposes herein stated.
The county shall continue to preserve and maintain the real property constituting the park as a public park and recreation area for so long a period as the county continues to own the real property constituting the park.
The county hereby delegates to the township and to the Borough the power to make such changes and improvements in the fixtures and facilities in the park, and additions thereto, as they, in the discretion of their governing bodies from time to time, may deem desirable, subject only to the conditions that proposals for such improvements and additions be submitted to the county for prior approval and that any such improvements and additions be available for public use within the park in conformity with this article and amendments thereto. Any equipment, buildings, pavilions and other additions to the park made by the Borough or township as aforesaid shall be deemed personalty and not real property fixtures, regardless of whether or how affixed to the real estate, and shall continue to be the separate property of the township or Borough making the addition; provided, however, that each item of equipment, building, pavilion or other addition shall be clearly labeled "Property of (name of governmental entity)." Such property so labeled shall be maintained by and at the expense of the owning governmental entity and may be removed from the park by said governmental entity upon resolution of its governing body.
The county hereby delegates to the Borough the power, function and responsibility for managing and regulating public use of and access to the park. Pursuant thereto, the Borough, through its Mayor or other designated agent or official, may grant the exclusive use of portions or facilities of the park for limited periods of time, not to exceed two days, for noncommercial purposes and charge therefor such uniform and reasonable rates as the Borough Council may establish. The Borough Council may also adopt by resolution or ordinance such rules, regulations, restrictions and prohibitions regarding the use of and access to the park as are not inconsistent with this article and amendments thereto. Reservation and use of the park or any portion thereof shall be upon a nondiscriminatory first-come-first-served basis.
The Borough of Masontown shall provide adequate police service, as may be necessary, to maintain law and order within the park, to protect the public safety, health, welfare and morals of the community in general and the users of the park in particular, and to enforce this article and amendments thereto and the rules and regulations of the Borough pertaining to the park.
The county and the township hereby transfer to the Borough the powers, functions and responsibilities necessary for the Borough to carry out its obligations under this section.
This article shall apply to the park as now established and to any additional lands which may hereafter be acquired by the county and added to the park area.
This article shall continue in effect so long as the park shall continue to be dedicated and maintained by the county for public use and recreation. This article may be amended or repealed only by a further joint ordinance containing the terms of such amendment or repeal.
In carrying out their functions and responsibilities under this article and in exercising the powers delegated or transferred, each governmental entity shall bear its expenses separately, including all employee salaries, wages, retirement and other benefits. Nothing herein shall prevent or forbid any governmental entity from making, from time to time, such grants, expenditures or contributions of funds to or on behalf of any of the other governmental entities to defer the costs of carrying out this article and achieving the purposes hereof.
In carrying out the terms of this article, no governmental entity subscribing hereto shall be deemed to be the agent of either or both of the other governmental entities for any purpose whatsoever. No agent, officer or employee of any such governmental entity shall act as, or be deemed to be, wholly or partially the agent, officer or employee of either or both of the other governmental entities.
[Adopted 8-25-1992 by Ord. No. 1992-3, approved 8-25-1992]
There is hereby created a Recreation Board in and for the Borough of Masontown. The Board is created for the purpose of supervising, planning and creating recreation within the Borough of Masontown. The Board shall supervise, operate and maintain all public recreational facilities and activities within the Borough of Masontown.
[Amended 12-8-2009, approved 12-8-2009]
The Recreation Board shall consist of seven members appointed by the Borough Council of Masontown, Pennsylvania. Five members shall be residents of the Borough of Masontown and two shall be residents of German Township, and no publicly elected official of either the Borough of Masontown or German Township shall be eligible to serve. In the event that any member of the Board shall change his or her place of residence to a place not within the Borough of Masontown or German Township, then his or her seat on said Board shall be determined to be immediately vacated, and the Borough Council shall fill said seat for the Board member's unexpired term of office. The aforesaid appointment for a specified term notwithstanding, a Board member may stay in office until a successor qualifies or is appointed, but the Borough Council may remove any member of the Board at the pleasure of the Borough Council.
[Amended 12-8-2009, approved 12-8-2009]
The first members of said Board shall be appointed by the Borough Council of Masontown as soon as is practicable after the adoption of this article. The seven members of the Board shall serve terms of office as follows:
All subsequently appointed members to said Board shall serve for the same terms as their predecessors, except that those members appointed to complete an unexpired term shall serve for the remainder of the unexpired term.
Members of said Board shall serve without compensation.
The members of the Board shall elect from their membership a Chairman, Secretary and all other necessary officers and committee heads to serve for a period of one year.
The Board may establish committees to perform specific tasks in accomplishing the Board's lawful purposes. Any interested citizen may be included by the Board as a member of any such committee. The committee chairmen of such committees shall report directly to the Board. No person shall receive compensation for his or her position on any such committee. This section shall not be construed as providing the Board with the power or ability to hire employees or offer employment, which is specifically prohibited as stated hereafter.
The Recreation Board of the Borough of Masontown shall operate on the basis of an annual appropriation from the Council of the Borough of Masontown and is liable and responsible thereto. The Board, at such times as directed by the Council, shall submit for approval to the Council a proposed budget for the ensuing year, setting forth all proposed expenditures and programs.
The Board shall not in any manner obligate the Borough for the payment of any municipal funds nor have the power in any way to encumber the Borough whatsoever.
Funds budgeted by the Borough Council to said Recreation Board or any other funds received by the Board shall be disbursed by the appropriate officers of the Recreation Board. The Borough Council retains the right to veto any disbursements over the amount of $500 per month. The Board shall submit any proposed disbursements of funds over the amount of $500 per month to the Borough Council for final approval, and no disbursement, for any one item over the amount of $500 shall be made without prior approval of the Borough Council.
[Amended 1-24-1995, approved 1-24-1995]
Funds of any kind received by the Recreation Board from services and fees or any other source shall be deposited into a bank account established for the Recreation Board. Said bank account shall require at least two signatures by Board members, and bank statements shall be provided to the Borough Council on a monthly basis. Upon request by the Borough Council, the Board shall turn over all moneys, bank accounts or other assets or financial information within the control of the Board to the Borough Council.
The Board shall supervise, maintain and regulate parks, recreation areas and facilities. The Board may equip and operate the parks, recreations areas and facilities and shall, for the purpose of carrying out these provisions, have supervisory authority and responsibility over general Borough recreational programs.
The Board shall exercise the authority granted herein over any recreation place acquired hereafter or now existing, unless otherwise specified by the Council.
The Board shall have the authority to adopt bylaws, rules and regulations pertaining to the supervision, maintenance and regulation of all recreational areas, facilities and programs in the Borough of Masontown, subject to final approval of any such rules, bylaws or regulations by the Borough Council of Masontown.
The Board shall meet monthly during each calendar year and at such other times as it shall determine in the discretion of its members. The Board shall submit a monthly report of its meetings and actions, as well as a financial report, to the Borough Council at its first regularly scheduled meeting of each month of each calendar year. The Board shall also submit reports to the Borough Council following any other meetings as soon as practicable. All of said reports shall contain information on the Board's receipts and expenditures during the reporting period. Furthermore, the Board shall report in person to the Borough Council in March and November of each calendar year so as to apprise and inform the Borough Council as to all park and recreation activities and business.
Said Recreation Board shall in no manner or form usurp, delegate or substitute the powers and duties of the Borough Council of the Borough of Masontown. Neither shall the Recreation Board act in a manner contrary to that joint municipal ordinance by and between the County of Fayette, Township of German and Borough of Masontown, further identified as "Borough of Masontown Ordinance No. 1982-3," commonly referred to and cited as the "German - Masontown Joint Park Ordinance."
The Recreation Board shall not have the power or ability to employ, hire or offer to employ or hire or to enter into any contracts for an amount in excess of $500, which such powers and abilities are expressly and exclusively reserved unto the Borough Council.
[Amended 1-24-1995, approved 1-24-1995]
This article shall become effective on the 25th day of August 1992.