[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."
A.
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:
(1)
To maintain, preserve, protect and improve the park area, roadways,
property and facilities situate thereon.
(2)
To preserve and maintain public safety and order within the park.
(3)
To secure the efficient and orderly use of the park by members of
the public.
(4)
To achieve the aforesaid goals with the most efficient and economical
expenditure of public funds.
B.
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.
A.
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.
B.
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]
A.
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:
B.
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.
A.
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.
B.
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.
C.
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]
D.
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.
A.
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.
B.
The Board shall exercise the authority granted herein over any recreation
place acquired hereafter or now existing, unless otherwise specified
by the Council.
C.
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.
A.
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."[1]
B.
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.
