Borough of Morris Plains, NJ Article 5 ROBERTS GARDEN COMMISSION [1]

[1] Editor's Note: On July 11, 1957, the Borough accepted a deed tendered by Mrs. Altha Hatch Cutler for a tract of land to be used as a park known as Roberts Garden. The deed further provided that the Borough create a commission to have full charge and control of the property. This Roberts Garden Commission was created by ordinance on July 11, 1957.

6-20 Commission continued.

[Ord. No. 8-57, § 2]

The Roberts Garden Commission, also known as garden commission, heretofore created is hereby continued.

6-21 Membership.

[Ord. No. 8-57, § 2]

The garden commission shall consist of five members, which said members shall be appointed by the mayor subject to the approval of the Borough Council. At least two of said members shall be selected from the membership of the board of trustees of the Morris Plains library association and three of said members shall be residents of the Borough.

6-22 Terms of members; vacancies.

[Ord. No. 8-57, § 3]

The terms of said members appointed from the board of trustees of the Morris Plains library association shall correspond and expire with their appointment to the said association. The other three remaining members of said Commission shall be appointed for a term of three years. Any vacancies shall be filled for the unexpired term.

6-23 Function of commission; expenditures.

[Ord. No. 8-57, §§ 1, 4]

The garden commission shall manage and control "Roberts Garden" in accordance with the covenants and restrictions contained in the deed tendered by Mrs. Altha Hatch Cutler to the Borough on December 10, 1956 and accepted by the Borough on July 11, 1957. The Borough shall from time to time appropriate monies for said purpose, and no expenditures shall be authorized by the garden commission until approved by the Mayor and Council.[1]

[1] Editor's Note: The preamble to ordinance No. 8-57 reads as follows:

WHEREAS. Mrs. Altha Hatch Cutler tendered a deed dated December 10, 1956 to the Borough of Morris Plains for a tract of land in said Borough at the northwesterly corner of Glenbrook Road and Mountain Way, and

WHEREAS, said deed is subjected to the following provisions and restrictions:

1. The premises shall be used in perpetuity as a park, for the use and benefit of the inhabitants of the Borough of Morris Plains, and shall be maintained in good condition for that purpose by the Borough. The uses of the premises shall in general conform to the uses of the Morristown Green, in Morristown, New Jersey.

2. The park shall be known as Roberts Garden, in memory of Mr. and Mrs. Jonathan W. Roberts.

3. No building of any sort shall be permitted on the premises, except the one now existing.

4. No swimming pool, wading pool, tennis court, parking lot for automobiles, ball park or playground of any description shall be allowed on the premises.

5. No business of any kind shall be permitted to be carried on on the premises.

6. The Mayor and the members of the Borough Council of the Borough of Morris Plains, in accepting title in the name of the Borough to the property above described, agree that they will forthwith create a Commission which shall have full charge and control of the property and its uses as long as it shall be the property of the Borough. The members of the Commission shall be appointed by the Borough Council, and the Commission shall at all times consist of at least five members, at least two of whom shall be selected from the membership of the Board of Trustees of the Morris Plains Library Association. If the number of the Commissioners shall be increased to more than five, at least three of the members shall be members of the Board of Trustees of the Library.

7. In accepting this piece of ground as a future garden spot, the Borough of Morris Plains assumes the responsibility for its good care, support and proper supervision—and also an obligation to the Morris Plains Library Association which owns the property adjoining the Garden to protect, help and support it in every way possible, in order that the Library and the Garden, although separate organizations, may work together as one—with one motive—for the benefit of the community.

8. The Garden Commissioners shall use all reasonable effort to see that the Garden at no time becomes a public nuisance and, in addition to the restrictions set forth in the deed, shall not permit any activities which may become annoying to the neighbors.

If any of the foregoing provisions or restrictions shall be violated, title to the premises shall thereupon revert to the Presbyterian Church in Morristown, New Jersey.