This article may be referred to and cited as
"The German-Masontown Joint Park Ordinance."
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.