[Adopted 8-19-1982 by Ord. No. 70]
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 ordinance 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; and
(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.
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.