[HISTORY: Adopted by the Council of Latrobe 11-8-2004 by Ord. No. 2004-13. Amendments noted where applicable.]
Administrative Code — See Ch. 3.
Parks and recreation areas — See Ch. 219.
Public property — See Ch. 231.
Editor's Note: This ordinance provided for the repeal of former Ch. 39, Recreation Board, adopted 7-13-1981 by Ord. No. 1981-2 as Ch. I, Part 3B, of the 1981 Code. This ordinance also provided for an effective date of 1-1-2005.
The Council of the City of Latrobe does hereby adopt and approve an intergovernmental cooperation agreement (hereinafter the "Agreement") establishing the Latrobe/Unity/Youngstown Parks and Recreation Commission (hereinafter the "Commission") and hereby delegates and transfers to the Commission any and all functions, powers and responsibilities for the coordination, administration, supervision, governance and operation of parks and recreational facilities and programs heretofore conferred upon the Latrobe Park and Recreation Board, a Board created by the Council of the Borough of Latrobe (now the City of Latrobe) by Ordinance dated July 13, 1981.
The term of the agreement shall commence on 12:01 a.m., January 1, 2005, and shall continue for a term of 10 years thereafter, provided, further, that the Latrobe Parks and Recreation Board shall continue to function with all duties, authorities and powers previously granted until 12:01 a.m. January 1, 2005, at which time the delegation and transfer of functions, powers and responsibilities from the Latrobe Parks and Recreation Board to the Commission shall occur.
The conditions of the agreement are those set forth in the agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by reference.
Editor's Note: Exhibit A is on file in the City offices.
The purpose of this agreement is to provide for the operation and administration of parks and recreational facilities and recreation programs upon facilities within the participating municipalities through the use of resources available to the participating municipalities. The powers and scope of authority delegated to the Commission shall be as set forth in Section 3 of the agreement, including but not limited to, the power to coordinate, govern, direct, administer, supervise and operate parks and recreational facilities and programs upon facilities available to the Commission; to provide equipment, supplies and services for these purposes; to enter into contracts or arrangements for the use of and maintenance of real property used in whole or in part by the Commission; to employ personnel; to contract with other organizations or professional providers for services; to contract for personnel benefits and establish a personnel code; to enter into contracts and debt in accordance with the provisions of the agreement; and to take such other actions as are necessary and proper for carrying out the purposes of the agreement.
The City of Latrobe, together with each of the other participating municipalities, shall provide an annual contribution to finance the purposes of the agreement with each participating municipality to make such amount of financial contribution according to the provisions and schedule set forth in Section 5 of the agreement. The payments to be made shall be from tax revenues generated to the City of Latrobe and/or such other revenues which may be appropriately utilized for the City's financial obligation under the terms of the agreement.
The organizational structure necessary to implement the agreement shall be a Recreation Commission with such powers, rights, duties, obligations and limitations as set forth in this chapter and the agreement.
The Commission shall not own or lease real property without the express approval of all voting municipalities, but shall be authorized to enter into such contracts or arrangements as may become necessary for the utilization and maintenance of any real property used in whole or in part by the Commission.
The Commission to be established under this chapter shall be empowered to enter into contracts or policies of group insurance and employee benefits including social security for its employees.
To the extent permitted by the agreement, the Recreation Commission shall be delegated the power and authority to seek bids for purchase of materials and equipment, provided, however, that the Commission shall be bound by the provisions of the Intergovernmental Cooperation Law, 53 Pa. C.S.A. § 2308 through § 2313, in the same manner and to the same extent as though such purchases were jointly made by the participating municipalities.
It is the intent that this chapter and the agreement approved hereby shall comply with all applicable federal and state laws including but not limited to the Intergovernmental Cooperation Law. If any word, phrase, section, sentence, clause or part of this chapter, or the agreement approved and adopted herein, is for any reason found to be unconstitutional, invalid or illegal, such unconstitutionality, invalidity or illegality shall not affect or impair the remaining words, phrases, sections, sentences, clauses or parts of this chapter and/or the agreement. It is hereby declared to be the intent of the City of Latrobe that this chapter and the agreement approved and adopted herein would have been approved and adopted had such unconstitutional, invalid or illegal word, phrase, section, sentence, clause or part thereof not been included therein.