[HISTORY: Adopted by the Council of Latrobe 11-8-2004 by Ord. No. 2004-13.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Administrative Code — See Ch. 3.
Parks and recreation areas — See Ch. 219.
Public property — See Ch. 231.
[1]
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 City 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.[1]
[1]
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.
