BOPARC

Robert Clonch, Chair (term exp. 6/30/17)
Sera Zegre (term exp. 6/30/19)
Nancy Ganz (term exp. 6/30/18)
Edward Cordwell (term exp. 6/30/15)
Ron Justice (term exp. 6/30/17)
Marti Shamberger (term exp. 6/30/15)
Denver Allen (term exp. 6/30/17)

BOPARCThe Board of Park and Recreation Commissioners meet on the fourth Thursday of every month at 5:30 p.m. Board members are appointed by City Council for 6 year terms.

Check the updated monthly calendar to verify time, date, and location of meeting)

ARTICLE 149
Board of Park and Recreation Commissioners

149.01 Established.

149.02 Membership; term.

149.03 Vacancy.

149.04 Oath; president; vice president; secretary.

149.05 Compensation.

149.06 Office; employees.

149.07 Powers.

149.08 Use of properties.

149.09 Facilities to be maintained.

149.10 Rules and regulations; legal counsel.

149.11 Fees.

149.12 Appropriation of moneys.

CROSS REFERENCES

Authority to establish – see CHTR. Sec. 4.02
Board of Park and Recreation Commissioners – see W. Va. Code Art. 8-21

149.01 ESTABLISHED.
A Board of Park and Recreation Commissioners is hereby established. The Board shall be a public corporate body with perpetual existence and a common seal. It shall be known as the Board of Park and Recreation Commissioners of Morgantown, West Virginia. It shall have the power to receive any gift, grant, donation, bequest or devise in its own name or in the name of the City; sue and be sued; contract and be contracted with; and do any and all things and acts which may be necessary, appropriate, convenient or incidental to carry out and effectuate the purposes and provisions of this article.

(Ord. 5-19-81.)

149.02 MEMBERSHIP; TERM.
The Board of Park and Recreation Commissioners shall consist of seven members, a majority of whom shall constitute a quorum for the transaction of business. Each member of the Board must be a resident of the City. The appointment of the members thereof shall be by Council. Membership on Council shall not disqualify any member from being appointed to the Board. Two members of Council, if otherwise qualified, may be appointed to the Board. The term of the Board membership of any such member of Council so appointed shall continue during his term as a member of Council and until his successor is appointed or elected and qualified. The terms of other appointed members shall be for six years, except for the initial appointment as hereinafter stated, and until their successors have been duly appointed and qualified. Council shall appoint the members of the Board, such first appointees to serve, one for a term of six years, two for a term of four years, and two for a term of two years. The date upon which the terms of such Board members shall end shall be the 30th day of June. When any member of the Board, during his term of office, shall cease to be a resident of the City, he shall thereby be disqualified as a member of the Board and his office shall thereupon become vacant.
(Ord. 05-20. Passed 6-21-05.)

149.03 VACANCY.
When a vacancy occurs on the Board of Park and Recreation Commissioners by reason of death, resignation, change of residence from the City, expiration of the term or due to any other cause, Council shall appoint a successor or successors, or if there should be no members left on the Board, Council shall appoint successors, and in either event, the appointments shall be for the unexpired term or terms.

(Ord. 5-19-81.)

149.04 OATH; PRESIDENT; VICE PRESIDENT; SECRETARY.
(a) After appointment, the members of the Board of Park and Recreation Commissioners shall qualify by taking and filing with the Clerk of the City the oath prescribed by law for public officials, and they shall not be permitted to serve upon the Board until they have so qualified. If any member of the Board shall fail to so qualify on or before the date upon which he should assume the duties of his office, a vacancy shall exist which shall be filled as provided in Section 149.03.

(b) At the first meeting held after the first Board has been appointed, as hereinbefore provided, and thereafter at the first meeting in July of each year, the members of the Board shall organize by electing one of their number president, and another vice president and by electing a secretary who need not be a member of the Board. The secretary shall keep an accurate record of all the fiscal affairs of the Board, and shall keep a minute book in which he shall record the proceedings and transactions of each meeting of the Board. The secretary shall be paid such compensation for his services as the Board shall fix from year to year. The City Finance Director shall be ex-officio treasurer of the Board, and he shall take the oath prescribed by law and shall furnish such bond as may be required by the Board.

(Ord. 5-19-81.)

149.05 COMPENSATION.
The members of the Board of Park and Recreation Commissioners shall receive no compensation for their services but they shall be entitled to reimbursement for all reasonable and necessary expenses actually incurred in the performance of their duties as members of the Board. They shall not be personally interested, directly or indirectly, in any contract entered into by the Board, or hold any remunerative position in connection with the establishment, construction, improvement, extension, development, maintenance or operation of any of the property under their control as members of the Board.

(Ord. 5-19-81.)

149.06 OFFICE; EMPLOYEES.
Council shall furnish the Board of Park and Recreation Commissioners an office in a City building where it may hold its meetings and keep its records. The Board shall have complete and exclusive control and management of all of the properties which shall be operated in connection with the public park and recreation system for the City, and shall have power to employ such persons as, in its opinion, may be necessary for the establishment, construction, improvement, extension, development, maintenance or operation of the property under its control, at such wages or salaries as it shall deem proper, and shall have full control of all employees.
(Ord. 5-19-81.)

149.07 POWERS.
The Board of Park and Recreation Commissioners is hereby granted the power and authority to acquire in its name upon approval of Council or in the name of the City by purchase, lease or by exercise of the power of eminent domain, or otherwise, such land or lands as it shall determine to be necessary, appropriate, convenient or incidental to the establishment, construction, improvement, extension, development, maintenance or operation of a system of public parks, parkways, playgrounds, athletic fields, stadiums, swimming pools, skating rinks or arenas and other public park and recreational facilities for the City, whether of a like or different nature.

(Ord. 5-19-81.)

149.08 USE OF PROPERTIES.
The Board of Park and Recreation Commissioners is hereby empowered and authorized to take title in the name of the City, or in its own name, to all real and personal property acquired by it for the use of the public or useful to the public in the establishment, construction, improvement, extension, development, maintenance or operation of all public parks, parkways, playgrounds, athletic fields, stadiums, swimming pools, skating rinks or arenas and all other public park and recreational facilities for the City, whether of a like or different nature, and shall manage and dispose of the same as, in its opinion, will best serve the interests of the public in carrying out the purposes of this article, provided, however, that the Board shall not acquire title or dispose of land in its own name without approval of Council. The City and all other public bodies owning real property intended to be used for public parks and recreation are hereby authorized to let same for use of the Board, upon approval by Council, to be held by it for such purposes, and the Board is hereby authorized to receive the same. Nothing contained in this article shall be construed as limiting the Board from going beyond the corporate limits of the City, anywhere within the State, to lease, purchase or otherwise acquire, in the name of the City, or its name, upon approval of Council, any real property for the purposes herein set forth. The Board shall have the right to recommend the sale, upon approval by Council, such part of the real property that it may acquire by gift, devise, purchase or otherwise in its own name or the name of the City, as it may determine to be of no advantage in the establishment, construction, improvement, extension, development, maintenance or operation of the public parks, parkways, playgrounds, athletic fields, stadiums, swimming pools, skating rinks or arenas and other public park and recreational facilities, whether of a like or different nature; except that the Board shall have the power and authority to recommend such sales and conveyances of real property with approval of Council, as may be necessary, appropriate or convenient to enable the City to obtain the benefits of West Virginia Code Article 8-16 or any other similar act or legislative authorization. Under no circumstances shall any of such real property be sold or conveyed except by unanimous vote of all of the members of the Board and with approval of Council. All deeds conveying the real property of the Board shall be executed by the City, or, if in the name of the Board by its president or vice president, and shall have its seal affixed and shall be duly attested by its secretary.

(Ord. 5-19-81.)

149.09 FACILITIES TO BE MAINTAINED.
The Board of Park and Recreation Commissioners shall have the necessary, appropriate, convenient and incidental powers and authority to manage and control all public parks, parkways, playgrounds, athletic fields, stadiums, swimming pools, skating rinks or arenas and other public park and recreational facilities of all kinds used as a part of the public park and recreation system or as a means of maintaining places of beauty, education and promoting the health, property, lives, decency, morality and good order of the general public, and particularly of the inhabitants of the City and vicinity; to abate or cause to be abated all nuisances affecting same; to regulate or prohibit the selling of any article, goods, wares or merchandise within the park and recreation system so designated; to regulate or prohibit the placing of signs, billboards, posters and advertisements within the park and recreation system as so designated, or the grounds immediately adjacent thereto; to have the same kept in good order and free from obstruction for the use and benefit of the public; to restrict and prohibit vagrants, mendicants, beggars, tramps, prostitutes or disorderly individuals therefrom; to establish, construct, improve, extend, develop, maintain and operate such parks, parkways, playgrounds, athletic fields, stadiums, swimming pools, skating rinks or arenas and other public park and recreational facilities, whether of a like or different nature, on any grounds controlled by the Board; to acquire for public use by lease or otherwise lands either within or without the corporate limits of the City; to cause any public street, avenue, road, alley, way, bridle path or walkway, which is a part of the public park and recreation system, to be graded, drained and surfaced; to construct, maintain and operate all necessary sewers and water lines in connection with the public park and recreation system; and to do any and all other things or acts which may in any way be necessary, appropriate, convenient or incidental to the use and enjoyment of the public park and recreational system by the general public as a place or places of beauty, education, entertainment and recreation.

(Ord. 5-19- 81.)

149.10 RULES AND REGULATIONS; LEGAL COUNSEL.
In order to accomplish the foregoing purposes, the Board of Park and Recreation Commissioners is hereby empowered and authorized to promulgate, and amend from time to time, such rules and regulations as may be necessary, appropriate, convenient or incidental thereto. After codification of such rules and regulations, or any amendments thereto, by ordinance of Council which may provide penalties for a violation thereof, which codification is hereby authorized, the Board shall enforce the same by appropriate proceedings in any proper tribunal of this State, or any county, district or municipality thereof; and shall employ such police officers as it shall deem proper and necessary. The City Attorney shall be the official counsel for the Board and shall advise it on all legal matters, but the Board may, in its own discretion, employ other or additional counsel.

(Ord. 5-19-81.)

149.11 FEES.
The Board of Park and Recreation Commissioners may make reasonable charges to the public for the privilege of using any of the recreational facilities provided in the park and recreation system and may use the funds so received for the purpose of establishing, constructing, improving, extending, developing, maintaining or operating the park and recreation system.

(Ord. 5-19-81.)

149.12 APPROPRIATION OF MONEYS.
In carrying out the purposes of this article, the Board of Park and Recreation Commissioners is hereby empowered and authorized to receive and disburse for such purposes, any moneys appropriated to it by Council, together with any other funds which may come into its hands by gift, grant, donation, bequest, devise or from its own operation or otherwise.
(Ord. 5-19-81.)

View a copy of the BOPARC Comprehensive Plan, download the following file.

BOPARC 2002 Plan – Part 1
BOPARC 2002 Plan – Part 2

BOPARC 2008 Master Plan Update (5MB .pdf)

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