The Council of the Borough of Ephrata hereby approves entering
into an agreement with the Borough of Akron and Ephrata Township,
Lancaster County, Pennsylvania, to fund, develop and regulate the
use of portions of a public recreation area commonly known as the
"Warwick to Ephrata Rail Trail" (agreement) under authority of the
Intergovernmental Cooperation Act of July 12, 1972, No. 180, 53 P.S.
§ 2301, et seq., which agreement including the post completion
articles set forth therein is attached hereto and is adopted by reference
with the same effect as if it had been fully set out verbatim in this
section and a copy of which shall be filed with the minutes of the
meeting at which this article was enacted, with the intent and effect
that the Borough shall be bound by the agreement.
[Added 7-14-2014 by Ord. No. 1506]
The Council of the Borough of Ephrata hereby approves entering
into the first amendment to the intergovernmental cooperation agreement,
enacted July 8, 2013, by the Borough of Ephrata, the Borough of Akron
and Ephrata Township, Lancaster County, Pennsylvania to fund, develop
and regulate the use of portions of a public recreation area commonly
known as the "Warwick to Ephrata Rail Trail" ("agreement") under authority
of the Intergovernmental Cooperation Act of July 12, 1972, No. 180,
53 P.S. § 2301, et seq., which first amendment to intergovernmental
agreement ("first amendment") revises 2014 rail trail Phase 1 specifications
and is attached hereto and is adopted by reference with the same effect
as if it had been fully set out verbatim in this section and a copy
of which shall be filed with the minutes of the meeting at which this
section was enacted, with the intent and effect that the Borough shall
be bound by the first amendment.
[Added 7-14-2014 by Ord. No. 1506]
A. The President
of Council and the Borough Secretary of the Borough of Ephrata are
hereby authorized and directed on behalf of the Borough, (i) to execute
and deliver the first amendment to the agreement and (ii) to execute
and deliver such additional instruments, and to take such further
actions, as may be necessary or appropriate to carry forth the first
amendment to the agreement and the transactions to be effected under
the first amendment to the agreement.
B. All actions
of any officer, agent or other representative of the Borough heretofore
taken in the pursuit of the first amendment to the agreement and/or
Akron Borough or Ephrata Township's participation therein, are hereby
ratified and approved in all respects.
C. The Council
of the Borough of Ephrata is hereby authorized to take such other
action as may be necessary or appropriate to carry out the purposes
of this section and of the first amendment to the agreement.
Pursuant to the provisions of the Pennsylvania Intergovernmental
Cooperation Act, the following matters are specifically found and determined:
A. The conditions of the agreement are set forth in the agreement and
its post completion articles.
B. The term of the development portion of the agreement shall be two
years and the term of the duties of the post completion articles portion
of the agreement is indefinite, representing the continuing postdevelopment
obligations of the participating municipalities.
C. The purpose and objectives of the agreement are to fund, develop
and regulate the use of portions of a public recreation area commonly
known as the "Warwick to Ephrata Rail Trail" within the corporate
limits of the Borough of Ephrata, the Borough of Akron and Ephrata
Township to the extent and in the manner as set forth in the agreement.
D. The agreement will be financed from a Pennsylvania Department of
Conservation and Natural Resources Grant (DCNR grant), the revenues
of the Borough of Ephrata, the Borough of Akron and Ephrata Township
together with such other fees, grants and assistance monies as shall
become available from time to time in accordance with the terms of
the agreement.
E. The Borough of Ephrata, Borough of Akron and Ephrata Township shall
serve as the organizational structure by which the agreement shall
be implemented.
F. Any property, real or personal, acquired, managed, licensed or disposed
of pursuant to the agreement shall be done so in accordance with the
requirements of Act 581 of 1965, P.L. 1656; 53 P.S. § 45101
et seq., the Borough Code, and all other applicable procurement laws
of the Commonwealth of Pennsylvania and the terms of the agreement.
G. The Borough of Ephrata is empowered to enter into contracts for purposes
set forth in the agreement.