[Adopted 7-8-2013 by Ord. No. 1495]
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.
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 agreement including the post completion articles set forth therein; 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 agreement and the transactions to be effected under the agreement.
B. 
All actions of any officer, agent or other representative of the Borough heretofore taken in the pursuit of 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 article and of the agreement.
[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,[1] 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.
[1]
Editor's Note: See 53 P.S. § 2301 et seq.
A. 
The Borough shall ensure that, throughout its useful life, the trail is: 1) maintained properly and in accordance with applicable state and local requirements; 2) kept in reasonable repair so as to prevent undue deterioration and dangerous conditions and to encourage public use; and 3) kept open and accessible to the public at reasonable hours and times of the year consistent with the nature and intended use of the site.
B. 
The Borough's responsibilities under this article with respect to the trail continue beyond the grant agreement period.
C. 
The Borough shall ensure that no person will be denied access to or use of the trail on the basis of race, color, religion, ancestry, income, national origin, age, or sex.
D. 
Fees charged to nonresidents for access to or use of the trail may not exceed twice that charged to residents. Where no fee is charged for residents but a fee is charged to nonresidents, the fee may not exceed that charged at comparable sites or facilities.
E. 
The Borough shall not discriminate in making any publications, databases, software, or other products or services developed under the DCNR grant agreement available to the public. Specifically, prices or fees charged to nonresidents may not exceed fair market value.
F. 
Ownership, control, or interest in the site shall not be transferred from or by the Borough without prior written approval of the DCNR. The Borough shall comply with all conditions of DCNR grant approval.
G. 
The trail shall not be converted to any use or purposes other than for project activities without prior written approval of the DCNR.
H. 
The trail shall not be converted to any uses or purposes that are inconsistent with the legislation authorizing the DCEP grant.