The purpose of the memorandum of understanding, a copy of which
is attached to this article and incorporated herein by reference (the
"MOU"), is to provide for the cooperation of the municipality
with certain other municipalities with respect to the payment of costs,
contribution of services, and/or pursuit of funding necessary for
the 30% preliminary design and permit application component of the
Little Conestoga Creek Blue/Green Corridor project (the "project"),
as further delineated on Exhibit B of the MOU (the "preliminary design
component"). The costs and funding for the preliminary design component
of the project will be used to fund design, engineering, and consulting
work and services required to prepare a multi-site, project-based
permit for the project and to clarify future construction and maintenance
of the project.
This article is adopted pursuant to authority granted in the
Pennsylvania Intergovernmental Cooperation Act, Act 177 of 1996, 53
Pa.C.S.A. § 2301 et seq., as amended, or as it may be amended
from time to time.
Pursuant to and in accordance with the above-referenced authority,
the municipality is hereby authorized and does hereby declare its
intention to enter into the MOU with the Little Conestoga Creek Foundation,
East Hempfield Township, City of Lancaster, and Manheim Township (collectively,
the "MOU participants"), which governs the MOU participants, and the
implementation of the preliminary design component of the project,
in accordance with the authority granted in the above-referenced laws
and this article.
As required by the Pennsylvania Intergovernmental Cooperation
Act, 53 Pa.C.S.A. § 2307, the following matters are specifically
found and determined:
A. The conditions of the MOU are set forth in the MOU.
B. The municipality shall participate in the MOU for an indefinite term,
or may withdraw at any time upon written notice to the other MOU participants.
C. The purpose and objectives of the MOU are set forth in the MOU. The
MOU delegates certain authority of the MOU participants to the Little
Conestoga Creek Foundation, as further set forth in Section 2 of the
MOU.
D. The MOU will require the municipality to contribute financing and/or
services to the project as further identified in the MOU. The date
by which financing is to be contributed to the project is December
31, 2021.
E. No organizational structure will be necessary to implement the MOU.
F. No property, real or personal, shall be acquired, managed, licensed
or disposed of pursuant to the MOU except as described in Section
1D of the MOU.
G. Contracts will not be empowered pursuant to the terms of the MOU.
Any ordinance or parts of ordinances conflicting with the provisions
of this article are hereby repealed insofar as they are inconsistent
with this article's provisions.
If any article, section, subsection, provision, regulation,
limitation, restriction, sentence, clause, phrase or word in this
article is for any reason declared to be illegal, unconstitutional
or invalid, by any court of competent jurisdiction, this decision
shall not affect or impair the validity of the article as a whole,
or any other article, section, subsection, provision, regulation,
limitation, restriction, sentence, clause, phrase, word, or remaining
portion of the within article. The Board of Supervisors of Lancaster
Township, Lancaster County, Pennsylvania, hereby declares that it
would have adopted the within article and each article, section, subsection,
provision, regulation, limitation, restriction, sentence, clause,
phrase and word thereof, irrespective of the limitations, restrictions,
sentences, clauses, phrases, or word that may be declared illegal,
unconstitutional or invalid.
This article shall become effective at the earliest date permitted
by law.
The Code of Ordinances, as amended, of Lancaster Township, Lancaster
County, Pennsylvania shall be and remain unchanged and in full force
and effect except as amended, supplemented, and modified by this article.
This article shall become a part of this Code of Ordinances upon adoption.