[Adopted 12-13-2021 by Ord. No. 2021-04]
The purpose of the memorandum of understanding, a copy of which is attached to this article and incorporated herein by reference (the "MOU"),[1] 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.
[1]
Editor's Note: Said memorandum is on file in the Township offices.
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.
A. 
The Chair of the Board of Supervisors of Lancaster Township is hereby authorized and directed on behalf of the municipality:
(1) 
To execute and deliver the MOU; and
(2) 
To execute and deliver such additional instruments, and to take such further actions, as may be necessary or appropriate to carry forth the MOU and the transactions to be effected under the MOU.
B. 
All necessary and appropriate actions of any officer, agent or other representative of the municipality heretofore taken in the pursuit of the MOU and/or the municipality's participation therein are hereby ratified and approved in all aspects.
C. 
The Board of Supervisors of Lancaster Township is hereby authorized to take such other action as may be necessary or appropriate to carry out the purposes in this article and of the MOU.
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.