(A) The city, acting through its City Council and with the cooperation of the City of Meadville of the County of Crawford, Pennsylvania and other interested municipalities in Crawford County and Erie County, Pennsylvania (the “municipalities”), has determined that the commercial and economic prosperity of the city and the greater Northwestern Pennsylvania region will be assured and advanced by the creation of an authority pursuant to the provisions of the Municipality Authorities Act, 53 Pa.C.S. §§ 5301 et seq., as amended (the “Act”).
(B) The city has determined to enter into an agreement with and among the other municipalities concerning the acquisition, maintenance, construction and operation of certain railway lines, buildings and facilities, and the city has convened and agreed to form the authority as provided in the Act.
(C) The city desires to signify its intention to create and organize the Northwest Pennsylvania Rail Authority (the “authority”) in accordance with the Act.
(D) The city finds that the Act specifies, inter alia, that the city and the other municipalities may organize the authority for the purpose of acquiring, holding, construction, financing, improving, maintaining and operation, owning, leasing, either in the capacity of lessor or lessee, or financing, projects devoted wholly or partially for public use relating to transportation and all facilities necessary or incident thereto.
(E) The city deems it advisable that its citizens be provided with continued rail service through a rail system to be owned and operated by the authority.
(F) As provided in the Act, this authority will fix, alter, charge and collect all fees and other charges at reasonable and uniform rates to be determined exclusively by it, for the purpose of providing for the payment of the expenses of the authority, the construction, improvement, repair, maintenance and operation of its facilities and properties, and to fulfill the terms and obligations of any agreements made with or holders of any such obligation, or with the city and other municipalities, or any other municipalities served or to be served by the authority, and to determine by itself exclusively the services and improvements required to provide safe, reasonable and adequate service to the areas served by the authority.
(G) It is desirable for the benefit of the commerce, health, safety and prosperity of the people of the city to organize the authority with all powers granted to authorities under the Act, for the purposes set forth in the articles of incorporation of the authority and for the purpose of acquiring, holding, constructing, financing, improving, maintaining and operation, owning, and leasing, either in the capacity of lessor or lessee, projects devoted wholly or partially for use relating to railway transportation and distribution systems.
(H) The city reserves the right under this section and as provided under the Act, to from time to time hereafter by subsequent ordinance or resolution and in cooperation with the other municipalities, specify the projects to be undertaken by the authority by limiting or expanding the powers of such authority.
(I) A duly advertised public hearing was held on October 3, 1994, at which comments were sought from the citizens of the city regarding the formation of the authority.
(J) The city, under and pursuant to the provisions of the Municipality Authorities Act, 53 Pa.C.S. §§ 5301 et seq., as amended, does hereby signify its intent to organize and create together with the City of Meadville and other interested municipalities along the line, a municipal authority to be known and designated as the Northwest Pennsylvania Rail Authority.
(K) Appropriate city officials are hereby authorized and directed to prepare complete and file articles of incorporation for the Northwest Pennsylvania Rail Authority in substantially the same form as attached to the ordinance codified herein as Exhibit A.
(Ord. 1379, passed 10-17-1994; Ord. 1383, passed 12-19-1994)