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Authorizing the Water Commissioner, on behalf of the City, to enter into an agreement between the City and the Philadelphia Redevelopment Authority (“PRA”) for the PRA to act as the City’s agent to include and incorporate Philadelphia Water Department-identified green stormwater infrastructure projects (the "Stormwater Infrastructure") in certain construction and improvement projects in and around the City on properties owned by the City (the "City Projects"), including, with the prior written consent and approval of the District Council Person where the Rebuild Project is located, those projects arising out of the City's "Rebuilding Community Infrastructure" or "Rebuild" Program, and on properties owned by the PRA ("PRA Projects") (the City Projects and PRA Projects, together, the "Construction Projects") from the design phase to construction completion in an efficient manner, under certain terms and conditions.
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WHEREAS, The PRA acts as agent for the City pursuant to a separate Agency Agreement in carrying out the City Projects and the City grants certain capital funding (the "City Funding") to the PRA in accordance with individual project requirements; and
WHEREAS, The PRA manages and oversees the City Projects and uses the City Funding to pay for the City Projects; and
WHEREAS, Pursuant to § 6.1 of the Redevelopment Cooperation Law, Act of May 24, 1945, P.L. 982, § 6.1; added by the Act of January 19, 1968, P.L. (1967) 987, § 2; 35 P.S. § 1746.1, the City may designate and appoint the PRA its agent to perform any specified activity that the City is authorized by law to perform, so long as such activity is in furtherance of the public purposes specified in the Urban Redevelopment Law (the "URL"); and
WHEREAS, The PRA and the City desire to enter into a Cooperation Agreement (the "Agreement") wherein the City will designate the PRA as the City's agent to include and incorporate the Stormwater Infrastructure in the Construction Projects from the design phase to construction completion in an efficient manner, and to perform other services requested by the City related to the Stormwater Infrastructure; and
WHEREAS, The incorporation of the Stormwater Infrastructure into the Construction Projects furthers the public purposes specified in the URL and, therefore, the Redevelopment Cooperation Law authorizes the Agreement; and
WHEREAS, The Redevelopment Cooperation Law requires that the Council of the City of Philadelphia approve the Agreement; now, therefore,
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. The City, acting through the Water Commissioner, is authorized to enter into a Cooperation Agreement pursuant to the Redevelopment Cooperation Law to designate and appoint the Philadelphia Redevelopment Authority to be its agent to carry out the purposes of this Ordinance; provided however, that the Cooperation Agreement authorized by this ordinance shall not authorize the designation of PRA as the City’s agent to include and incorporate the Stormwater Infrastructure in projects arising out of the City’s “Rebuilding Community Infrastructure” or “Rebuild” program, unless and until the Water Commissioner has additionally obtained separate, prior written approval for such designation from the District Council Person representing the area of the City where the project is located.
SECTION 2. The City Solicitor is authorized to review and approve all documents necessary to undertake and complete the redevelopment authorized by this Ordinance. The City Solicitor is further authorized to include in those documents provisions that the City Solicitor deems necessary and desirable to protect the interests of the City.
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