[HISTORY: Adopted by the Borough Council of the Borough of Kutztown 1-16-2007
by Ord. No. 1-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Code enforcement — See Ch. 11.
Appeals Boards — See Ch. 12.
Intergovernmental projects and agreements — See Ch. 37.
Construction Code — See Ch. 75.
[1]
Editor's Note: This ordinance also repealed former Ch. 20, Joint Appeals
Board, adopted 5-18-2004 by Ord. No. 11-2004.
The Borough Council hereby approves entering into the agreement, a copy
of which is attached hereto and incorporated herein by reference, with the
intent and effect that the Borough shall be bound by the agreement.[1]
[1]
Editor's Note: A copy of the agreement is on file in the Borough offices.
The President of the Borough Council is hereby authorized and directed
on behalf of the Borough:
A.
To execute and deliver the Agreement; and
B.
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,
including payment of the participation fee to Berks County on behalf of the
UCC Board of Appeals, as may be due from the Borough under the agreement.
All actions of any officer, agent or other representative of the Borough
heretofore taken in pursuit of the establishment of the UCC Board of Appeals
and/or the Borough's participation therein are hereby ratified and approved
in all respects.
The Borough Council is hereby authorized to take such other action as
may be necessary or appropriate to carry out the purposes of this chapter
and of the agreement.
As required by 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.
B.
The Borough shall utilize the UCC Board of Appeals for all appeals filed from application of Chapter 75 of the Code of the Borough of Kutztown, as set forth in the Pennsylvania Construction Code, Act 45 of 1999, for the term as set forth in the agreement.
C.
The purpose and objectives of the agreement are as set
forth in the background of this chapter and in the agreement.
D.
The manner and extent of financing the agreement are
that:
(1)
No borrowing will be required by the Borough;
(2)
Funds to implement the Borough's obligations under the
agreement shall come from normal and usual budgeted amounts for such matters;
and
(3)
Other provisions governing the manner and extent of the
financing of the UCC Board of Appeals shall be as set forth in the agreement.
E.
The UCC Board of Appeals shall be administered by the
Board of Commissioners of Berks County, or its designee.
F.
All property, real or personal, of the UCC Board of Appeals
shall be acquired, managed, licensed or disposed of by the UCC Board of Appeals
in accordance with the terms of the agreement and the rules and procedures
as may be adopted by the UCC Board of Appeals.
G.
The UCC Board of Appeals will not be entering into any
contracts.
[1]
Editor's Note: See 53 Pa. C.S.A. § 2301 et seq.
The provisions of this chapter are severable, and if any section, sentence,
clause, or part or provision hereof shall be held to be illegal, invalid or
unconstitutional by any court of competent jurisdiction, such decision of
the court shall not affect the remaining sections, clauses, parts or provisions
of this chapter. It is hereby declared to be the intent of the Borough that
such chapter would have been enacted if such illegal, invalid or unconstitutional
section, sentence, clause, part or provision had not been included herein.
All ordinances and resolutions or parts of ordinances and resolutions
conflicting herewith are hereby repealed.
Nothing contained in this chapter shall be construed to affect any suit
or proceeding in any court, or any rights acquired or liability incurred,
or any cause of action existing prior to the enactment of this chapter.
This chapter shall be effective on the earliest date permitted by law
after enactment.
