Municipality of Kingston, PA Article IV Joint Appeals Board with Borough of Larksville

[Adopted 10-3-2005 by Ord. No. 2005-8]

§ 19-8 Agreement approved.

A. The Town Council of the Municipality of Kingston does hereby adopt an ordinance approving the attached intergovernmental cooperation agreement with the Borough of Larksville.

B. The execution of the attached agreement by the Mayor and Secretary of the Municipality of Kingston is approved.

§ 19-9 Terms of agreement.

A. Utilization of the Kingston Municipal Uniform Construction Code Hearing Board. Kingston presently has a Board of Appeals under the Uniform Construction Code. It is agreed that Larksville shall be permitted to designate and utilize this Board of Appeals for Larksville's UCC appellate matters. Larksville will participate in any costs of administering this Board with Kingston as mutually agreed upon from time to time. Additionally, Larksville will pay to Kingston an anticipated stipend for the members of the Board of Appeals at the rate of $175 per hearing day.

B. Responsibilities of municipalities. The following are the individual responsibilities of each municipality:

(1) Drafting and enacting an ordinance that ratifies the municipality's participation in the Joint Code Enforcement Program and authorizing the entry into this agreement in accordance with the requirements of the Intergovernmental Cooperation Act.

(2) As to the Borough of Larksville, Larksville shall indemnify and hold the Municipality of Kingston harmless from lawsuits claimed or asserted against the Board of Appeals or the Municipality of Kingston pertaining to those actions or claims emanating from matters involving Larksville Borough.

C. Fines/permit fees. Each municipality shall, at its sole cost and expense, pay for the costs of administering the UCC within its municipality. Any fines or penalties recovered by a municipality for a violation of its ordinances shall be the sole property of the prosecuting municipality. Similarly, any permit fees shall be the sole property of the municipality where the work is being performed.

D. Duration of agreement. The term of this agreement shall be for a period of one year commencing with the date of execution hereof by Larksville Borough and the Municipality of Kingston. This agreement shall be automatically renewed for an additional term of one year at the conclusion of the initial term and each renewal thereafter unless, at least 90 days prior to expiration, the municipality which does not desire to renew the agreement gives written notice of such refusal to renew to the other municipality in writing. Notwithstanding the foregoing, either municipality can withdraw from this agreement upon good cause shown provided that 90 days' written notice shall be given to the other party.

E. Amendment. This agreement may be amended only by ordinance enacted by both participating municipalities. This section shall not require an ordinance for either municipality to not renew the agreement or withdraw from the agreement pursuant to Subsection D of this agreement. Withdrawal may be accomplished by a resolution of the withdrawing party.

F. Interpretation. This agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania.

G. Severability. The provisions of this agreement are severable, and if any section, sentence, clause, 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 or impair the remaining sections, sentences, clauses, parts or provisions of this agreement. It is hereby declared to be the intent of the governing bodies of each participating municipality that this agreement would have been entered into if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.

H. Construction. When the sense so requires, words of any gender used in this agreement shall be held to include any other gender, and words in the singular number shall be held to include the plural, and vice versa.

I. Administration. Each municipality shall designate one or more persons as being responsible for the administration of the provisions of this agreement including but not limited to scheduling inspections and enforcement work, payment of code officials for services rendered and coordination of appeal hearings.

J. Execution in counterparts. This agreement can be executed in one or more counterparts which, when read together, shall constitute one complete and binding agreement.