[Ord. 738-06, 3/13/2006; as amended by Ord. No. 859-2021, 5/24/2021]
The title and background of this Part set forth above are incorporated
herein by reference.
[Ord. 738-06, 3/13/2006; as amended by Ord. No. 859-2021, 5/24/2021]
The Borough Council for the Borough of Hamburg ("Council") hereby
approves entering into the agreement, a copy of which is attached
hereto and incorporated herein by reference (and which shall be filed
with the minutes of the meeting at which this Part was enacted), with
the intent and effect that the Borough of Hamburg ("Borough") shall
be bound by the agreement.
[Ord. 738-06, 3/13/2006; as amended by Ord. No. 859-2021, 5/24/2021]
The President (or Vice President in his/her absence) of 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 the payment of the participation fee as may be due by the
participating municipalities to administer the agreement.
[Ord. 738-06, 3/13/2006; as amended by Ord. No. 859-2021, 5/24/2021]
All actions of any officer, agent or other representative of
the Borough heretofore taken in the 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.
[Ord. 738-06, 3/13/2006; as amended by Ord. No. 859-2021, 5/24/2021]
Council and/or the Borough Manager are hereby authorized to
take such other action as may be necessary or appropriate to carry
out the purposes of this Part and of the agreement.
[Ord. 738-06, 3/13/2006; as amended by Ord. No. 859-2021, 5/24/2021]
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 participating municipalities shall utilize the UCC Board of Appeals
for all appeals filed from application of the participating municipalities
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 Part 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 the payment of the participation fee by the participating
municipalities and from the payment of filing fees by applicants for
appeal; 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 managed by the Board as designated
by the County Commissioners, pursuant to the terms of the agreement.
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 m accordance with the terms of the agreement.
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.
[Ord. 738-06, 3/13/2006; as amended by Ord. No. 859-2021, 5/24/2021]
Nothing contained in this Part 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 Part.
