[Adopted 6-8-2006 by Ord. No. 205]
The title and background of this article set
forth above are incorporated herein by reference.[1]
[1]
Editor's Note: Said introductory matter is on file in the
Township offices.
The Board of Supervisors 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 article was enacted), with the intent and
effect that the Township shall be bound by the agreement.[1]
[1]
Editor's Note: Said agreement is on file in the Township offices.
The Chairman of the Board is hereby authorized
and directed on behalf of the Township of Maidencreek to execute and
deliver the agreement; and 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
due from the Township of Maidencreek under the agreement.
All actions of any officer, agent or other representative
of the Township of Maidencreek heretofore taken in the pursuit of
the establishment of the UCC Board of Appeals and/or the Township
of Maidencreek's participation therein are hereby ratified and approved
in all respects.
The Board of Supervisors is hereby authorized
to take such other action as may be necessary or appropriate to carry
out the purposes of this article 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 Township of Maidencreek shall utilize the UCC
Board of Appeals for all appeals filed from application of the Township
of Maidencreek's UCC ordinance 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 article and in the agreement.
D.
The manner and extent of financing the agreement are
that:
(1)
No
borrowing will he required by the Township of Maidencreek;
(2)
Funds
to implement the Township of Maidencreek'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.
Nothing contained in this article 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 article.
The Township reserves the right to withdraw
from the agreement upon reasonable notice in the future by resolution
or repealing the ordinance if the Supervisors deem that to be in the
Township's best interest.
