The Town Council of the Municipality of Kingston does
hereby adopt an ordinance approving the attached intergovernmental
cooperation agreement with the Borough of Larksville.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Execution in counterparts. This agreement can be executed
in one or more counterparts which, when read together, shall constitute
one complete and binding agreement.