Kingston currently has a Board of Appeals under
the Uniform Construction Code. It is agreed that Forty Fort shall
be permitted to designate and utilize this Board of Appeals for Forty
Fort's UCC appellate matters. Forty Fort will participate in any costs
of administering this Board with Kingston as mutually agreed upon
from time to time. Additionally, Forty Fort will pay to Kingston an
anticipated stipend for the members of the Board of Appeals at the
rate of $175 per hearing day.
The following are the individual responsibilities
of each municipality:
A. 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.
B. As to the Borough of Forty Fort, Forty Fort 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 the Borough of Forty Fort.
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.
The term of this agreement shall be for a period
of one year commencing with the date of the execution hereof by the
Borough of Forty Fort 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.
This agreement may be amended only by resolution enacted by both participating municipalities. This section shall not require a resolution for either municipality to not renew the agreement or withdraw from the agreement pursuant to §
19-13 of this agreement. Withdrawal may be accomplished by a resolution of the withdrawing party.
This agreement shall be interpreted in accordance
with the laws of the Commonwealth of Pennsylvania.
The provisions of this agreement are severable,
and if any section, 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.
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.
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.
This agreement can be executed in one or more
counterparts which, when read together, shall constitute one complete
and binding agreement.