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12 Pa. Code § 51.12. Resolutions of governing bodies.

§ 51.12. Resolutions of governing bodies.

 (a)  Agencies shall be designated by resolution of the board of county commissioners, except in first class counties, as the organization representing the entire county under this program. It is necessary that the governing bodies of townships, towns, boroughs or cities representing a total of 50% or more of the population of the county, as determined by the latest decennial United States Census, concur in the resolution. A suggested county resolution form is attached hereto and made a part of this regulation as Exhibit A. Similarly, a suggested concurring resolution form is attached hereto and made a part of this regulation as Exhibit B.

EXHIBIT A
RESOLUTION OF THE BOARD OF
COMMISSIONERS OF THE COUNTY
OF
, PENNSYLVANIA

   RESOLUTION NO.

…DATE OF ADOPTION

   WHEREAS, the General Assembly of the Commonwealth of Pennsylvania has enacted the Industrial Development Assistance Law (Act of May 31, 1956, being Act No. 635 of the 1955 Regular Session) for the purpose of promoting the welfare of the people of the Commonwealth by the rendering of financial assistance to industrial development agencies engaged in promoting the development and expansion of business, industry and commerce in the respective counties of the Commonwealth; and WHEREAS, pursuant to the provisions of the Industrial Development Assistance Law only one such industrial development agency shall be designated and qualified in each county to receive such financial assistance in accordance with the provisions of said law; and  WHEREAS, to so qualify for such financial assistance an industrial development agency must be designated for that purpose by the Board of County Commissioners of the county which such industrial development agency is to represent and such designation must be concurred in by resolutions of the governing bodies of cities, boroughs, towns or townships within the respective county having in the aggregate over 50 per centum of the population of said county; and  WHEREAS, (insert name of nonprofit corporation, organization, association or agency which is to be designated industrial development agency) with its principal office at (address of agency) has requested that the Board of Commissioners of the County of

, Pennsylvania designate it as the industrial development agency to represent the said county for the purposes of the Industrial Development Assistance Law; and  WHEREAS, it having been found that (insert name of nonprofit corporation, organization, association or agency which is to be designated industrial development agency) is a duly constituted industrial development agency as that term is defined in the Industrial Development Assistance Law.  NOW THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED,

   Section 1. That, subject to the concurrence by proper resolution of the governing bodies of such cities, boroughs, towns, or townships within the County of

having in the aggregate over 50 per centum of the population of said county, the (insert name of nonprofit corporation, organization, association or agency which is to be designated industrial development agency) is hereby designated as the Industrial Development Agency for the County of
with full power and authority to represent said County in all matters relevant to and for all purposes of the Industrial Development Assistance Law.  Duly adopted at a regular meeting of the Board of Commissioners of the County of
held
, 19
.

CERTIFICATE

   I, the undersigned, being the Chief Clerk of the Board of Commissioners of the County of

Pennsylvania, do hereby certify that the foregoing is a true and correct copy of a resolution duly adopted at a regular and lawful meeting of said Board held
19
, as the same appears on the minutes of said Board in its Minute Book Volume.
 WITNESS my hand this
day of
19
.

Chief Clerk
 (SEAL OF THE COUNTY OF   )

EXHIBIT B


   RESOLUTION NO.

…DATE OF ADOPTION

   RESOLUTION OF THE (COUNCIL) (BOARD OF COMMISSIONERS) (BOARD OF SUPERVISORS) OF THE (CITY) (BOROUGH) (TOWN) (TOWNSHIP) OF

CONCURRING IN THE RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF
, PENNSYLVANIA, DESIGNATING (INSERT NAME OF NONPROFIT CORPORATION, ORGANIZATION, ASSOCIATION OR AGENCY WHICH IS TO BE DESIGNATED INDUSTRIAL DEVELOPMENT AGENCY) AS THE INDUSTRIAL DEVELOPMENT AGENCY FOR THE COUNTY OF
IN ALL MATTERS RELEVANT TO AND FOR ALL PURPOSES OF THE INDUSTRIAL DEVELOPMENT ASSISTANCE LAW.

   WHEREAS, by Resolution No.

dated
the Board of Commissioners of the County of
, Pennsylvania has designated (Insert name of nonprofit corporation, organization, association or agency which is to be designated Industrial Development Agency) as the Industrial Development Agency to represent the County of
in all matters relevant to and for all purposes of the Industrial Development Assistance Law; and

   WHEREAS, (Insert name of nonprofit corporation, organization, association or agency which is to be designated Industrial Development Agency) may only act as the Industrial Development Agency for the County of

upon concurrence in the above stated Resolution of the Board of Commissioners of the County of
by the governing bodies of (Cities) (Boroughs) (Towns) (Townships) within the county having in the aggregate over 50 per centum of the population of said County; and
 WHEREAS, the (Council) (Board of Commissioners) (Board of Supervisors) of the (City) (Borough) (Town) (Township) of
desires that the (Insert name of nonprofit corporation organization, association or agency which is to be designated Industrial Development Agency) act as the Industrial Development Agency for the County of
, Pennsylvania.
 NOW, THEREFORE, BE IT RESOLVED and it is hereby resolved,
 Section 1. That the (Council) (Board of Commissioners) (Board of Supervisors) of the (City) (Borough) (Town) (Township) of
concurs in Resolution No.
dated
of the Board of Commissioners of the County of
and hereby approves the designation of (Insert name of nonprofit corporation, organization, association or agency which is to be designated Industrial Development Agency) as the Industrial Development Agency to represent the County of
in all matters relevant to and for all purposes of the Industrial Development Assistance Law.

CERTIFICATE

   I, the undersigned, being the Secretary of the (Council) (Board of Commissioners) (Board of Supervisors) of the (City) (Borough) (Town)(Township) of

, Pennsylvania, do hereby certify that the foregoing is a true and correct copy of a Resolution duly adopted at a regular and lawful meeting of said (Council) (Board of Commissioners) (Board of Supervisors) held
, 19
, as the same appears on the minutes of said (Council) (Board of Commissioners) (Board of Supervisors).
 WITNESS my hand this
day of
, 19
.
 

Secretary 
 (SEAL OF THE (CITY) (BOROUGH) (TOWN) (TOWNSHIP))

 (b)  In the case of the first class counties, agencies shall be designated only by resolution of the governing bodies of townships, towns, boroughs or cities representing a total of 50% or more of the population of the county, as determined by the latest decennial United States Census.

Source

   The provisions of this §  51.12 adopted September 29, 1972, effective September 30, 1972, 2 Pa.B. 1795.


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