[Adopted 9-12-2019 by Ord. No. 03-2019]
This article is enacted pursuant to authority granted in the
Pennsylvania Intergovernmental Cooperation Act, Act 177 of 1996 (53
Pa.C.S.A. § 2301 et seq.), as amended, the Pennsylvania
Borough Code, Section 1202(24), 8 Pa.C.S.A. § 1202(24),
and the First Class Township Code (53 P.S. § 56801), as
amended, the Pennsylvania First Class Township Code, Section 1801.
The Borough Council/Township Board of Commissioners hereby approves
entering into the "Intergovernmental Cooperation Agreement for School
Resource Officer Jurisdiction" (herein "agreement") between the Borough
of Boyertown and Township of Colebrookdale in substantially the form
attached to this article as Exhibit A,[1] and authorizes and directs the President of the Borough
Council and the President of the Board of Commissioners to execute
and the Secretary of each body to attest such agreement.
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
The conditions of the agreement are as provided for therein
attached hereto as Exhibit A.
The initial term of the agreement shall commence upon full execution
and delivery thereof and end one year from the effective date and
shall automatically renew for one year until either party terminates
its participation in the agreement or the School Resource Officer
Agreement is terminated.
The Borough of Boyertown and Township of Colebrookdale have
negotiated an agreement whereby and whereunder the municipalities
agree that a School Resource Officer of the Borough of Boyertown assigned
to the Boyertown Area Senior High School shall exercise jurisdiction
in the Colebrookdale Township portion of the Boyertown Area School
District's property known as the Boyertown Area Senior High School
and shall further enjoy the mutual aid and mutual assistance of police
officers from both the Borough of Boyertown and Township of Colebrookdale
in various circumstances, including, but not limited to, emergencies
pursuant to the Police Mutual Aid Agreement of 2018,[1] as may be amended.
The financial terms of the agreement are set forth in Article
3 of the agreement.
The Borough and Township and their respective Police Departments
shall remain separate entities. The School Resource Officer shall
be an employee of the Borough of Boyertown.
No transfer of ownership of personal or real property or real
estate is authorized. Any personal property acquired for the Boyertown
Police Department shall be acquired pursuant to the Pennsylvania and
Boyertown Borough Code and shall remain the property of the Borough
of Boyertown unless otherwise provided. Any personal property acquired
for the Colebrookdale Township Police Department shall be acquired
pursuant to the Pennsylvania First Class Township Code[1] and Ordinances of Colebrookdale Township and shall remain
the property of Colebrookdale Township unless otherwise provided.
[1]
Editor's Note: See 53 P.S. § 55101 et seq.
No new entity has been created by the agreement that would require
employees. The employees involved in the agreement shall remain the
employees of their respective municipalities.
All ordinances or parts of ordinances conflicting or inconsistent
herewith are hereby repealed.
If any article, section, subsection, provision, regulation,
limitation, restriction, sentence, clause, phrase or word in this
article is for any reason declared to be illegal, unconstitutional
or invalid by any court of competent jurisdiction, this decision shall
not affect or impair the validity of the article as a whole or any
other article, section, subsection, provision, regulation, limitation,
restriction, sentence, clause, phrase, word, or remaining portion
of the within article. The Borough Council of the Borough of Boyertown
and the Board of Commissioners of the Township of Colebrookdale, Berks
County, Pennsylvania, hereby declare that they would have adopted
the within article, and each article, section, subsection, provision,
regulation, limitation, restriction, sentence, clause, phrase and
word thereof, irrespective of the limitations, restrictions, sentences,
clauses, phrases, or word that may be declared illegal, unconstitutional
or invalid.
This article shall become effective at the earliest date permitted
by law following the date of its enactment.
