[Adopted 3-17-2008 by Ord. No. 448]
A local emergency response team comprised of various Berks County municipalities is established to provide the residents and citizens of the respective municipalities and communities with more efficient, responsive, cost effective and competent emergency response services consistent with the requirements of applicable laws and with the objectives of protecting the health, safety and welfare of municipal residents and landowners.
This article is adopted pursuant to authority granted in:
The Municipal Police Jurisdiction Act, 42 Pa.C.S.A. § 8951 et seq., as amended, or as it may be amended from time to time (the "Jurisdiction Act");
The Pennsylvania Intergovernmental Cooperation Act, Act 177 of 1996 (53 Pa.C.S.A. § 2301 et seq.), as amended, or as it may be amended from time to time (the "Cooperation Act").
The following words or phrases, when used in this article, shall have the meanings indicated:
- The Berks County Emergency Response Team created by various Berks County municipalities and other entities under and pursuant to this and similar ordinances or resolutions, as appropriate, under authority of the Jurisdiction Act.
- The Township of Muhlenberg.
Pursuant to and in accord with the above-referenced authority, the municipality is hereby authorized to become a member of and to participate in the agency.
Pursuant to and in accord with the above-referenced authority, the municipality is hereby authorized and directed to enter into the intergovernmental cooperation agreement which governs the agency and its affairs, a copy of which is attached to this article and incorporated herein by reference (the "agreement").
Editor's Note: The agreement is on file in the Township offices.
The agency created and existing under and by virtue of the authority of the Jurisdiction Act, the Cooperation Act and this article shall be comprised of representatives of the municipalities creating and participating in the agency. The participation of the municipality in the agency shall be governed and controlled by the terms and conditions of the agreement, as duly amended, the provisions of applicable Pennsylvania laws and regulations, and such other policies as may be duly adopted by the agency in accordance with the agreement.
The agency and its activities shall be operated with funds provided by the participating municipalities in accordance with the provisions of the agreement referred to above, and such other grants or funding as may be available.
The agency, and the agreement governing it, shall be for an indefinite term and dependent upon the continued participation of the various member municipalities, but in any event, not less than three years. Thereafter, participating municipalities can withdraw from the agency upon reasonable notice as provided for in the agreement.
The Chief of Police of the municipality or his designee within his department, as determined by the municipality, shall serve on the Board of Chiefs of the agency.
The governing body of the municipality shall authorize, budget, appropriate and pay in a timely manner such initial and annual fees and other necessary charges as provided for under the agreement to provide the agency with fiscal resources for its operational requirements, to the extent that such goals and objectives are consistent with and in the best interest of the municipality.
Municipal officials and employees shall cooperate fully with the agency to accomplish the goals and objectives of the agency.
The powers and duties of the agency, its officials, employees and representatives, shall be as set forth in this article, the agreement and the other laws, regulations and instruments governing its organization and operation.
All property shall be acquired, managed, or disposed of pursuant to the agreement in accordance with the terms of the agreement. No acquisition of real property or real estate is authorized.
Although there is no current authority for agency employees, in the event the agency is subsequently granted authority by the participating municipalities to hire employees, then the agency shall be empowered to enter into contracts for policies of group insurance and employee benefits for its employees.