[Adopted 11-2-2009 by Ord. No. 258-2009]
A.
Pursuant to the Second Class Township Code ("Township Code"), Act
of February 1, 1966, P.L. 1656, § 1202(35), 53 P.S. § 65101
et seq., as amended, and the Intergovernmental Cooperation Act (the
"Intergovernmental Cooperation Act"), 53 Pa.C.S.A. § 2301
et seq., the Township of Bern may agree with the authorities of an
adjacent township or borough for the furnishing of mutual police protection
assistance.
B.
Said Township Code, the Intergovernmental Cooperation Act and other
applicable Pennsylvania laws authorize a Second Class Township to
conduct certain law enforcement activities outside of its corporate
boundaries, to accept police protection aid and assistance from other
municipal governments and to enter into cooperative agreements with
other municipal governments for police protection.
C.
The Township of Bern wishes to enter into a proposed "Police Mutual
Aid Agreement" (the "Agreement"), a copy of which is made a part hereof
by reference thereto,[1] with the Township of Muhlenberg, the Township of Ontelaunee;
the Township of Maidencreek and the Borough of Leesport (the "adjacent
municipalities"), all located in Berks County, Pennsylvania, to set
forth the terms to be made applicable to the provision of police protection
and mutual aid.
[1]
Editor's Note: Said Agreement is on file in the Township
offices.
D.
The Township of Bern is willing to provide police protection assistance
to, and to accept such assistance from, the adjacent municipalities,
and finds that doing so is in the public interest and will improve
public safety.
The Township of Bern, through its Police Department, shall provide
to the adjacent municipalities police protection services upon the
terms and conditions, and for the period or periods of time, set forth
in the Agreement. The Township of Bern, through its Police Department,
may accept police protection services from the adjacent municipalities
upon the terms and conditions, and for the period or periods of time,
set forth in the Agreement.
The appropriate officers of the Township of Bern be and hereby
are authorized to enter into and execute the Agreement.
The Township of Bern does hereby approve and authorize the jurisdictional
provisions of the Agreement with respect to:
Either the Township of Bern or any of the adjacent municipalities
may withdraw from and terminate their participation in the Agreement
upon written notice to each of the other municipal parties, under
the terms, conditions and notice provisions set forth in Section 3.3
of the Agreement relating to termination.
The proper officials of the Township of Bern are hereby authorized
and empowered to take such additional action as they may deem necessary
or appropriate to implement the Agreement and this part.
As required by the Intergovernmental Cooperation Act, the following
matters are specifically found and determined:
A.
The conditions of the agreement are set forth in the Agreement.
B.
The term of the Agreement, as provided in Section 3.3 thereof, continues
in effect for one year after the effective date (as defined therein),
subject to automatic annual renewals.
C.
The purpose and objectives of the Agreement are to enter into an
intergovernmental contract to provide for police mutual aid among
the Township and the adjacent municipalities.
D.
The financial terms of the Agreement are set forth in Sections 2.4
through and including 2.10 of the Agreement.
E.
No new organizational structure is necessary to implement the Agreement,
except to the extent that certain notice, jurisdiction and other matters
are addressed in the Agreement.
F.
The Agreement contains no provisions applicable to the ownership
of property by the respective parties.
G.
Each municipality shall continue to have the power to separately.
enter into contracts for policies of insurance or employee benefits.
A.
The provisions of this article shall be severable, and if any provisions
shall be held to be unconstitutional or illegal, such decision shall
not affect the validity of any remaining provisions of this article.
It is hereby declared that it is the legislative intent that this
article would have been adopted had such unconstitutional or illegal
provision not been included.
B.
All ordinances or parts of ordinances inconsistent with the provisions
of this article be and the same are hereby repealed.
