Township of Muhlenberg, PA
Berks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Muhlenberg 4-19-2010 by Ord. No. 485. Amendments noted where applicable.]
GENERAL REFERENCES
Berks County Emergency Response Team — See Ch. 18, Art. I.
Police — See Ch. 29.
Police Pension Plan — See Ch. 31.
A. 
Pursuant to the First Class Township Code ("First Class Township Code"), Act of June 24, 1931, P.L. 1206, §§ 1502(53) and 1529(54), 53 P.S. §§ 56553 and 56554, as amended, and the Intergovernmental Cooperation Act (the "Intergovernmental Cooperation Act"), 53 Pa.C.S.A. § 2301, et seq., the Township of Muhlenberg may agree with the authorities of other local governments for the furnishing of mutual police protection assistance.
B. 
Said First Class Township Code, the Intergovernmental Cooperation Act and other applicable Pennsylvania laws authorize a first 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 Muhlenberg 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 Bern, 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 mutual aid.
[1]
Editor's Note: Said agreement is on file in the Township offices.
D. 
The Township of Muhlenberg 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.
E. 
The Township of Muhlenberg also wishes to enter into the agreement with other municipalities, which agree to enter into the agreement with Muhlenberg, subject to the adoption of a resolution by the Board of Commissioners of Muhlenberg Township accepting such other municipality or municipalities into the agreement.
The Township of Muhlenberg, 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 Muhlenberg, 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 Muhlenberg be and hereby are authorized to enter into and execute the agreement and any amendment to the agreement approved by resolution of the Board of Commissioners as provided in § 30-1E.
The Township of Muhlenberg does hereby approve and authorize the jurisdictional provisions of the agreement with respect to the jurisdiction and authority of the Township of Muhlenberg police officers when providing assistance in any of the adjacent municipalities and the jurisdiction and authority of the police officers of the adjacent municipalities when providing assistance to the Township of Muhlenberg, and likewise do to any other municipality which joins the agreement as provided in § 30-1E.
Either the Township of Muhlenberg or any of the adjacent municipalities, and any other municipality which has joined in the agreement as provided in § 30-1E, 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 Muhlenberg are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement the agreement and this article.
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 of Muhlenberg 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 are hereby repealed.
[Added 8-15-2011 by Ord. No. 497]
A. 
Pursuant to the First Class Township Code ("First Class Township Code"), Act of June 24, 1931, P.L. 1206, §§ 1502(53) and 1529(54), 53 P.S. §§ 56553 and 56554, as amended, and the Intergovernmental Cooperation Act (the "Intergovernmental Cooperation Act"), 53 Pa.C.S.A. § 2301 et seq., the Township of Muhlenberg may agree with the authorities of other local governments for the furnishing of mutual police protection assistance.
B. 
Said First Class Township Code, the Intergovernmental Cooperation Act and other applicable Pennsylvania laws authorize a first 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 Muhlenberg 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 Borough of Laureldale (the "adjacent municipality"), located in Berks County, Pennsylvania, to set forth the terms to be made applicable to the provision of police protection mutual aid.
[1]
Editor's Note: Said agreement is on file in the Township offices.
D. 
The Township of Muhlenberg is willing to provide police protection assistance to, and to accept such assistance from, the adjacent municipality, and finds that doing so is in the public interest and will improve public safety.
The Township of Muhlenberg, through its Police Department, shall provide to the adjacent municipality police protection services upon the terms and conditions, and for the period or periods of time, set forth in the agreement. The Township of Muhlenberg, through its Police Department, may accept police protection services from the adjacent municipality 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 Muhlenberg be and hereby are authorized to enter into and execute the agreement.
The Township of Muhlenberg does hereby approve and authorize the jurisdictional provisions of the agreement with respect to:
A. 
The jurisdiction and authority of the Township of Muhlenberg police officers when providing assistance in any of the adjacent municipality; and
B. 
The jurisdiction and authority of the police officers of the adjacent municipality when providing assistance to the Township of Muhlenberg.
Either the Township of Muhlenberg or the adjacent municipality may withdraw from and terminate its participation in the agreement upon written notice to the other municipal party, under the terms, conditions and notice provisions set forth in Section 3.3 of the agreement[1] relating to termination.
[1]
Editor's Note: Said agreement is on file in the Township offices.
The proper officials of the Township of Muhlenberg are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement the agreement and this article.
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 of Muhlenberg and the adjacent municipality.
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 are hereby repealed.