[Adopted 11-12-1991 by Ord. No. 1991-15 (Ch. 1, Part 5A, of the 1983 Code of Ordinances)]
New Freedom Borough shall join with Shrewsbury
Borough in accordance with the Pennsylvania Intergovernmental Cooperation
Act of December 19, 1996, No. 177 (53 Pa.C.S.A. § 2301 et seq.)
in an agreement to provide for mutual police protection within the
municipal limits of each municipality, which agreement entitled "Southern
Police Department Joint Municipal Agreement for Law Enforcement Services"
is approved and adopted by reference with the same effect as if it
had been set forth verbatim in this section and a copy of which shall
be filed with the minutes of the meeting at which this article is
adopted.
The President or Vice President of Borough Council
and the Secretary of Borough Council are hereby authorized and directed
to execute said agreement in duplicate on behalf of New Freedom Borough
and under its Borough Seal, and to take such other action as may be
necessary to carry out the purposes of this article in connection
with the implementation of said agreement.
As required by the Intergovernmental Cooperation
Act, the following matters are specifically found and determined:
A. The conditions of the agreement are as set forth in the proposed copy of said agreement referred to in §
42-1 above.
B. The initial term of the agreement is for a period
of two years, beginning January 1, 1992 , and ending December 31,
1993. Thereafter, either party may terminate its participation in
the agreement upon one year's prior written notice delivered to the
other party.
C. The purpose and objectives of the agreement are to
provide broader and more comprehensive police protection and law enforcement
services on a more economical basis within the municipal limits of
both Boroughs by the consolidation of said separate Police Departments
into a new joint Police Department to be known as the "Southern Police
Department," which new consolidated Police Department shall provide
police protection services throughout the municipal limits of both
Boroughs.
D. The total cost of operating and maintaining the consolidated
Police Department is to be financed by annual budget appropriations
made by each participating municipality toward such total cost in
the manner and subject to the conditions as set forth in the agreement.
E. The Southern Police Department is to be under the
general supervision and control of a joint board to be known as the
"Southern Police Commission," consisting of the Mayor of each Borough,
one elected Council member from each Borough Council, and one nonelected
resident of each Borough. The organizational structure of the consolidated
Police Department is as provided in the agreement.
F. The agreement contemplates that all of the existing
property and equipment of each Police Department shall be contributed
or transferred to the Southern Police Department. Thereafter, all
new purchases of property or equipment are to be made and disposed
of as provided in said agreement.
G. The Southern Police Commission created pursuant to
this article and the agreement shall be empowered to enter into contracts
for the purchase of property, equipment, materials and supplies, and
shall be authorized to enter into contracts for policies of group
insurance and employee benefits, including social security, for its
employees, subject to the budgetary restrictions and other provisions
contained in said agreement, and shall have all other powers and authority
as provided in said agreement and not otherwise denied to it or withheld
by the laws of the Commonwealth of Pennsylvania.
Upon the effective date of the agreement authorized
by this article, or at such time as the Southern Police Department
becomes operative as set forth in said agreement, whichever shall
occur later, the existing New Freedom Borough Police Department is
abolished and terminated and shall cease to exist as a separate Police
Department.
This article shall become effective at the earliest
date permitted by law, and the agreement referred to herein shall
be effective as of January 1, 1992.