[Ord. 153, 9-19-1994; as amended by Ord. 286, 10-19-2009, § 1]
The Township of Lower Heidelberg, Berks County, Pennsylvania,
(Township) hereby recognizes the Western Berks Fire Department (Fire
Company or Fire Department) which has been organized by various municipalities
pursuant to an intergovernmental cooperation agreement. No other organization
dedicated to the fighting of fires is authorized to operate within
the Township.
[Ord. 153, 9-19-1994, § 3; as amended by Ord. 286, 10-19-2009, § 2]
The Fire Company is hereby given all power, so far as the Township
has power to grant the same, to enact such rules and regulations for
the management and government of individual members thereof as shall
be necessary for the proper maintenance and control of the Fire Company,
as may be limited by the Township's adoption and amendment of
the governing documents of the Fire Company, including but not limited
to the Fire Company Bylaws. Neither the grant of the aforesaid power
nor the recognition set forth in § 101 shall be construed
as constituting the Fire Company as an agent, department, or employee
of the Township except insofar as such effect is provided under the
provisions of the Act of June 2, 1915, P.L. 736, No. 338, as amended,
known as the "Pennsylvania Workers' Compensation Act" or the
Act of November 26, 1978, P.L. 1399, No. 330, known as the "Political
Subdivision Tort Claims Act."
[Ord. 153, 9/19/1994, § 3]
The members of the Fire Company may elect from their number
such officers as may be provided by the Bylaws of the Fire Company.
[Ord. 153, 9/19/1994, § 3]
All appropriations made by the Township to or for the use of
the Fire Company, whether of money or property, and all equipment
purchased by the Township for the Fire Company shall continue to be
the property of the Township. None of the fire apparatus or equipment
so belonging to the Township shall be permanently removed from the
Township without the prior consent of the Board of Supervisors of
the Township.
[Ord. 153, 9/19/1994, § 3]
If any sentence, clause, section or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this Part. It is hereby declared as the intent of the
Board of Supervisors of the Township that this Part would have been
adopted had such unconstitutional, illegal or invalid sentence, clause,
section or part thereof not been included herein.
