[Adopted 8-13-2007 by Ord. No. 2007-11]
This article shall be known and may be cited as the "Special Fire Police Mutual Aid Ordinance."
The background of this article and the legislative intention of the Board of Commissioners in enacting it are as follows:
A. 
Cumberland County is a Pennsylvania fourth-class county.
B. 
The Act of December 19, 1996, P.L. 1158, No. 177, referred to as the Intergovernmental Cooperation Law, 53 Pa.C.S.A. § 2301 et seq., provided that local governments may jointly cooperate in the exercise or in the performance of their respective governmental functions, powers or responsibilities.
C. 
The use of special fire police to perform traffic and crowd control services and other necessary functions, whether within or outside the boundaries of the municipality by which they are confirmed, is governed by statutory authority, 35 P.S. § 1201 et seq.
D. 
The Board of Commissioners of Cumberland County, Pennsylvania, and the governing bodies of the participating municipalities recognize the desirability of sharing special fire police resources for both emergency and nonemergency events for the protection of the health, safety and welfare of all residents.
A. 
The conditions of membership, duration, purpose and objectives of the intergovernmental agreement, including the powers and scope of authority delegated therein, manner and extent of financing, and organizational structure necessary to implement the agreement are set forth in the Intergovernmental Cooperation Agreement for Special Fire Police Mutual Aid and Emergency Assistance ("Agreement"), a copy of which is attached to this article as Exhibit A and incorporated herein as if set forth in full.[1]
[1]
Editor's Note: Said agreement is on file in the Township offices.
B. 
Any funds for implementation and continuing participation in the agreement may be appropriated by the Board of Commissioners of Cumberland County and the governing bodies of participating municipalities as they shall determine, in their sole discretion, from time to time.
C. 
Real and personal property may be acquired, managed or disposed of under this article.
D. 
Each party has the power to enter into contracts for policies of group insurance and employee benefits, including social security, for all of their employees, including those whose duties further the purposes of the agreement.
The Chairman of the Board of Commissioners of Cumberland County is hereby authorized to execute all documents and perform all actions necessary to cause the County to enter the agreement.
A. 
If any sentence, clause, phrase or section of this article is, for any reason, found to be unconstitutionality, illegal or invalid, such unconstitutionally, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, phrases, sections or parts of this article.
B. 
It is hereby declared as the intention of the Board of Commissioners of Lower Allen Township that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, phrase, section or part thereof not been included therein.
The provisions of this article, as far as they are the same as those of ordinances in force immediately prior to the enactment of this article, are intended as a continuation of such ordinances and not as new enactments. The provisions of this article shall not affect any such suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under the authority of any ordinance repealed by this article.
Any other ordinance or parts thereof inconsistent with this article be and are hereby expressly repealed.
This article shall become effective as provided by law. Each agreement shall be effective upon the effective date of the intergovernmental cooperation ordinance last enacted by the parties.