[HISTORY: Adopted by the Borough Council of the Borough of
West Reading as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-17-2007 by Ord. No. 951 (Ch. I, Part 15, of the 1993 Code
of Ordinances)]
A.
Pursuant to the Borough Code ("Borough Code"), Act of February 1,
1966, P.L. 1656, No. 581, § 1202(24), 8 Pa.C.S.A. § 1202(24),
as amended, and the Intergovernmental Cooperation Act (the "Intergovernmental
Cooperation Act"), 53 Pa.C.S.A. § 2301 et seq., the Borough
of West Reading may agree with the authorities of an adjacent township
or borough for the furnishing of mutual police protection assistance.
B.
Said Borough Code, the Intergovernmental Cooperation Act and other
applicable Pennsylvania laws authorize a Borough 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 Borough of West Reading wishes to enter into a proposed Police
Mutual Aid Agreement (the "agreement"), a copy of which is made a
part hereof by reference thereto, with the Township of Spring, the
Borough of Wyomissing, and the Borough of Sinking Spring (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.
D.
The Borough of West Reading 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 Borough of West Reading, through its Mayor and 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 Borough of West Reading, through its
Mayor and 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 Borough of West Reading be and
hereby are authorized to enter into and execute the agreement.
The Borough of West Reading does hereby approve and authorize
the jurisdictional provisions of the agreement with respect to:
Either the Borough of West Reading or any of the adjacent municipalities
may withdraw from and terminate their participation in the agreement
upon written notice to each of the other municipality 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 Borough of West Reading 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,[1] 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 Borough 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.
[1]
Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.
