[HISTORY: Adopted by the Borough Council of the Borough of West Grove as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-6-2016 by Ord. No. 2016-01]
This article shall be known and may be cited as the "Regional Police Department Intergovernmental Cooperation Agreement Ordinance of the Borough of West Grove, Chester County, Pennsylvania."
The background of this article and the legislative intention of the Borough Council of the Borough of West Grove ("Borough Council") in enacting it are as follows:
The Borough of West Grove (the "Borough of West Grove" or "West Grove") is a Pennsylvania Borough, organized under the laws of the Commonwealth of Pennsylvania.
The Township of New Garden ("New Garden Township" or "New Garden") is a second class township, organized under the laws of the Commonwealth of Pennsylvania.
The General Assembly of the Commonwealth of Pennsylvania has authorized intergovernmental cooperation in the performance of governmental functions and powers by the Act of December 19, 1996, P.L. 1158, No. 177, 53 Pa.C.S.A. § 2301 et seq., as amended (the "Intergovernmental Cooperation Act").
The Intergovernmental Cooperation Act authorizes two or more local governments in the commonwealth to jointly cooperate in the exercise or in the performance of their respective governmental functions, powers or responsibilities, upon passage of an ordinance by the governing body of each cooperating municipality.
The Borough Council has determined that it is in the best interest of the Borough of West Grove to jointly cooperate with New Garden Township to provide for the establishment of a regional police department to be known as the "Southern Chester County Regional Police Department" (the "Regional Police Department") by agreement to provide for police services across municipal boundaries with the effect of increasing the ability of the police now serving the two municipalities together with other municipalities which may join in the future, to preserve and protect the public safety and welfare of the residents of the entire area served, and to set forth the structure under which the Southern Chester County Regional Police Commission will be governed and will operate.
The conditions of agreement with New Garden Township are set forth in an intergovernmental cooperation agreement establishing a Regional Police Department ("the agreement") attached hereto as Exhibit "A" and hereby incorporated herein by reference as though fully set forth at length. Borough Council authorizes entering into the agreement, substantially in the form set forth in Exhibit "A," subject only to such changes as the Borough Solicitor may recommend and the President or Vice President of Borough Council may approve, such approval to be conclusively evidenced by execution thereof, and further authorizes such amendments thereto and such other and further agreements as Borough Council shall determine in the future are necessary or useful in achieving the purposes served by this article.
Editor's Note: Said exhibit is on file in the Borough offices.
The duration of the agreement is for an initial term, commencing upon execution of the agreement through December 31, 2020, with automatic renewals year to year, unless terminated or amended as provided therein.
The purpose of the agreement is to provide for the pooling of resources and funds for the purpose of establishing and operating the Regional Police Department to serve the Borough of West Grove, New Garden Township, and other participating municipalities, as the case may be, to form a regional police commission to be known as the "Southern Chester County Regional Police Commission" (the "Regional Police Commission") to govern the Regional Police Department and to provide for the rights and responsibilities of the Regional Police Department, the Regional Police Commission, the Borough of West Grove, New Garden Township and any other municipalities which may in the future enter into contractual arrangements for services or participation, all as set forth in the agreement.
Under the agreement, the Regional Police Department and the Regional Police Commission will be funded through annual assessed contributions from the participating municipalities based on a budget submitted and approved by the municipalities. Operating costs will be funded 80% by New Garden, 20% by West Grove. Building costs will be divided equally; provided, however, that New Garden will bear 100% of the cost of demolition and construction of a new regional police building as headquarters for the Regional Police Department and all associated costs, without contribution from West Grove, all as more specifically provided in the agreement.
The Department will be governed by the Regional Police Commission, to be comprised of representatives appointed by the participating municipalities from among their governing body members and West Grove's Mayor, with terms of service as set forth in the agreement.
West Grove and New Garden will each contribute all personal property and equipment used in connection with its police department to the Regional Police Department. West Grove and New Garden will each own an undivided 1/2 interest in real estate, subject to the terms and conditions of the agreement.
The Regional Police Department shall be empowered to enter into contracts for policies of group insurance and employee benefits, including social security, for its employees.
To the extent that any provision of this article is determined to be inconsistent with a condition, term or provision of the agreement, the condition, term or provision of the agreement will prevail.
If any sentence, clause, phrase or section of this article 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, phrases, sections or parts of this article. It is hereby declared as the intention of Borough Council that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, phrase, section or part thereof not been included therein.