[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:
A.Â
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.
B.Â
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.
C.Â
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").
D.Â
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.
E.Â
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.[1] 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.
[1]
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.
