The Board of Supervisors of Pocopson Township does hereby approve
and authorize entering into an intermunicipal cooperation agreement
(together with all attachments thereto, the "agreement"), a copy of
which is attached hereto as Exhibit A and incorporated herein by reference,
with the intent and effect that the Township shall be bound by the
agreement.
The Chairman of the Board of Supervisors of Pocopson Township
is hereby authorized and directed on behalf of the Township:
A. To execute and deliver the agreement; and
B. To execute and deliver such additional documents and instruments,
and to take such further actions, as may be necessary or appropriate
to carry out the agreement and the actions to be effected under the
agreement.
All actions of any officer, agent or other representative of
the Township heretofore taken pursuant to the establishment of the
Kennett Fire and EMS Regional Commission (the Commission) and/or the
Township's participation therein are hereby ratified and approved
in all respects.
The Township is hereby authorized to take such actions as may
be necessary or appropriate to carry out the purposes of this ordinance
and of the agreement.
This ordinance is adopted pursuant to the authority granted
in the Act; and, as required thereby, the following matters are specifically
found and determined:
A. The conditions of the agreement are as set forth in the agreement.
B. The duration of the agreement is as set forth in the agreement.
C. The purpose and objectives of the agreement and the powers and scope
of authority delegated in the agreement are as set forth in this ordinance
and in the agreement.
D. The manner and extent of financing the agreement is through the municipal
contributions set forth in Section 6 of the agreement.
E. The organizational structure of the Commission shall be as set forth
in its Articles of Incorporation and bylaws (as the same may be amended
from time to time in accordance therewith, the "bylaws"), each as
attached to the agreement.
F. All property, real or personal, of the Commission shall be acquired,
managed, licensed, or disposed of under the authority and supervision
of the Commissioners in accordance with the terms of the agreement
and the bylaws.
G. The Commission is empowered to enter into contracts for insurance,
including policies of group insurance and employee benefits for its
employees, pursuant to the agreement.
The Commission shall come into existence and is authorized to
commence operations under this ordinance and in accordance with the
agreement immediately upon:
A. All municipalities duly executing and delivering the agreement; and
B. The filing of the Articles of Incorporation of the Commission substantially
in the form attached to the agreement.
The services rendered, the actions taken, and the obligations
and expenditures made by the officials, employees and agents of the
Commission shall be deemed to be for public and governmental purposes,
and all immunities from liabilities enjoyed by the Township and its
officials and employees within its boundaries shall extend to the
Township and the Commission and their respective officials and employees
in connection with their participation in the services and activities
contemplated by, related to, arising out of, or in connection with
the agreement outside the Township's boundaries within the Commission's
jurisdiction.
If any provision of this ordinance is, for any reason, declared
to be illegal, unconstitutional or invalid by any court of competent
jurisdiction, this decision shall not affect or impair the validity
of the ordinance as a whole or the remaining portions thereof. The
Board of Supervisors of Pocopson Township hereby declares that it
would have adopted this ordinance irrespective of the portion that
may be declared illegal, unconstitutional or invalid.