[Adopted 4-16-2013 by Ord. No. 774-C]
A local emergency management agency comprised of various Allegheny
County municipalities in Allegheny County is established to provide
residents and citizens of the respective municipalities and communities
with more efficient, responsive, cost-effective and competent emergency
management services consistent with the requirements of the Pennsylvania
Emergency Management Services Code and with the objectives of protecting the health, safety
and welfare of municipal residents. The regional emergency management
agency shall assume the responsibilities and functions assigned by
law to each participating municipality.
The article is adopted pursuant to authority granted in:
A. The Pennsylvania Emergency Management Services Code, Act 323 of November
26, 1978 (35 Pa.C.S.A. § 7101 et. seq., as amended);
B. Pennsylvania Intergovernmental Cooperation Act, 53 Pa.C.S.A. §§ 2301
to 2316.
The following words or phrases, when used in this article, shall
have the following meanings indicated:
AGENCY
The Allegheny Valley Regional Emergency Management Agency,
created by various Allegheny County municipalities under and pursuant
to this and similar ordinances under authority of the Code.
CODE
The Pennsylvania Emergency Management Services Code, Act
323 of 1978 (35 Pa.C.S.A. § 7301 et seq., as amended).
Pursuant to and in accord with the above-referenced authority,
Cheswick Borough is hereby authorized to become a member of and to
participate in the Allegheny Valley Regional Emergency Management
Agency, an agency comprised of various municipalities located generally
in the Allegheny County, Pennsylvania, acting jointly pursuant to
the above-referenced authority to undertake the responsibilities imposed
on municipalities under the Pennsylvania Emergency Management Services
Code; and hereby delegates its responsibilities under said Code to
Allegheny Valley Regional Emergency Management Agency (Agency) in
accord with the authority granted in the above-referenced laws and
this article.
Pursuant to and in accord with the above-referenced authority,
Cheswick Borough is hereby authorized and directed to enter into the
intergovernmental cooperation agreement which governs the Allegheny
Valley Regional Emergency Management Agency and its affairs, entitled
"Intergovernmental Agreement Creating the Regional Emergency Management
Agency" and dated March 19, 2013, a copy of which is attached to this
article.
The Agency created and existing under and by virtue of the authority
of the code and this article shall be comprised of representatives
of the municipalities created and participating in the Agency. The
participation of the municipality in this Agency shall be governed
and controlled by the terms and conditions of the agreement referred
to above, as duly amended, the provisions of the applicable Pennsylvania
laws and regulations, and such other policies as may be duly adopted
by the Agency in accordance with the above-referenced agreement.
The Agency and its activities shall be operated with funds provided
by the participating municipalities in accordance with the provisions
of the agreement referred to above, and such other grants or funding
as may be available.
The Agency and the agreement governing it shall be for an indefinite
term and dependent upon the continued participation of the various
municipalities. Participating municipalities can withdraw from the
Agency upon reasonable notice.
A. The governing body of the municipality shall appoint such persons
or representatives as shall be necessary to serve on the Agency Executive
Committee (its governing body).
B. The governing body of the municipality shall authorize, budget appropriate
and pay in a timely manner such initial and annual fees and other
necessary charges as provided for under the agreement to provide the
Agency with fiscal resources for its operational requirements.
C. Municipal officials and employees shall cooperate fully with the
Agency to accomplish the goals and objectives of the Agency.
The powers and duties of the Agency, its officials, employees
and representatives, shall be set forth in the article, the above-referenced
agreement and the other laws, regulations and instruments governing
its organization and operation and shall include the following:
A. The Agency Executive Committee Chairman shall recommend the appointment
of an Emergency Management Coordinator and a Deputy Emergency Management
Coordinator for the region comprising the participating municipalities
with responsibility for operational control of emergency response
operations within the territorial limits of the Agency. The Coordinator
will be subject to direction and control of the Chairman of the Executive
Committee or the affected municipality's governing body or county
control, as proper.
B. Subject to review and approval of each participating municipality,
the Agency shall prepare and maintain a joint emergency operations
plan that can be implemented for response to emergencies affecting
the participating municipalities.
C. Subject to review and approval of each participating municipality,
the Agency shall be responsible for planning and resource development
for emergency operations within the territorial limits of the participating
municipalities.
D. Subject to review and approval of each participating municipality,
the Agency shall carry out all other powers and duties of the participating
municipalities as set forth in the code at 35 Pa.C.S.A. § 7503.
All property shall be acquired, managed, or disposed of pursuant
to the agreement in accordance with the terms of the agreement. No
acquisition of real property or real estate is authorized.
Although there is no current authority for Agency employees,
in the event the Agency is subsequently granted authority under the
agreement to hire employees, then the Agency shall be empowered to
enter into contracts for policies of group insurance and employee
benefits, including social security for its employees.
This article shall become effective five days after enactment.
Should any section, part or provision of this article be declared
by appropriate authority to be unlawful or unconstitutional, all other
terms, conditions, provisions and parts hereof, and of any Code of
which this article may be or may be considered to be part, shall continue
in full force and effect as if the provision declared to be unlawful
or unconstitutional had been omitted as of the date of final enactment
hereof.
All ordinances and parts of ordinances inconsistent herewith
are hereby repealed.