[Adopted 12-2-2019 by Ord. No. 05-2019]
This article is enacted pursuant to authority granted in the Pennsylvania Intergovernmental Cooperation Act, Act 177 of 1996 (53 Pa.C.S.A. § 2301 et seq.), as amended, the Pennsylvania Borough Code, Section 1202(24), 8 Pa.C.S.A. § 1202(24), and the First Class Township Code, Section 1801, 53 P.S. § 56801, as amended.
The Borough Council/Township Board of Commissioners hereby approves entering into the "Intergovernmental Cooperation Agreement Establishing the Eastern Berks Regional Police Department" (herein "agreement") between the Borough of Boyertown and Township of Colebrookdale in substantially the form attached to this article as Exhibit A,[1] and authorizes and directs the President of the Borough Council and the President of the Board of Commissioners to execute and the Secretary of each body to attest such agreement.
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
The conditions of the agreement are as provided for therein attached hereto as Exhibit A.
The initial term of the agreement shall commence upon municipal approval, including full execution and delivery thereof, and end approximately five years later on December 31, 2024, and shall automatically renew until either party terminates its participation pursuant to the agreement.
The Borough of Boyertown and Township of Colebrookdale have negotiated the agreement whereby and whereunder the municipalities agree to provide for the pooling of resources and funds for the formation, operation and governance of the Eastern Berks Regional Police Department.
The Eastern Berks Regional Police Department will be funded through monthly assessed contributions from the participating municipalities based on a budget submitted and approved by the municipalities, more specifically set forth in Paragraphs 6 and 7 of the agreement.
The Eastern Berks Regional Police Department will be governed by representatives appointed by the municipalities, as specified in the agreement.
Boyertown and Colebrookdale will each contribute all personal property and equipment used in conjunction with their respective police operations to the Eastern Berks Regional Police Department. The headquarters for the Eastern Berks Regional Police Department shall be located at 16 West Philadelphia Avenue in Boyertown pursuant to a lease agreement with the Borough of Boyertown.
The Eastern Berks Regional Police Department shall have the authority to enter into contracts for policies of group insurance and employee benefits, including social security, for its employees.
All ordinances or parts of ordinances conflicting or inconsistent herewith are hereby repealed.
If any article, section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase or word in this article 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 article as a whole or any other article, section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase, word, or remaining portion of the within article. The Borough Council of the Borough of Boyertown and the Board of Commissioners of the Township of Colebrookdale, Berks County, Pennsylvania, hereby declare that they would have adopted the within article, and each article, section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase and word thereof, irrespective of the limitations, restrictions, sentences, clauses, phrases, or word that may be declared illegal, unconstitutional or invalid.
This article shall become effective at the earliest date permitted by law following the date of its enactment.