AN ORDINANCE OF KENNETT TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA, AUTHORIZING THE ENTERING INTO OF AN INTERGOVERNMENTAL COOPERATION ARRANGEMENT FOR POLICE PROTECTION WITH THE BOROUGH OF KENNETT SQUARE AND AUTHORIZING THE ADOPTION OF THE ADDITIONAL JOINT MUNICIPAL AGREEMENT FOR LAW ENFORCEMENT SERVICES WHICH SETS FORTH THE TERMS AND CONDITIONS OF THE PERFORMANCE OF ADDITIONAL LAW ENFORCEMENT SERVICES TO BE PROVIDED FOR THE TOWNSHIP BY THE BOROUGH
The Board of Supervisors of
Kennett Township,
SECTION 1. PREAMBLE
WHEREAS,
Kennett Township (hereinafter "Township") and Kennett Square Borough
(hereinafter "Borough") desire to supplement the arrangement whereby the Police
Department of the Borough presently performs limited law enforcement functions
within a portion of the Township pursuant to the Joint Municipal Agreement for
Law Enforcement Services dated May 3, 1993 (hereinafter "Agreement"); and
WHEREAS,
the power to contract with the Borough for the purpose of securing police
services within the Township is granted by the Constitution of the Commonwealth
of Pennsylvania, Article 9, §5, the Second Class Township Code, 53 P.S. §66507,
and the Intergovernmental Cooperation Act, 53 Pa.C.S.A. §2301, et seq.; and
WHEREAS,
the Board of Supervisors of the Township, pursuant to the provisions of §2305,
of the Intergovernmental Cooperation Act, is authorized to enter into an
agreement delegating its functions, powers or responsibilities to the Borough
upon the passage of this ordinance.
SECTION 2.
AUTHORIZATION TO ENTER INTO THE ADDITIONAL JOINT MUNICIPAL AGREEMENT FOR
LAW ENFORCEMENT SERVICES
The Board of Supervisors
hereby ordains to enter into the Additional Joint Municipal Agreement for Law
Enforcement Services (hereinafter "Additional Agreement") between the Township
and the Borough for the purposes of supplementing the existing terms and
conditions by which the Borough Police Department presently performs police
services within a portion of the Borough known as the Anson B. Nixon Park, which
is located within the Township, and certain lands adjacent to the Park within
the Township which are proximate to the Park (referred to in the Agreement as
the "Park Area"). This Additional
Agreement provides for additional police services, separate from the Park Area
police services Agreement, to be performed in the Township by the Borough only
upon the specific request of the Borough Police by any one member of the Board
of Supervisors or the Township Zoning Officer.
The Additional Agreement shall be executed by the Board of Supervisors
Ordinance No. 139
Page 2
upon passage of this ordinance to enable the supplemental police services described therein to be provided to the Township by the Borough in accordance with the terms of the Additional Agreement.
In accordance with §2307 of the Intergovernmental Cooperation Act, the Board of Supervisors hereby declares that:
a.
The Additional Agreement provides that the Borough Police shall respond
to telephonic or written requests for patrol service and other services, as
defined in the Additional Agreement, which services shall be performed only upon
the specific request of the Borough Police by any one member of the Board of
Supervisors of the Township or the Township Zoning Officer.
The Additional Agreement provides that it does not confer upon the
Borough general police authority in the Township, nor does it authorize any
citizen of the Township or other person to request police services in the
Township from the Borough Police.
b.
The Additional Agreement shall have a term, which runs from the date of
execution of said Agreement and shall remain in effect for a one-year term.
c.
The purpose and objectives of the Additional Agreement are to provide
additional police services for the Township on a case by case basis where
particular needs arise in the opinion of the Board of Supervisors or the Zoning
Officer, including all police services which are normally associated with the
requested service.
d.
The Township shall pay $45 per hour for police responses made pursuant to
the Additional Agreement for the first one-year term.
The amount to be paid for the additional police services in succeeding
years will be renegotiated annually in accordance with the Additional Agreement.
e.
There is no additional organizational structure necessary to implement
the Additional Agreement beyond the existing Police Department structure in the
Borough, the Borough Council and the Township Board of Supervisors.
f.
There will be no property acquired, managed, licensed or disposed of in
connection with the Additional Agreement.
g.
There is no new entity being created by the Township or the Borough in
connection with the provision of the police services under the Additional
Agreement.
Ordinance No. 139
Page 3
SECTION 4. AMENDMENTS TO THE ADDITIONAL JOINT MUNICIPAL AGREEMENT FOR LAW ENFORCEMENT SERVICES
The
Board of Supervisors of the Township hereby ordains that it may execute such
amendments to the Additional Agreement as may be necessary from time to time to
carry out the purposes of this ordinance and the Additional Agreement.
ENACTED AND ORDAINED this 18th day of February, 2002.
KENNETT TOWNSHIP
BOARD
OF SUPERVISORS
ATTEST:
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______________________
Secretary-Treasurer
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Charles G. Shoemaker