(A) General.
(1) The Borough of Hookstown, the Borough of Georgetown and the township have, in the past, extended to each other aid and assistance for fire protection and emergency services; and
(2) The authority to provide aid and assistance for fire protection and emergency services and to make appropriations therefor is contained in the following Act of Assembly:
(a) Dec. 19, P.L. 1158, No. 177, §§ 1 et seq. (53 Pa.C.S. §§ 2301 et seq.)
(b) Boroughs: P.L. 432, 2014, No. 37, § 1202 (8 Pa.C.S. § 1202(24)); and
(c) Second-Class Townships: Act of June 19, 1961; P.L. 454, § 1 (53 P.S. § 65704, as amended.)
(3) Without intergovernmental cooperation providing aid and assistance for fire protection and emergency services, the quality of such services, which, in the past, has been afforded to the residents of the signatory parties, would be adversely affected; and
(4) 53 Pa.C.S. §§ 2301 et seq. requires that agreements providing for joint cooperation be in writing and be adopted by ordinance; and
(5) The signatory parties now desire to reduce to writing their previous understandings to assure intergovernmental cooperation to provide aid and assistance for fire protection and emergency services upon request.
(6) The governing bodies of the signatory parties, pursuant to the aforesaid authority, and intending to be legally bound, do mutually covenant and agree as set out in the following sections.
(B) Purpose and objectives.
(1) The purpose of the Emergency Services Board of Hookstown, Georgetown and the township is to ensure the continued provision of fire protection and emergency services for the communities of Hookstown, Georgetown and the township.
(2) The primary objectives are as follows:
(a) To review, evaluate and recommend to governmental bodies the current financial condition and immediate needs of the Hookstown Volunteer Fire Department, and to initiate audits at the Board's discretion.
(b) To provide immediate and future recommendations to the Hookstown Volunteer Fire Department for the development and effective use of financial resources and general management improvements. To suggest long-term growth requirements for the Hookstown Volunteer Fire Department.
(c) To provide feedback of pertinent information to all participating municipalities.
(d) To evaluate, if necessary, alternate sources of fire protection.
(e) To evaluate current and future needs of other emergency services, such as ambulance, police, etc., and make recommendations to governmental bodies.
(f) To evaluate requests for financial assistance and distribute funding the Board has available, by line item approval.
(g) To seek available funding for emergency services, including, but not limited to, grants, tax levies, insurance collections, fund-raising and the Foreign Fire Fund.
(C) Administration.
(1) A joint emergency services program shall be administered under the terms and conditions of this agreement by a board, which is hereby known as the Emergency Services Board of Hookstown, Georgetown and the township (hereinafter referred to as “Board”).
(2) The Board shall be composed of one regular member and one alternate member appointed by each of the respective parties to this agreement. In addition, a member and alternate shall be appointed by the Volunteer Fire Department, and an at-large member and alternate shall be appointed by the township. The alternate member will serve in the absence of the regular member. In the absence of both the regular and the alternate member, a representative will have full voting rights if the substitute representative presents written evidence of his or her appointment by the proper officers of the party that the substitute is representing. If any representative of a party ceases to be a member of the Board, the vacancy shall be filled by the proper authorities of the party for the balance of the unexpired term. All appointments to the Board shall be made in writing and shall be executed by the proper officers of the party making the appointment. If a party to this agreement subsequently withdraws from this agreement, its representation on the Board shall cease upon the effective date of its withdrawal.
(3) A quorum shall exist when one-half of the voting members are present. All decisions of the Board shall be made by a majority vote of those present, except that a budget must be approved by a majority of all of the voting members of the Board.
(D) Administrative policy.
(1) The Board may organize itself and adopt its own by-laws, provided, however, that the by-laws must be approved by the parties to this agreement.
(2) The Board shall have authority to hire such full-time and part-time employees as it deems necessary. The Board shall be empowered to enter into contracts for policies of group insurance and employee benefits, including social security, for its employees.
(3) The Board shall be responsible for furnishing appropriate reports, preparing an annual budget and for doing all other things necessary to carry out the functions of the Board.
(4) The Board shall have the authority to purchase emergency services equipment and to distribute to the appropriate emergency services provider.
(E) Finances.
(1) The fiscal year of the Board shall be the calendar year.
(2) No later than September 15 of each year, the Board shall submit to each party to this agreement, a revenue budget indicating the proposed contribution of each party for the succeeding calendar year. Each party shall have until October 15, or 30 days after the presentation of the revenue budget, whichever last occurs, to withdraw from participation in the Emergency Services Board of Hookstown, Georgetown and the township. In the event that half or more of the members withdraw from the agreement, the remaining members shall meet within 30 days of October 15 to determine whether the Board shall be continued or be dissolved. A majority of the remaining members may dissolve the Board.
(3) The contributions of the member municipalities shall be as follows:
(a) Each member municipality shall contribute one mill of real estate tax to the Board, for operational expenses, until such time that it be deemed no longer necessary by a unanimous vote of the Board's voting members.
(b) The Board shall obtain any remaining income or revenue through fees and charges to Emergency Services users.
(4) In the event that the Board is dissolved, the real and personal assets shall be distributed to the parties in proportion to the cumulative contributions of the parties from the date of this agreement to the time of dissolution.
(5) All funds shall be deposited in a financial institution or institutions of the Board's selection. All expenditures shall be made by the treasurer of the Board as directed by the Board.
(F) Facilities.
(1) Each of the participating parties shall attempt to cooperate in making their property, equipment and buildings available for the use of the Board when there is no conflict with the use of said facilities and equipment by the participating parties.
(2) The Board shall pay for all custodial or other services associated with the use of the host community's facilities and equipment.
(3) The rate of pay for custodial or other services shall be determined by mutual agreement between the Board and participating municipalities involved, as shall other matters relating to the use of any property, equipment and buildings of any participating party to this agreement.
(G) Terms of agreement.
(1) This agreement shall become effective as of January 1, 1992 and continue until December 31, 1992 and shall be automatically self-renewed from year to year thereafter, provided, however, that any participating party may withdraw from the terms of this agreement by giving written notice of such withdrawal within the time established under division (C), above.
(2) Additional parties may be added to this agreement upon the unanimous consent of the Board, and upon written agreement of the additional party to be bound by the terms and conditions of this agreement.
(Ord. 1-1992, passed 3-3-1992)