BOROUGH OF RUTLEDGE,
Delaware County, Pennsylvania
_____________________________
ORDINANCE
_____________________________
SIGNIFYING THE INTENTION AND DESIRE OF THE COUNCIL OF THIS BOROUGH TO ORGANIZE AN AUTHORITY FOR THE PURPOSE OF ADMINISTERING EMERGENCY MEDICAL SERVICES ON BEHALF OF THIS BOROUGH UNDER THE PENNSYLVANIA MUNICIPALITY AUTHORITIES ACT JOINTLY WITH THE BOROUGHS OF MEDIA, ROSE VALLEY, AND SWARTHMORE, AND THE TOWNSHIPS OF NETHER PROVIDENCE AND UPPER PROVIDENCE, EACH IN DELAWARE COUNTY; DESIGNATING THE ENTIRETY OF THIS BOROUGH AS A SERVICE DISTRICT OF THE AUTHORITY; SETTING FORTH AND AUTHORIZING EXECUTION OF ARTICLES OF INCORPORATION; APPOINTING AND FIXING THE TERM OF THE FIRST MEMBER OF THE BOARD APPOINTED BY THIS BOROUGH; AND TAKING ALL OTHER NECESSARY ACTION.
___________________
WHEREAS, the Borough of Rutledge, in Delaware County, Pennsylvania (this “Borough”) is a borough of the Commonwealth of Pennsylvania (the “Commonwealth”) and is governed by its Council; and
WHEREAS, pursuant to the Borough Code of the Commonwealth, 8 Pa.C.S §1202(56), this Borough is responsible for ensuring that emergency medical services are provided within this Borough by the means and to the extent determined by this Borough; and
WHEREAS, pursuant to the Municipality Authorities Act, 53 Pa.C.S. Ch. 56, as amended and supplemented (the “Act”), an authority may be created for the purpose of providing administrative services which improve the ability of the commercial establishments within a district to serve consumers; and
WHEREAS, this Borough desires to determine that delegating the administration of emergency medical services within this Borough to an authority will improve the ability of the commercial establishments within this Borough to serve consumers, among other benefits; and
WHEREAS, this Borough desires to designate the entirety of this Borough as a service district of the Authority (hereinafter defined); and
WHEREAS, the Council desires to signify its intention to jointly organize the Authority for the purpose of administering emergency medical services on behalf of this Borough, together with the Boroughs of Media, Rose Valley, and Swarthmore, and the Townships of Nether Providence and Upper Providence, each in Delaware County (collectively, the “Municipalities”).
WHEREAS, the Council of this Borough hereby enacts and ordains as follows:
SECTION 1. This Borough hereby determines that delegating the administration of emergency medical services within this Borough to the Authority will improve the ability of the commercial establishments within this Borough to serve consumers, among other benefits, by more equitably funding and delivering essential emergency medical services to all businesses and residents within this Borough.
SECTION 2. The Council signifies its intention and desire to jointly organize an authority for the purpose of administering emergency medical services on behalf of this Borough, together with the Municipalities, to be known as the “Municipal Emergency Medical Services Authority of Delaware County” under the Act (the “Authority”).
SECTION 3. This Borough hereby designates the entirety of this Borough as a service district of the Authority.
SECTION 4. The President or Vice President of the Council and the Secretary, respectively, of this Borough are authorized and directed to execute, on behalf of this Borough, Articles of Incorporation for such Authority as attached hereto as Exhibit “A” and made a part hereof.
SECTION 5. The President or Vice President of the Council and the Secretary, respectively, of this Borough are authorized and directed to cause notice of the substance of this Ordinance, including the substance of the foregoing Articles of Incorporation, and of the proposed filing of such Articles of Incorporation, to be published as required by the Act.
SECTION 6. The President or Vice President of the Council and the Secretary, respectively, of this Borough, are authorized and directed to file such Articles of Incorporation and the necessary proofs of publication with the Secretary of the Commonwealth of Pennsylvania and to do all other things necessary to effect the incorporation of such Authority, including payment of required filing fees.
SECTION 7. This Borough at all times shall have a minimum of one (1) appointee on the Board of the Authority for the term specified. Further description of Board governance shall be as provided in the Articles of Incorporation.
SECTION 8. The following named person is appointed the first member of
the Board of the Authority on behalf of this Borough, in accordance with the Articles of Incorporation, for the following initial term of office:
Name Address Initial Term of Office
_______________ _________________ __ years
_________________
SECTION 9. All ordinances and parts of ordinances inconsistent herewith are
repealed.
DULY ENACTED AND ORDAINED, by the Council of the Borough of Rutledge, in Delaware County, Pennsylvania, this 2nd day of September, 2026, in lawful session duly assembled.
BOROUGH OF RUTLEDGE,
Delaware County, Pennsylvania
By:___________________________
(Vice) President of the Council
ATTEST:
__________________________________
Secretary
EXAMINED AND APPROVED, this ___ day of September, 2026.
By:_______________________________
Mayor of the Borough of Rutledge,
Delaware County, Pennsylvania
EXHIBIT “A”
ARTICLES OF INCORPORATION
TO THE SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA:
In compliance with requirements of the Municipality Authorities Act, 53 Pa.C.S. Ch. 56, as amended and supplemented (the “Authorities Act”), and pursuant to ordinances duly enacted by the Boroughs of Media, Rose Valley, Rutledge, and Swarthmore, and the Townships of Nether Providence and Upper Providence, each in Delaware County (each, an “Incorporating Municipality,” and collectively, the “Incorporating Municipalities”), expressing the intention and desire of the Incorporating Municipalities to organize an Authority jointly under the Authorities Act, said municipalities certify:
1. Authority Name
The name of the Authority shall be the “Municipal Emergency Medical Services Authority of Delaware County”.
2. Formation and Purpose
The Authority is formed under the Municipality Authorities Act, 53 Pa.C.S. Ch. 56, as amended and supplemented, for the purpose of providing administrative services pursuant to Sections 5602 and 5607(g) of the Act, as a delegation of each of the Member Municipalities’ (hereinafter defined) statutory responsibility to ensure that emergency medical services are being provided within those municipalities.
3. Powers and Services
As more fully set forth below and in accordance with the Authorities Act, the Authority shall be permitted to administer emergency medical services and any closely, reasonably related services thereto and in support thereof, or contract with one or more third-party, related, or affiliated entities to provide the same (the “Services”). The Authority shall also take steps necessary to maintain licensure as an EMS agency through the Pennsylvania Department of Health. The Authority may exercise all powers as described in Section 5607(d) of the Act necessary or convenient for the carrying out of its purpose.
4. Service Districts
Each of the Incorporating Municipalities, or any municipality that later joins the Authority (collectively, the “Member Municipalities”), shall designate all or a portion of such municipality as a district to be served by the Authority (each, a “Service District”).
5. Fee Services Hearing
Pursuant to the Authorities Act, in order to provide Services to property owners within a Service District that are paid directly to the Authority by property owners (“Fee Services”), the Authority shall first provide written notice of the proposed Services to each property owner in a Service District at least 30 days prior to a properly advertised hearing (a “Fee Services Hearing”).
6. Owner Objection Process
Pursuant to the Authorities Act, Fee Services may not be provided to and charges (“Charges”) may not be assessed directly to property owners within a Service District if written objections representing the ownership of one-third of the benefited properties in the Service District, or property owners of the proposed district whose property valuation as assessed for taxable purposes amount to more than one-third of the total valuation of the Service District, are received by a Member Municipality within 45 days after a Fee Services Hearing (the “Objection Period”) is conducted where the plan of the Authority to impose Charges is presented (“Fee Services Plan”). The foregoing is hereinafter referred to as the “Owner Objection Process,” and owner objection to a Fee Services Plan is hereinafter referred to as “Owner Objection.”
7. Municipal Objection Process
Each Incorporating Municipality shall retain the right which exists under the Authorities Act to approve the initial Fee Services Plan. The Authority shall not be permitted to provide Fee Services or assess Charges in a Service District if within 45 days after the initial Fee Services Hearing is conducted, a majority vote of the governing body of an Incorporating Municipality disapproves of the initial Fee Services Plan as presented at the initial Fee Services Hearing, even if the delivery of Fee Services would effectively have been approved by property owners following the Owner Objection Process. The foregoing is hereinafter referred to as the “Municipal Objection Process,” and a municipal disapproval of a Fee Services Plan is hereinafter referred to as a “Municipal Objection.” Disapproval of the initial Fee Services Plan by either Owner Objection or Municipal Objection within an Incorporating Municipality’s Service District shall not preclude Fee Services being provided in the Service District of another Incorporating Municipality that has not received Owner Objection or Municipal Objection.
8. Municipal Withdrawal
If either Owner Objection or Municipal Objection occurs within a Service District, the Incorporating Municipality of such Service District shall be required to withdraw from the Authority (“Municipal Withdrawal”), with withdrawal to be initiated by resolution or ordinance of such Incorporating Municipality at its earliest regular or special meeting. Following receipt by the Authority of such adopted resolution or ordinance, the Authority shall move expeditiously to complete the withdrawal process pursuant to the Authorities Act. Such withdrawal would reduce the size of the Board of the Authority by one member.
9. Financial/Legal Obligations
The Authority shall not be permitted to incur any financial or legal obligation (an “Obligation”) prior to the later of concluding the Objection Period or Municipal Withdrawal following the initial Fee Services Hearing. Specifically excluded from the definition of “Obligation” herein is any agreement to provide legal, consulting, accounting, or billing services to or for the Authority. Further, no Member Municipality shall be permitted to withdraw from the Authority after an Obligation has been incurred by the Authority unless the Authority and a Member Municipality desiring to withdraw reach agreement on such Member Municipality’s satisfaction of its allocable portion of all outstanding Obligations of the Authority. The parameters for reaching such agreement, including the method for determining the allocation of outstanding Obligations of the Authority for which a Member Municipality desiring to withdraw is responsible, shall be more expressly provided in the Bylaws established by the Authority. In any event, the Authority shall not be required to consent to the withdrawal of a Member Municipality while any Obligations remain outstanding, a right reserved to the Authority under Section 5604(c) of the Authorities Act.
10. Contract Services for Non-Member Municipalities
Any municipality that is not a Member Municipality (a “Non-Member Municipality”), including any Incorporating Municipality that subsequently withdraws from the Authority, may receive Services from the Authority by contract (“Contract Services”), with compensation to the Authority paid by revenues generated by the Non-Member Municipality. So long as the cost of the Contract Services provided within a Non-Member Municipality are not billed to property owners by the Authority or by such Non-Member Municipality, the Authority shall not be required to conduct a hearing under Section 5607(d) of the Authorities Act or be subject to an Owner Objection Process.
11. Charges and CPI-U
By a simple majority vote of the Board of the Authority, the Authority shall be permitted to increase Charges in a given year by up to the trailing 12-month average Consumer Price Index for All Urban Consumers for Philadelphia-Camden-Wilmington as published by the United States Bureau of Labor Statistics (“CPI-U”) plus 0.5% (a “Board Increase”), with such trailing period ending in the month prior to a Board Increase being voted upon by the Board. In no event shall a Board Increase exceed 5.0% regardless of the value of CPI-U as determined pursuant to this Section 11.
12. Increases Above CPI-U / Reduction in Services
Either of the following shall first require a two-thirds majority vote of the Board of the Authority to be approved, and if approved, shall require a new Fee Services Hearing (a “Subsequent Fee Services Hearing”): (a) proposed increase in Charges in any Service District exceeds the amount described in Section 11 above, and (b) a material diminution in the quality or scope of Services then being received by property owners in any Service District. Further, the Owner Objection Process and the Municipal Objection Process (collectively, the “Objection Processes”) as described in Sections 6 and 7 herein, respectively, shall apply to subsections (a) and (b) of this Section 12. Any Objection Processes applicable to a Subsequent Fee Services Hearing shall be limited to the proposed increase in Charges or diminution in Services presented at such Subsequent Fee Services Hearing, and not to the Fee Services and Charges in effect at the time of such Subsequent Fee Services Hearing. However, disapproval of a Subsequent Fee Services Plan by either Owner Objection or Municipal Objection within a Member Municipality’s Service District shall preclude the proposed increase in Charges or diminution in Services going into effect for any Service District.
13. Adding New Member Municipalities
After the Authority has been incorporated, any municipality that desires to join the Authority shall adopt a resolution or ordinance pursuant to the Act; subject, however, to the Authority potentially requiring a joining municipality to make a capital contribution in an amount as the Authority shall reasonably determine. If such proposed joinder is approved by the Authority, the Authority shall then conduct a properly advertised Fee Services Hearing for the proposed Service District of the joining municipality, based on the Services then being provided within the Service Districts of Member Municipalities. If there is no Owner Objection, the Authority shall proceed to complete the joinder process for the joining municipality to become a Member Municipality, subject to any additional requirements that the Authority may impose. Such joinder would increase the size of the Board of the Authority by one member. There is no Municipal Objection Process for a joining municipality. Charges may not be assessed within such Service District until the joinder is complete with the joining municipality having representation on the Board of the Authority.
14. Amendments for Additional Services
In order to provide services in addition to the Services established herein, the Authority shall be required to amend these Articles of Incorporation pursuant to the Authorities Act.
15. Board Voting
Other than as provided in Section 12. above, actions taken by the Board of the Authority shall be approved by a simple majority vote, which shall be binding on all Service Districts, as applicable. In the event of a tie vote on any motion, the motion fails.
16. Rules, Regulations, and Procedures
All other rules, regulations, and procedures of the Authority, if not prescribed by the Act or these Articles of Incorporation shall be as established by the Authority pursuant to its Bylaws and any policies created thereby.
17. Board and Committee Compensation
Except as otherwise permitted by the Member Municipalities, no member of the Board or any committee of the Authority shall be compensated in any manner, as a member or as an officer of such Board or committee; provided, however, that a Board or committee member may be reimbursed for the actual out-of-pocket expenses for seminar fees, mileage, lodging, or meals when traveling on business of the Authority beyond 50 miles of the Member Municipality.
18. Other Existing Authorities
No other Authority has been organized, individually or jointly, under the current Authorities Act, or the Act of the General Assembly approved May 2, 1945, P.L. 382, as amended and supplemented, known as the “Municipality Authorities Act of 1945”, or of the Act of the General Assembly approved June 28, 1935, P.L. 463, as amended and supplemented, and is in existence in or for the Incorporating Municipalities except the following:
a. Media Borough
“Media Business Authority”
b. Swarthmore Borough
“Swarthmore Borough Authority”
c. Upper Providence Township
“Upper Providence Sewer Authority”
19. Incorporating Municipalities
The incorporating municipalities of the Authority are the Boroughs of Media, Rose Valley, Rutledge, and Swarthmore, and the Townships of Nether Providence and Upper Providence, each in Delaware County.
20. Governing Body Members
The offices, names, and addresses of the members of each of the governing bodies of the Incorporating Municipalities are:
a. Media Borough (Council), all located at 301 North Jackson Street, Media, PA 19063
Office Name
President Mark Paikoff
Vice-President Elizabeth Romaine
Council Member Tray Herman
Council Member Lisa Gelman
Council Member Jen Malkoun
Council Member Taylor Dunn
Council Member Emilia del Grosso
Mayor Joi Washington
b. Rose Valley Borough (Council), all located at 9 Old Mill Lane, Rose Valley, PA 19063
Office Name
President Matthew Sullivan
Vice-President Joseph Hare
Council Member Shannon Prown
Council Member Leonard Busby
Council Member Cheryl Harner
Council Member Kathryn Mehan
Council Member Tony Orr
Mayor William Hale
c. Rutledge Borough (Council), all located at 212 Unity Terrace, Rutledge, PA 19070
Office Name
President Jody Roberts
Vice-President Sean Sheehan
Council Member Heidi Sentivan
Council Member Ken Torres-Zickler
Council Member Andrea Juarez
Council Member Sue Hunt
Council Member Andrew Marques
Mayor Gamal Sherif
d. Swarthmore Borough (Council), all located at 121 Park Avenue, Swarthmore, PA 19081
Office Name
President Jill Gaieski
Vice-President Janna Garland
Council Member David Boonin
Council Member Cynthia MacLeod
Council Member Jared Therrien
Council Member Virginia Thompson
Council Member Angie Tseng
Mayor Conlen Booth
e. Nether Providence Township (Board of Commissioners), all located at 214 Sykes Lane, Wallingford, PA 19086
Office Name
President Kaitlin McKenzie
Vice-President Max Cooper
Commissioner Mike Keller
Commissioner Robert O’Connor
Commissioner Shaina Barnes
Commissioner Beth Henry
Commissioner Alex Hillemeyer
f. Upper Providence Township (Council), all located at 935 North Providence Road, Media, PA 19063
Office Name
Chairperson Marsha Peterson
Vice-Chairperson Elgin Akarsoy
Council Member Maureen Peterson
Council Member Rasheen Merritt
Council Member Joshua Steinberg
21. Authority Board and Executive Committee (Composition and Governance)
The persons holding the positions of Executive Director and Medical Director of the Authority, as hired by the Authority, shall each serve as non-voting members of the Board and the Executive Committee, who notwithstanding the inability to vote on matters that come before the Board or Executive Committee shall be permitted to actively participate and contribute to discussion in meetings of those bodies.
22. Initial Board Members and Terms of Office
The names and initial terms of office of the first members of the Board of the Authority, all located initially at _______________, ___________, PA __________, each of whom is a taxpayer, maintains a business in, or is a citizen of the respective Incorporating Municipality, are as follows:
Name Appointee of Term of Office*
1 year
2 years
3 years
4 years
5 years
1 year
________________________
* Although terms of office commence at the organizational first meeting of the Authority Board, each term listed shall expire at the stated number of years from the first Monday in January following the date the Articles of Incorporation are filed.
IN WITNESS WHEREOF,the Borough of Media, in Delaware County, Pennsylvania, has caused these Articles of Incorporation to be executed by the President or Vice President of its Council, and attested by the Secretary of the Borough, and the seal of such Borough to be affixed hereunto, this ___ day of September, 2026.
BOROUGH OF MEDIA,
Delaware County, Pennsylvania
By:___________________________
(Vice) President of the Council
ATTEST:
_________________________________
Secretary
IN WITNESS WHEREOF,the Borough of Rose Valley, in Delaware County, Pennsylvania, has caused these Articles of Incorporation to be executed by the President or Vice President of its Council, and attested by the Secretary of the Borough, and the seal of such Borough to be affixed hereunto, this ___ day of September, 2026.
BOROUGH OF ROSE VALLEY,
Delaware County, Pennsylvania
By:___________________________
(Vice) President of the Council
ATTEST:
_________________________________
Secretary
IN WITNESS WHEREOF,the Borough of Rutledge, in Delaware County, Pennsylvania, has caused these Articles of Incorporation to be executed by the President or Vice President of its Council, and attested by the Secretary of the Borough, and the seal of such Borough to be affixed hereunto, this ___ day of September, 2026.
BOROUGH OF RUTLEDGE,
Delaware County, Pennsylvania
By:___________________________
(Vice) President of the Council
ATTEST:
_________________________________
Secretary
IN WITNESS WHEREOF,the Borough of Swarthmore, in Delaware County, Pennsylvania, has caused these Articles of Incorporation to be executed by the President or Vice President of its Council, and attested by the Secretary of the Borough, and the seal of such Borough to be affixed hereunto, this ___ day of September, 2026.
BOROUGH OF SWARTHMORE,
Delaware County, Pennsylvania
By:___________________________
(Vice) President of the Council
ATTEST:
_________________________________
Secretary
IN WITNESS WHEREOF, the Township of Nether Providence, in Delaware County, Pennsylvania, has caused these Articles of Incorporation to be executed by the President or Vice President of its Board of Commissioners, and attested by the Secretary of the Township, and the seal of such Township to be affixed hereunto, this ___ day of September, 2026.
TOWNSHIP OF NETHER PROVIDENCE,
Delaware County, Pennsylvania
By:___________________________
(Vice) President of the Board of Commissioners
ATTEST:
_________________________________
Secretary
IN WITNESS WHEREOF, the Township of Upper Providence, in Delaware County, Pennsylvania, has caused these Articles of Incorporation to be executed by the Chairperson or Vice Chairperson of its Council, and attested by the Secretary of the Township, and the seal of such Township to be affixed hereunto, this ___ day of September, 2026.
TOWNSHIP OF UPPER PROVIDENCE,
Delaware County, Pennsylvania
By:___________________________
(Vice) Chairperson of
the Council
ATTEST:
_________________________________
Secretary
CERTIFICATE
I, the undersigned, Secretary of the Borough of Rutledge, in Delaware County, Pennsylvania (the “Borough”), certify: that the foregoing is a true and correct copy of an Ordinance of the Borough, which duly was enacted by affirmative vote of a majority of all members of the Council at a meeting of the Council duly convened and held according to law on September 2, 2026, at which meeting a quorum was present; that said Ordinance duly has been recorded in the ordinance book of the Borough; that said Ordinance has been duly published as required by law; and that said Ordinance is in full force and effect, without amendment, alteration, or repeal, as of the date of this Certificate.
I further certify that the Council met the advance notice and public comment requirements of the Sunshine Act, 65 Pa.C.S. Ch. 7, as amended, by advertising said meeting, by posting prominently a notice of said meeting at the principal building of the Borough or at the public building in which said meeting was held, and by providing a reasonable opportunity for public comment at said meeting, all in accordance with such Act.
IN WITNESS WHEREOF, I set my hand and affix the official seal of the Borough, this
2nd day of September, 2026.
___________________________
Secretary
(SEAL)