CHAPTER 43. BOROUGH OF YOUNGSVILLE HOME RULE CHARTER

Art. Sec.

I.    APPLICABILITY AND LEGAL STATUS…43.1-101
II.    POWERS OF THE BOROUGH…43.2-201
III.    NONDISCRIMINATION GUARANTEE…43.3-301
IV.    ELECTED OFFICERS…43.4-401
V.    THE COUNCIL: ITS POWERS, DUTIES, LIMITATIONS AND LEGISLATIVE METHODS…43.5-501
VI.    THE COUNCIL: ITS PROCEEDINGS AND OPERATIONS…43.6-601
VII.    THE MAYOR…43.7-701
VIII.    THE MANAGER…43.8-801
IX.    FINANCE…43.9-901
X.    TRANSITION AND CONTINUATION…43.10-1001

Source

   The provisions of this Chapter 43 adopted November 5, 1974, effective January 5, 1976, unless otherwise noted.

ARTICLE I. APPLICABILITY AND LEGAL STATUS


Sec.


43.1-101.    Applicability.
43.1-102.    Effective Date.
43.1-103.    Severability.

§ 43.1-101. Applicability.

 This Charter shall apply to the Borough of Youngsville, Warren County, Pennsylvania, which shall include all territory within the boundaries of the said Borough at the time when this Charter shall take effect, and all territory that may lawfully be added to the said Borough at any time thereafter. The said Borough of Youngsville shall herein be referred to as ‘‘the Borough’’.

§ 43.1-102. Effective Date.

 This Charter shall become effective on the first Monday of January, 1976, and the borough government shall operate under the terms and provisions hereof from and after the said effective date.

§ 43.1-103. Severability.

 If any provision of the Charter shall be held by any court of competent jurisdiction to be invalid, such invalidity shall not affect any other provision of this Charter, its being the intent of the electors of this Borough that the remaining provisions of this Charter be given full force and effect as completely as if such invalid provision had not been included herein. If the application of this Charter or any provision thereof to any person or circumstance shall be held to be invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby.

ARTICLE II. POWERS OF THE BOROUGH


Sec.


43.2-201.    Grant of Power.
43.2-202.    Construction.
43.2-203.    Powers Vested in Borough Council.
43.2-204.    Inter-Governmental Relations.

§ 43.2-201. Grant of Power.

 The borough shall have, and may exercise any power and may perform any function not specifically denied it by the Constitution of Pennsylvania, by this Charter, or by the General Assembly of Pennsylvania.

§ 43.2-202. Construction.

 At no time and in no respect shall the Borough have less power and authority than it would have had, had it not adopted this Charter, except to the extent that this Charter in itself may limit any specific power or authority now or hereafter granted by the Constitution or laws of Pennsylvania. The powers of the Borough shall be construed liberally in favor of the Borough, and the specific mention of particular powers in this Charter shall not be construed as limiting in any way the general powers stated in this Article. All possible powers of the Borough are to be considered as if specifically and individually set forth in this Article, whether such powers are presently available to the Borough or may hereafter become available.

§ 43.2-203. Powers Vested in Borough Council.

 All powers of the Borough, including any such power which may hereafter be conferred upon the Borough by the Constitution of the United States or by the Constitution of Pennsylvania or by amendment of this Charter or by any Act of the General Assembly, unless otherwise specifically set forth in this Charter, shall be vested in the Borough Council, hereinafter referred to in this Charter as Council, subject to the authority of the Mayor, as set out in §  43.7-701 of this Charter.

§ 43.2-204. Inter-Governmental Relations.

 The Borough may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with the United States of America or any agency thereof, and/or the Commonwealth of Pennsylvania and any political sub-division or agency thereof.

ARTICLE III. NONDISCRIMINATION GUARANTEE


Sec.


43.3-301.    Nondiscrimination.

§ 43.3-301. Nondiscrimination.

 The Borough shall not deny to any person the enjoyment of any civil right, or discriminate against any person in the exercise of any civil right because of race, color, religious belief, ancestry, sex or national origin. The masculine gender, where used in this Charter, shall be understood to refer equally and indiscriminately to both sexes.

Cross References

   This section cited in 362 Pa. Code §  43.5-502 (relating to duties).

ARTICLE IV. ELECTED OFFICERS


Sec.


43.4-401.    Enumeration and Qualification of Elected Officers.
43.4-402.    Election of Officers.
43.4-403.    Vacancies in Office.
43.4-404.    Removal of Elected Officers.
43.4-405.    Compensation of Elected Officers.
43.4-406.    Oath of Office.

§ 43.4-401. Enumeration and Qualifications of Elected Officers.

 The elected officers of the Borough shall be (a) the Mayor, and (b) the Council, which shall consist of seven members. All elected officers shall, at the time of their election and during their tenure as such officers, be qualified and registered voters of the Borough.

§ 43.4-402. Election of Officers.

 All elected officers shall be elected at large, by the qualified voters of the Borough for four year terms of office, commencing on the first day of January of the year following the municipal election at which they shall be elected. The Mayor shall be elected in the year 1977 and at four year intervals thereafter. Three of the members of Council shall be elected in the year 1975 and at four year intervals thereafter; and in 1977 three of the members of Council shall be elected to four year terms and at four year intervals thereafter, and one member of council shall be elected to a two year term of office and at four year intervals thereafter. Nomination and election procedures shall be those established by the general laws of the Commonwealth of Pennsylvania for municipal elections.

§ 43.4-403. Vacancies in Office.

 Vacancies in any elected office shall be filled by vote of Council within forty-five days after the occurrence of such vacancy. Every person so appointed shall possess the same qualifications as herein set out for persons elected to such office.

 Every person appointed to fill any such vacancy shall be entitled to hold such office for the balance of the unexpired term, so long as he shall continue to possess the qualifications pertinent to the office, except when the vacancy shall occur within eighteen months after the commencement of the elective term, in which case the person appointed to fill such vacancy shall serve only until the first day of January of the first even-numbered year following his appointment. The balance of such unexpired term shall be filled by a person elected by the qualified voters of the Borough at the municipal election in the year preceding such first day of January.

 In any case, where Council shall refuse, fail or neglect, or be unable, for any reason whatever, to fill any such vacancy within the forty-five day period aforesaid, the Court of Common Pleas shall then, upon petition of Council or of any five citizens of the Borough, fill the vacancy by the appointment of a qualified voter of the Borough, who shall hold such office for the same period as if he had been appointed by Council.

§ 43.4-404. Removal of Elected Officers.

 A Council member or Mayor shall be subject to removal from office by vote of Council if he (1) violates any express provision of this Charter; (2) is convicted of a crime more serious than a summary offense as defined in Pennsylvania law; or (3) fails to attend three consecutive regular meetings of Council without having been excused by the Council.

§ 43.4-405. Compensation of Elected Officers.

 Elected officers may receive compensation as shall be fixed by Council from time to time, but such compensation or any change therein shall not become applicable to any incumbent officer until the commencement of a new term of office.

§ 43.4-406. Oath of Office.

 Every elected officer, prior to assuming office, shall take and sign an oath or affirmation to support the Constitutions of the United States of America and of the Commonwealth of Pennsylvania and to perform the duties of his office with fidelity. The oath or affirmation may be taken and signed before any judge or district justice of the Commonwealth of Pennsylvania. No person shall be permitted to assume such office until the oath, in written form, has been filed with the Borough Secretary.

ARTICLE V. THE COUNCIL: ITS POWERS, DUTIES, LIMITATIONS AND LEGISLATIVE METHODS


Sec.


43.5-501.    Powers.
43.5-502.    Duties.
43.5-503.    Limitations.
43.5-504.    Legislation.

§ 43.5-501. Powers.

 1. All legislative power of the Borough shall be vested in Council.

 2. Council shall have the power to enact, amend or repeal all ordinances and resolutions not inconsistent with this Charter or with the laws of the Commonwealth.

 3. Council shall have the power to create or abolish all authorities, boards, commissions, committees, departments, offices, or agencies.

 4. Council shall have the power to appoint and remove all members of authorities, boards, commissions and committees and all members of its legislative and legal staff.

 5. Council shall have the power to receive and accept all gifts or donations of real and personal property or interest therein in the name of the Borough.

 6. Council, as a body, or through a committee thereof, shall have the power to make inquiries and investigations into the affairs of the Borough and its government and into the conduct of any borough department, office or agency, or any of the committees thereof.

 7. Council shall have the power to hold public hearings on any matter. Notice of every such hearing shall be given in the manner determined by Council, and all interested persons shall have an opportunity to be heard.

§ 43.5-502. Duties.

 1. Council shall appoint a Borough Manager.

 2. Council shall adopt an Administrative Code, establishing and defining the responsibilities of the borough departments and agencies, as well as such procedures as it shall deem to be of basic importance in the operation of the borough government. Council shall have the continuing authority thereafter, by amendment of the administrative code, to make changes in departmental and administrative organizations and procedures, to establish any department, board, commission or agency it may deem necessary, and to abolish any not required by law or by this Charter to be established and maintained.

 3. Council shall appoint the Borough Solicitor, who shall be an attorney at law or a firm of attorneys. The Solicitor shall serve as a legal advisor to Council and shall be directly responsible to Council.

 4. Council shall adopt a personnel system which shall provide for the appointment, promotion and removal of all appointed officers and employees of the Borough and such personnel system shall incorporate provision for the appointment, promotion and removal of police department personnel by existing or comparable procedures. Such personnel system shall provide, among other things, that all appointments and promotions shall be made on the basis of merit and fitness demonstrated by examination or other evidence of competence. The nondiscrimination provisions of §  43.3-301 of this charter shall apply in any appointment or promotion, and political affiliation or beliefs shall not be a factor.

 5. Council shall adopt procedures which shall provide for the purchasing of products, goods and services, the making of contracts, and the sale or lease of personal or real property of the Borough. Such procedures shall provide for negotiated contracts, competitive bidding, detailed bidding procedures, assurance of controls on aggregate spending, and safeguards against special interests.

 6. Whenever a petition shall be presented to Council, signed by registered electors of the Borough comprising at least two percentum of the electors voting at the most recent municipal election, requesting that Council consider and take action on the subject matter of the petition, it shall be the duty of Council to place the subject matter thereof on its agenda for a regular or special meeting taking place within two months after receipt of the petition. At such meeting, Council shall consider and take action on such subject matter. PROVIDED: The same subject shall not be presented to Council by petition pursuant to this Section oftener than one time in any two year period. PROVIDED FURTHER: This Section is not intended to prevent any individual or group of individuals from petitioning Council in any other legal matters.

 7. Borough Council, through the Borough Manager, shall have the duty to preserve order in the Borough, to be responsible for enforcement of all laws, ordinances and regulations of the Borough, and for the direction and supervision of the Police Department. The Borough Manager shall, when directed to do so by and with the approval of Council, appoint the Chief of Police, and the Chief of Police, during such times as Chief of Police is appointed, shall be directly responsible to Council through the Borough Manager.

Source

   The provisions of this §  43.5-502 amended May 19, 1981, effective May 19, 1981.

Cross References

   This section cited in 362 Pa. Code §  43.5-504 (relating to legislation).

§ 43.5-503. Limitations.

 Council shall, in the conduct of its powers, be subject to the following limitations:

   1. Individual Council members shall not exercise any power of Council unless such authority shall be specifically delegated by Council or by this Charter.

   2. Except where authorized by law, no Council member shall hold any other borough office or borough employment during his term of office.

   3. Neither Council nor any of its members shall in any manner dictate activities or the appointment or removal of any borough officer or employee who is appointed by the Manager; but Council or any of its members may express its views and discuss with the Manager anything pertaining to the activities or appointment or removal of any of his subordinates.

   4. Any council member who shall have a special financial interest in a matter before Council shall abstain from voting on the question.

§ 43.5-504. Legislation.

  1. The following actions of Council shall be taken by ordinance:

    A. Adoption of the administrative code, referred to in §  43.5-502 of this Charter.

    B. Adoption of the personnel rules and regulations referred to in §  43.5-502 of this Charter.

    C. Adoption of procedures for purchasing of products, goods or services, for the making of contracts and for the sale or lease of personal or real property of the Borough, as referred to in §  43.5-502 of this Charter.

    D. Adoption of tax levies and authorization for service charges, fees and assessments.

    E. All other actions which are legislative in nature, which affect or regulate the conduct of the public, and provide a penalty for violation, and which create or establish any long-term, permanent physical change, right or privilege, or which amend or repeal any previously enacted ordinance.

 2. Ordinances shall become effective following the carrying out of the publication and recording requirements; however, a later date may apply when required by law or when specified in the ordinance.

 3. All other actions shall be taken by resolution or motion.

ARTICLE VI. THE COUNCIL: ITS PROCEEDINGS AND OPERATIONS


Sec.


43.6-601.    Organization.
43.6-602.    Regular, Adjourned and Special Meetings.
43.6-603.    Conduct of Meetings.
43.6-604.    Citizen’s Right to be Heard.
43.6-605.    Minutes of Meetings.
43.6-606.    Inquiries and Investigations.
43.6-607.    Form of Action.
43.6-608.    Publication of Notice of Enactment of Ordinances.
43.6-609.    Recording of Ordinances.
43.6-610.    Availability of Ordinances.
43.6-611.    Codification of Ordinances.
43.6-612.    Ordinance Violations.

§ 43.6-601. Organization.

 Council shall hold its organizational meeting on the second Monday of January of each even-numbered year. At the organization meeting, it shall elect one of its members as Vice-President of Council, who shall hold such office at the pleasure of Council. The Council shall transact any other business that it may deem necessary or appropriate at the organization meeting. PROVIDED: In any year when the first Monday of January shall be a legal holiday, the organization meeting of Council shall be held on the following day.

Source

   The provisions of this §  43.6-601 amended November 7, 1989, effective January 1, 1990. Immediately preceding text appears at serial page (107063).

§ 43.6-602. Regular, Adjourned and Special Meetings.

 Council shall hold regular meetings at least once a month, on such day and at such time as Council shall from time to time determine and schedule.

 Council may adjourn to a stated time for general business or for special business.

 A majority of the members of Council in office, not including the Mayor in his capacity as presiding officer, shall constitute a quorum. If no quorum is present at a regular or adjourned meeting, a majority of the members of Council who are present may agree upon another date and hour for a meeting, and members so present may continue so to agree until a meeting can be held with a quorum in attendance.

 Special meetings may be called by the Mayor on his own initiative or shall be called by him upon written request of at least two of the members of Council. Members shall have at least twenty-four hours’ notice of special meetings. The notice shall state the nature of the business to be considered. Presence at a meeting constitutes waiver of notice.

§ 43.6-603. Conduct of Meetings.

 Meetings of Council shall be open to the public and shall be conducted according to rules of procedure that shall be adopted from time to time by Council. Such rules shall be designed to assure full and equal participation in the deliberations of Council by all of its members.

§ 43.6-604. Citizens’ Right To Be Heard.

 The Council shall provide reasonable opportunity for interested citizens to address the Council on matters of general or special concern. This opportunity may be afforded the citizens either at the regular monthly Council meeting or at another public meeting specially set for this purpose.

§ 43.6-605. Minutes of Meetings.

 Council shall cause minutes of all its meetings to be made and preserved. The minutes shall be open to public inspection in the borough offices, during regular business hours.

§ 43.6-606. Inquiries and Investigations.

 In the conduct of inquiries and investigations, Council shall have authority to compel the attendance of witnesses and the production of books, papers or other evidence at any meeting of Council or of any committee thereof, and for that purpose may issue subpoenas, signed by the Mayor or the chairman of the committee, as the case may be, and may cause the same to be served in any part of the Commonwealth of Pennsylvania. The Mayor or committee chairman, as the case may be, shall have the power to administer oaths to witnesses.

§ 43.6-607. Form of Action.

 Official actions of Council may be by ordinance, resolution or motion. All actions that are legislative in nature shall be taken by ordinance. Action on any ordinance shall be taken at a lawful public meeting of Council and shall require a majority vote of the members present. An ordinance receiving an affirmative majority vote shall then be signed by the Vice President of Council, or in his absence by any other Council member, and attested by the Borough Secretary, who shall affix the Borough Seal and insert the date of the Council vote. The ordinance shall then be presented to the Mayor for his approval. If the Mayor approves the ordinance, he shall sign it; if the Mayor shall not approve the ordinance, he shall have the power to veto it within fourteen days of its date. If the Mayor vetoes the ordinance, he shall, at the same time, give his reasons in writing for such veto. Council may, by an affirmative vote of five members of Council, override the veto of the Mayor at the next meeting of the Council following the veto whether the meeting is a regular, special, or adjourned meeting.

 The enactment of an ordinance shall be the date when the Mayor shall approve it or the date of passage by Council over the veto of the Mayor or in the case of any ordinance neither approved nor vetoed by the Mayor, then on the date which is fifteen days after the original approval by Council.

 Ordinances shall be numbered consecutively and shall contain a clear statement that the document is an ordinance.

Cross References

   This section cited in 362 Pa. Code §  43.7-701 (relating to powers and duties of the mayor).

§ 43.6-608. Publication of Notice of Enactment of Ordinances.

 Notice of ordinances adopted by Council shall be published in one or more newspapers of general circulation in the Borough within seven days of enactment. The publication shall state where the full text of the ordinance may be examined and copies obtained. PROVIDED: In case of any ordinance which imposes or established penalties, (except for ordinances adopting codes complete in themselves, as referred to in §  43.6-609 of this Charter), the full text of ordinance shall be published and the publication in the newspaper shall state where copies of the ordinance may be obtained. PROVIDED FURTHER: In addition to the publication herein required after enactment of an ordinance, prior public notice of the intent to take action on a proposed ordinance may be made in any case at the discretion of Council.

§ 43.6-609. Recording of Ordinances.

 Within seven days after the enactment of an ordinance, the Borough Secretary shall cause to be recorded in the Borough Ordinance Book, a verbatim copy of such ordinance, which shall contain a notation of the date of enactment and the date of publication and the name of the newspaper in which publication was made. PROVIDED: It shall not be necessary to record in the Ordinance Book the full text of any ordinance where there is a specific provision in the laws of Pennsylvania permitting adoption and recording by reference, or in the case of any ordinance adopting, with or without amendment or modification, any building code, plumbing code or other code complete in itself, for the regulation of any trade, occupation or line of activity or undertaking, but in the latter cases it shall be necessary only to record the ordinance adopting the same by reference and indicating the borough office where the complete code or ordinance shall be available. PROVIDED FURTHER: Whenever an ordinance shall be specifically amended or repealed, the Borough Secretary shall cause a notation to that effect to be made in the Ordinance Book at the location where the recording of such ordinance shall commence. PROVIDED FURTHER: Whenever any ordinance shall prescribe a condition to its becoming effective, in the nature of an acceptance by a party thereto, the meeting of such condition or the failure to meet the same shall likewise be noted at the appropriate place in the Ordinance Book.

Cross References

   This section cited in 362 Pa. Code §  43.6-608 (relating to publication of notice of enactment of ordinances).

§ 43.6-610. Availability of Ordinances.

 The ordinance book shall be open and available for the public inspection and perusal in the Borough Building during office hours, and the Borough shall make available, at cost of reproduction, copies of any ordinances, upon request.

§ 43.6-611. Codification of Ordinances.

 The Borough’s codified record of ordinances shall be scheduled for review and updating no later than two years from the effective date of this Charter, and every five years thereafter. All resolutions having the force and effect of law shall also be included in the codification.

§ 43.6-612. Ordinance Violations.

 Violation of an ordinance shall constitute a summary offense, and prosecution for every such offense shall be according to the practice in the case of summary convictions, except where the laws of Pennsylvania shall specifically provide otherwise. Any ordinance may prescribe a penalty for the violation thereof, which may not exceed the maximum penalty that may be imposed by any non-charter borough in the Commonwealth for violation of an ordinance. All fines, penalties and costs collected shall be paid into the borough treasury for use of the Borough. PROVIDED: Any ordinance may provide that for continuing violations, each day that a violation exists may be regarded as a separate violation.

ARTICLE VII. THE MAYOR


Sec.


43.7-701.    Powers and Duties of the Mayor.

§ 43.7-701. Powers and Duties of the Mayor.

 The Mayor shall have and exercise the following powers and duties:

    1. The Mayor shall be the President of Council beginning with the effective date of this Charter, and thereafter.

    2. The Mayor shall be the ceremonial head of the Borough Government and the official representative of the Borough and its people. The Mayor may designate any other elected or appointed official of the Borough to act in his stead.

    3. The Mayor shall not have the right to vote upon any matter before the Council provided, however, if in the event any vote of Council results in a tie, the Mayor may cast a vote in order to resolve such tie or abstain from voting thereon. In all cases, however, the Mayor shall approve or veto any Ordinance of Council as set forth in §  43.6-607 of this Charter.

    4. The Mayor shall have the duty to preserve order in the Borough and to be responsible for enforcement of all laws, ordinances and regulations of the Borough and for the direction and supervision of the Police Department. He shall appoint the Chief of Police with the approval of Council, and the Chief of Police shall be directly responsible to the Mayor.

    5. Any emergency powers that Council may establish by ordinance to suppress mobs, riots and tumultuous assemblies, or to take over control in the case of emergency resulting from any natural or other disaster, shall devolve upon the mayor, unless Council, at the time of a specific emergency or disaster, shall determine that such emergency powers shall be exercised otherwise, for the duration of such emergency or disaster.

Source

   The provisions of this §  43.7-704 amended May 19, 1981, effective May 19, 1981; amended November 7, 1989, effective January 1, 1990. Immediately preceding text appears at serial pages (107067) to (107068).

Cross References

   This section cited in 362 Pa. Code §  43.2-203 (relating to powers vested in borough council).

ARTICLE VIII. THE MANAGER


Sec.


43.8-801.    Appointment, Qualifications and Tenure.
43.8-802.    Powers and Duties of the Manager.
43.8-803.    Acting Borough Manager.

§ 43.8-801. Appointment, Qualifications and Tenure.

 Council shall appoint and remove the Borough Manager. Council shall have the authority to enter into contracts with Managers, which may stipulate terms of employment and severance pay. The Manager shall be chosen on the basis of his executive and administrative qualifications. During his tenure as Borough Manager, he shall not hold any elective governmental office. The Manager shall reside within the Borough of Youngsville, or, with Council’s approval, within a five mile radius of the Borough’s municipal limits.

Source

   The provisions of this §  43.8-801 amended November 7, 1989, effective January 1, 1990. Immediately preceding text appears at serial page (107068).

§ 43.802. Powers and Duties of the Manager.

 The Manager shall be the chief executive and administrative officer of the Borough. He shall be responsible to Council for the administration of all borough affairs placed in his charge. He shall have the following specific powers and duties:

   1. With the consent of Council, the Manager shall appoint and remove all employees, subject to the limitations of the personnel system.

   2. The Manager shall direct and supervise all administrative activities of the Borough, except as otherwise provided by this Charter.

   3. The Manager shall prepare the agenda for all meetings of Council, and shall attend all meetings of Council, at which meetings he shall have the right to participate in discussions, but he shall not have the right or privilege to vote on any matter.

   4. The Manager shall make such recommendations to Council concerning borough policy as he shall deem desirable, or when he shall be instructed by Council to do so. He shall keep Council fully informed as to the conduct of borough affairs.

   5. The Manager shall prepare and submit to Council such reports dealing with financial, administrative and/or other matters as Council may request of him.

   6. The Manager shall be in charge of purchasing, subject to the limitations imposed by Council.

   7. The Manager shall be responsible for enforcing Ordinances and regulations of the Borough.

   8. The Manager shall perform such other duties as are required by Council.

Source

   The provisions of this §  41.8-802 amended November 7, 1989, effective January 1, 1990. Immediately preceding text appears at serial pages (107068) to (107069).

§ 41.8-803. Acting Borough Manager.

 The Manager may designate, in a letter to Council, an employee of the Borough to exercise the powers and perform the duties of manager during his temporary absence or disability, with the advice and consent of Council. During such absence or disability Council may revoke such designation and appoint another officer of the Borough to serve until the Manager shall return or his disability shall cease.

ARTICLE IX. FINANCE


Sec.


43.9-901.    Fiscal Year.
43.9-902.    Tax Levy.
43.9-903.    Submission of Budget and Budget Message.
43.9-904.    Budget Message.
43.9-905.    Budget Document.
43.9-906.    Capital Program.
43.9-907.    Notice and Hearing.
43.9-908.    Council Action on the Budget.
43.9-909.    Public Records.
43.9-910.    Amendments During the Fiscal Year.
43.9-911.    Lapse of Appropriations.
43.9-912.    Independent Audit.

§ 43.9-901. Fiscal Year.

 The fiscal year of the Borough shall commence on the first day of January and terminate on the last day of December. The fiscal year may be changed by ordinance, or shall be automatically changed when mandated by statute.

 When a change is made, Council shall determine the procedures and fiscal arrangements for the transition.

§ 43.9-902. Tax Levy.

 At the time the budget is adopted by Council, the required tax levies proposed in the budget are considered to be adopted or readopted unless separate ordinance action is mandated by statute.

 Council shall have the power to levy any taxes which are permitted by the Pennsylvania Constitution and authorized for municipal application by action of the General Assembly.

§ 43.9-903. Submission of Budget and Budget Message.

 On or before the thirtieth day prior to the end of the fiscal year, the Manager shall submit to the Council a budget for the ensuing fiscal year and an accompanying message. The submission date and other subsequent dates affecting the budget may be changed by Council, when desirable, to conform with a regional policy affecting the budget or when mandated by State law.

§ 43.9-904. Budget Message.

 The budget message submitted by the Manager shall explain the budget both in fiscal terms and in terms of programs, policies, activities and plans. It shall outline the proposed financial policies of the Borough for the ensuing year; describe the important features of the budget; indicate any major changes in financial policies, expenditures and revenues from the current year, together with the reasons for such changes; summarize the Borough’s debt position and include such other material Council may request or that the Manager deems desirable.

§ 43.9-905. Budget Document.

 The budget document shall provide a complete financial plan of all Borough funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the Manager deems desirable or as Council may require. The budget document shall provide that the budget submitted for each fund is balanced and that the total of proposed expenditures shall not exceed the total of the estimated revenue.

§ 43.9-906. Capital Program.

 The Manager shall prepare and include as a separate section in the annual budget submitted to Council a capital program of capital expenditures of a non-recurring and long-range nature, as the Manager shall deem desirable or as Council may require.

§ 43.9-907. Notice and Hearing.

 Council shall publish in one or more newspapers of general circulation in the Borough the general summary of the budget and a notice stating:

   1. The times and places where copies of the message and budget are available for inspection by the public.

   2. The time and place for a public hearing on the budget, which shall be at the next regular Council meeting, but not less than ten days after such publication.

§ 43.9-908. Council Action on the Budget.

 A. Amendment Before Adoption. Following the public hearing, Council may adopt the budget with or without amendment. In amending the budget, Council may add or increase programs or amounts, except for expenditures required by law, or for debt service; or may reduce or delete programs or amounts provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated revenue.

 B. Adoption. Council shall adopt the budget by resolution on or before the last day of the fiscal year currently ending.

 C. Appropriations. Adoption of the budget shall constitute the appropriation of the amounts specified therein as expenditures from the funds indicated, and shall constitute a levy of the taxes therein proposed.

§ 43.9-909. Public Records.

 Copies of the budget, as adopted, and of the capital program plan shall be public record and shall be made available to the public at suitable places in the Borough as determined by Council.

§ 43.9-910. Amendments During the Fiscal Year.

 A. Supplemental Appropriations. If, during the fiscal year there is evidence of a need for supplemental appropriation and there is available unencumbered revenues in excess of those estimated in the budget, Council may, by resolution, make such supplemental appropriations for the year in an amount not to exceed such excess.

 B. Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, Council may, during the year, by ordinance, make emergency appropriations.

 C. Reduction in Appropriations. If, at any time during the fiscal year, it appears probable that the revenues available will be insufficient to meet the amounts appropriated, Council shall take such action as it deems necessary to prevent or minimize any deficit, and for that purpose it may, by resolution, reduce or eliminate one or more appropriations.

 D. Transfer of Appropriations. At any time during the fiscal year the Manager may transfer part or all of any unencumbered balance appropriated for programs within a department, office, agency or other organizational level; and Council may, at any time during the fiscal year, by resolution, transfer part or all of any unencumbered balance appropriated to a department, office, agency or other organizational level to another.

 E. Limitations, Effective Date. No appropriation for debt service may be reduced or transferred and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance threreof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this Section may be made effective immediately upon adoption.

§ 43.9-911. Lapse of Appropriations.

 Every appropriation shall lapse at the end of the fiscal year to the extent that it has not been expended or encumbered and thereby shall be reflected in the cash balance estimated to be available at the commencement of the ensuing fiscal year.

§ 43.9-912. Independent Audit.

 Council shall provide for an independent annual audit of all municipal funds by a professional accountant or qualified outside auditor who has no personal interest, direct or indirect, in the fiscal affairs of the borough government or any of its elected or appointed officials. Council may provide for more frequent audits, as well as special audits, as it deems necessary. The auditor’s report, together with the auditor’s recommendations of the annual audit, and a complete financial statement of the fiscal affairs of the Borough shall be presented to Council no later than the last day of the third month following the fiscal year being audited.

 A summary of the financial statement and auditor’s recommendations of the general audit shall be published in at least one newspaper of general circulation in the Borough following receipt of the auditor’s report by Council.

ARTICLE X. TRANSITION AND CONTINUATION


Sec.


43.10-1001.     Rights, Property, Franchises, Liabilities and
 Obligations of the Borough.
43.10-1002.     Elected Officers.
43.10-1003.     Members of Authorities, Boards, and Commissions.
43.10-1004.     Appointive Administrative Officers and Employees.
43.10-1005.     Employee Rights and Privileges.
43.10-1006.     Prior Legislative Acts.

§ 43.10-1001. Rights, Property, Franchises, Liabilities and Obligations of the Borough.

 The Borough shall continue to own, possess, exercise and/or control, as the case may be, all rights, property and franchises of every kind or nature, owned, possessed, exercised and/or controlled by it when this Charter shall take effect, under the same conditions that applied at such time, and shall be subject to all debts, obligations and liabilities to which it was subject at the time when this Charter shall take effect, under the same conditions that applied at such time.

§ 43.10-1002. Elected Officers.

 Officers of the Borough elected by vote of the electors or appointed to fill a vacancy in such elected office, shall hold such office until their respective terms shall expire, but their powers and duties shall be those prescribed in this Charter or those to be exercised pursuant to this Charter. Vacancies thereafter occurring in any such office, if such office shall be provided for in this Charter, shall be filled in the manner and for the time provided for by this Charter. Vacancies thereafter occurring in any office that is not provided for as an elective office by this Charter shall not be filled.

§ 43.10-1003. Members of Authorities, Boards, and Commissions.

 Members of authorities, boards, and commissions in office at the time when this Charter takes effect shall remain in office for as long as their respective terms of appointment shall continue, unless and until an authority, board or commission shall be abolished, combined with another agency, or reconstituted, in which case, the members thereof shall vacate their respective offices upon notice from Council to do so.

§ 43.10-1004. Appointive Administrative Officers and Employees.

 Except as specifically provided by this Charter, if at the time this Charter takes effect, a borough administrative officer or employee holds any office or position which is or can be abolished by or under this Charter, he shall continue in such office or position until the taking of effect of abolition of such office or position.

§ 43.10-1005. Employee Rights and Privileges.

 Nothing in this Charter shall affect or impair any right or privilege possessed by or vested in any person who shall be a borough employee at the time of adoption of this Charter, and the adoption of this Charter shall in no way diminish or remove any of such rights and privileges.

§ 43.10-1006. Prior Legislative Acts.

 All ordinances, resolutions, rules and regulations of the Borough of legislative nature, or portions thereof, in force when this Charter takes effect, and not in conflict herewith, shall remain and continue in force until they either expire by their own terms, or are amended or specifically repealed, either in whole or in part pursuant to this Charter.

 Council shall have the power to amend, repeal or replace such enactments, pursuant to this Charter, or, when they deal with a matter outside the purview of this Charter, pursuant to the applicable enabling legislation.

 All ordinances and resolutions or amendments thereof in continued effect as of the effective date of this Charter shall be construed as if enacted under this Charter, but as of the date of their original enactment or amendment, as the case may be.



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