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Town of Denton, MD
Caroline County
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Table of Contents
Table of Contents
The Town shall operate on an annual budget. The fiscal year of the Town shall begin on the first day of July and shall end on the last day of the following June. Such fiscal year shall constitute the tax year, the budget year and the accounting year.
At or before the first Town Council meeting in April of each year, the Mayor shall submit to the Town Council a budget for the ensuing fiscal year and an accompanying message.
[Amended 9-18-1995 by Res. No. 4]
The Mayor's message shall explain the budget, both in fiscal terms and in terms of the work programs. It shall outline the proposed financial policies of the Town for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures and revenues, together with the reasons for such changes, summarize the Town's debt position and include such other material as the Mayor deems desirable.
The budget shall provide a complete financial plan of all Town funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the Mayor deems desirable or the Town Council may require. In organizing the budget, the Mayor shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, purpose or activity and object. It shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. It shall indicate in separate sections:
A. 
Proposed expenditures for current operations during the ensuing fiscal year, detailed by offices, departments and agencies in terms of their respective work programs and the method of financing such expenditures.
B. 
Proposed capital expenditures during the ensuing fiscal year, detailed by offices, departments and agencies, when practicable, and the proposed method of financing each such capital expenditure.
C. 
The total of proposed expenditures shall not exceed the total of estimated income and applied surplus, if any.
A. 
Notice and hearing. The Town Council shall publish in one or more newspapers of general circulation in the Town a notice stating:
(1) 
The times and places where copies of the message and budget are available for inspection by the public; and
(2) 
The time and place for a public hearing on the budget.
B. 
Amendment before adoption. After the public hearing, the Town Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service for estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated income or applied surplus, if any.
C. 
Adoption. The Town Council shall adopt the budget on or before the 10th day of June of the fiscal year currently ending.
D. 
Extension. If the budget is not adopted by July 1, a majority vote of the Town Council shall be necessary to extend the current budget for a single thirty-day period. Expenditures for that period shall not exceed one-twelfth (1/12) of the annual expenses of the current year.
Immediately upon adoption of the budget, the Town Town Council shall adopt an ordinance appropriating funds for the ensuing fiscal year. Funds shall be appropriated to each of the various departments, offices, agencies or functions in accordance with the adopted budget. The Appropriation Ordinance shall also include a summary of estimated income for the ensuing fiscal year in accordance with the adopted budget and shall levy all property and other taxes required to realize the income estimated.
A. 
Supplemental appropriations. If during the fiscal year, the Town Administrator certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Town Council may make supplemental appropriations for the year up to the amount of such excess.
B. 
Emergency appropriations. To meet a public emergency affecting life, health, property or the public peace, the Town Council may make emergency appropriations. Such appropriations shall be made by ordinance. To the extent that there are no available unappropriated revenues to meet such appropriations, the Town Council may by such emergency ordinance authorize the issuance of tax anticipation notes.
C. 
Transfer of appropriations. At any time during the fiscal year, the Town Administrator may transfer part or all of any unencumbered appropriation balance among programs within a department or office, and the Town Council may by resolution transfer part or all of any unencumbered appropriation balance from one department or office to another.
D. 
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 thereof. A three-fifths vote of all members of the Town Town Council shall be required for the authorization of supplemental and emergency appropriations and reduction or transfer of appropriations.
No officer or employee shall during any budget year expend or contract to expend any money or incur any liability or enter into any contract which by its terms involves the expenditure of money for any purpose, in excess of the amounts appropriated for or transferred to that general classification of expenditure pursuant to this Charter. Any contract, verbal or written, made in violation of this Charter shall be null and void. Nothing in this section contained, however, shall prevent the making of contracts or the spending of money for capital improvements to be financed in whole or in part by the issuance of bonds, nor the making of contracts or lease or for services for a period exceeding the budget year in which such contract is made, when such contract is permitted by law.
All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. All unexpended and unencumbered funds shall be considered a surplus at the end of the budget year and shall be included among the anticipated revenues of the next succeeding budget year.
All checks issued in payment of salaries or other municipal obligations shall be issued by the Town Clerk-Treasurer or, in the event of his/her absence or disability, the Town Council may authorize some other officer of the Town to issue and sign such checks. All checks shall be countersigned by the Town Administrator or by any member of the Town Council.
All real property and all tangible personal property within the corporate limits of the Town, or personal property which may have a situs there by reason of the residence of the owner therein, shall be subject to taxation for municipal purposes, and the assessment used shall be the same as that for state and county taxes. No authority is given by this section to impose taxes on any property which is exempt from taxation by any act of the General Assembly.
Immediately after the levy is made by the Town Council in each year, the Clerk-Treasurer shall give notice of the making of the levy by posting a notice thereof in some public place or places in the Town. He shall make out and mail or deliver in person to each taxpayer or his agent at his last known address a bill or account of the taxes due from him. This bill or account shall contain a statement of the amount of real and personal property with which the taxpayer is assessed, the rate of taxation, the amount of taxes due and the date on which the taxes will bear interest. Failure to give or receive any notice required by this section shall not relieve any taxpayer of the responsibility to pay on the dates established by this Charter all taxes levied on his property.
From the effective date of the budget, the amount stated therein as the amount to be raised by the property tax shall constitute a determination of the amount of tax levy in the corresponding tax year.
Real estate situated within an area annexed after July 1 in any year shall be assessed for taxes on a pro-rata basis; one-twelfth (1/12) for each month or portion thereof of the regular assessment made for state and county purposes for the year.
[Amended 1-26-1982 by lies. No. 296; 3-1-1993 by Res. No. 421; 3-3-2003 by Res. No. 624]
The taxes provided for in § C6-11 of this Charter shall be due and payable on the first day of July in the year for which they are levied and shall be overdue and in arrears on the first day of the following October. They shall bear interest while in arrears at the interest rate set annually by Caroline County. All taxes not paid and in arrears after six months shall be collected as provided in § C6-16.
A list of all property on which the Town taxes have not been paid and which are in arrears as provided by § C6-15 of this Charter shall be turned over by the Clerk-Treasurer to the official of the county responsible for the sale of tax-delinquent property as provided in state law. All property listed thereon shall if necessary be sold for taxes by this county official, in the manner prescribed by state law.
All fees received by an officer or employee of the Town government in his official capacity shall belong to the Town government and be accounted for to the Town.
The financial books and accounts of the Town shall be audited annually.
During the first six months of any fiscal year, the Town shall have the power to borrow in anticipation of the collection of the property tax levied for that fiscal year and to issue tax anticipation notes or other evidences of indebtedness as evidence of such borrowing. Such tax anticipation notes or other evidences of indebtedness shall be a first lien upon the proceeds of such tax and shall mature and be paid no later than six months after the beginning of the fiscal year in which they are issued. No tax anticipation notes or other evidences of indebtedness shall be issued which will cause the total tax anticipation indebtedness of the Town to exceed 50% of the property tax levy for the fiscal year in which such notes or other evidence of indebtedness are issued. All tax anticipation notes or other evidences of indebtedness shall be authorized by ordinance before being issued. The Town Council shall have the power to regulate all matters concerning the issuance and sale of tax anticipation notes.
The power and obligation of the Town to pay any and all bonds, notes or other evidences of indebtedness issued by it under the authority of this Charter shall be unlimited, and the Town shall levy ad valorem taxes upon all the taxable property of the Town for the payment of such bonds, notes or other evidences of indebtedness and interest thereon, without limitation of amount. The faith and credit of the Town is hereby pledged for the payment of the principal of and the interest on all bonds, notes or other evidences of indebtedness, hereafter issued under the authority of this Charter, whether or not such pledge be stated in the bonds, notes or other evidences of indebtedness or in the ordinance authorizing their issuance.
[Amended 1-21-1986 by Res. No. 339; 3-3-2003 by Res. No. 625]
The Town shall have the power to borrow money for any proper public purpose and to evidence such borrowing by the issuance of bonds, notes or other evidence of indebtedness. Such bonds, notes or other evidence of indebtedness may be sold either by private negotiations without advertisement or publication of notice of sale, or by public sale after solicitation of competitive bids, as determined by resolution or ordinance authorizing the issuance of the bonds, notes or other evidence of indebtedness. The Town exempts its bonds, notes or other evidence of indebtedness from Md. Code Ann. Article 31, §§ 9 through 11, as amended from time to time.
All bonds, notes or other evidences of indebtedness validly issued by the Town previous to the effective date of this Charter and all ordinances passed concerning them are hereby declared to be valid, legal and binding and of full force and effect as if herein fully set forth.
[Amended 10-30-1984 by Res. No. 327; 9-18-1995 by Res. No. 4]
A. 
The Councilpersons shall have the power to provide by ordinance for rules and regulations regarding purchasing such as the use of competitive bids.
B. 
All expenditures for supplies, materials, equipment, construction of public improvements or contractual services shall be made in accordance with the Town procurement ordinance. The Town at any time in its discretion may employ its own forces for the construction or reconstruction of public improvements without advertising for (or readvertising for) or receiving bids.