The legislative branch of the government of
the Borough shall consist of an elected governing body which shall
be known as the Borough Council, and hereinafter in this Charter may
also be referred to as "Council." The Council, when lawfully convened,
shall constitute the legislative, appropriating, policy-making and
governing body of the Borough.
Except as otherwise provided in this Charter,
the Council shall have and exercise all powers and duties now or hereafter
conferred or imposed on said Council by this Charter and by applicable
General Law, including but not limited to the power and duty to:
A. Exercise all legislative powers of the Borough.
B. Amend or repeal all ordinances and resolutions inconsistent
with this Charter or with applicable General Law.
C. Make appropriations, incur indebtedness and adopt
budgets.
D. Adopt and/or amend an Administrative Code.
E. Create, alter, combine or abolish municipal departments,
committees, administrative units, boards and commissions not chaired
by elected officials.
F. Create and abolish authorities in accordance with
the Pennsylvania Municipal Authorities Act, as amended.
H. Fix the amount of bonds to be given by officers and
employees.
I. Make or cause to be made such studies, audits and
investigations as it deems to be in the interest of the Borough.
J. Appoint or remove the Manager.
K. Receive and accept all gifts or donations of real
or personal property, or any interest therein in the name of the Borough.
L. Appoint or remove the Borough Solicitor and members
of all authorities, boards and commissions which may exist or which
may from time to time be established by the Council, except as otherwise
provided by applicable General Law or this Charter.
M. Adopt by ordinance a personnel system, including,
but not limited to, a pay plan for all Borough employment positions.
N. Adopt procedures which shall provide for the purchase
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 biddings, detailed
bidding procedures, assurance of controls on aggregate spending and
safeguards against the influence of special interests.
O. Exercise any of its powers or perform any of its functions,
and 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
subdivision or agency thereof. The Borough shall have authority to
cooperate with other municipalities and governmental units, to furnish
services to them and to accept services from them.
P. Adopt by ordinance in the Administrative Code all
necessary rules and regulations for its conduct and procedure. Such
rules shall be designed to assure full and equal participation in
the deliberation of the Council by all of its members.
Q. Make provision for any matter of Borough government
not otherwise provided for, including but not restricted to any necessary
matter involved in the transition to the form of government provided
by this Charter.
The Council shall be composed of seven members.
All Members of Council shall be elected by district, one from each
ward of the Borough.
No Member of council shall consecutively serve
more than two (2) complete four-year terms and the balance of an unexpired
term of a vacant Council seat. Thereafter, no such person shall be
elected or appointed to serve as a Member of Council for at least
two (2) years.
Members of Council shall be registered voters
of the Borough and shall have been residents continuously in their
ward for at least one (1) year preceding their election, or appointment,
and must remain continuous residents of their wards during their terms
of office.
The office of a Member of Council shall become
vacant upon his or her death, legal incompetency, resignation, forfeiture,
or removal from office in any manner authorized by this Charter or
General Law.
Whenever a vacancy exists in the office of a
Member of Council, the vacancy shall be filled by the following procedure:
A. The Council, by a majority vote of its total membership,
shall within thirty days from the time the office becomes vacant make
an interim appointment of a qualified person per Section 206 to fill
the vacancy. If the Council shall refuse, fail or neglect, or be unable,
for any reason whatsoever, to fill any vacancy within thirty days
(30) after the vacancy occurs, then the Mayor may vote on the appointment.
B. Should the Council, for any reason, fail to fill a
vacancy within forty-five days after the vacancy occurs, the Court
of Common Pleas, upon petition of any Member of Council or any five
registered voters of the Borough, shall make the interim appointments
to fill the vacancies which may exist.
C. Should sufficient vacancies exist so that the Council
lacks the necessary majority to make the appointment, the Court of
Common Pleas, upon petition of any Member of Council or any five registered
voters of the Borough, shall make the interim appointments to fill
the vacancies, one by one until a majority of seats are filled.
D. The person appointed to fill a vacancy shall serve
until the first regularly scheduled meeting of the Council at which
an elected successor assumes the office following a municipal, general,
or primary election at which the successor shall have been elected.
E. If there would remain at least four months of the
unexpired term after the date of the next regularly scheduled primary,
general, or municipal election which occurs at least ninety (90) days
after the vacancy occurs, then at that election a qualified person
shall be elected. A person elected to fill a vacancy shall assume
office at the start of the first regularly scheduled meeting of the
Council following certification of election, and shall serve for the
remainder of the unexpired term.
A majority of the Members of Council shall constitute
a quorum. The Council shall conduct no business except in the presence
of 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 for a meeting, and Members so present may continue so
to agree until a meeting can be held with a quorum in attendance.
The action of a majority of the Members of Council
present and entitled to vote shall be binding upon and constitute
the action of the Council, except as otherwise provided in this Charter.