This Charter shall, upon approval by referendum
in the manner provided by the Home Rule Charter and Optional Plans
Law, as amended, become effective as of January 1, 1994, and the Borough
government shall operate under the terms and provisions hereof from
and after said date.
The initial Council Districts of the Borough
shall be the seven wards whose boundaries were established by the
Chester County Court of Common Pleas in 1987 (36 Ches.Co.Rep. 23 [1988]).
These seven districts will remain in effect under this Charter.
A.
All rights, claims, actions, orders, contracts and
legal administrative proceedings to which the Borough is a party shall
continue except as modified pursuant to the provisions of this Charter.
B.
All Borough ordinances, resolutions, rules and regulations
which are in force at the time this Charter is adopted not inconsistent
with the provisions of this Charter shall continue in force until
amended or repealed. All ordinances and resolutions 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.
C.
All Borough departments, bureaus, administrative units,
offices, agencies, authorities, boards and commissions shall continue
in existence and in accordance with current procedures, rules and
regulations, until modified by the provisions of this Charter. All
appointed members of boards, commissions, authorities, or other agencies
shall continue in office with the same or similar bodies for the remainder
of the term of their original appointment.
D.
The Borough shall continue to own, possess and control
all rights and property of every kind and nature, owned, possessed
or controlled by it when this Charter takes effect, and shall be subject
to all its lawful debts, obligations, liabilities and duties.
Members of Council and other Borough officials
in office on the day before this Charter becomes effective shall continue
in office for the remainder of the terms to which they were elected
on the effective date of this Charter, and they will assume the functions
and duties of Members of Council and other Borough officials as set
forth in this Charter.
The elected office of Tax Collector is abolished
and the Treasurer of the Borough shall serve as the tax collector.
Nothing in this Charter, except as otherwise
specifically provided, shall affect or impair the rights and privileges
of persons who are officers and employees of the Borough at the time
of adoption of this Charter. An employee holding a position in the
Borough government at the time this Charter takes effect and who was
serving in the same or similar position at the time of the adoption
of this Charter, shall not be subject to competitive tests as a condition
of continuation in the same or similar position, but in all other
respects shall be subject to the provisions of the applicable General
Law of the Commonwealth.
The Borough of West Chester Police Pension Plan
(the "Plan") shall conform to Commonwealth of Pennsylvania Act 600,
with the exception that benefits in excess of those allowed by Commonwealth
of Pennsylvania Act 600 may be granted only if the cost of such benefits
can be funded by Plan member contributions, by Plan surplus and/or
by municipal pension aid provided by the Commonwealth of Pennsylvania,
and there is no municipal contribution to the Plan required to be
made by the Borough of West Chester, either at implementation or after
audit. [Amended 7-15-1998 by Ord. No. 9-1998[1]]
[1]
Editor's Note: This ordinance was approved
by referendum held 11-3-1998.
All actions and proceedings of a legislative,
executive or judicial character which are pending upon effective date
of this Charter shall be maintained, carried on or dealt with by the
Borough officer, department or agency appropriate under this Charter.
