Norristown shall have and may exercise all powers and perform
any functions not denied by the Constitution of Pennsylvania, the
General Assembly of Pennsylvania or this Charter as fully and completely
as though they were specifically enumerated in this Charter. [Cross
References: This section cited in 346 Pa. Code § 41.3-301
(relating to council — legislative powers and duties).]
The powers of the Municipal government shall be vested in the
governing body, the Municipal Council.
Where the Municipality has any power or duty and the responsibility
for the exercise of such power or the performance of such duty is
not fixed by this Charter, by the Acts of the General Assembly of
Pennsylvania that are uniform and applicable throughout the commonwealth
(hereinafter called "general law"), or by special law applicable only
to home rule municipalities, such power or duty shall be exercised
as follows:
A.
All powers or duties of the Municipality which are legislative in
nature shall be exercised and performed by the Council.
B.
All powers or duties of the Municipality which are administrative
in nature shall be exercised and performed by the Municipal Administrator
or Manager or such other employee of the Municipality as the Council
shall designate, except as otherwise specifically provided in this
Charter.
C.
In the event the nature of the power or duty is uncertain or the
law creating such power or duty requires cooperation between branches
of the Municipality, the President of the Council shall determine
responsibility for the exercise of such power or duty.
All powers and functions of the Municipality of Norristown contained
in any or all ordinances, resolutions, bylaws, rules and regulations
or portions thereof, which are in force on the effective date of this
Charter, and are not inconsistent with or in conflict with the provisions
of this Charter, shall continue in full force and effect until amended,
repealed, superseded, or expired by their own terms.
The Municipality may acquire by purchase, gift, devise, or condemnation
any property which may be needed by the Municipality for any public
use or purpose in accordance with the provisions of the Pennsylvania
Eminent Domain Code[1] and general law.
The powers of the Municipality shall be liberally construed
in favor of the Municipality in order to provide Norristown with the
greatest possible powers of self-government allowable in the Commonwealth
of Pennsylvania. Any specific mention of powers in this Charter shall
not be construed as limiting in any way the general powers of the
Municipality.
In the exercise of any of its powers or performance of any of its functions or responsibilities and the financing thereof, the Municipality shall have those powers of intergovernmental cooperation as set forth in Article IX, Section 5, of the Constitution of the Commonwealth of Pennsylvania.
