Borough of Bellevue, PA Administrative Code

Composition. The Town Council of the Borough of Bellevue, hereinafter referred to as the "Council," shall consist of nine members, three from each of three compact and contiguous wards, elected by the qualified voters in their respective wards. Said wards shall be as bounded and described by ordinance and set forth in the official Ward Map of the Borough. Modifications in the boundaries of said wards shall be made by ordinance; provided, however, that no modifications of said wards shall be made except to equalize the population of the wards after each decennial census of the population of the United States or to effect any other change required by the laws of the Commonwealth of Pennsylvania or of the United States.

Terms and election. Except as otherwise provided in § 2001 of the Charter, the terms of all members shall be four years, commencing at 8:00 p.m. prevailing time on the first Monday of January of the year following the year in which they are elected. The regular election of the Councilpersons shall be held on the municipal election day as established, from time to time, by the laws of the Commonwealth of Pennsylvania, commencing in the year 1977. Councilpersons shall only be elected to replace Councilpersons whose terms expire the first Monday in January next following such election or whose seats have fallen vacant.

Election procedure. The procedure for nomination and election of Councilpersons shall be established by the general laws of the Commonwealth of Pennsylvania for municipal elections.

Salary. During 1977, each Councilperson shall receive a salary at the same annual rate as that received by the highest paid Councilperson on January 1, 1977. Thereafter, each Councilperson shall receive such salary as the Council, from time to time, ordains. No ordinance increasing such salary shall become effective until the date of the commencement of the terms of Councilpersons elected at the next municipal election after such salary increase, and no ordinance fixing the salaries of Councilpersons shall be adopted less than nine months prior to a municipal election. Councilpersons shall receive no other compensation, direct or indirect, for the performance of their duties; they shall receive no pensions, insurance or other forms of fringe benefits. They shall, however, be entitled to their actual expenses incurred in the performance of their duties.

Qualifications of Councilpersons. A Councilperson shall be a citizen of the United States and shall have been a resident of the ward from which he is elected for at least three years next prior to the date of his election. He shall be a qualified voter within the Borough on the date of his election.

Authority. All councilmanic authority shall be asserted by the councilmanic body only. No individual Councilperson shall have any authority whatsoever under the Charter, unless such authority is specifically delegated by the Charter or by the Council acting as a body.

Prohibitions. No Councilperson shall hold any other compensated Borough office or Borough employment during the term for which he is elected to the Council, nor shall he act as a paid consultant to the Borough or hold any other elective public office, whether within the Borough or elsewhere, until after the expiration of the term for which he was elected to the Council.

Vacancies. The office of Councilperson shall become vacant upon his death, resignation, removal from office in any manner authorized by law of the Charter, or forfeiture of his office, or for death or for failure to assume such office after election thereto within 45 days after the commencement of the term thereof. A Councilperson shall forfeit his office if he:

Ceases to reside in the ward from which he is elected.

Lacks at any time during his term of office any qualification for the office prescribed by the Charter or by law.

Is convicted of a felony.

Fails to attend at least three consecutive regular meetings of the Council without being excused by the Council. In the case of failure of attendance, the Council shall declare such office vacant at least 10 days before the same shall be filled by appointment.

Organization of Council. The Borough Council shall organize at 8:00 p.m. on the first Monday of January of each even-numbered year by electing a President and Vice President, which shall constitute the organization of Council. The Council may, at the organization meeting, elect such other officers as may be provided by law, home rule charter or ordinance or as may be deemed necessary for the conduct of affairs of the Borough. The Mayor shall preside over the organization of Council until the election of the President is completed, at which time the President shall assume the chair.

Order of business for organization.

Administer the oath of office.

Election of President by Council. A majority of the entire membership of Council being necessary to constitute a quorum, election of the President shall be by voice vote with a record maintained indicating how each member of Council voted.

Election of the Vice President shall be in the same manner as the election of the President.

Election of such other officers as may be deemed necessary for the conduct of affairs of the Borough shall be in the same manner as the election of the President.

Adjournment to definite date.

Meetings. It shall be the duty of the Council to meet statedly at least once a month. Council may adjourn to a stated time for general business or for special business. If no quorum is present at a regular or adjourned meeting, a majority of those who do meet may agree upon another date for a meeting to consider like business and may continue so to agree until the meeting is held.

Regular monthly meeting. The regular monthly meeting of Council shall be held in the Council Chambers, Borough Building, Bellevue, Pennsylvania.

[Amended 2-9-2010 by Ord. No. 10-05]

Special meetings. Special meetings may be called by the President of Council and shall be called upon written request of 1/3 of the members thereof. Members of the Council and the Mayor shall have at least 24 hours' written notice of such special meetings. The notice shall state whether it is for general or special purposes, and if it is for special purpose, the notice shall contain a statement of the nature of the business to be considered. Presence at a meeting constitutes waiver of notice of such hearing.

Public meetings. All official meetings of the Council shall be open for public attendance. Notice of all regular meetings and, where time permits, of all special and adjourned meetings shall be published in a newspaper circulating generally within the Borough. All official votes of the Council shall be taken openly.

§ 5-3 Conduct of business of Council.

Quorum. A majority of the members of the Council shall constitute a quorum. The Council shall conduct no business except in the presence of a quorum.

Call to order. At the time appointed for any meeting of the Council, the presiding officer shall take the chair and call the meeting to order.

Order of business.

Roll call.

Pledge of allegiance.

Recognition of citizens, taxpayers and visitors for public comment limited to not more than five minutes per person.

Moment of silence.

Approval of the minutes of the last regular Council meeting and of any special meetings shall be obtained, copies of said minutes having been previously distributed to members of Council, the Mayor, Solicitor and Treasurer for their examination and review.

Report of the Mayor.

Report of the Solicitor.

Report of the Director of Administrative Services.

Report of the Treasurer.

Report of the Tax Collector.

Receive and file Planning Commission meeting minutes.

(12)

Report of the Finance Committee.

(13)

Report of the Public Safety Committee.

(14)

Report of the Public Works Committee.

(15)

Report of the Parks and Recreation Committee.[1]

Editor's Note: Original Subsection P, Report of the Code Enforcement Officer, which immediately followed this subsection, was repealed 6-3-2003 by Ord. No. 03-10.

(16)

Report of special committees.

(17)

Bids.

(18)

Unfinished business.

(19)

Reading of new resolutions and action thereon.

(20)

Reading of new ordinances and action thereon.

(21)

Miscellaneous or new business.

(22)

Presentation of memorials and communications.

(23)

Presentation and disposal of accounts and bills payable.

(24)

Recognition of citizens, taxpayers and visitors for public comment limited to not more than two minutes per person.

(25)

Adjourn.

Duties of the President. The President shall take the chair promptly at the hour designated in the call of the meeting, call the members to order and proceed with the regular order of business. He shall enforce the rules, preserve order and decorum, prevent personal reflections, confine members in debate to the question, announce to the Council all subjects, decide questions of order without debate and, when two or more members arise at the same time, decide who shall be first heard. He shall be, ex officio, a member of all committees.

Absence of President. In the absence of the President at the hour designated to call the meeting to order, the Vice President shall proceed with the regular routine of business until the President arrives. In the absence of the President and Vice President, the Mayor shall call the meeting to order and a President pro tem shall be selected from the Council body to proceed with the regular routine of business until the President or Vice President arrives.

Rules for members of Council.

Recognition. Any member desiring to speak shall make his intentions known and respectfully address the President being recognized by that officer, shall confine himself to the subject under debate, avoid all personalities, indecorum or offensive language.

Motions. Any member making a motion shall indicate his intention, and no motion shall be considered in debate until it shall have been stated by the President and, when demanded by a majority of the members of Council present, shall be reduced to writing and read before the same shall be debatable.

Interruptions. No member shall be interrupted while speaking, except to be called to order or for the purpose of explanation. If called to order, he shall cease speaking until the question of order be decided, when, if permitted, he may proceed.

Robert's Rules of Order. Council meetings and committee meetings shall generally follow the procedures of Robert's Rules of Order, except where specifically changed by this Administrative Code or other ordinance.

§ 5-4 Committees of Council.

Appointment of standing committees. The President of Council, not later than the next meeting after the organization meeting, unless Council directs otherwise, shall appoint and announce the standing committees.

Standing committees.

The standing committees shall consist of three members each, one from each ward, and shall be as follows:

Committee on Finance.

Committee on Public Safety.

Committee on Public Works.

Committee on Parks and Recreation

Every Councilperson shall serve on a minimum of one committee, and the President of Council shall be a member of one of the standing committees and shall be Chairman of the Committee of the Whole.

Special committees. All special committees shall consist of three members of Council and shall be appointed by the President.

Ad hoc committees. The President of Council may, at any time, appoint ad hoc committees to assist with the carrying out of the functions of Council. The presiding officer shall appoint the chairperson for each such committee. Any such committee appointed by the President shall, thereafter, report to Council at the regular stated meetings of that body. Any such committee shall have no authority and shall be constituted for study and recommendation only.

Duties, reports and restrictions.

[Amended 9-28-2010 by Ord. No. 10-11]

Committees shall duly consider such matters as shall be referred to them and shall report to Council no later than two regular Council meetings thereafter.

Committees may report to Council on any matter or subject pertaining to their duties without the same having been specifically referred to them.

It shall be the duty of all committees to report all their actions to Council for ratification.

No warrant shall be drawn for the payment of any bill rendered to the Borough unless and until the same is approved for payment by the majority of Council, provided that this section shall not apply to biweekly payroll payments, garbage collection bills, utility bills payable on which a time discount is allowed and all other bills payable on which a time discount is allowed if the bill is for a specific item(s) that Council has budgeted for or has provided a specific authorization for purchase.

§ 5-5 Official actions of Council. [1]

Official actions of the Council shall be taken by ordinance, resolution or motion, as provided in the Charter.

Certain specific action requiring an ordinance. In addition to any other actions required by law or by the Charter to be taken by ordinance, those actions of the Council shall be by ordinance, which:

Adopt or amend an administrative code or establish, alter or abolish any Borough department, office or agency.

Adopt or amend a code establishing a personnel system for the Borough.

Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed, except for fines of less than $1 per violation.

Levy taxes.

Grant, renew or extend a franchise.

Establish, alter or abolish rates charged for any utility or other service supplied by the Borough.

Authorize the borrowing of money.

Convey or lease or authorize the conveyance or lease of any lands of the Borough.

Amend or repeal any ordinance previously adopted unless such previous ordinance action could have been taken by resolution or motion.

Establish wages, hours or fringe benefits for any employees of the Borough.

Enacting clause. The enacting clause of all ordinances shall be: "the Town Council of the Borough of Bellevue hereby ordains."

General ordinance requirements. Every ordinance shall contain the date of its enactment, and its enactment shall be verified by the signature of the presiding officer of the meeting at which final action thereon was taken and attested by the Director of Administrative Services. The official seal of the Borough shall be affixed to the original copy of each ordinance. However, failure on the part of any person to sign or attest an ordinance and/or to affix the official seal shall not in any way invalidate an otherwise valid ordinance.

Penalty. The penalty for the violation of any ordinance shall not exceed $1,000 for each violation or 30 days' imprisonment in default of payment of fine. However, any ordinance may provide that, for continuing violations, each day that a violation exists may be regarded as a separate offense and be punishable as such. The limit of fines may be increased by the Council to the extent of the maximum fine that may be levied by any noncharter municipality in the Commonwealth of Pennsylvania as that limit is, from time to time, established by the General Assembly.

Adoption of ordinances. Before any ordinance takes effect, it first must be submitted to the Mayor for his approval. The Mayor shall sign the ordinance if he approves it, whereupon it shall become law as of its effective date. If he disapproves it, he shall veto it and shall return it to the Council with the reasons for his disapproval at the first meeting thereof held not less than 10 days after he receives it. If the Council shall pass the ordinance by a vote of 2/3 of all its members within 45 days after the ordinance has been returned with the Mayor's veto, it shall become law without his approval. If the Mayor does not return the ordinance within the time required, it shall become law without his approval.

Publication and effective date of ordinances. After adoption in the manner provided in § 505 of the Charter, all ordinances shall be published one time in a newspaper circulating generally within the Borough. The full text of the ordinance need not be published, instead the title and a general summary of the substance of the ordinance will be sufficient to meet said publication requirement. Publication shall occur with 10 days after the enactment of the ordinance. Except as otherwise provided in § 507 of the Charter in respect of emergency ordinances, the effective date of any ordinance shall be the publication date unless a later date is specified in the ordinance or required by the laws of the Commonwealth of Pennsylvania.

Emergency ordinances. To meet a public emergency affecting life, health, property or the public peace, the Council may enact one or more emergency ordinances, which may be adopted without prior notice and may be made effective immediately. Such emergency ordinances shall be adopted in the manner set out in § 505 of the Charter, except that if the Mayor disapproves any such emergency ordinance he shall veto the same and shall return it to the Council with the reasons for his disapproval within 24 hours after its enactment. Such emergency ordinances shall not levy taxes, grant, renew or extend a franchise, regulate the rate charged to any public utility or authorize the borrowing of money except as provided by the laws of the Commonwealth of Pennsylvania. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such alternate time as it may specify. Every emergency ordinance shall automatically stand repealed as of the 31st day following the day it was adopted, but this shall not prevent readoption of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

Recording of ordinances and resolutions. All ordinances and resolutions of the Borough shall be entered verbatim in permanent and separate record books for ordinances and resolutions. The Ordinance Book and the Resolution Book shall be open and available for public inspection during usual business hours. These books shall be in the custody and control of the Director of Administrative Services.

Ordinances requiring prior public notice and hearing. No final action shall be taken on the following types of ordinances without public hearing thereon and at least 10 days' prior public notice thereof published in a newspaper circulating generally within the Borough.

Zoning Ordinance and amendments thereto.

Adoption of the Zoning Map and amendments thereto.

Subdivision regulations.

Land development and land use regulations.

New taxes or increases in the rates of existing taxes. No prior public notice shall be necessary for the reenactment of taxes levied annually at the same rate.

Ordinances establishing or amending the Borough personnel system.

Ordinances establishing or amending the Administrative Code.

Ordinances modifying the boundaries of the Borough wards.

General procedures for preparation, introduction, and enactment of ordinances.

[Amended 10-6-2009 by Ord. No. 09-11; 5-25-2010 by Ord. No. 10-07]

Preparation of ordinances:

Council may direct the Solicitor to prepare a proposed ordinance or to review a proposed ordinance for its consideration;

Upon completion of the Solicitor's preparation or review, the Director of Administrative Services shall assign the proposed ordinance a temporary number and cause copies thereof to be provided to each member of Council.

Except as otherwise provided in the Home Rule Charter or Administrative Code, the procedure for enactment or adoption of ordinances shall be as follows:

[Amended 2-28-2017 by Ord. No. 17-04]

Introduction. A proposed ordinance may be introduced by a Council member at any regular or special public meeting. Such ordinance shall be submitted to the Director of Administrative Services in advance thereof, who shall place it on the agenda of the next public meeting for consideration. A proposed ordinance not included on the agenda shall be introduced and given consideration only with the affirmative vote of at least five Council members.

Advance advertisement. If the proposed ordinance is approved by Council upon consideration, the Borough shall publish either the full text of the proposed ordinance or the title and a summary of the ordinance setting forth all the provisions of the ordinance in reasonable detail, a reference to a place within the Borough where copies of the proposed ordinance may be examined, and the date, time and place when the ordinance will receive further consideration and possible enactment. Said advertisement shall be published at least once in one or more newspapers of general circulation in the Borough not more than 60 days nor less than seven days prior to the Council meeting scheduled for consideration and adoption of the ordinance. If the full text is not published, a copy of the full text of the ordinance shall be supplied to the newspaper in which the notice is published at the time the notice is published. In the event substantial amendments are made in the proposed ordinance, before voting upon enactment, Council shall, within 10 days, re-advertise in one or more newspapers of general circulation in the Borough a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.

Adoption by Council.

Provided that citizens of the Borough have been given the opportunity to express their views at the advertised public meeting, Council, at a regular meeting of Council, may:

[a]

Adopt the ordinance as proposed only at a regular meeting of Council;

[b]

Postpone action until a later meeting; or

[c]

Amend a proposed ordinance before final adoption.

If there is a postponement and no announcement made of a later date, time and place when the ordinance will receive further consideration or if an amendment makes any change in the substance of the ordinance as originally advertised, then no final action may be taken until the ordinance has again been advertised in accordance with Subsection J(2)(b). Final adoption of an ordinance, except as otherwise provided, shall require the affirmative vote of a majority of Council members present at a meeting.

General procedures for preparation, introduction, and adoption of resolutions.

[Added 5-25-2010 by Ord. No. 10-07]

Preparation of resolutions:

Council may direct the Solicitor to prepare a resolution for its consideration or to review a proposed resolution.

Upon completion of the Solicitor's preparation or review, the Director of Administrative Services shall assign the proposed resolution a temporary number and cause copies thereof to be provided to each member of Council.

Introduction and adoption of resolutions.

No resolution shall be introduced in Council for consideration unless a copy of the proposed resolution has been made available to each member of Council at least seven days prior to the meeting at which said resolution is introduced for consideration, unless 2/3 of the members of Council present at such meeting consent to the introduction of said resolution.

Council shall take action on an resolution only at a regular or special meeting after a brief explanation thereof, with reference to its temporary number, is given by the President of Council, the Director of Administrative Services, the Solicitor, or other member of Council so recognized by the chair for such purpose of introducing and explaining the purpose of such resolution.

Nothing herein is intended to limit Council in its discretion from authorizing and directing that notice of a proposed resolution be published or otherwise provided to the public, either prior to its consideration or upon its adoption, in such manner and methods as it may direct.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 5-6 Office of the Mayor.

Executive power. The executive duties of the government of the Borough shall be entrusted to the Mayor, who shall be the chief executive of the Borough and its official head.

Election, term and qualifications of the Mayor.

Except as provided in § 2001 of the Charter, the Mayor shall be elected by the qualified voters of the Borough at large for a term of four years commencing at 8:00 p.m., prevailing time, on the first Monday of January following the year in which he is elected and ending at the commencement of the term for which his successor is elected.

The election of the Mayor shall be held on the municipal election day as established, from time to time, by the laws of the Commonwealth of Pennsylvania, commencing in the year 1977. The procedure for nomination and election of the Mayor shall be as established by the general laws of the Commonwealth of Pennsylvania for municipal elections. The Mayor shall be a citizen of the United States and shall have been a resident of the Borough for at least three years next prior to the date of his election. He shall be a qualified voter within the Borough on the date of his election and shall be at least 21 years of age on the day prior to the date of his installation in office.

Salary. The Mayor shall receive a salary fixed by the Council by ordinance in an amount no less than 140% of the salary then received by the lowest paid Councilperson; provided, however, that no ordinance increasing such salary shall become effective until the date of commencement of the term of the Mayor elected at the next regular election of the Mayor following such salary increase, and provided, further, that such election follows the adoption of such ordinance by at least nine months.

Vacancies. The office of Mayor shall become vacant upon his death, resignation, removal from office in any manner authorized by law or the Charter, or forfeiture of his office, or for death, or for failure to assume such office after election thereto 45 days after the commencement of the term thereof. The Mayor shall forfeit his office if he:

Ceases to reside in the Borough.

Lacks at any time during his term of office any qualification for the office prescribed by the Charter or by law.

Is convicted of a felony.

Is absent from the Borough or becomes and remains unable to carry out the duties of his office for, in either case, a period in excess of 90 days.

Filling of vacancies. If a vacancy shall occur in the office of Mayor for any reason set forth in the Charter, such vacancy shall be filled in the manner provided in § 2001 of the Charter.

Absence or incapacity. During any absence from the Borough or incapacity of the Mayor for a period of 90 days or less, the President of Council shall serve as the Acting Mayor. The Acting Mayor, in addition to his duties and responsibilities as a member of Council, shall have all the powers and duties of the Mayor except the power of appointment or removal from office, but he shall not exercise the powers and duties of the office of President of Council during any period in which he serves as Acting Mayor. The Acting Mayor shall assume his duties upon the written request of the Mayor or by resolution of the Council and shall surrender the office at the return or recovery of the Mayor.

Incompatible offices. The Mayor, during his term of office, shall not hold any other elected public office, nor during such term shall he be a Borough employee.

§ 5-7 Function of the Mayor.

Powers and duties. The Mayor, in addition to any other powers and duties provided by the Charter, shall:

Assure that the ordinances of the Borough and the laws of the Commonwealth of Pennsylvania relating to the affairs and government of the Borough are duly executed and enforced within the Borough.

Present to the Council, from time to time, such information concerning the business and affairs of the Borough as he may deem necessary or as the Council, by resolution, may request, and recommend such measures for legislative action as may be in the best interest of the Borough.

Appoint and dissolve, at his discretion, voluntary committees of citizens to assist and advise him on issues and matters pertaining to his office or to the municipal affairs of the Borough.

Have the right to attend meetings of the Council and equal right with Councilpersons to participate in their deliberations. He shall have no right to vote on any matters before the Council except in the event of a tie vote of the Council, in which case, if present, he shall have the right to cast the deciding vote.

Have the right of access at all times to the records of any office, department, board or commission of the Borough.

Have all necessary incidental powers to perform and exercise any of the duties and functions of his office as set forth in the Charter or as lawfully delegated to him.

Department of Police. Operation and administration of the Police Department shall be under the general supervision of the Mayor acting through the Chief of Police.

Submission of budget and budget message. Not less than 45 days prior to the first regular meeting of the Council in each fiscal year, the Mayor shall submit to the Council a proposed budget for the ensuing fiscal year and an accompanying message. The Council shall assist the Mayor in preparing the proposed budget.

Budget message. The Mayor's message shall explain the budget both in fiscal terms and in terms of programs. It shall outline the proposed financial policies of the Borough 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 Borough's debt position and include such other material facts as the Mayor deems desirable.

Budget. Both the proposed budget and the budget as adopted shall provide a complete financial plan of all Borough funds and activities for the ensuing fiscal year and, except as required by law, by the Charter or by resolution of the Council, shall be in such form as the Mayor deems desirable. 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.

§ 5-8 Departmental organization.

Administrative departments. Administrative departments shall, from time to time, be established by the Council by ordinance. The Council, by a vote of an absolute majority of its members, shall appoint the director of each department, who shall become the highest ranking employee in that department. The regular, continuing work and administration of the Borough and its administrative departments, with the exception of the Police Department, shall be under the general supervision of the Council acting through the office of the Director of Administrative Services.

Administrative organizations. The administrative organizations shall consist of the following:

Department of Administration.

Department of Finance.

Department of Law.

Department of Parks and Recreation.

Department of Police.

Department of Public Safety.

Department of Public Works.

Department head. All department heads, except the Chief of Police, shall be appointed by Council and shall serve at the pleasure of Council. Department heads shall be chosen solely on the basis of executive, administrative and technical qualifications as are pertinent to the function, duties and operation of their respective departments and as are prescribed by law.

Duties of department heads. The duties of all department heads shall consist of the following:

Direct personally and through subordinates the performance of all functions, duties and operations assigned to and required of the department and its subordinate units by law, the Charter or ordinance and such other activities as may be required by Council which are not in conflict with law, the Charter or ordinance.

Develop and prescribe the internal organization of the department and its subordinate units, in accordance with applicable provisions of law, the Charter or ordinance.

Assign duties and responsibilities to subordinate officers and employees within the department and modify those assignments consistent with and in response to the changing exigencies of service.

Develop and prescribe, in written form, an administrative manual for the department.

Prepare and submit departmental budget requests in accordance with schedules, forms and policies.

Prepare and submit reports.

Cooperate with and furnish to any department or unit of the Borough any information, service, labor, material and equipment that may be necessary to perform a municipal function.

Develop and maintain internal administrative and budgetary controls and productivity and performance standards to assure maximum levels of quality and quantity of service within budgetary limitations.

§ 5-9 Department of Administration.

Department head. The Department of Administration shall be headed by the Director of Administrative Services, who shall be responsible to Council for the performance of the function of this office.

Appointment, qualifications and terms of employment. The general administration of the business of the Borough shall be entrusted to the office of the Director of Administrative Services. The Director of Administrative Services shall be appointed by a vote of an absolute majority of the Council. He shall be, or upon his appointment shall become, a Borough employee. The Council shall stipulate the terms, conditions and tenure of his employment by ordinance or by contract. He shall be appointed with regard to merit and fitness and on the basis of his executive and administrative qualifications. During his tenure as Director of Administrative Services he shall not hold any elective public office.

Function. The Director of Administrative Services shall serve as secretary and administrative assistant to the Council.

Powers and duties. In addition to any other powers and duties assigned to him by the terms of the Charter or by ordinance, he shall:

Attend all meetings of the Council and keep full minutes of its proceedings.

Transcribe the bylaws, rules, regulations, ordinances and resolutions adopted by the Council into a book or books kept for that purpose.

Preserve and maintain all records and documents of the Borough.

Have custody of the corporate seal of the Borough and deliver the same to his successor along with all books, papers and other records and things belonging to the Borough.

Certify copies of any book, paper, record, bylaw, rule, regulation, resolution, ordinance or proceeding of the Borough under the seal thereof.

Attest, by his signature, the execution of all instruments and ordinances of the Borough.

File or record proof of service of all notices required by law and by the Charter.

Receive and dispatch all official Borough correspondence.

Supervise the authorized purchase of goods and services for the Borough according to the instructions of the Council.

Prepare and disburse the Borough payroll.

Assist the Council and the Mayor in the preparation of the Borough budget.

(12)

Under the direction of the Council, supervise the day-to-day operation of all departments of the Borough, except the Police Department.

(13)

Make available, upon request, to any elected officer of the Borough information in his custody related to the business of the Borough.

(14)

Perform or cause to be performed any other administrative act reasonably related to the business of the Borough requested of him by the Mayor, the Council or any committee of the Council.

(15)

Have all necessary incidental powers to perform and exercise any of the duties and functions of his office as set forth in the Charter or as lawfully delegated to him.

(16)

Administer the personnel system of the Borough subject to the provisions of law, the Charter or ordinance, including such matters as:

Recruiting and recommending for Council's consideration, through its appropriate committees, persons for Borough employment, except those positions covered by civil service.

Participating in and administering labor relations programs, including conducting contract negotiations, contract administration and related programs, at the direction of Council.

Developing and maintaining records reflecting all aspects of the service of Borough employees.

(17)

Provide assistance to the Council and the Chief Executive Officer in the development of operating budgets, long-term fiscal programs and related budgetary and administrative analyses, including:

Developing a budget calendar, forms and procedures subject to the provisions of law, the Charter or ordinance.

Participating in budget and analyses and hearings relative to budget requests, budget amendments and budget allocations.

Maintaining budget expenditure control during the course of the fiscal year and keeping the Council and Chief Executive Officer informed on the progress and development of plans, policies and programs as they relate to the budget.

Reviewing, analyzing and recommending improvements in the administrative organization and procedures throughout the Borough.

(e)

Assisting departments and other units of the Borough in the development of administrative manuals and in the solution of administrative and organizational problems.

(f)

Performing such research and studies as Council may direct.

§ 5-10 Department of Finance.

The Department of Finance shall be under the direction of a standing committee of Council appointed by the President in accordance with the rules of Council.

Function. The function of the Department of Finance shall be:

To direct and administer Borough activities pertaining to the receipt, expenditure, accounting, investment, custody and control of Borough funds, assets and property except to the extent that any such activity is expressly charged to other departments, offices or agencies by the terms of the Charter.

Provide long-term financial planning and develop a financial policy for the Borough.

Conduct economic research and forecast the finances relevant to the Borough.

Ensure proper financial control of the Borough by monitoring the receipts and expenditures of all departments.

To provide for and supervise the Treasurer in a comprehensive accounting system, including budgetary controls, in accordance with generally accepted accounting principles.

To provide for the prudent investment of Borough funds.

To serve as liaison between the Borough and School Board in the collection and administration of tax policies.

Chief Fiscal Officer; Treasurer. The Treasurer shall be responsible for the daily activities pertaining to the receipt, expenditure, accounting, investment, custody and control of Borough funds as stated in the Charter or as may be directed by Council.

Appointment of Treasurer. The Council may appoint a Borough Treasurer, may direct another Borough officer to serve in that capacity, or may combine the office of Treasurer with other appropriate offices to create a Department or Office of Finance. Either an individual or a bank may serve as appointed Treasurer. Councilpersons, the Mayor, the elected Borough auditors and accountants named as independent auditors pursuant to § 1612 of the Charter shall be ineligible to serve as Treasurer during their respective terms of office. The Treasurer shall serve at the pleasure of the Council.

Qualifications of Treasurer. The Treasurer shall be appointed on the basis of qualification and experience in financial matters. The Treasurer, if an individual, shall be a citizen of the United States, at least 21 years of age, shall have at least two years' professional experience in the field of finance and shall have been a resident of the Borough for at least three years next prior to his appointment.

Powers and duties of Treasurer. The Borough Treasurer shall be the Chief Fiscal Officer of the Borough. He shall:

Receive from the Tax Collector, account for and deposit into the Borough Treasury all taxes, fees, funds, assessments or charges that are levied, established or received by the Borough for general or special purposes. Such deposit shall be made not later than the first business day following the day in which the funds are received.

Disburse Borough funds pursuant to authorizations for payment made by the Council as provided in the Charter.

Arrange for temporary investments of Borough funds and make such other investments as shall be directed by the Council.

Deposit the funds of the Borough in various depositories as designated by the Council. All such accounts shall be in the name of the Borough.

§ 5-11 Department of Law.

The Department of Law, headed by the Borough Solicitor, shall be responsible for advising Council, its committees and the Chief Executive Officer upon all legal questions arising in the conduct of Borough business.

Duties of Borough Solicitor. The Borough Solicitor shall be the chief legal officer of the Borough. He shall:

Furnish legal advice to the Council and to other officers of the Borough, if so authorized by Council, concerning any matter or thing arising in connection with the exercise of their official powers or performance of their official duties and, except as otherwise directed by the Council, supervise, direct and/or perform all the legal work of the Borough.

Upon the authorization of the Council, represent the Borough and every Borough officer, department, board or commission in all litigation or on matters before official regulatory agencies or other governmental bodies and collect, by suit or otherwise, all debts, taxes and accounts due to the Borough which shall be placed with him for collection by any office, department, board or commission.

Prepare or approve all contracts, bonds or other written instruments in which the Borough is concerned and approve all surety bonds required to be given for protection of the Borough.

At the direction of the Council, investigate any alleged violation of ordinances of the Borough and take such steps and adopt such means as may be reasonably necessary or appropriate to enforce or cause the enforcement of such ordinances.

Upon the request of the Council or the chairperson of any committee of the Council, prepare or assist in preparing any ordinance or resolution for presentation before the Council.

Have all necessary incidental powers to perform and exercise any of the duties and functions of his office as set forth in the Charter or as lawfully delegated to him.

Attend all stated meetings of Council and attend such other meetings as requested by Council.

Alternate or supplementary legal counsel. Nothing in this section shall be construed to prevent the Borough from retaining alternate or supplementary legal counsel to perform specialized or temporary legal services for the Borough as the Council, from time to time, deems necessary, nor shall this section be construed to prevent any officer of the Borough or Borough department, board or commission from retaining separate legal counsel where such an act is specifically authorized by the Council.

Access to records. The Borough Solicitor shall have the right of access at all times to the records of any office, department, board or commission of the Borough.

§ 5-12 Department of Parks and Recreation.

The Department of Parks and Recreation shall be responsible for directing the maintenance and operating the public parks and library of the Borough and developing, conducting and supervising recreation programs.

Function. The Department of Parks and Recreation shall be under the direction of a standing committee of Council appointed by the President in accordance with the rules of Council.

Department head. The Director of Administrative Services shall be the head of the Department of Parks and Recreation.

Duties of department head. It shall be the duty of the Director of Administrative Services to supervise the day-to-day operation of the department as outlined in Subsection D below in accordance with the terms of the Charter.

Duties of the Department of Parks and Recreation.

The Department of Parks and Recreation shall be in charge of planning and conducting the recreational facilities of the Borough and operate the facilities necessary therefor.

It shall, in conjunction with other governmental and private agencies participating therein, carry on such recreational programs as may be provided for by the Commonwealth of Pennsylvania or by agreement with other agencies and municipalities.

Plan and lay out the facilities of parks and recreational areas within the Borough and work with any other agencies when the need arises.

Make recommendations to Council on rules and regulations concerning the utilization of programs and facilities, schedule of fees for programs and facilities, and operation of concessions at park and recreational facilities.

Supervise the overall operation of the parks, pool, other Borough recreational facilities and library and make recommendations for their maintenance, improvement and operation.

§ 5-13 Department of Police.

The Department of Police shall be responsible for the protection of persons and property within the Borough against crime.

Responsibility. Responsibility for keeping of peace and order in the Borough shall be vested in the Police Department of the Borough. The Borough of Bellevue may agree with the Borough of Ben Avon, Borough of Ben Avon Heights and Borough of Emsworth or any of said boroughs, for the purpose of providing police or police services for the Borough of Bellevue and said municipality or municipalities.[1]

Editor's Note: Amended to reflect 2004 amendment to the Home Rule Charter.

Duties. The Police Department and its personnel shall at all times aid the administration and enforcement within the Borough of the laws of the United States of America, the Commonwealth of Pennsylvania and the ordinances of Allegheny County and of the Borough. It shall be the duty of the Police Department to:

Preserve the public peace.

Prevent and detect crimes against persons and property.

Police the streets and highways.

Enforce traffic statutes, ordinances and regulations relating thereto.

Enforce all criminal laws and ordinances.

Detect and apprehend offenders and suspected persons.

Maintain records and files of crimes and criminals.

Operate facilities for the safekeeping of prisoners.

Develop and conduct community relations and education programs.

Operate and maintain the police radio and other municipal radio and emergency communication systems as may be assigned to the Department by the Chief Executive Officer.

Maintain records and logs relating to radio and emergency communication systems as are required by law.

Operation and administration. Operation and administration of the Police Department shall be under the general supervision of the Mayor acting through the Chief of Police. The routine operation of the Police Department, including, but not limited to, the direction of the time during which, the place where, and the manner in which the police force shall perform its duties, shall be under the sole supervision of the Chief of Police.

Department head. The Department of Police shall be headed by a Chief who shall be responsible to the Chief Executive Officer for the performance of the function of the department.

Supervision of the Police Department. The highest-ranking officer within the Police Department shall be designated the Chief of Police. The Chief of Police shall be named and appointed by the Mayor with the confirmation of an absolute majority of the Council and shall serve at the pleasure of the Mayor. He shall meet all the qualifications for other Borough police officers as set out in § 1104 of the Charter and, in addition, shall have at least three years' creditable service in the field of law enforcement next prior to his appointment.

Selection of police officers and department employees. All Police Department personnel shall be, or upon their employment shall become, Borough employees. Except as hereinafter provided in this section, members of the police force, other than the Chief, shall be selected in accordance with the appointment provisions of the police civil service statutes of the Commonwealth of Pennsylvania applicable to the Borough in effect at the time of such selection. Police Department employees who are not members of the police force, as described in said statutes, shall be selected in accordance with the Borough personnel system as set forth in the Charter. All police officers shall have passed complete medical examinations as established by the civil service rules of the Borough of Bellevue of 1996, as amended, which are incorporated herein by reference thereto. All police officers shall be required to undergo and have passed psychological and/or psychiatric examinations.

Powers. Police officers shall have all the powers, protections and prerogatives now or hereafter conferred upon Borough police officers by ordinance or by law and upon constables of the Commonwealth of Pennsylvania. They shall have the power to make lawful searches, seizures and arrests for violation of any statute or ordinance in force in the Borough and to do such other acts as may be required of them by statute or ordinance.

§ 5-14 Department of Public Safety.

The Department of Public Safety shall be under the direction of a standing committee of Council appointed by the President in accordance with the rules of Council.

Function. The Department of Public Safety shall be responsible for the protection of persons and property within the Borough and the enforcement of applicable laws, ordinances, codes and regulations; shall be responsible for the protection of persons and property within the Borough against fire and have supervision over all matters pertaining to the Fire Department.

Duties. The duties of the Department of Public Safety are:

To provide and maintain a Police Department as directed by the Charter of the Borough.

To receive a list of those candidates eligible to serve as police officer or firefighter from the Civil Service Commission and to recommend to Council that applicant who appears to be most qualified.

To provide, maintain and repair fire-fighting equipment, vehicles and accessory equipment as well as provide operators for major fire vehicles. All such fire equipment shall be available to the volunteer fire company for its use in the conduct of fire control and prevention.

To operate and maintain the fire radio, fire alarm and other components of the fire emergency communications system except to the extent that these functions are performed by another department.

To enforce laws, ordinances, rules and regulations in relation to fires and fire hazards.

To develop and conduct community relations and education programs.

To provide code enforcement programs to:

Enforce building, electrical, plumbing, heating, fire, housing, demolition and such other related structural codes as may be enacted by law or ordinance.

Issue such licenses and permits as may be required by ordinance.

To provide communication system services which operate and maintain radio and other emergency communication systems.

To provide health services and serve as liaison between the Council of the Borough and the Allegheny County Department of Health.

The Volunteer Fire Company.

The elected Chief of the Volunteer Fire Company is not a Borough employee but may act as a "department head" in some matters. He may function as a liaison from the Volunteer Fire Company to the Borough's Director of Administrative Services and the Council's Public Safety Committee in matters pertaining to budget considerations and recommendations, fire-fighting equipment needs, the performance evaluation of the Borough's paid firefighters relative to their fire-fighting work and in other fire protection and prevention related matters as the Committee and/or Council may determine, based on the needs of the Borough.

The Volunteer Fire Company is hereby authorized to:

Prevent and extinguish fires.

Identify, remove and control fire hazards.

Conduct investigations, in cooperation with appropriate police authorities, into suspected crimes relating to fire.

Maintain records relating to fires and fire hazards.

(e)

Maintain records and logs in relation to radio and the emergency communication system, as required by law.

§ 5-15 Department of Public Works.

The Department of Public Works shall be under the direction of a standing committee of Council appointed by the President in accordance with the rules of Council.

Function. The Department of Public Works shall be responsible for the design, construction and maintenance of those physical structures and facilities that are owned and maintained by the Borough to house governmental functions and to carry out such other design, construction and maintenance functions as shall be directed by Council or other departments.

Department head and duties. The Superintendent of Public Works shall be the head of the Department. It shall be the duty of the Superintendent to conduct the day-to-day affairs of the Public Works Department as outlined below in Subsection C and in accordance with the terms of the Charter.

Duties. The Department of Public Works shall:

Provide engineering services for the Borough.

Construct and maintain the streets, bridges, curbs and gutters of the Borough, including the provision of street cleaning, snow removal and ice control services.

Construct and maintain storm and sanitary sewer facilities, structures and appurtenances.

Install and maintain traffic control devices and directional signs and signals, street name signs and parking meters, at the direction of Council.

Provide for the collection and disposal of solid wastes.

Construct, maintain and provide for custodial services for the Borough Hall.

Provide for inspection and related procedures to assure proper maintenance and repair of sidewalks in accordance with Borough ordinances.

Plan, develop, design and administer, in cooperation with other appropriate departments and agencies of other governments, expansion and modification of facilities for which the Department is responsible.

Supervise the installation and maintenance of streetlighting, at the direction of Council.

§ 5-16 Municipal Employee Pension Board.

Function. The Municipal Employee Pension Board shall be responsible for the administration of the Municipal Employees Pension Plan.

Membership. The Municipal Employee Pension Board shall consist of five members as prescribed by this chapter, the President of Council, the Chairperson of the Finance Committee, the Treasurer, the Director of Administrative Services, and a Borough employee who is a member of the plan, elected by a majority of the Borough employees who are members of the plan.

Duties. The duties of the Municipal Employee Pension Board shall be to:

Execute and fulfill all duties and responsibilities vested in the Municipal Employee Pension Board by law or ordinance governing the pension system.

Make available to participants of the pension system records as may pertain to their individual accounts.

Act in accordance with all determinations or allocations made by the actuary of the pension system.

Review the periodic valuation report of the pension system prepared by the actuary and forward said report with any recommendations concerning the status of the system to Council.

§ 5-17 Police Pension Board.

Function. The Police Pension Board shall be responsible for the administration of the Police Pension Plan.

Membership. The Police Pension Board shall consist of five members as prescribed by this chapter, the President of Council, the Chairperson of the Finance Committee, the Treasurer, the Director of Administrative Services, and a Borough employee who is a member of the fund, elected or appointed by the Borough employees who are members of the Police Pension Plan.

Duties. The duties of the Police Pension Board shall be to:

Execute and fulfill all duties and responsibilities vested in the Police Pension Board by law or ordinance governing the police pension system.

Make available to participants of the police pension system records as may pertain to their individual accounts.

Act in accordance with all determinations or allocations made by the actuary of the police pension system.

Review the periodic valuation report of the police pension system prepared by the actuary and forward said report with any recommendations concerning the status of the system to Council.

§ 5-18 Planning Commission.

The composition, compensation, eligibility for membership, appointment, term, vacancy, removal, conduct of business, powers and duties of the Planning Commission shall be governed by the provisions of the Pennsylvania Municipalities Planning Code and by the provisions of this section insofar as they are not inconsistent with the said Municipalities Planning Code.[1]

Function. The Planning Commission shall advise Council upon all plans related to development within the Borough as outlined in the Charter, and progress reports shall be given at six-month intervals commencing June 1, 1977.

Powers and duties. In addition to any other powers or duties granted to the Borough Planning Commission by ordinance as set forth in § 1301 of the Charter, the Council shall require the said Planning Commission to:

Formulate and present to the Council for approval a Comprehensive Plan as described in § 1305 of the Charter. The Commission shall from time to time, but in any case not less than once every five years, review said approved Comprehensive Plan to determine whether or not it provides adequately for changed conditions within the Borough and recommend to the Council any amendment to the Plan which the Commission believes necessary to meet such change of condition.

In conjunction with the preparation of the Comprehensive Plan, thoroughly review the Borough Zoning Ordinance and submit to the Council, within two years after the effective date of the Charter, a detailed report concerning the effect of the said Zoning Ordinance upon existing and recommended future land use in the Borough and containing the Commission's recommendations for change in the ordinance.

Periodically review existing Borough housing, building and plumbing codes (Chapter 100) and regulations to determine whether such codes and/or regulations provide adequately for minimum modern standards of sound construction and upkeep of buildings and plumbing facilities in the Borough and recommend to the Council the adoption or amendment of any ordinance which the Commission deems necessary to achieve such standards.

Upon the request of the Council, nominate qualified persons to fill the offices of Code Enforcement Officer, Borough Building Inspector, Borough Fire Marshal, Borough Electrical Inspector and Borough Plumbing Inspector.

Comprehensive Plan. Within two years after the effective date of the Charter, the Planning Commission shall prepare and recommend to the Council a comprehensive plan for the development of the Borough (Comprehensive Plan), which shall include, but not be limited to, the related basic elements required of a comprehensive plan as set out in the Pennsylvania Municipalities Planning Code. In preparing said Comprehensive Plan, the Planning Commission shall make careful surveys and studies of existing conditions and prospects for future growth in the Borough, including, among other things, responsible projections of expected demographic, environmental and economic developments within the Borough and its vicinity within the next 25 years.

Professional planning assistance. The Planning Commission may request the approval of the Council to retain the services of a professional consultant or firm of consultants to assist the Commission in discharging its duties.

Zoning Hearing Board. The Zoning Hearing Board of the Borough of Bellevue, heretofore created, shall continue in being, but the composition, compensation, eligibility for membership, appointment, term, removal, conduct of business, powers and duties of said Zoning Hearing Board shall be as set out in the Pennsylvania Municipalities Planning Code.

Applicable statute. As used in this section, the term "Pennsylvania Municipalities Planning Code" shall mean the Pennsylvania Municipalities Planning Code (Act 247 of 1968), as amended by Act 170 of 1988, and as now or hereafter amended, supplemented, reenacted or supplied.[2]

Editor's Note: See 53 P.S. § 10101 et seq.

Editor's Note: See 53 P.S. § 10101 et seq.

§ 5-19 Contracts and expenditures.

Requirements. All contracts of the Borough involving sums in excess of the minimum amount (to be established in the manner set forth in § 1808 of the Charter) shall be in writing and shall be executed on behalf of the Borough by the President of Council or, in his absence, by the Vice President of Council. The President of Council shall also execute all contracts, regardless of amount, for the purchase, sale, leasing or use of real estate. Unless otherwise provided by ordinance, the Director of Administrative Services may execute contracts on behalf of the Borough involving sums of less than the minimum amount, pursuant to budget or other prior authorization. Authorization for contracts for the construction of public capital improvements shall be given by ordinance. Any person required to execute a written contract on behalf of the Borough may request the Borough Solicitor to approve the same as to form.

Competitive bids. Except as otherwise provided in the Charter, no contracts for supplies, materials, labor, franchise or other valuable consideration to be furnished to or by the Borough shall be authorized on behalf of the Borough except with the lowest responsible bidder after competitive bidding.

Bidding procedure.

All contracts and purchases subject to competitive bidding shall be made with or from the lowest responsible bidder, following the procedures set forth in this section. In determining whether the amount of a contract or purchase falls above the minimum amount as set forth in § 1808 of the Charter, the following criteria shall apply:

The amount of the contract shall in all cases, whether of straight sale price, conditional sale, bailment, lease or otherwise, be the entire amount that the Borough pays to the successful bidder or his assigns in order to obtain the services or property, or both, and shall not be construed to mean only the amount that is paid to acquire title or to receive any other particular benefit of the whole bargain. In awarding bids, Council shall have the right to take into consideration such other factors as the availability, cost, quality of service and, in the purchase of bituminous road material, the distance from bidder's manufacturing plant to the Municipal Building.

Materials and services of a value less than the minimum amount, as set forth in § 1808 of the Charter, but more than $500 may be purchased by the Director of Administrative Services by the solicitation of at least two quotations from the appropriate suppliers or contractors. Selection for this type of service or material may be made on the basis of price, quality, availability and convenience to the Borough. Services involving labor shall require workers' compensation and public liability insurance as specified below.

It shall be unlawful to evade the use of the procedures set forth in the Charter by making a series of purchases or contracts, each under the minimum amount set out in the Charter, or by making several simultaneous purchases or contracts, each below the minimum amount, when, in either case, the transaction should have been made as one transaction for one price.

Notice to prospective bidders. Notice of the desire of the Borough to receive bids from contractors or suppliers shall be given as follows:

By advertisement in at least one newspaper of general circulation in the Borough at least two times, at intervals of not more than seven days nor less than three days. This advertisement shall include a general description of the supplies, materials, equipment and contractual services to be purchased, a statement as to where bid blanks and specifications may be secured and of the time and place for opening bids.

At the discretion of the Director of Administrative Services, additional notice may be given in any publication or journal devoted to the dissemination of information about construction work, published and circulating among contractors, manufacturers and dealers.

The Director of Administrative Services, in addition to advertising, may also solicit bids from all appropriate vendors and contractors by mailing them copies of the bid forms with the necessary specifications and any other information which will acquaint them with the proposed purchase or contract.

Specifications for bidders.

When bids are sought for the erection, construction or alteration of any public building, the Director of Administrative Services may have separate specifications prepared for the plumbing, heating, ventilation and electrical work and, when this is done, separate bids shall be required for each of those branches of the work and the contract shall be awarded to the lowest responsible bidder for each of those branches.

When it shall be deemed necessary to protect the interest of the Borough, bid deposits shall be required and the amount of deposit required shall be set forth in the bid specifications. All bids not submitted with the required deposits shall be rejected.

Disposition of bid deposits.

The Borough shall return to the unsuccessful bidders the bid deposits submitted by them after the signing of a contract by the successful bidder.

A successful bidder shall forfeit any deposit made by him upon failure on his part to enter into a contract within 20 calendar days after the award.

Submission, acceptance and opening bids.

Bids shall be sealed, shall be identified as to subject on the envelope, shall be submitted at the place and no later than the time stated in the public notice inviting bids and shall be opened at a public meeting at the time and place stated in the public notice. Bids received after the stated time shall not be accepted. All bids shall be firm for a minimum of 45 calendar days.

The acceptance of bids shall be made only by public announcement at the meeting at which the bids are received, or at a subsequent public meeting, the time and place of which shall be publicly announced when the bids are received and which shall be advertised as required by law. If for any reason one or both of the above-mentioned meetings cannot be held, the same business may be transacted at any subsequent meeting if at least five days' notice of the meeting is published in the same newspaper in which notice to the bidders was published.

Award of contracts.

Contracts shall be awarded by Council to the lowest responsible bidder, except that:

Council shall have the authority to accept or reject any or all bids.

If two or more of the lowest bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder.

When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the contract elsewhere shall be placed in the minutes of the Council meeting at which the award is made.

A tabulation of all bids received shall be made available for public inspection.

All contracts shall be fully executed, bonds and insurance provided and shall be returned to the Borough within 20 calendar days of the award. Failure to comply with this provision shall void the contract. Council may then award the contract to the next lowest responsible bidder.

Performance bonds. To protect the interests of the Borough, a performance bond shall be required from the successful bidder before entering into any contract which involves construction or the doing of any work involving the employment of labor. Council shall establish the percent of the contract price required in the performance bond. If the performance bond is not furnished within 20 calendar days after the award of the contract, the award shall be void.

Bonds for the protection of labor and materials. Any person, firm or corporation entering into a contract with the Borough for the construction, erection, installation, completion, alteration or repair of, or alteration to any public work or improvement whatsoever shall, before commencing work under the contract, execute and deliver to the Borough, in addition to the performance bond, an additional bond for the use of any party interested in a sum not less than 50% and not more than 100%, as Council may prescribe, conditioned for the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work, whether or not the material or labor enter into and become component parts of the work or improvement contemplated. This additional bond shall be deposited with and held by the Borough for the use of any interested party. This bond shall provide that every person who, whether as subcontractor or otherwise, has furnished material or supplied or performed labor in the prosecution of the work and who has not been paid for it, may sue in assumpsit on this additional bond for his use and prosecute the suit to final judgment for whatever sum may be justly due him and have execution thereof, provided that the Borough shall not be liable for the payment of any costs or expense of any suit.

Minimum wage specifications in contracts.

The specifications upon which contracts are entered into by the Borough for the construction, alteration or repair of any public work or improvement may, at the option of Council, contain the minimum wage or wages that may be paid the contractor or his subcontractors for the work performed by laborers or mechanics employed on that public work or improvement, and those laborers and mechanics shall in those cases be paid not less than the minimum wage or wages applicable to them and contained in the specifications.

Every contract for the construction, alteration or repair of any public work or improvement founded on specifications containing any such stipulation for minimum wage or wages shall stipulate a penalty of an amount equal to twice the difference between the minimum wage contained in the specifications and the wage actually paid to each laborer or mechanic for each day during which he shall have been employed at a wage less than that prescribed in the specifications.

(12)

Workers' compensation. Every contract entered into which involves the construction or doing of any work involving the employment of labor shall contain a provision that the contractor shall accept, insofar as the work covered by that contract is concerned, the provisions of the Workmen's Compensation Act of 1915, and its supplements and amendments, and that the contractor will ensure his liability under that act or file with the Borough a certificate of exemption from insurance from the Bureau of Workers' Compensation of the Pennsylvania Department of Labor and Industry. Any contract executed in violation of this subsection shall be null and void.

(13)

Public liability insurance.

In any contract entered into by the Borough, the contractor shall secure and maintain such insurance policies as will protect himself, his subcontractors and the Borough from claims for bodily injuries, death or property damage which may arise from his operations under the contract, whether such operations be by himself or by any subcontractor or anyone employed by him, directly or indirectly. The following insurance policies are required:

Contractor's public liability insurance covering bodily injury.

Contractor's property damage insurance covering each accident with an aggregate.

[3]

Automobile public liability insurance covering each person and for each accident.

[4]

Automobile property damage insurance covering each accident.

All policies shall be for not less than the amounts as required by Council. Other forms of insurance shall also be provided if called for by special conditions. Certificates and/or copies of policies of such insurance shall be filed with the Borough and shall be subject to the approval of the Borough Solicitor as to adequacy of protection within the requirements of the specifications. Said certificates of insurance shall contain a ten-day written notice of cancellation in favor of the Borough.

Exceptions. Competitive bidding shall not be required under the Charter for:

Labor or services rendered by any officer of the Borough or Borough employee.

Labor, material, supplies or services furnished by one Borough department to another Borough department.

Contracts for labor, material, supplies or services available from only one vendor.

Contracts for labor, material, supplies or services aggregating less than the minimum amount for the item in the year supplied.

Contracts relating to the acquisition or use of real property.

Contracts for professional or unique services.

Contracts for emergency repair of public works of the Borough.

Contracts with other governmental entities, authorities, agencies or political subdivisions.

Eminent domain. The Borough shall have no authority to grant to others, by franchise, contract or otherwise, its power and right of eminent domain.

Official with personal interest in contracts. Neither a Councilperson nor any other officer of the Borough or Borough employee shall solicit, benefit by or be financially interested, directly or indirectly, to any appreciable degree, in any contract for the purchase of property or services (except, in the case of a Borough employee, for the services for which he is specifically retained) to be paid from the Borough treasury.

Prohibition. The Borough may not, in advertising for or awarding any contract, regardless of amount, discriminate against or give preference to any person, business, organization or group on the basis of age, sex, race, religion, political affiliation or ethnic origin.

Minimum amount. The "minimum amount" shall be $4,000 in the year 1976. Thereafter, the minimum amount for each succeeding year shall be determined by the Borough Solicitor during February of such year in the following manner:

The minimum amount of the previous year shall be increased or decreased during each succeeding year by the amount of inflation or deflation that has taken place in the preceding year. Such increase or decrease shall take effect on March 1 of such succeeding year. The index for determining the amount of inflation or deflation shall be the Consumer Price Index for Urban Wage Earners and Clerical Workers (including single workers) published by the Bureau of Labor Statistics, United States Department of Labor (1957-59 = 100) or, if the said Consumer Price Index be discontinued, then such consumer price index as the Borough Solicitor shall determine is the generally recognized successor thereto.

§ 5-20 Sale and other disposition of property.

Disposition of Borough-owned real estate. Real estate owned by the Borough may be disposed of by following any of the following procedures, at the option of Council:

The property may be sold to the highest bidder after notice in at least one newspaper of general circulation in the Borough. The advertisement shall give notice of the property to be disposed of, the requirement for sealed bids and the time and place where the bids are to be received and opened.

The property may be sold to the highest bidder at public auction, of which notice shall be given at least 30 days in advance of the auction sale in at least one newspaper of general circulation in the Borough.

In the case of property needed by another unit of government, such property may be disposed of by Council on terms mutually agreeable to the Borough and to the other unit of government concerned. The proposed agreement shall not become effective until at least 30 days after notice of item's terms has been published in at least one newspaper of general circulation in the Borough. The notice shall also state the time and place of a public hearing before Council on the question of the proposed disposition of the property, which hearing shall be held not less than 10 days after publication of the notice.

Disposition of surplus material and equipment. Council may authorize the sale of surplus material and equipment either as trade-in for new equipment or for outright sale. Sale of surplus material or equipment by outright sale shall be as follows:

Equipment no longer suitable for public use with an estimated value of less than $500 may be sold in the open market or sold as scrap.

Equipment with an estimated value in excess of $500 shall be advertised at least two times and formal bids taken as in the manner of bidding for the purchase of equipment and supplies. Council may direct the deposit of bid bonds in the sale of surplus property.