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Town of Galena, MD
Kent 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 June in each year. Such fiscal year shall constitute the tax year, the budget year, and the accounting year.
The Mayor, on such date as the Council by ordinance shall determine, but at least thirty-two (32) days before the beginning of any fiscal year, shall submit a budget to the Council. The budget shall provide a complete financial plan for the budget year and shall contain estimates of anticipated revenues and proposed expenditures for the coming year. The total of the anticipated revenues shall equal or exceed the total of the proposed expenditures. The budget shall be a public record in the office of the Clerk-Treasurer, open to public inspection by anyone during normal business hours.
[Amended 7-1-2013 by Res. No. 2013-04]
Before adopting the budget the Council shall hold a public hearing thereon after two (2) weeks' notice thereof in some newspaper or newspapers having general circulation within the municipality. The Council may insert new items or may increase or decrease the items of the budget. Where the Council shall increase the total proposed expenditures it shall also increase the total anticipated revenues in an amount at least equal to such total proposed expenditures. The budget shall be prepared and adopted in the form of an ordinance. A favorable vote of at least a majority of the total elected membership of the Council shall be necessary for adoption.
No public money may be expended without having been appropriated by the Council. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes named therein.
Any transfer of funds between major appropriations for different purposes by the Mayor must be approved by the Council before becoming effective.
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 expenditures 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 of 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. Any unexpected and unencumbered funds shall be considered a surplus at the end of the budget year and shall be included among the anticipated revenues for the next succeeding budget year.
[Amended 3-29-2005 by Res. No. 05-01; 7-1-2013 by Res. No. 2013-04]
All checks issued in payment of salaries or other municipal obligations shall be issued and signed by the Clerk-Treasurer and shall be counter signed by the Mayor or President of the Council. In the event the Clerk-Treasurer is absent, the Mayor and the acting President of the Council may sign to meet the two-signature requirement.
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.
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 the tax levy in the corresponding tax year.
[Amended 7-1-2013 by Res. No. 2013-04]
Immediately after the levy is made by the 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. The County shall send the Town's tax bill, along with the County's tax bill, to all taxpayers or their agents at their last known address. 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 taxpayers of the responsibility to pay on the dates established by this Charter all taxes levied on their property.
[Amended 7-1-2013 by Res. No. 2013-04]
The taxes provided for in Section 711 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 rate of two-thirds of one per centum (2/3%) for each month or fraction of a month or the maximum rate allowed by state law, whichever is greater, until paid. All taxes not paid and in arrears after the first day of the following January shall be collected as provided in Section 713.
A list of all property on which the Town taxes have not been paid and which are in arrears as provided by Section 712 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 officers or employees of the Town government in their official capacities 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 as required by Section 40 of Article 19 of the Annotated Code of Maryland.
During the first six (6) 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 evidences 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 not later than six (6) 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 fifty per centum (50%) of the property tax levy for the fiscal year in which such notes or other evidences of indebtedness are issued. All tax anticipation notes or other evidences of indebtedness shall be authorized by ordinance before being issued. The Council shall have the power to regulate all matters concerning the issuance and sale of tax anticipation notes.
[Amended 7-1-2013 by Res. No. 2013-04]
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. All such bonds, notes or other evidences of indebtedness shall be issued in the manner prescribed by Sections 31 to 39, inclusive, of Article 23A of the Annotated Code of Maryland as the same may from time to time be amended, except that the limitations contained in Section 34 of said Article 23A shall not apply to the issuance of bonds, notes or other evidences of indebtedness by the Town of Galena, but the Commissioners of the Town shall have the option, in each instance, to determine whether any such bonds, notes, or other evidences of indebtedness shall be sold at public sale as prescribed by said Section 34(4) or whether the same shall be sold by negotiation at private sale without solicitation or competitive bids.
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 7-28-2004; 9-6-2016]
All purchases and contracts for the Town government shall be authorized by the Mayor and Council and paid for by the Clerk-Treasurer, from the appropriate fund. The Mayor and Council may provide by ordinance for rules and regulations regarding the use of competitive bidding and contracts. All expenditures for supplies, materials, equipment, construction of public improvements, or contractual services involving more than ten thousand dollars ($10,000.00) shall be made on written contracts. For all such written contracts involving more than ten thousand dollars ($10,000.00), but no more than twenty thousand dollars ($20,000.00), written quotations from two or more qualified suppliers shall be obtained to the extent possible prior to the awarding of the contract. For all such written contracts involving more than twenty thousand dollars ($20,000.00), the Mayor and Council or their agent(s) will be required to advertise for sealed bids, in such manner as may be prescribed by ordinance, for all who offers the lowest or best bid, quality of goods and work, time of delivery or completion, and responsibility of bidders being considered. All such written contracts shall be approved by the Mayor and Council before becoming effective. The Mayor and Council shall have the right to reject any and all bids and re-advertise. The Town at any time in its discretion may employ its own forces for the construction or reconstruction without advertising for (or re-advertising for) or receiving bids. All written contracts may be protected by such bonds, penalties, and conditions as the Town may require.