[Ord. 1995-2, 3/14/1995]
1.
On the first Monday in January (and if the first Monday is a legal
holiday, on the first day following the first Monday) in each even-numbered
year, the Borough Council shall meet in the Council Room of Burnham
Municipal Building and organize in the following manner and in the
stated order.
2.
The Mayor shall preside over the organization meeting until a President,
Secretary and Treasurer are elected.
3.
Before convening the organization meeting, the Mayor shall ascertain
that all newly elected Councilmen have taken and subscribed to the
oath as required by the Borough Code. The following form of oath shall
be used unless otherwise provided by law:
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COMMONWEALTH OF PENNSYLVANIA:
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COUNTY OF MIFFLIN:
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ss:
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PERSONALLY APPEARED BEFORE ME, ______________________________,
(Mayor of the Borough of Burnham) or (Judge of Mifflin County) or
(a District Justice in and for any magisterial district in Mifflin
County), ______________________________, elected Councilman in and
for the Borough of Burnham, Mifflin County, Pennsylvania, who being
duly (sworn or affirmed) according to law, doth depose and say: that
I will support, obey and defend the Constitution of the United States,
and the Constitution of this Commonwealth and that I will discharge
the duties of my office with fidelity: that I have not paid or contributed,
or promised to pay or contribute, either directly or indirectly, any
money or other valuable thing, to procure my nomination or election
except for necessary and proper expense expressly authorized by law;
that I have not knowingly violated any election law of this Commonwealth,
or procured it to be done by others in my behalf; that I will not
knowingly receive, directly or indirectly, any money or other valuable
thing for the performance or nonperformance of any act or duty pertaining
to my office, other than the compensation allowed by law.
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Sworn to (or affirmed) before me this _____ day of ____________________,
A.D., 19_____
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4.
Council shall then elect from their number a President.
5.
Council shall then elect a Borough Secretary, a qualified voter of
the Borough preferred, but not required (a majority of the whole number
of Council necessary to elect) to whom the same oath or affirmation,
as above provided, shall be administered by the Mayor or such other
person authorized by law to administer oaths and affirmations. (In
case the Secretary succeeds himself/herself, this oath or affirmation
is not in order).
6.
Council shall then elect a Borough Treasurer. Upon completion of
the election of the Borough Treasurer, the President elect shall take
the chair, if he/she is present. If he/she is absent, the Mayor shall
continue to preside over the balance of the meeting.
7.
Council shall then elect from their number a Vice President who shall
preside over the meetings of Council during the absence of incapacity
of the President of Council and perform such other duties as are prescribed
by law or by this Part. The Vice President of Council shall discharge
the duties of the office of Mayor during the absence or incapacity
of both the Mayor and President of Council.
8.
Council may then elect an Assistant Secretary, a qualified voter
of the Borough preferred, who shall, in the absence or disability
of the Secretary, perform the duties and exercise the powers of the
Secretary. The Assistant Secretary may be appointed from the membership
of the Borough Council, but shall not be any officer thereof. It shall
be Borough Council's prerogative to assign special duties to
the Assistant Secretary if it so desires.
9.
Council shall then elect a Solicitor.
10.
Council shall then designate a depository for Borough funds and may
fix the amount and type of security to be required of the depository.
11.
Council shall then elect a Borough Engineer.
12.
Council shall then adopt a schedule of the dates and times of regular
meetings of Council for the forthcoming calendar year. A schedule
of the dates and times of regular meetings of the Council shall be
adopted at the first regular meeting of Council in any year, whether
the Council is reorganized or not, and such schedule shall be advertised
or posted as required by law. All regular meetings of Council shall
be held in Burnham Municipal Building, Burnham, Pennsylvania.
[Ord. 1995-2, 3/14/1995]
1.
The President may at the organization meeting, but in no case later
than the first regular meeting of Council thereafter shall, appoint
the standing committees. The standing committees shall be four in
number, viz: (1) Public Safety, (2) Finance, (3) Street, Sewer and
Utilities, (4) Properties, Procedures and Civic Planning.
2.
Each committee shall consist of a Chairman and one other member.
The President may appoint himself/herself to a chairmanship and shall
be an ex officio member of all standing committees. Each Councilman
shall be appointed to two committees.
3.
The Council, may at the organization meeting, and shall in no case
later than the first regular meeting thereafter, elect a Superintendent
of the Street and Storm Sewer Department, a Superintendent of the
Sanitary Sewer Department and, if a Police Department is in existence,
a Chief of Police, if there is a vacancy in the office of the Chief
of Police. The person appointed may hold no more than one position.
No person so elected shall be a member of Council.
4.
Council shall appoint duly qualified persons to the Burnham Borough
Authority and other boards, commissions, or other bodies whenever
a vacancy arises therein. Such vacancies shall be filled by action
taken according to law and in the case of a vacancy occurring by reason
of death, resignation or declaration, Council shall elect replacements
for the unexpired term no later than the second regular meeting after
the occurrence of the vacancy. Eligibility requirements for replacement
appointments shall be the same as for regular appointments.
5.
Committee Operation.
A.
Matters not inherently falling within the scope of operations of
any one standing committee, as hereinafter delineated, may, but only
upon motion, be referred to a special committee appointed by the President
with instructions to report to Council.
B.
Committee reports to Council or referred questions shall be submitted
in writing or submitted orally at any regular meeting of Council or
at any special meeting called to consider a question to which the
report material is appropriate. A written committee report is bona
fide when it carries signatures of any two or more non-dissenting
committee members.
C.
Referred items may be called out of committee upon motion of Council
adopted by a quorum of the members of Council.
D.
No enactment affecting matters solely within the responsibility of
any standing committee, as hereinafter delineated, shall be acted
on by Council prior to referral of the matter to that committee unless
the enactment shall be introduced by the Chairman of that committee,
or in his/her absence by a member of that committee, or when immediate
action is required as declared by a quorum of the members of the Council.
[Ord. 1995-2, 3/14/1995]
1.
The principal duties of the President of the Council, or of the Vice
President of the Council during the absence or incapacity of the President
of Council, shall be as follows:
A.
To give bond with surety as required by law and action of Council
before entering upon his duties.
B.
To convene all regular meetings of Council at the time herein specified,
all special meetings at the time specified in the call, and all adjourned
meetings at the time to which the body was adjourned, by taking the
chair and calling the members to order.
C.
To announce the business before the assembly in the order in which
it is to be acted upon.
D.
To ask for and receive verbal communication from the public at all
sessions of Council, to place such communications before Council for
discussion and action or to commit to the proper committee.
E.
To receive and submit, in the proper manner, all motions and propositions
presented by the members.
F.
To put to vote all questions which are regularly moved or necessarily
arise in the hours of the proceedings, and to announce the result.
G.
To restrain the members, when engaged in debate, within the rules
of order and, on all occasions to enforce the observance of order
and decorum among the members and to govern his own actions in like
manner.
H.
To call for the reading of all written messages and other written
communications by the Secretary and refer same to the proper committee
without debate.
I.
To authenticate by his/her signature, when so indicated, authorized,
and/or directed, all the acts, orders and or proceedings of the Council.
J.
To inform the assembly, when necessary or when referred to for the
purpose, on points of order or practice.
K.
In general, to represent and stand for the Council, declaring its
will, and in all things obeying implicitly its commands.
L.
To affix his/her signature upon all checks issued, drawn upon all
Borough accounts.
2.
The principal duties of the Borough Secretary, and of the Assistant
Secretary in the absence or disability of the Borough Secretary, shall
be as follows:
A.
To give bond with surety, as required by law and Council, before
entering upon his duties.
B.
To deliver over to his/her successor the seal and all the books,
papers, and other things belonging to the Borough.
C.
Under the general supervision of the President of Council, he/she
shall:
(1)
Attend all meetings of the Council; keep full minutes of its proceedings;
transcribe the rules, regulations and ordinances adopted into the
official records of the Borough, and when signed by the presiding
officer shall attest the same; preserve the records and documents
of the Borough; keep the seal of the Borough; certify copies of any
paper, record, bylaw, rule, regulation, ordinance or proceeding of
the Borough under the seal thereof; attest the execution of all instruments;
publish all enactments as required by law or Council and attest the
same by his/her signature thereto; and file or record the proof of
service of all notices as required by law.
(2)
Present any and all ordinances and resolutions enacted by Council
to the Mayor for his/her consideration and approval as soon as practicable
but in no case later than five days after such enactment.
(3)
Act as the Borough's agent in the issuance of permits and licenses
and in collection of taxes in the manner and to the extent authorized
by Council.
(4)
Act as chief clerk for all boards appointed by Council when so directed
by Council.
(5)
Give notice by mail and/or telephone to each member of Council and
others as directed by Council of all regular, adjourned and special
meetings in the manner hereinafter provided and to advertise or post
notice of all meetings as required by law.
(6)
Mail one week prior to each regular meeting a copy of the minutes
of the last regular meeting to each member of Council, to the Mayor
and to the Solicitor. This mailing shall include minutes of adjourned
sessions and special meetings held since the last regular meeting.
(7)
Sign all checks drawn on all Borough accounts and be responsible
for having the President of Council and the Treasurer affix their
signatures to the same.
D.
Under the general provisions of the Committee on Properties, Procedures
and Civic Planning, he shall:
(1)
Perform the function of chief clerk of the Borough business office
to the extent directed by Council and in this capacity shall supervise
the staff thereof in the receipt of all moneys for the Borough, the
carrying out of all authorized disbursements, including payrolls,
and protection of the funds of the Borough in the manner designated,
maintain the Borough accounts in keeping with proper accounting practices
and maintain and protect the books and official Borough records.
(2)
Act as the Borough purchasing agent in the manner and to the extent
authorized by law and by Council.
(3)
Be responsible for the maintenance of Borough office supplies in
proper quantity by purchasing to cover needs, by properly caring for
stocks on hand and by judicious use from such stocks.
(4)
Furnish to Council at each regular meeting a financial statement
of receipts and disbursements reflecting the condition as of the end
of the latest calendar month.
(5)
Annually submit his/her accounts to the Borough auditors at the end
of the Borough year to be audited.
(6)
Aid the Finance Committee in the preparation of the annual budget
proposal.
(7)
Annually submit all records and accounts pertaining to Burnham Borough
Sewer Fund to the auditors for audit at the end of the fiscal year.
4.
The principal duties of the Borough Solicitor shall be as follows:
A.
The Borough Solicitor, when directed or requested so to do by Council
or the Mayor, shall prepare or approve such bonds, obligations, contracts,
leases, conveyances, ordinances and assurances to which the Borough
or any department thereof may be a party.
B.
He/she shall commence and prosecute all actions brought by the Borough
for an account of any of the estates, rights, trusts, privileges,
claims, or demands as well as defend all actions or suits against
the Borough, or any officer thereof, wherein or whereby any of the
estates, rights, privileges, trusts, ordinances or accounts of the
Borough, or any department thereof, may be brought in question before
any court in the Commonwealth.
C.
He/she shall do every professional act incident to the office which
he may be authorized or required to do by the Council or the Mayor.
D.
He/she shall, whenever required, furnish the Council, the committees
thereof, the Mayor, or the heads of the Departments with his/her opinion,
in writing, if requested, upon any question of law which may be submitted
by any of them in their official capacities.
E.
He/she shall be responsible for recognizing from a legal standpoint,
the need for Borough corrective or protective action and for so recommending.
F.
He/she shall act as preliminary advisor to the President of Council.
5.
The principal duties of the Borough Engineer shall be as follows:
A.
He/she shall, wherever required, furnish the Council, the committees
thereof and the Mayor or the heads of departments with professional
engineering counsel and aid upon any question of a technical nature
such as falls within the field of engineering and shall make any requested
surveys and studies and prepare such plans and/or specifications as
are authorized by Council and shall, when requested, furnish engineering
supervision of construction of Borough projects.
6.
The principal duties of a Committee Chairman shall be as follows:
A.
To call meetings of his/her committee to consider and act on such
matters as have been referred to it by the President of Council or
which arise from its assigned duties, seeing that every member of
the committee receives proper notice of the time and place of the
meeting.
B.
To conduct meetings of the committee in the manner best suited to
its deliberations, bringing before it promptly any and all matters
properly in its concern to the end that the sense of the committee
be determined with respect to the matters at hand.
C.
To report at meetings of Council, the results of the committee deliberations,
in written form.
D.
To submit any majority report even though dissenting himself/herself.
E.
In general, to represent and stand for his/her committee, declaring
its will and obeying its commands in matters of its concern.
F.
To report to Council at its regular meetings all matters referred
to the Committee by the President 10 or more days before the Council
meeting.
7.
The principal duties of the Standing Committees shall be as follows:
A.
The Public Safety Committee.
(1)
Recognizing the responsibility of the Mayor for the day-by-day operation
of the Police Department, if any, this Committee exercises general
supervision over the maintenance of peace and good order as well as
the general safety of persons and property within the Borough. In
this capacity, this Committee shall concern itself with the going
needs of the Police, if any, as they involve quarters, facilities,
supplies, equipment, size of force, personnel policies, employee and
public relations, and shall recommend such action to Council as is
necessary or advisable in these respects. This Committee shall act
as liaison between Council and the Fire Department.
(2)
This Committee shall act as liaison between Council and the Police
Department, if any, and/or the Ordinance Enforcement Department. It
shall recommend specific action to Council in the case of vacancies
or authorized additions to the police force, if any, and/or the Ordinance
Enforcement Officer. It shall recommend necessary or advisable action
to Council involving existing or new ordinances, resolutions, directives,
or rulings involving traffic or parking aids and controls or any public
hazards within the Borough.
(3)
It shall recommend necessary or advisable action for the installation
and maintenance of a system of fire plugs in the Borough.
(4)
It shall act as liaison between Council and the Borough Fire Chief
and other appropriate local and State authorities.
(5)
It shall, on or before October 15 of each year present a proposed
budget for police services and shall also make recommendations for
contributions to the Fire Department for the new fiscal year to the
Finance Committee in written form.
(6)
It shall have the responsibility of recommending to Borough Council
all necessary or advisable action or actions in relation to the contracting
for police services, and it shall review all proposed contracts relating
to the purchase of police services.
B.
The Finance Committee.
(1)
As soon after its appointment and organization as is practicable,
but in no case later than the first month of each fiscal year, the
Finance Committee, with the assistance of the Borough Secretary, shall
present to Council a statement of the financial condition of the Borough,
shall present a budget containing an estimate of the funds necessary
for the ensuing year's operation and shall recommend the enactment
of types and rates of taxation to be levied to provide such funds.
(2)
This Committee shall have general supervision of the financial affairs
of the Borough and shall have the right to require the books and accounts
of the Borough Secretary and of the Tax Collector to be produced at
its meetings.
(3)
It shall act as liaison for Council with the Tax Collector and shall
make recommendations to Council as it deems expedient concerning any
tax appearing on the duplicate which, for good and sufficient reason,
is deemed uncollectible.
(4)
This Committee and the Borough Secretary shall at the appropriate
time specifically recommend to Council such issuance of bonds, negotiation
of loans, transfer of funds and payment of obligations as are fit
and proper.
(5)
To the extent requested, this Committee shall furnish such Borough
financial information and counsel to other committees of Council as
is pertinent to matters under their consideration.
(6)
It shall recommend to Council such action as is necessary or advisable
to protect the Borough from financial liability or loss, including
insurance coverage.
C.
The Street, Sewer and Utilities Committee.
(1)
This Committee shall have general supervision of the maintenance
of all Borough streets, roads, alleys, grades, sidewalks, sewers,
drains, equipment, and like facilities excepting only the marking
of such for purposes of traffic regulation. This supervision shall
be exercised through the Borough Superintendents of the Street and
Storm Sewer Department and of the Sanitary Sewer Department.
(2)
It shall recommend to Council such enactments pertaining to the opening,
closing, changing or maintenance and improvement of Borough streets,
roads, alleys, grades, sidewalks, sewers, drains, and like facilities
as are necessary or advisable.
(3)
It shall recommend appointment of all employees of the street and
storm sewer department, other than the said Superintendent thereof,
but such action must be reported to Council at its next meeting for
confirmation. It shall have the power to recommend suspension of any
employee of the Street and Storm Sewer Department for cause within
the terms of Borough policies, but such action shall be placed before
Council at its next regular meeting or any special meeting for discharge
action.
(4)
This Committee shall be responsible for recognizing the need for
professional engineering services within its scope of activity and
requesting same from Council.
(5)
This Committee shall, prior to the close of the fiscal year, present
its proposed budget for operations in its scope of activity during
the new fiscal year to the Finance Committee in written form.
(6)
This Committee shall have general supervision over the production,
distribution and/or processing and marketing operations of the Borough
sewage treatment plant and the maintenance, improving of changing
of this plant's equipment and facilities in keeping with proper
practice. This general supervision shall be exercised through the
Superintendent of the Sanitary Sewer Department.
(7)
It shall make recommendations to Council on matters pertaining to
public lighting.
(8)
It shall make recommendations to Council on such actions as are necessary
or advisable with respect to complaints, requests and all other operating
phases of the subject services.
(9)
This Committee shall be responsible for recognizing the need for
professional engineering services in connection with its responsibilities
and requesting same from Council.
(10)
It shall recommend appointment of all employees at the sewage
treatment plant (except personnel on temporary loan from other Borough
duties) and of the Sanitary Sewer Department and shall have the power
to recommend suspension of any such employee for cause within the
terms of Borough policies, but such action shall be placed before
Council at its next regular meeting or any special meeting for discharge
action.
(11)
It shall act as liaison between Council and the Burnham Borough
Authority.
(12)
This Committee shall, prior to the close of the fiscal year,
present its proposed budget for operation of the sewage treatment
plant and the sewage system and for the furnishing of public lighting
during the new fiscal year to the Finance Committee in written form.
D.
The Properties, Procedures and Civic Planning Committee.
(1)
Procedures. It shall be the responsibility of this Committee to analyze
the Borough's needs with respect to operating procedures, to
recommend adoption of procedural installations or changes and to carry
out the wishes of Council regarding such recommendations.
(2)
Civic Planning.
(a)
This Committee is charged with carrying out such surveys and
studies with respect to Borough problems and progress as are necessary
and advisable and with recommending appropriate action to Council
in its subject field. It shall have the right to initiate such surveys
and studies, or they may stem from councilmanic referral.
(b)
It shall act as liaison with other governmental and nongovernmental
agencies in the performance of these duties.
(3)
The Properties Committee.
(b)
In the discharge of this responsibility, it shall utilize, by
appropriate arrangement, existing Borough services or, when so indicated,
shall request approval by Borough Council for the use of other services.
It shall act as agent of Council with respect to any and all proposed
renting or permission for use of these facilities. In the case of
authorization by Council of such public boards as are now or may be
charged with the detailed operation of any of the named facilities,
the Committee's Chairman shall be first-named as Council's
representative to such board and such other council representatives
as are in order shall be named from its membership.
(c)
This Committee, in the discharge of the above responsibilities,
shall be responsible for recognizing the need for professional engineering
services within its scope of activity and requesting same and shall
recommend such enactments to Council as are necessary or advisable.
(4)
Budgets.
(a)
This Committee, prior to the close of each fiscal year, shall
inform the Finance Committee in writing of any of its surveys and
studies which, in its opinion, may have financial requirements during
the new fiscal year and shall present its best estimate of the extent
of such requirements.
(b)
This Committee, prior to the close of each fiscal year, shall
otherwise present its proposed budget for the discharge of its responsibilities
during the new fiscal year to the Finance Committee in written form.
[Ord. 1995-2, 3/14/1995]
1.
Council shall at the first meeting of each fiscal year determine
the date and time of regular meetings for the ensuing year to be held
in the Borough Municipal Building.
2.
Special meetings of the Council shall be called by the Secretary,
at the order of the President, or two members of Council; provided,
however, that such order shall be in writing, specifying the purpose
for which the meeting was called and shall be signed by the person
or persons ordering the call and be entered by the Secretary upon
the minute book.
3.
The Secretary shall arrange the giving of notice by mail or telephone
to each member of Council of each regular meeting and of each special
meeting not more than three days and not less than 24 hours, respectively,
before the meeting. In the case of special meetings, the notice shall
state the purpose for which the meeting is called.
4.
In the case of special meetings, no business shall be transacted
except that for which the meeting was called, except by unanimous
consent of a full Council.
5.
A majority of the entire membership shall constitute a quorum.
6.
No business shall be transacted in any meeting without a quorum of
the full Council present.
7.
At the hour appointed for the meeting of Council, the President shall
take the chair and the Secretary shall proceed to call the roll and
note the absentees and after a quorum shall have been formed no member
shall depart without leave from the President. In the absence of the
President, the Vice President shall preside over the meeting. Should
no quorum attend within 30 minutes after the hour appointed for the
meeting, the Council shall thereupon stand adjourned to such date
thereafter as the members present shall determine; provided, however
that the hours of the meeting shall remain unchanged. In such instance,
the presence of Councilmen at such a proposed meeting shall constitute
full qualification for receipt of such monthly remuneration as is
stipulated by ordinance if the meeting attempted is a regular stated
meeting.
8.
The order of business at all stated meetings of the Council shall
be as follows:
A.
Roll call.
B.
Correction and approval of the minutes of the last stated meeting
and all intervening meetings, so distributed in accordance with the
listed duties of the Secretary.
C.
Treasurer's report.
D.
Report on sewer collection.
E.
Presentations of petitions, letters, memorials, complaints, and requests
which may be acted upon or referred to appropriate committee without
debate.
F.
Financial report.
G.
Reading or communications.
H.
Public hearings on opening of bids when so advertised.
I.
Report of Mayor.
J.
Report of Solicitor.
K.
Report of Superintendent of Streets and Storm Sewers.
L.
Report of Superintendent of Sanitary Sewers.
M.
Reports of Standing Committees.
N.
Reports of Special Committees.
O.
Unfinished business.
P.
New business.
[Ord. 1995-2, 3/14/1995]
1.
All ordinances for the appropriation of money, and all resolutions
or orders to enter into a contract whereby the Borough may become
liable for the payment of money, and all ordinances of a general or
legislative nature, shall be required to pass two separate readings,
at two separate meetings, unless three or more Council members shall
dispense with this rule, and shall require, for their passage or adoption,
the concurrence of a majority of the members present. On the adoption
or passage of any ordinance or resolution, the yeas and nays shall
be called and recorded. On the adoption of any motion, the yeas and
nays shall be called and recorded whenever demanded by any member
present. No ordinance shall contain more than one class of general
subject matter which shall be clearly expressed in the title, and
no ordinance, or section thereof, shall be revised or amended, unless
the new ordinance contains the entire ordinance, section or subsection
revised or amended; and the ordinances, section, or subsection so
amended shall be repealed.
2.
No ordinance or resolution of a legislative character shall be considered
before Council until it shall be first referred to the appropriate
standing committee or to a committee appointed by the President, who
shall report on the same at that meeting or the next regular meeting
of Council, provided that one member of the proper committee may present
such ordinance for consideration by motion without previous reference
to that committee.
3.
If, before or during the next regular meeting of the Council following
the presentation to the Mayor of any ordinance or resolution of a
legislative character regularly passed by the Council, he/she shall
return the same to the Council without his/her approval, his/her objections
to the said ordinance or resolution shall be entered at large in the
minute book and the Council shall proceed to a reconsideration of
such ordinance or resolution. In reconsidering any ordinance or resolution
the yeas and nays shall be called, and the names of the members voting
shall be entered on the minutes of Council. An overriding vote of
majority plus one of Council shall be required to pass an ordinance
or resolution of a legislative character shall not be returned by
the Mayor at the next regular meeting of Council occurring at least
10 days next succeeding its presentation to him/her, the same shall
likewise become a law and be in as full force and effect as if he/she
had signed it, and shall be so certified by the Borough Secretary
at the end of the ordinance or resolution of a legislative character.
4.
No business regularly before the Council shall be interrupted, except
for the following motions, which shall take precedence in the order
of their enumeration:
5.
A motion for adjournment shall always be in order, except while a
member has the floor, or when Council is voting on any question, and
shall be decided without debate.
6.
Roberts Rules of Orders shall be authority on all questions arising
in the proceedings of Council not met by this Part.
7.
All matters referred to and pending before a committee of Council
at the time of reorganization, shall be held and considered as referred
to and pending before the same committees of the succeeding Council;
and all other matters then pending before the same Council shall be
held and considered as pending before Council in the same status in
which they were held by the previous Council.
[Ord. 1995-2, 3/14/1995]
The amendments, enlargement or rescission of any matters covered
by this Part shall be accomplished by ordinance adopted in the manner
provided by law and as herein provided.
[Ord. 1995-2, 3/14/1995]
All references in this Part applicable to the masculine shall
be equally applicable to the feminine and vice versa.
