[Amended 10-2-2017 by Res. No. 20-17, eff. 11-21-2017]
The town manager shall be the chief financial officer of the
town. The financial powers of the town, except as otherwise provided
by this Charter, shall be exercised by the town manager under the
direct supervision of the mayor. (Mont. Co. Code 1965, § 59-38.)
Under the supervision of the mayor, the clerk-treasurer shall
have authority and shall be required to:
(1)
Prepare under the direction of the mayor an annual budget to be submitted
by the mayor to the council.
(2)
Supervise and be responsible for the disbursement of all money and
have control over all expenditures to assure that budget appropriations
are not exceeded.
(3)
Maintain a general accounting system for the town in such form as
the council may require, not contrary to state law.
(4)
Submit at the end of each fiscal year, and at such other times as
the council may require, a complete financial report to the council
through the mayor.
(5)
Ascertain that all taxable property within the town is assessed for
taxation.
(6)
Collect all taxes, special benefit assessments, license fees, liens,
and all other revenues (including utility revenues) of the town, and
all other revenues for whose collection the town is responsible, and
receive any funds receivable by the town.
(7)
Have custody of all public money, belonging to or under the control
of the town, except as to funds in the control of any set of trustees,
and have custody of all bonds and notes of the town.
(8)
Do such other things in relation to the fiscal or financial affairs
of the town as the mayor or the council may require or as may be required
elsewhere in this Charter.
(Mont. Co. Code 1965, § 59-39.)
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 the following year. Such fiscal year shall
constitute the tax year, the budget year, and the accounting year.
(Mont. Co. Code 1965, § 59-40.)
[1]
For state law as to fiscal year for all towns, see Anno. Code
of Md., 1957, Art. 81, § 29A.
[Amended 10-2-2017 by Res. No. 21-17, eff. 11-21-2017]
The mayor, on such date as the council shall determine, but
at least twenty days before the beginning of any fiscal year shall
submit a budget to the council. The budget shall provide a financial
plan for the budget year and shall contain estimates of anticipated
revenues and proposed expenditures (including an allowance for contingencies)
for the coming year. The budget may provide funds for major construction
projects, exclusive of routine maintenance and repair. Such provision
of funds in the budget will be termed the "capital account." The budget
shall provide that the total expenditures shall not exceed total revenues,
borrowings, and reserves, including balances from prior years. The
budget shall be a public record in the office of the clerk-treasurer
and shall be reasonably available for public inspection.
Before adopting the budget the council shall hold a public hearing
thereon after at least ten days' notice published as provided in section
83-87 of this Charter, which notice shall include the proposed budget
or a summary thereof. The council may insert new items or may increase
or decrease the items of the budget so long as the proposed expenditures
do not exceed the anticipated revenues. The budget shall be prepared
and adopted in the form of an ordinance before the beginning of the
fiscal year. A favorable vote of at least three members of the council
shall be necessary for adoption. (Mont. Co. Code 1965, § 59-42.)
[Amended 10-2-2017 by Res. No. 22-17, eff. 11-21-2017]
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. The
council may appropriate funds from the reserve provided in the budget
from time to time during the fiscal year to meet extraordinary or
unanticipated expenditures that may occur. (Mont. Co. Code 1965, § 59-43.)
[Amended 10-2-2017 by Res. No. 23-17, eff. 11-21-2017]
Any transfer of funds between major appropriations for different
purposes must be approved by the council as required by State law.
(Mont. Co. Code 1965, § 59-44.)
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 term involves the expenditure 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 acquisitions or improvements to be financed in whole or in
part by the issuance of bonds or bond anticipation notes, 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. (Mont. Co. Code 1965, § 59-45.)
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 unexpended 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. (Mont. Co. Code 1965,
§ 59-46.)
All money of the town, except a petty cash fund of such amount
as the council by resolution provides, shall be deposited with such
banks or other depositories or shall be invested, as the council by
resolution determines, in accordance with the laws of the State of
Maryland. All checks or other evidences of withdrawal shall be issued
and signed or investments be liquidated as the council by resolution
provides. (Mont. Co. Code 1965, § 59-47.)
All real property and all tangible personal property (other
than personal and household goods, personal office fixtures, and personal
automobiles) within the corporate limits of the town shall be subject
to taxation for town purposes, and the assessment used, when applicable,
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 under the laws of the State of Maryland. (Mont.
Co. Code 1965, § 59-48.)
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. (Mont. Co. Code 1965, § 59-49.)
[1]
Editor's Note: Former Sec. 83-50, Notice of tax levy (Mont.
Co. Code 1965, § 59-50), was repealed 10-2-2017 by Res.
No. 24-17, eff. 11-21-2017.
The taxes provided for in section 83-49 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 one-half of one per centum for each month or fraction
of a month until paid. All taxes not paid and in arrears after the
first day of the following January shall be collected as provided
in section 83-52 of this Charter. (Mont. Co. Code 1965, § 59-51.)
[Amended 10-2-2017 by Res. No. 25-17, eff. 11-21-2017]
All property on which the town taxes have not been paid and
which are in arrears may be sold for taxes in the manner prescribed
by State law.[1] (Mont. Co. Code 1965, § 59-52.)
[1]
For state law as to tax sales, see Anno. Code of Md., 1957,
Art. 81, § § 70 to 123.
All fees received by an officer or employee of the town government
in his official capacity shall belong to the town government and be
accounted for to the town. (Mont. Co. Code 1965, § 59-53.)
All fines, forfeitures and penalties imposed pursuant to any
ordinance, resolution, rule or regulation of the town may be recovered
in the corporate name of the town before a trial magistrate, as small
debts are recovered, and the money arising therefrom shall be paid
to the town for its use. (Mont. Co. Code 1965, § 59-54.)
[Amended 10-2-2017 by Res. No. 26-17, eff. 11-21-2017]
The financial books and accounts of the town shall be audited
annually by a certified public accountant and reviewed by an auditing
committee appointed by the council. Such committee shall render its
report to the mayor and council before the end of the calendar year.
(Mont. Co. Code 1965, § 59-55.)
The town may at any time pursuant to ordinance borrow funds
and issue tax anticipation notes as evidence of such borrowing, by
any of the applicable methods and procedures authorized from time
to time by the laws of Maryland and subject to the applicable limitations
set forth therein; provided, however, that if the ordinance or ordinances
authorizing the issuance of said tax anticipation notes shall so specify,
said tax anticipation notes may be sold at private sale without advertisement
or publication of notice of sale or solicitation of competitive bids.
(Mont. Co. Code 1965, § 59-56; Res. R-8-81, 9-8-1981.)
The town may at any time pursuant to ordinance borrow funds
and issue bonds as evidence of such borrowing, by any of the applicable
methods and procedures authorized from time to time by the laws of
Maryland and subject to the applicable limitations set forth therein;
provided, however, that if the ordinance or ordinances authorizing
the issuance of said bonds shall so specify, said bonds may be sold
at private sale without advertisement or publication of sale or solicitation
of competitive bids. (Mont. Co. Code 1965, § 59-57; Res.
R-8-81, 9-8-1981.)
In anticipation of the issuance of bonds which have theretofore
been authorized by ordinance the town may pursuant to resolution borrow
funds and issue or re-issue bond anticipation notes as evidence of
such borrowing, by any of the methods and procedures authorized from
time to time by the laws of Maryland and subject to the applicable
limitations set forth therein; provided, however, that if the resolution
or resolutions authorizing the issuance of said bond anticipation
notes shall so specify, said bond anticipation notes may be sold at
private sale without advertisement or publication of notice of sale
or solicitation of competitive bids. (Mont. Co. Code 1965, § 59-58;
Res. R-8-81, 9-8-1981.)
The town may at any time pursuant to ordinance borrow funds by commercial private loan on terms and in such amounts determined by the Town Council to be advantageous or desirable to the town and to evidence such borrowing by executing a loan promissory note containing such terms and amounts; provided, however, that any such funds so borrowed by be used only for a public purpose as set forth in Article IV; and further provided that if the ordinance or ordinances authorizing such loan shall so specify, said loan may be consummated without advertisement or publication of notice of such loan or solicitation of competitive bids. (Res. R-3-92, 10-29-1992.)
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 or state law 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 or state law,
whether or not such pledge be stated in the bonds, notes, or other
evidences of indebtedness, or in the ordinance or resolution authorizing
their issuance. (Mont. Co. Code 1965, § 59-59.)
[Amended 10-2-2017 by Res. No. 27-17, eff. 11-21-2017]
All purchases and contracts for the town government shall be
made by the town manager under the supervision of the mayor, but purchases
or contracts involving more than such amount as the council may by
resolution specify, shall require the prior approval of the council.
The council may adopt regulations regarding the use of competitive
bidding and contracts for town purchases and contracts, including
the power to reject any or all bids. The town at any time in its discretion
may employ its own forces for the construction or reconstruction of
public improvements without advertising for (or readvertising for)
or receiving bids. All contracts may be protected by such bonds, penalties,
and conditions as the town may require. (Mont. Co. Code 1965, § 59-60.)
