The fiscal year of the Borough shall commence on the first day of January and conclude on the last day in December of each year. The fiscal year may be changed by ordinance. When a change is made, Council shall determine the procedures and fiscal arrangements for the transition.
[Amended 11-7-2000]
At least 45 days prior to the beginning of the fiscal year, the Manager, with the assistance of the President of Council, shall cause to be prepared and submitted to the Council a budget presenting the financial plan for conducting the affairs of the Borough for the ensuing year and an accompanying budget message.
A. 
The budget shall present a complete financial plan for the current operations of the Borough and its departments, offices and agencies in the ensuing fiscal year, showing all funds and reserves. The budget shall be in such form as the President of Council deems desirable or the Council may require. The budget shall contain at least the following:
(1) 
A simple, clear general summary of the contents of the budget.
(2) 
The proposed expenditures, including provision for any estimated fund deficits for the fiscal year currently ending, debt service requirements for the ensuing fiscal year, capital and otherwise, to be met from current revenues. The proposed expenditures shall be shown by existing departments, organizational units, agencies or bureaus.
(3) 
A comparative statement of the estimated expenditures for the currently ending fiscal year and the actual expenditures for the preceding fiscal year.
(4) 
The estimated revenues, including estimated fund surpluses, if any, for the fiscal year currently ending, proposed tax levies and other sources for the ensuing fiscal year.
(5) 
A comparative statement of the estimated revenues for the fiscal year currently ending and the actual revenues for the preceding fiscal year.
B. 
The revenues estimated in Subsection A(4) above, expenditures proposed in Subsection A(2) above and the total appropriations for the ensuing year shall be equal in amount.
C. 
The budget message shall explain the budget both in fiscal terms and in terms of work to be done. It shall outline the proposed financial policies of the Borough for the ensuing fiscal year and describe the important features of the budget plan. It shall indicate any major changes in financial policies and in expenditures, appropriations and revenues as compared with the fiscal year currently ending and shall set forth the reasons for the changes. As to the capital program, the message shall include a list of pending and proposed capital improvements for the ensuing five years together with comments on such list. It shall itemize and explain each pending capital improvement and each capital improvement proposed to be undertaken within the ensuing fiscal year, showing the estimated cost of each improvement and the pending or proposed method of financing it. The message shall also include such other supporting or explanatory material as deemed desirable.
The annual budget message shall be a public record and copies shall be available to the public after submission and prior to adoption and after adoption.
[Amended 7-9-2013 by Ord. No. 407; 1-14-2014 by Ord. No. 411]
A. 
Notice and Hearing. The Council shall publish in one or more newspapers of general circulation in the Borough, the general summary of the budget and a notice stating:
(1) 
The times and places where copies of the message and budget are available for inspection by the public; and,
(2) 
The time and place, not less than 10 days after such publication, for a public hearing on the budget.
B. 
Amendment Before Adoption. After the public hearing, the Council may amend the budget prior to adoption. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except appropriations required by law or for debt service or for estimated fund deficits, provided that no amendment to the budget shall increase the authorized appropriations to an amount greater than the total of estimated revenues.
C. 
Adoption. The Council shall adopt the budget by resolution on or before the 28th day of the 12th month of the fiscal year currently ending. If it fails to adopt the budget by this date, the amounts appropriated for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items in it prorated accordingly, until such time as the Council adopts a budget for the ensuing fiscal year. Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures for the funds indicated. The adoption of the budget shall not be subject to the approval of the Mayor.
D. 
Amendment After Adoption. Council shall have the right to amend the budget subject to the provisions of Subsection B prior to the 31st day following the adoption of the budget or prior to the 31st day of the new fiscal year, whichever is later.
E. 
Levy of taxes: Tax Ordinance. After Borough Council has adopted the annual budget, it shall be the duty of the Borough Council to enact an ordinance levying the taxes for the fiscal year by December 31.
The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption.
A. 
Supplemental Appropriations. If during the fiscal year there are available for appropriation revenues in excess of those estimated in the budget, the Council may by resolution make supplemental appropriations for the year up to the amount of such excess.
B. 
Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, the Council may make emergency appropriations. Such appropriations may be made by emergency ordinance. To the extent that there are no available unappropriated revenues to meet such appropriations, the Council may, in accordance with the Local Government Unit Debt Act, Act 185, 1972, as amended, authorize the borrowing of funds by such emergency ordinance. (Previously 53 P.S. 6780-1 et seq., now 53 Pa.C.S.A. § 8001 et seq.)
C. 
Reduction of Appropriations. If at any time during the fiscal year it appears probable that the revenues available will be insufficient to meet the amount appropriated, the Treasurer shall, without delay, report this condition to the President of Council and the Council indicating the estimated amount of the deficit, any remedial action taken and any recommendations as to other steps to be taken and any recommendations as to other steps to be taken. The Council shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may by resolution reduce one or more appropriations.
D. 
Transfer of Appropriations. At any time during the fiscal year the Council may be resolution transfer part or all of any unencumbered appropriation balance from one department, office or agency to another.
E. 
Limitations. No appropriation for debt service may be reduced or transferred and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof.
Rates of taxation may not be increased by the Council beyond the maximum rate that may be levied by boroughs in the Commonwealth of Pennsylvania as that rate is from time to time established by the General Assembly, unless approved by a majority of the electorate voting at a regularly scheduled election.
The Council, by ordinance, may authorize the borrowing of money and the issuance of bonds, subject to the borrowing limits and procedural requirements of the Local Government Unit Debt Act, Act 186, 1972, as amended. (Previously 53 P.S. § 6780-1 et seq., now 53 P.S. § 6780-1 et seq.)[1]
[1]
Editor's Note: See now 53 Pa.C.S.A. § 8001 et seq.
[Amended 2-13-2003 by Ord. No. 328]
A. 
The President of Council and the Borough Treasurer, with the approval of Council, are jointly authorized to invest, in the name of the Borough, money in the Borough treasury which is not required for immediate use. Investments shall be made consistent with sound business practice and in accordance with an investment program provided by Council, subject to restrictions contained in this Charter and any rules and regulations adopted by Council.
B. 
Authorized types of investments for Borough funds shall be:
(1) 
Direct obligations of the United States government, including United States treasury bills.
(2) 
Obligations of United States government agencies or instrumentalities backed by the full faith and credit of the United States.
(3) 
Direct obligations of the Commonwealth of Pennsylvania.
(4) 
Obligations of any agencies or instrumentalities of the Commonwealth of Pennsylvania backed by the full faith and credit of the commonwealth.
(5) 
Obligations of any political subdivision of the Commonwealth of Pennsylvania or any of its agencies or instrumentalities backed by the full faith and credit of the political subdivision.
(6) 
Deposits in savings accounts or time deposits, other than certificates of deposit, or share accounts of institutions insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the National Credit Union Share Insurance Fund or the Pennsylvania Deposit Insurance Corporation or the Pennsylvania Savings Association Insurance Corporation to the extent that such accounts are so insured, and, for any amounts above the insured maximum, provided that approval collateral as provided by law therefor shall be pledged by the depository.
(7) 
Certificates of deposit purchased from institutions insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the National Credit Union Share Insurance Fund or the Pennsylvania Deposit Insurance Corporation or the Pennsylvania Savings Association Insurance Corporation to the extent that such accounts are so insured. However, for any amounts above the insured maximum, such certificates of deposit shall be collateralized by a pledge or assignment of assets of the institution, and such collateral may include loans (including interest in pools of loans) secured by first mortgage liens on real property. Certificates of deposit purchased from commercial banks shall be limited to an amount equal to 20% of a bank's total capital and surplus. Certificates of deposit purchased from savings and loan associations or savings banks shall be limited to an amount equal to 20% of an institution's assets minus liabilities.
(8) 
Money market funds insured by any of the federal or state sponsored insurance agencies mentioned in Subsection B(6) and (7), or a private insurance company offering comparable coverage.
(9) 
Shares of an investment company registered under the Investment Company Act of 1940, whose shares are registered under the Securities Act of 1933, provided that the only investments of that company are in the authorized investments for Borough funds listed in Subsection B(1) through (6).
(10) 
Any investment authorized by 20 Pa.C.S.A. Ch. 73 (relating to fiduciaries investments) shall be an authorized investment for any pension or retirement fund.
(11) 
In certain commercial paper under the terms and conditions set forth in Act No. 53 of 1973 of the General Assembly of the Commonwealth of Pennsylvania, as amended. (53 P.S. § 5410 at seq.)
(12) 
Not more than 20% of the above-mentioned instruments may mature or become payable in any one calendar year.
C. 
The President of Council and the Borough Treasurer, with the approval of Council, are jointly authorized to sell or have redeemed any obligations so purchased.
D. 
Creation of special funds; investments. The Borough Council shall have the power to create by ordinance a special fund for any money received from the sale, lease, or other disposition of any Borough property or received from any source other than taxation. The ordinance creating such special fund may provide that the principal of the fund may not be withdrawn unless authorized as stated in the ordinance, and provided that such restriction on withdrawal is not otherwise contrary to law.
[Amended 7-9-2013 by Ord. No. 407; 1-14-2014 by Ord. No. 411]
Council may make contracts for lawful purposes subject to the provisions of the Charter and general law.
A. 
All contracts of the Borough involving sums in excess of $5,000 shall be in writing.
B. 
All contracts or purchases in excess of the base amount determined annually by the Department of Labor and Industry shall be competitively bid. Base amount as of July 2013 is $18,900.
C. 
All contracts or purchases in excess of the base amount shall not be made except with and from the lowest qualified and responsible bidder after due notice in one newspaper of general circulation, at least two times at intervals of not less than three days. The first advertisement shall be published not more than 45 days and the second advertisement not less than 10 days prior to the date fixed for the opening of bids. Advertisements for contracts or purchases shall also be posted in a conspicuous place within the Borough. Advertisements for contracts and purchases shall contain the date, time and location for opening of bids and shall state the amount of the performance bond determined under Subsection F.
D. 
Written or telephonic price quotations from at least three qualified and responsible contractors shall be requested for all contracts in excess of the base amount subject to the Department of Labor and Industry adjustment, but are less than the amount requiring advertisement and competitive bidding. Base amount for written or telephonic price quotations as of July 2013 is $10,200.
E. 
The award of contracts shall only be made by public announcement at the meeting at which bids are received, or at a subsequent meeting, the time and place of which shall be publicly announced when bids are received. Council may direct that a committee of Council, a member of Council or a member of the Borough staff receive, open and review bids during normal business hours and forward the information to Council for subsequent award at a public meeting.
F. 
The successful bidder, when advertising as required herein, may, at the discretion of Council, be required to furnish a performance bond or irrevocable letter of credit or other security with suitable reasonable requirements guaranteeing the work to be done with sufficient surety in an amount as determined by Council which shall be not less than 10% nor more than 100% of the amount of the liability under the contract within 20 days after the contract has been awarded, unless Council shall prescribe a shorter period of not less than 10 days, and upon failure to furnish such security within such time the previous award shall be void.
G. 
The contracts or purchases made by Council, which shall not require advertising, bidding or price quotations as hereinbefore provided, are as follows:
(1) 
Those for maintenance, repairs or replacements for water, electric light or public works of the Borough, provided they do not constitute new additions, extensions or enlargements of existing facilities and equipment;
(2) 
Those where particular types, models or pieces of new equipment, articles, apparatus, appliances, computer software, vehicles or parts thereof are desired by Council, which are patented and manufactured or copyrighted products;
(3) 
Those for used equipment, articles, apparatus, appliances, vehicles or parts thereof being purchased from a public utility, municipal corporation, county, school district, municipal authority, council of government or federal or state government;
(4) 
Those involving any policies of insurance or surety company bonds; those made for utility service for Borough purposes, including, but not limited to, those made for natural gas or telecommunications services; those made with another political subdivision, or a county, or council of government, consortium, cooperative, or the Commonwealth of Pennsylvania, the federal government, any agency of the commonwealth or the federal government, or any municipal authority, including the sale, leasing or loan of any supplies or materials by the commonwealth or the federal government or their agencies. The price thereof shall not be in excess of that fixed by the commonwealth, the federal government, or their agencies;
(5) 
Those involving personal or professional services;
(6) 
Those involving the acquisition and use of real property;
(7) 
Those for emergency repairs of public works in the Borough.
H. 
Bonds for the Protection of Labor and Materials. Before any contract exceeding $10,000 is awarded to any prime contractor or construction manager for the construction, erection, installation, completion, alteration, repair of or addition to any public work or improvement of any kind, the contractor shall furnish to the Borough a payment bond for the protection of claimants supplying labor or materials to the prime contractor to whom the contract is awarded, at 100% of the contract amount, conditioned for the prompt payment of all materials furnished or labor supplied or performed in the prosecution of the contract under the Act of December 20, 1967 (P.L. 869, No. 385), known as the "Public Works Contractors Bond Law of 1967." This bond requirement shall be in addition to any other bond requirement that may now or hereafter be required by law to be given in connection with the contract.
Nothing in this clause shall prohibit Council from engaging in advertising, bidding or price quotations if the Council determines that the advertising, bidding or price quotations are in the public interest.
Before entering upon the duties of their respective offices or positions any officer, agent or employee of the Borough, as the Council may determine, shall execute and file with the Borough corporate surety bonds, conditioned for the honest and faithful performance of their respective duties, in such sums as shall be fixed by the Council. All such bonds and sureties thereon, before being accepted by the Borough, shall be approved by the Borough Solicitor, the agency placing such bonds shall be determined by the Council and the premiums therefore shall be paid by the Borough. Such bonds may provide for one or more additional obliges in the event that the officer bonded is acting in a dual or similar capacity with other political subdivisions or governmental or quasigovernmental entities.
Not later than the 12th month of each fiscal year, the Council shall provide for an independent audit of all fiscal affairs of the Borough government by a certified public accountant or a firm of certified public accountants having no personal interest, direct or indirect, in the Borough government. The Council may provide for more frequent audits, as well as special audits, as it deems necessary. The results of the annual audit and a financial statement of the fiscal affairs of the Borough shall be presented to Council and published in at least one newspaper circulating generally in the Borough by the first of the 4th month in the fiscal year following the audited fiscal year, unless otherwise provided by law.