[Amended 5-5-1980 by
HR No. 2-80, 5-8-2006 by HR No.
2006-04, 1-27-2014 by HR 2014-02, 12-2-2016 by HR 2016-01]
There shall be a Treasurer hired by the City Administrator who
shall be a Department Director. The Treasurer shall report to the
City Administrator. The Treasurer's compensation shall be determined
by the City Administrator. The Treasurer shall be the Chief Financial
Officer of the City. The financial powers of the City, except as otherwise
provided by this Charter, shall be exercised by the Treasurer under
the direction of the City Administrator and the City Council.
[Amended 5-5-1980 by
HR No. 2-80, 5-8-2006 by HR 2006-04, 1-27-2014 by HR 2014-02]
Under the supervision of the City Administrator, the Treasurer
shall have authority and shall be required to:
A.
Prepare, with the City Administrator, an annual budget, to be submitted
to the City Council.
B.
Supervise and be responsible for the proper disbursement of all moneys
and have control over all expenditures to ensure that budget appropriations
are not exceeded.
C.
Maintain a general accounting system for the City in such form as
the Council may require, not contrary to state law.
D.
Submit for each quarter of each fiscal year, and at such other times
as the Council may require, a complete financial report to the Council.
E.
Ascertain that all taxable property within the City is assessed for
taxation.
F.
Collect all taxes, special assessments license fees, liens and all
other revenues, including utility revenues, of the City and all other
revenues for whose collection the City is responsible and receive
any funds receivable by the City.
G.
Have custody of all public moneys belonging to or under the control
of the City, except as to funds in the control of any set of trustees,
to ensure that all special accounts for bonds and other accounts are
properly maintained and have custody of all bonds and notes of the
City.
H.
Do such other things in relation to the fiscal or financial affairs
of the City as the City Council or the City Administrator may require
or as may be required elsewhere in this Charter or by State law.
[Amended 5-5-1980 by
HR No. 2-80]
The Treasurer shall provide a bond with such corporate surety
and in such amount as the Council by ordinance, may require.
The City shall operate on an annual budget. The fiscal year
of the City 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.
[Amended 5-5-1980 by
HR No. 2-80, 3-3-2008 by HR 2008-06, 1-27-2014 by HR 2014-02]
The City Administrator, ordinarily by the first meeting in April
of each year and no later than sixty (60) days before the beginning
of the fiscal year, shall submit a budget to the Council. The budget
shall provide a complete financial plan of all city funds and activities
for the ensuing budget year and shall contain estimates of anticipated
revenues and proposed expenditures for the coming year. The total
of the anticipated revenues, together with surplus, shall equal or
exceed the total of the proposed expenditures. The budget presented
to the City Council shall be a public record in the office of the
Treasurer and open to public inspection by anyone during normal business
hours. The budget shall be in such form as the City Administrator
deems desirable or the Council may require. In organizing the budget,
the City Administrator shall utilize the most feasible combination
of expenditure classification by fund, department, program, purpose
and activity. The budget shall begin with a clear general summary
of its contents; shall show in detail all estimated income, indicating
the proposed property tax levy. It shall indicate in separate sections:
A.
All actual expenditures for the two (2) preceding budget years and
current year expenditures.
B.
Proposed expenditures for current operations for the ensuing budget
year, detailed by offices/departments in terms of their respective
work programs, activities and the method of financing such expenditures;
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A.
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Proposed capital expenditures for the ensuing budget year, detailed
by offices/departments when practicable, and the proposed method of
financing each such capital expenditure.
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B.
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Proposed 5-year forecast for the operating budget and capital
improvement plan.
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[Amended 1-27-2014 by
HR 2014-02]
Before adopting the budget, the Council shall hold a public
hearing thereon after notice thereof has been published in a newspaper
in circulation within the City. 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 shall 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 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 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 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.
[Amended 5-5-1980 by
HR No. 2-80]
All checks issued in payment of salaries or other municipal
obligations shall be issued and signed by the Treasurer, except as
otherwise provided.
[Amended 2-3-1986 by
HR No. 2-86]
All real property and all tangible personal property within
the corporate limits of the City 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, unless exempt for a
stated period of time and under specific conditions as part of an
agreement, 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.
[Amended 2-5-1968]
Every person over the age of sixty-five (65) years who has been
a bona fide resident of the City of Hyattsville and whose total gross
income is within the prescribed limitation and who has legal title
or beneficial title to real property located in the City of Hyattsville
and who makes such real property his or her permanent home shall be
entitled to a deduction from the assessed valuation of said property
for the purpose of City real estate taxes levied against said property
by the City of Hyattsville, provided that, if said taxable real estate
is owned as tenants by entirety, only one (1) exemption shall be allowed,
provided further that such exemption shall be allowed only if the
combined gross income of said tenants by the entirety does not exceed
the prescribed limitation of any one year, provided further that such
exemption shall be allowed if either one (1) or both of said tenants
are sixty-five (65) years of age or more or if either one (1) or both
of said tenants have resided on such property for the prescribed period;
and provided further, however, that only one (1) such exemption shall
be allowed on any real estate taxable hereunder. The assessment deduction
to be allowed, the prescribed income limitation and the prescribed
period of residence shall be the same as those set forth by the Prince
George's County government for the purpose of providing tax relief
to persons sixty-five (65) years of age or older.
[Amended 2-5-1968; 12-19-83
by HR No. 26-83]
Every person seeking to have residential property taxed as provided in § C5-13 shall make application to the Treasurer of the City Council of Hyattsville, setting forth the applicant's name, age, place of residence, a description of the applicant's ownership or legal interest in the residential property sought to be taxed as herein provided and the total gross income of all owners of the property from all sources for the immediate past calendar year. The application must be completed and submitted to the Treasurer of the City of Hyattsville not later than the last day of the month next preceding the beginning of the tax year for which said reduction of assessment on the residential real property is requested, and the application must be accompanied by an affidavit certifying to the truth of its contents. There must also be an attached copy of any certification issued for the ensuing year by the proper governmental department of Prince George's County notifying the applicant that his application for a corresponding credit on county taxes has been approved.
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 5-5-1980 by
HR No. 2-80]
Immediately after the levy is made by the Council in each year,
the Treasurer shall give notice of the making of the levy by posting
a notice thereof in some public place or places in the City. He shall
make out and mail or deliver in person to each taxpayer or his agent
at his last known address a bill or account of the taxes due from
him. 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 taxpayer of the responsibility
to pay on the dates established by this Charter all taxes levied on
his property, including interest, penalties or other costs.
[Amended 8-1-1972]
The taxes provided for in § C5-15 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 and penalty
while in arrears in such amounts as prescribed by City Council resolution
or ordinance, not contrary to state law. All taxes not paid and in
arrears shall be collected as provided in § C5-18 of this
Charter.
[Amended 5-5-1980 by
HR No. 2-80]
A list of all property on which the City taxes have not been
paid and which are in arrears as provided by § C-17 of this
Charter shall be turned over by the Treasurer to the official of the
county responsible for the sale of tax delinquent property as provided
by 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 an officer or employee of the City government
in his official capacity shall belong to the City government and be
accounted for to the City.
The financial books and accounts of the City shall be audited
annually as required by the laws of the State of Maryland.
[Amended 11-6-1978 by
HR No. 13 and 3-4-1991 by HR 2-91
and 3-18-2002 by HR 2002-01]
A.
All purchases and contracts for the City of Hyattsville shall be
made by the City Council in accordance with a procurement policy adopted
by the Council. All expenditures for supplies, materials, equipment,
construction of public improvements or contractual service involving
more than ten thousand dollars ($10,000.00) shall be made on written
contract, and the City Council shall advertise for sealed bids for
all such contracts by publishing notice thereof twice in a newspaper
of general circulation in the City. Such written contracts shall be
awarded to the bidder 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 City Council before becoming effective. The City Council, upon
written justification, may reject all bids and readvertise. The City
Council at any time, in its discretion, may employ its own forces
for the construction or reconstruction of public improvements without
advertising or readvertising for or receiving bids. All written contracts
may be protected by such bonds, penalties and conditions as the City
Council may require.
B.
The City Council may enter into a contract for the procurement of
supplies, materials, equipment, construction of public improvements
or contractual service involving more than ten thousand dollars ($10,000.00)
without utilizing the bid process set forth herein if it determines
that the supplies, materials, equipment, construction of public improvements
or contractual service sought are only available from a single source
and such procurement is in the best interest of the City.
[Amended 6-1-1981 by Res.
No. 4-81]
It shall be the duty of the Treasurer, at least ten (10) days
before each regular election, to have prepared a detailed statement
of the financial condition of the City, including receipts and expenses
of all kind whatsoever, for the preceding year. The statement shall
be available for examination by the public at the City office during
regular office hours until the day after such election.
[Added 5-15-1978 by HR
No. 4-78, amended 3-7-2005 by
HR 2005-07]
The City of Hyattsville shall have the power to borrow in anticipation of the collection of the property taxes levied for any fiscal year, and to issue tax anticipation notes or other evidences of indebtedness as evidence of such borrowing. Such tax anticipation notes or other evidences of tax anticipation indebtedness shall be a first lien upon the proceeds of such taxes and shall mature and be payable no later than eighteen (18) months from their respective dates of issue. No tax anticipation notes or other evidences of tax anticipation indebtedness shall be issued which will cause the total then-outstanding tax anticipation indebtedness of the City to exceed fifty percent (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 tax anticipation indebtedness shall be authorized by ordinance before being issued; any such ordinance may authorize specified details of such tax anticipation notes or other evidences of tax anticipation indebtedness to be determined or provided for by resolution. A resolution adopted pursuant to this Section C5-23 may be introduced and adopted at a single meeting of the Council, may not be petitioned to referendum and shall become effective immediately upon its adoption. Any tax anticipation notes or other evidences of tax anticipation indebtedness may be sold for a price at, above or below par value, for cash or other valuable consideration, and by private (negotiated) sale without advertisement or solicitation of competitive bids or by the solicitation of competitive bids at public sale in the manner determined by the Council by ordinance or resolution (which need not be in the manner set forth in Sections 31 to 37, inclusive, of Article 23A of the Annotated Code of Maryland, as replaced, supplemented or amended from time to time).
[Added 3-7-2005 by HR
2005-07]
A.
The City of Hyattsville shall have the power to borrow money for any proper public purpose and to evidence such borrowing by the issuance and sale of its general obligation bonds, notes or other evidences of indebtedness in accordance with Sections 31 to 37, inclusive, of Article 23A of the Annotated Code of Maryland, as replaced, supplemented or amended from time to time, as supplemented by the provisions of this Section C5-23A. In the event of an inconsistency between the provisions of such Article 23A and this Section C5-23, the provisions of this Section C5-23 shall control.
B.
Any general obligation bonds, notes or other evidences of indebtedness
shall be authorized by an ordinance that shall contain:
(1)
A statement of the maximum principal amount of such general obligation
bonds, notes or other evidences of indebtedness to be issued;
(2)
A statement of the purpose or purposes for which the proceeds of
such general obligation bonds, notes or other evidences of indebtedness
are to be expended;
(3)
A pledge of the full faith and credit and unlimited taxing power
of the City of Hyattsville to the payment of such general obligation
bonds, notes or other evidences of indebtedness and, if applicable,
a statement of any other revenues that the City of Hyattsville intends
to apply in the first instance to such payment; and
C.
Prior to issuing any general obligation bonds, notes or other evidences
of indebtedness of the City of Hyattsville, the Council shall adopt
a resolution containing, determining or providing for the determination
of:
(1)
The designation, date of issue, denomination or denominations, form
or forms and tenor of such bonds, notes or other evidences of indebtedness;
(2)
The rate or rates of interest payable on such bonds, notes or other
evidences of indebtedness or the method of determining the same;
(3)
The date or dates and amount or amounts of maturity, which need not
be in equal par amounts or in consecutive annual installments, provided
only that no bond, note or other evidence of indebtedness of any issue
shall mature later than 30 years from the date of its issue;
(4)
The manner of selling such bonds, notes or other evidences of indebtedness,
which may be either at public or private sale, for such price or prices
as may be determined to be in the best interest of the City of Hyattsville;
(5)
The manner of executing and sealing such bonds, notes or other evidences
of indebtedness;
(6)
If the Council determines that any of such bonds, notes or other
evidences of indebtedness are to be made redeemable before maturity,
the price or prices and terms and conditions of redemption; and
(7)
Such other provisions regarding the terms, conditions, issuance,
sale and delivery of such bonds, notes or other evidences of indebtedness
as the Council may determine necessary or desirable.
A resolution adopted pursuant to this Section C5-23A may be introduced and adopted at a single session of the Council, may not be petitioned to referendum and shall become effective immediately upon its adoption.
D.
As determined by or provided for in the authorizing resolution of
the Council, the general obligation bonds, notes or other evidences
of indebtedness of the City may be issued and sold:
(1)
By private (negotiated) sale without advertisement or solicitation
of competitive bids or by the solicitation of competitive bids at
public sale after publication of the notice of sale (which competitive
bids may be delivered by electronic or facsimile means or by any other
commercially reasonable manner provided for by the Council by resolution);
any notice of sale may be published in summary form in a newspaper
of general circulation in the City of Hyattsville and/or in a generally
recognized financial journal such as The Bond Buyer or any notice
of sale may be disseminated solely in electronic form and/or in any
other commercially reasonable manner, as provided for by resolution;
(2)
For a price or prices which may be at, above or below the par value
of such bonds, notes or other evidences of indebtedness;
(3)
At a rate of interest or rates of interest that may be fixed or variable
or may be determined by a method approved or provided for by resolution;
and
(4)
For either cash or other valuable consideration.
E.
The resolution that authorizes any general obligation bonds, notes
or other evidences of indebtedness may provide for their redemption
prior to maturity and for the manner of publishing or otherwise giving
notice of such redemption.
F.
The City may enter into agreements with agents, banks, fiduciaries,
insurers or others for the purpose of enhancing the marketability
of or as security for any general obligation bonds, notes or other
evidences of indebtedness and for securing any tender option granted
to holders thereof.
G.
The official signatures and seals affixed to any general obligation
bonds, notes or other evidences of indebtedness may be imprinted in
facsimile.
H.
The power and obligation of the City of Hyattsville to borrow money by the issuance of its general obligation bonds, notes or any other evidences of indebtedness, whether issued pursuant to the authority of this Section C5-23A or other applicable law, shall be limited to a total amount of general obligation indebtedness outstanding at the time any such debt is incurred equal to an amount not in excess of Two percent (2%) of the assessable basis of property located in the City of Hyattsville (determined by applying such Two percent (2%) calculation to the assessable basis of each classification of property that is then taxable for municipal purposes by the City of Hyattsville at the time of such issuance and aggregating the results); provided that, (1) tax anticipation notes or other evidences of tax anticipation indebtedness issued in accordance with Charter Section C5-23, (2) bonds, notes or other evidences of indebtedness issued or guaranteed by the City of Hyattsville payable primarily or exclusively from taxes levied in or on, or other revenues of, special taxing districts or areas or tax increment development districts heretofore or hereafter established by law, (3) bonds, notes or other evidences of indebtedness issued for self-liquidating or other projects payable primarily or exclusively from the proceeds of assessments or charges for special benefits or services and (4) revenue bonds, notes or other evidences of indebtedness not constituting general obligations of or a pledge of or involving the faith and credit of the City of Hyattsville, and not an indebtedness of or a charge against the general credit or taxing powers of the City of Hyattsville shall not be deemed to be or be included as bonds, notes or other evidences of indebtedness for purposes of computing or applying the debt limitation set forth in this subsection H. In calculating the debt limitation set forth in this subsection H., the City of Hyattsville shall use the most recent assessable basis figures provided by the State Department of Assessments and Taxation or any department or agency that is subsequently charged with assessing property values for municipal corporations pursuant to Maryland law.
I.
The power and obligation of the City of Hyattsville to pay any and
all general obligation bonds, notes or other evidences of indebtedness
issued by it under the authority of this Charter or other applicable
law shall be unlimited except as hereinabove provided, and the City
of Hyattsville shall levy ad valorem taxes upon all taxable property
in the City of Hyattsville for the payment of such bonds, notes or
other evidences of indebtedness and interest thereon without limitation
of rate or amount.
[Added 3-7-2005 by HR
2005-07]
A.
In addition to any other authority conferred by applicable law, the
City of Hyattsville shall have the power to borrow money to finance
or refinance undertakings for the accomplishment of any of the purposes,
objects and powers of the City and, in connection therewith, to issue
bonds, notes or other evidences of indebtedness (including refunding
bonds, notes or other evidences of indebtedness), all of which shall
be fully negotiable and payable as to both principal and interest
solely from, and secured solely by, a pledge of: (1) the revenues
from or arising in connection with the property, facilities, developments
and improvements whose financing or refinancing is undertaken by issuance
of said bonds, notes or other evidences of indebtedness, (2) the revenues
from or arising in connection with any contracts, agreements, mortgages,
instruments, documents or securities purchased or otherwise acquired
with the proceeds of such revenue bonds, notes or other evidences
of indebtedness, (3) the contracts, agreements, mortgages, instruments,
documents or securities purchased or otherwise acquired with such
revenue bonds, notes or other evidences of indebtedness, (4) any other
security approved by the Council, or (5) any combination of (1), (2),
(3) or (4). Any and all of such revenue bonds, notes or other evidences
of indebtedness shall not be general obligations of the City of Hyattsville
and shall never constitute an indebtedness or a charge against the
general credit or taxing powers of the City of Hyattsville within
the meaning of any constitutional, statutory or Charter provision
limiting or restricting the issuance or sale of bonds, notes or other
evidences of indebtedness of the City of Hyattsville, and shall never
constitute or give rise to any pecuniary liability of the City of
Hyattsville.
B.
Any and all revenue bonds, notes or other evidences of indebtedness authorized to be issued under the provisions of this Section C5-23B shall be authorized by ordinance. Any such ordinance may prescribe, among other things, certain matters pertaining to such revenue bonds, notes or other evidences of indebtedness including, without limitation, the form and tenor thereof; the terms, provisions and conditions thereof; the manner or method of issuance and sale thereof (which may be at public sale following the solicitation of competitive bids, or by private negotiated sale without advertisement or publication of the notice of sale or solicitation of competitive bids, as the Council may deem appropriate and which need not be in the manner set forth in Sections 31 to 37, inclusive, of Article 23A of the Annotated Code of Maryland, as replaced, supplemented or amended from time to time); the time or times of issuance thereof; and any and all other details incident to any such revenue bonds, notes or other evidences of indebtedness and the issuance, sale and delivery thereof and of any and all transactions relating thereto; and any such ordinance may authorize and empower the Council by resolution to determine, set forth or provide for any and all of the foregoing matters and to do any and all things necessary, proper, desirable or expedient in connection with the issuance, sale and delivery of any such revenue bonds, notes or other evidences of indebtedness and any and all transactions relating thereto, provided that such ordinance sets forth a maximum principal amount of revenue bonds, notes or other evidences of indebtedness to be issued for such undertaking and generally describes the project or projects to be accomplished. A resolution adopted pursuant to this Section C5-23B may be introduced and adopted at a single session of the Council, may not be petitioned to referendum and shall become effective immediately upon its adoption.
C.
Any revenue bonds, notes or other evidences of indebtedness authorized to be issued under the provisions of this Section C5-23B may be secured by a trust agreement, indenture or similar instrument between the City of Hyattsville and a corporate trustee, which may be any entity with trust powers within or without the State of Maryland. The authorizing ordinance or resolution (if any) may, among other matters, approve or provide for the approval of the form of the trust agreement, indenture or similar instrument. The authorizing ordinance, the resolution (if any) or the trust agreement, indenture or similar instrument may pledge or assign all or any part of: (1) the revenues from or arising in connection with the property, facilities, developments and improvements whose financing or refinancing is undertaken by issuance of said revenue bonds, notes or other evidences of indebtedness, (2) the revenues from or arising in connection with any contracts, agreements, mortgages, instruments, documents or securities purchased or otherwise acquired with the proceeds of such revenue bonds, notes or other evidences of indebtedness, (3) the contracts, agreements, mortgages, instruments, documents or securities purchased or otherwise acquired with such revenue bonds, notes or other evidences of indebtedness, (4) any other security approved by the Council, or (5) any combination of (1), (2), (3) or (4). Any such ordinance, resolution, trust agreement, indenture or similar instrument may set forth the rights and remedies of the holders of the revenue bonds, notes or other evidences of indebtedness; may restrict the individual right of action by the holders of such revenue bonds, notes or other evidences of indebtedness; may contain whatever provisions for the protection and enforcement of the rights and remedies of the holders of any such revenue bonds, notes or other evidences of indebtedness as the Council may deem reasonable and proper; and, in addition to the foregoing, may contain whatever other provisions the Council may deem reasonable, desirable or proper for the security of the holders of any such revenue bonds, notes or other evidences of indebtedness.
[Added 3-7-2005 by HR
2005-07]
All bonds, notes or other evidences of indebtedness validly
issued by the City of Hyattsville pursuant to Charter Section C5-23
or other applicable law previous to the effective date of this Charter,
as amended, and all ordinances and resolutions passed concerning them,
are hereby declared to be valid, legal and binding and of full force
and effect as if herein fully set forth.
