[Amended 11-8-2004 by
CharterAmendment No. CA-04-01]
There shall be a treasurer appointed by the mayor with the approval
of the council. The treasurer shall serve at the pleasure of the mayor.
The compensation of the treasurer shall be determined by the council.
The treasurer 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 treasurer under the direct supervision
of the mayor.
[Amended 11-8-2004 byCharter
Amendment No. CA-04-01]
Under the supervision of the mayor, the treasurer shall have
authority and shall be required to:
(1) Prepare at 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 moneys and
have control over all expenditures to assure that budget appropriations
are not exceeded, diverted, misapplied or expended other than as budgeted.
(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 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 monies 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.
The town shall operate on an annual budget. The fiscal year
of the town shall begin on the first day of July in any year and shall
end on the last day of June in the following year. The fiscal year
constitutes the tax year, the budget year, and the accounting year.
The mayor, on such date as the council determines, but at least
by May 20, of any fiscal year, shall submit a budget to the council.
The budget shall provide a complete financial plan for the budget
year and shall contain estimates of anticipated revenues and proposed
expenditures for the coming year. The total of the anticipated revenues
shall equal or exceed the total of the proposed expenditures. The
budget shall be a public record in the office of the clerk-treasurer,
open to public inspection during normal business hours.
Before adopting the budget the council shall hold a public hearing
thereon after two weeks notice thereof in some newspaper having general
circulation within the municipality. The council may insert new items
or may increase or decrease the items of the budget. If the council
increases the total proposed expenditures it shall also increase the
total anticipated revenues in an amount at least equal to the 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 is 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 appropriations for different purposes
by the mayor must be approved by the council before becoming effective.
[Amended 11-8-2004by
Charter Amendment No. CA-04-05]
No officer or employee during any budget year may 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 available for expenditure
in the fund to which the expenditure, contract or liability is to
be charged. Any contract, verbal or written, made in violation of
this charter is null and void. Nothing in this section contained,
however, prevents the making of contracts or expenditure 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 the contract is made,
when the contract is permitted by law.
All appropriations lapse at the end of the budget year to the
extent that they are not 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 11-8-2004 by
Charter AmendmentNo. CA-04-01; 11-8-2004 by Charter Amendment No. CA-04-02]
All checks issued in payment of salaries or other municipal
obligations shall be issued and signed by the treasurer and shall
be countersigned by the mayor or, in the absence of the treasurer
or the mayor, signed or countersigned by the town administrator.
All real property and all tangible personal property within
the corporate limits of the town, or personal property which may have
a situs there by reason of the residence of the owner therein, is
subject to taxation for municipal purposes, and the assessment used
shall be the same as that for State and county taxes. No authority
is given by this section to impose taxes on any property which is
exempt from taxation by any act of the General Assembly.
From the effective date of the budget, the amount stated therein
as the amount to be raised by the property tax constitutes a determination
of the amount of the tax levy in the corresponding tax year.
[Amended 11-8-2004 by
Charter Amendment No. CA-04-01]
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 town. The treasurer
shall make out and mail or deliver in person to each taxpayer or agent
at the last known address a bill or account of the taxes due. 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.
The taxes provided for in this charter are due and payable on
the first day of July in the year for which they are levied and are
overdue and in arrears on the first day of the following October.
They shall bear interest while in arrears at the rate established
by the council 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 below.
[Amended11-8-2004 by Charter Amendment No. CA-04-01]
A list of all property on which the town taxes have not been
paid and which are in arrears as provided by 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 in State law.
All property listed thereon, if necessary, shall be sold for taxes
by this county official, in the manner prescribed by State law. By
an affirmative vote of the council the town may from time to time
conduct its own tax sales.
All fees received by an officer or employee of the town government
in his/her official capacity shall belong to the town government and
be accounted for to the town.
The financial books and accounts of the town shall be audited
annually as required by Section 40 of Article 19 of the Annotated
Code of Maryland (1957 Edition, as amended).
During the first six months of any fiscal year, the town may
borrow in anticipation of the collection of the property tax levied
for that fiscal year, and may issue tax anticipation notes or other
evidences of indebtedness as evidence of such borrowing. Such tax
anticipation notes or other evidences of indebtedness shall be a first
lien upon the proceeds of such tax and shall mature and be paid not
later than eighteen months after they are issued. No tax anticipation
notes or other evidences of indebtedness shall be issued which will
cause the total tax anticipation indebtedness of the town to exceed
fifty per centum (50%) of the property tax levy for the fiscal year
in which the notes or other evidences of indebtedness are issued.
All tax anticipation notes or other evidences of indebtedness shall
be authorized by ordinance before being issued. The council shall
have the power to regulate all matters concerning the issuance and
sale of tax anticipation notes.
[Added 9-25-2006 by Charter
Amendment No. CA-06-02
(a) In addition to the authority provided for in Section 718 of this
Charter with respect to tax anticipation borrowings, the Town 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 the manner prescribed
in this Section.
(b) As determined by or provided for in the authorizing ordinance and/or
resolution of the Council, the general obligation bonds, notes or
other evidences of indebtedness of the Town 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 or dissemination of the notice of sale,
as determined by the Council by ordinance or resolution;
(2)
For a price or prices that may be at, above or below the par
value of the 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 the Council; and
(4)
For cash or other valuable consideration.
(c) The ordinance or resolution that authorizes the general obligation
bonds, notes or other evidences of indebtedness may provide for their
redemption prior to maturity, at such price or prices at or above
par value as determined or provided for by the Council, and for the
manner of publishing or otherwise giving notice of such redemption.
(d) The Town may enter into agreements with agents, banks, fiduciaries,
insurers or others for the purpose of enhancing the marketability
of or as security for the general obligation bonds, notes or other
evidences of indebtedness and for securing any tender option granted
to holders thereof.
(e) The official signatures and seals affixed to any of the general obligation
bonds, notes or other evidences of indebtedness may be imprinted in
facsimile.
(f) In connection with any sale of general obligation bonds, notes or
other evidences of indebtedness by the solicitation of competitive
bids at public sale, and as determined or provided for by the Council
by ordinance or resolution, any such competitive bids may be delivered
by electronic and/or facsimile means and/or by any other then-commercially
reasonable manner for the sale of municipal obligations at competitive
bid, any notice of sale may be published in whole and/or in summary
form in a newspaper of general circulation in the Town 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
by any other then-commercially reasonable manner for the sale of municipal
obligations, and the date or dates of publishing or disseminating
any notice of sale or summary thereof shall be determined or provided
for by the Council by ordinance or resolution.
(g) Any resolution adopted by the Council pursuant to this Section 719
may be introduced and adopted in a single session and shall not be
subject to petition to referendum, notwithstanding the provisions
of any other section of this Charter.
(h) In connection with the authorization of its general obligation bonds,
notes or other evidences of indebtedness, the Town may pledge to the
payment thereof, or provide that such obligations shall be payable
in the first instance from, any other sources of revenue available
to the Town.
(i) The power conferred on the Town under this Section 719 of the Charter
shall be deemed to be additional and supplemental to any other general
obligation borrowing authority granted to the Town by Maryland public
general or public local law, and the Town may authorize, issue and
secure any such general obligation debt in conformity with this Charter
and/or any other applicable law.
(j) The provisions of this Section 719 shall not apply to any tax anticipation
borrowing incurred in accordance with Section 718 of this Charter.
(k) All general obligation bonds, notes or other evidences of indebtedness
validly issued by the Town 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.
All bonds, notes, or other evidences of indebtedness validly
issued by the town previous to the effective date of this charter
and all ordinances passed concerning them are hereby declared to be
valid, legal, and binding and of full force and effect as if herein
fully set forth.
[Amended 11-8-2004 byCharter
Amendment No. CA-04-01]
All purchases and contracts for the town government shall be
authorized by the Town Administrator. The council may provide by ordinance
or resolution for rules and regulations regarding the use of competitive
bidding and contracts for all town purchases and contracts. The treasurer
shall advertise for sealed bids, in such manner as may be prescribed
by the council, for all such written contracts. The 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 council before becoming effective. The treasurer may reject
all bids and readvertise. 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 written contracts may be protected by such bonds, penalties,
and conditions as the town may require.