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Township of Lower Merion, PA
Montgomery County
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Table of Contents
Table of Contents
The fiscal year of the Township shall commence on the first day of January of each year. When changed by statute, the fiscal year shall automatically change.
[Amended 3-18-1987 by Ord. No. 3037]
A. 
General funds (with such fund accounts as set forth in the annual Budget Ordinance).[1]
[1]
Editor's Note: The annual Budget Ordinance is on file in the Clerk's office.
B. 
Capital Projects Fund.
C. 
Equipment Fund.
D. 
Sanitary Sewer Fund.
E. 
Highway Aid Fund.
F. 
Debt Service Fund.
G. 
Agency and Trust Fund (with such subsidiary accounts as are required for proper accounting purposes).
H. 
Parsons (Appleford) Arboretum Trust Fund.
I. 
Insurance Trust Fund.
J. 
Solid Waste Fund.
[Added 8-15-1992 by Ord. No. 3292]
On or before the date of November 15 of each year, the Manager shall submit to the Board a balanced annual operating budget for the ensuing fiscal year, a proposed tax ordinance and an accompanying budget message. The first reading of the budget shall take place in November, and the budget shall be finally adopted in the month of December prior to the ensuing fiscal year to which such budget shall apply.
The budget message submitted by the Manager shall outline the proposed financial policies of the Township for the ensuing year; describe the important features of the budget; indicate any major changes in financial policies, expenditures and revenues from the then current year, together with the reasons for such changes; summarize the Township's debt position; make a general fiscal forecast of at least five years; and include such other material as the Board may request or as the Manager deems desirable.
The budget document shall provide a complete financial plan of all municipal funds and activities for the ensuing fiscal year and, except as required by statute, shall be in such form as the Manager deems desirable or as the Board may require. The budget document shall provide that each fund is balanced and that the total of proposed expenditures shall not exceed the total of the estimated revenue and available fund balance. The document also shall include an organization unit-major line item budget utilizing the standard system of accounts and shall relate it to the official fund budget.
[Amended 1-19-2002 by Ord. No. 3630]
The Manager shall cause to be prepared and included, as a separate section in the annual budget submitted to the Board, a program of capital expenditures, including the Capital Improvement Program of the Director of Building and Planning, of a nonrecurring and long-range nature.
The Board shall publish in one or more newspapers of general circulation in the Township the general summary of the budget and a notice stating:
A. 
The times and places, published at least 20 days prior to the date set for the adoption of the budget, where copies of the budget message and the budget are available for public inspection.
B. 
The time and place, not less than 10 days after such publication, for a public hearing on the budget.
A. 
Amendment before adoption. Following the public hearing, the Board may adopt the budget with or without amendment. In amending the budget, the Board may add or increase programs or amounts, except for expenditures required by law or for debt services; or may reduce or delete programs or amounts, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated revenue and available fund balance.
B. 
Increases to proposed expenditures. Where, upon any revision of the budget, it appears that the estimated expenditures in the adopted budget will be increased more than 10% in the aggregate or more than 25% in any fund or general fund account over the proposed budget, it shall be presumed that the proposed budget was inaccurate; and such budget may not be legally adopted with any such increases therein unless the same is again advertised once, as in the case of the proposed budget, and an opportunity afforded to taxpayers to examine the same and protest such increases.
C. 
Adoption. The Board shall adopt the budget by ordinance on or before the last day of the fiscal year then currently ending.
D. 
Appropriations. Adoption of the budget shall constitute the appropriation of the amounts specified therein as expenditures from the funds indicated and shall constitute a levy of the taxes therein proposed.
Copies of the budget, as adopted, and of the capital program plan shall be public records and shall be made available to the public at suitable places in the Township as determined by the Board. The Township Secretary will file a copy of the adopted budget with the Pennsylvania Department of Community Affairs within 15 days after the adoption of the budget or at such other schedule as may be provided by statute.
A. 
Supplemental appropriations. The Board may, at any time, by resolution, make supplemental appropriations for any lawful purpose from any funds on hand or estimated to be received within the fiscal year and not appropriated to any other purpose, including the proceeds of any borrowing now or hereafter authorized by law.
B. 
Emergency appropriations. To meet a public emergency affecting life, health, property or the public peace, the Board may, during the year, by ordinance, make emergency appropriations. To the extent that there are not available unappropriated revenues to meet such emergency appropriations, the Board may, by ordinance, authorize the issuance of emergency notes, which may be renewed from time to time; such notes and renewals of any fiscal year shall be repaid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made.
C. 
Reduction in appropriations. If, at any time during the fiscal year, it appears probable that the revenues available will be insufficient to meet the amounts appropriated, the Board shall take such action as it deems necessary to prevent or minimize any deficit, and for that purpose it may, by resolution, reduce or eliminate one or more appropriations.
D. 
Transfer of appropriations. During the last nine months of the fiscal year:
(1) 
The Board may, by resolution, transfer part or all of any unencumbered balance appropriated to a fund or general fund account.
(2) 
The Manager may transfer part or all of any unencumbered balance appropriated for programs within a department, office, agency or other organizational unit, provided that said transfer does not change the fund budget set by the Board.
(3) 
When a transfer of over 5% of an appropriation item is made within a fund, or when a transfer of over 5% of the total appropriation to a fund is made from said fund to another fund, an affirmative vote of 2/3 of the Commissioners shall be required.
E. 
Temporary deficiency appropriation. In the event that a fund within the general fund or any fund in total is expected to exceed its appropriation as approved in the annual Budget Ordinance, the following procedure shall be followed to allow for continuation of the various public services:
(1) 
The Director of Finance shall monitor fund expenditures and report monthly those funds that may be expected to exceed their annual appropriation. Further, upon the advice of the Township Manager, the Director of Finance shall recommend the manner in which the deficit is to be covered.
(2) 
By the end of the week in which an overexpenditure of a fund is determined, the Director of Finance shall inform the Board of Commissioners of the overexpenditure and recommend the means by which it will be remedied.
(3) 
Following notice from the Director of Finance as provided in this section, the Board of Commissioners may elect to either reappropriate funds prior to the end of the fiscal year or to wait until the conclusion of the fiscal year.
(4) 
Annually, the Board of Commissioners shall make a final adjustment of fund appropriations where required. This adjustment shall be made as soon as possible after the end of the fiscal year and prior to the final closing of the accounting records.
Every appropriation shall lapse at the end of the fiscal year to the extent that it has not been expended or encumbered and thereby shall be reflected in the fund balance estimated to be available at the commencement of the ensuing fiscal year.
The Manager shall designate, subject to Board approval by resolution, the depositories of the several funds of the Township.
The Director of Finance or his authorized representative shall administer the temporary investment of Township moneys in accordance with the provisions of state and federal law and general accounting procedures.
A. 
The procedure for approval of payment of compensation for Township employees shall be as follows:
(1) 
The Director of Personnel shall certify to the Director of Finance the authorized rate of compensation for each employee.
(2) 
In accordance with the Township's pay periods, each department head shall submit approved time sheets to the Director of Finance.
(3) 
The Director of Finance shall authorize the payment of compensation for all Township employees.
B. 
The Township Secretary shall authorize compensation to the Township Commissioners, and the Director of Building and Planning shall authorize compensation to the members of the Zoning Hearing Board.
[Amended 1-19-2002 by Ord. No. 3631]
The procedure for approval of payment for goods and services received by the Township shall be as follows:
A. 
The ordering or contracting of goods and/or services shall be made in accordance with the Township policy as prescribed by the Township Manager.
B. 
A receiving and payment authorization report shall be submitted to the Director of Finance upon receipt of goods or services as ordered or contracted for.
C. 
The Director of Finance shall process all bills and authorize their payment.
The Township Manager shall authorize payment of all other Township obligations which are not in the nature of those kinds of indebtedness previously referred to in this chapter.
[Added 9-18-1996 by Ord. No. 3428; amended 1-16-2019 by Ord. No. 4153]
Municipal claims filed upon the assessment for amounts remaining unpaid for improvements to real estate shall, upon filing, have added thereto a penalty of 5% of the amount of the claim. Municipal claims filed upon the failure to pay for services rendered or provided, shall, upon filing, have added thereto a penalty of 10% of the amount of the claim, except where a different rate or date of adding the penalty is set forth in this Code. In addition, upon collection of any municipal claim, there shall be added thereto interest on the sum of the claim from the date of the filing of the lien or the completion of the work, whichever shall last occur, at the rate of 5% per annum up to January 1, 1982, and 10% per annum thereafter; except that where a municipal claim is filed arising out of a project financed by the issuance of Township bonds, interest shall be collectible at the rate of interest paid on the bonds or at the rate of 12% per annum, whichever is less.
[Added 5-16-2001 by Ord. No. 3609; amended 2-19-2003 by Ord. No. 3669]
A. 
Schedule of fees. In the event legal services are rendered to the Township in connection with the collection of delinquent accounts (account) pursuant to the Municipal Claim and Tax Lien Law,[1] as amended, the Township may collect, in addition to the amount of the claim or lien, interest and penalty, attorneys' fees and expenses, including postage, as set forth in Chapter A167. The amount of fees and expenses determined according to the Schedule of Fees shall be added to the Township's claim in each account.
[Amended 7-19-2017 by Ord. No. 4112]
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
B. 
Notification of assessment. At least 30 days prior to assessing or imposing attorney fees in connection with the collection of a delinquent account, the Township shall, by United States certified mail, return receipt requested, postage prepaid, mail a notice of such intention to the taxpayer, debtor or other person or entity liable for the account (the "account debtor").
C. 
Subsequent notification of assessment. If, within 30 days of mailing the notice in accordance with the foregoing Subsection B, the certified mail is refused or unclaimed, or the return receipt is not received, then at least 10 days prior to assessing or imposing attorneys' fees in connection with the collection of a delinquent account, the Township shall, by United States first class mail, mail to the account debtor a second notice of such intention.
D. 
Contents and purpose of notice. The notice shall be mailed to the owner's last known post office address as known to the Township and to the Montgomery County Board for the Assessment and Revision of Taxes, shall set forth the type of tax or other charge for which payment is due, the date it became due and the amount owed, including penalty and interest, and shall include the following:
(1) 
A statement that it is the intention of the Township to impose or assess attorneys' fees within 30 days after mailing the notice pursuant to Subsection B hereof, or within 10 days after mailing the notice pursuant to Subsection C hereof;
(2) 
The manner in which the imposition or assessment of attorneys' fees may be avoided by payment of the delinquent account; and
(3) 
The place of payment for accounts and the name and telephone number of the Township representative designated as responsible for collection matters.
E. 
Credit and debit card charges. The Township authorizes an attorney or private collector collecting unpaid municipal claims on behalf of the Township to accept payment of the unpaid municipal claims by credit or debit card. Where payment is made by credit or debit card, any fees charged by the credit card or debit card company and/or credit card or debit card servicing agent shall be charged immediately to the credit card or debit card used to make payment. This applies to credit card or debit card payments made by mail, telephone, over the Internet, or in person.
[Added 7-19-2017 by Ord. No. 4112]
All disbursements in discharge of Township indebtedness, duly incurred for any purpose as referred to in this chapter or otherwise, shall be made by the Township Treasurer or his deputy by virtue of warrants or orders drawn on him by order of the Board of Township Commissioners, signed by the President or Vice President of the Board and attested to by the Secretary or Assistant Secretary of the Township. The warrant or order shall be in the form of a check. The warrant or order shall then be used to fund all imprest accounts and all other Township accounts and to pay all other Township obligations. The Treasurer or his deputy shall thereafter sign all checks in payment of Township indebtedness, except checks for occupational privilege tax refunds, which shall be signed by the Township Manager. Disbursement of checks or warrants containing imprinted facsimiles of signatures shall be permitted, provided that such imprinting device and machines are used or operated only by authorized personnel.
The Board shall provide for an independent annual audit of all Township funds by a qualified outside auditor registered in Pennsylvania, as provided for in the First Class Township Code,[1] who has no personal interest, direct or indirect, in the fiscal affairs of the Township government or of any of its elected or appointed officials. Said appointment shall be made prior to the close of the fiscal year, and such independent auditor shall have and possess all the powers and perform all the duties provided by law for elected auditors. The compensation of such independent auditors shall be fixed by resolution of the Board or by the ordinance adopting the annual budget. The Board may provide for more frequent audits, as well as special audits, as it deems necessary. The auditor's report, together with the auditor's recommendations of the annual report, and a complete financial statement of the fiscal affairs of the Township, shall be presented to the Board no later than the last day of the fourth month following the fiscal year being audited. A summary of the financial statement and auditor's recommendations of the general audit shall be published in at least one newspaper of general circulation in the Township following receipt of the auditor's report by the Board. The same auditing firm or auditor shall not be used for more than four consecutive years, unless proposals are solicited from other qualified firms.
[1]
Editor's Note: See 53 P.S. § 55101 et seq.
The Director of Finance shall be the Secretary of the Municipal Police Pension Fund established by Article II of Chapter 32 of the Lower Merion Code.