- Borough Council
- Powers of Council
Powers of Council
The Council of the Borough shall have power:
(1) To create, by motion, ordinance or resolution, and appoint a treasurer, a secretary, a solicitor, an engineer, a street commissioner and such other officers as it deems necessary. The treasurer and the secretary shall not be members of council. A bank or bank and trust company may be appointed as treasurer. All officers and employees appointed by the council, with the exception of those who under the provisions of this, or any other act are under civil service or have a definite term of office, shall serve for an indefinite term at the pleasure of the council.
(2) To mitigate or remit fines and forfeitures in reasonable cases.
(3) By resolution, to make temporary loans on the credit of the borough in anticipation of taxes to be collected, and to issue certificates of indebtedness therefor. All such loans shall be repaid from the first moneys available from taxes in anticipation of which the same were made.
(4) To appoint and revoke the appointment of one or more depositories for borough funds and to fix and approve security to be furnished by any such depository. Such security may be bonds with corporate or individual securities to be approved by council, or collateral security consisting of obligations of the United States or the Commonwealth of Pennsylvania, or any political subdivision thereof, deposited with the borough or with any bank or trust company within the Commonwealth of a market value of one hundred twenty percent of the amount of the deposit to be secured. Any deposit of collateral shall be under proper agreement and be accompanied by proper assignment or power of attorney for the transfer of the collateral. The borough treasurer shall deposit all borough funds in any depository so designated, and when so deposited, the borough treasurer shall be released and discharged from further liability on account of such deposit. Nothing herein contained shall be construed to require a depository to furnish bond or collateral security to cover the amount of any deposit to the extent that the same is insured with the Federal Deposit Insurance Corporation.
(5) To secure such indemnity bonds or policies of insurance as it may deem necessary to protect the borough from loss by reason of fire, flood, windstorm, burglary, larceny, negligence or dishonesty, insolvency of a depository, or otherwise, and to pay for such protection the usual or customary costs.
(6) To (i) make investment of borough sinking funds as authorized by the act of July 12, 1972 (P.L.781, Number 185), known as the "Local Government Unit Debt Act"; (ii) make investment of moneys in the General Fund and in special funds of the borough other than the sinking funds as authorized by Article XIII of this act; and (iii) liquidate any such investment, in whole or in part, by disposing of securities or withdrawing funds on deposit. Any action taken to make or to liquidate any investment shall be made by the officers designated by action of the borough council. ((6) amended November 2, 1979, P.L.458, Number 94)
(7) To provide by ordinance passed by a two-thirds vote of the entire number of members of council elected, for the appointment of an independent auditor who shall be a certified public accountant, registered in Pennsylvania, a firm of certified public accountants so registered or a competent public accountant or a competent firm of public accountants. Where such an ordinance has been so adopted, an independent auditor shall be appointed, annually, by resolution before the close of a fiscal year, to make an independent examination of the accounting records of the borough for such fiscal year and such independent auditor shall also perform the other duties and exercise the powers as conferred upon him by subdivision (k) of article XI of this act. When an independent auditor is appointed as herein provided, the office of elected borough auditor or controller, as the case may be, is thereby abolished although the borough auditors, or controller, then in office shall continue to hold their office during the term for which elected and the borough auditors or controller shall not audit, settle, or adjust the accounts audited by such independent auditor but shall perform the other duties of their office. Whenever any borough has provided by ordinance for the audit of its accounts by an appointed auditor, the borough shall have the right at any time to repeal said ordinance, and thereupon the office of appointed auditor shall be abolished, as of the date set in such ordinance and said borough shall have the further right at the next municipal election following the repeal of said ordinance to elect three auditors, one for a term of two years, one for a term of four years, and one for a term of six years, from the first Monday of January succeeding such election, which auditors so elected shall succeed the appointed auditor and shall have and possess all the powers and perform all the duties provided in this act for elected auditors. If at any time after the effective date of any such ordinance abolishing the office of appointed auditor, there shall be a vacancy in the office of elected auditor, council shall fill such vacancies in the manner prescribed in section 901 of this act. ((7) amended June 25, 2001, P.L.651, Number 56)
(8) To make, authorize and ratify expenditures for lawful purposes from funds available therefor or from funds borrowed within legal limits.
(9) To pay authorized expenses incurred by elected and appointed borough officers in connection with their duties or other borough business.