CODE OF THE BOROUGH OF CHURCHILL, PENNSYLVANIA, v28

Transcription

1 CODE OF THE BOROUGH OF CHURCHILL, PENNSYLVANIA, v28 Updated OFFICIALS OF THE BOROUGH OF CHURCHILL Municipal Building 2300 William Penn Highway Pittsburgh, Pennsylvania Telephone: (412) Fax: (412) Mayor PAUL H. McKENNA Council JAY H. DWORIN, President RAYMOND G. JUREWICZ, Vice President KEVIN P. COLLINS DIANE E. LAW LAWRENCE J. LEPIDI CHERYL R. McABEE DIANA J. YANKES Borough Manager/Secretary CRAIG A. ROBINSON 1

2 Solicitor TUCKER ARENSBERG ATTORNEYS / PREFACE PREFACE Robert McCrea purchased 354 acres of land in Possession of the land passed to his brother William McCrea in William built a spacious farmhouse called "Dundee Farm." That land is the current address of Westinghouse Science and Technology. Farming, limestone and coal mining were the chief industries in this area, known as "Pitt Township." The high ridge east of Wilkinsburg was named Lime Hill, because of the kilns that burned constantly. During the Revolutionary War, soldiers worshiped with local residents at Bullock Pens Church. The church, pulpit and benches were built of logs. Its name was changed to Beulah Church in The chapel, designated an historical landmark, was built in The graves of 35 Revolutionary War soldiers and 34 Civil War soldiers are in the cemetery behind the chapel. The large church was built in The first subscription library west of the Allegheny Mountains was started at Beulah Church in Admission was by the purchase of one $2.50 share. The annual fee was $1. In the early twenties a one-room school house was located on Brown Avenue Extension (Beulah Road). Lincoln School had four grades, a big coal burner in the corner and an outhouse 50 feet behind the building. A group of residents seceded from Wilkins Township and formed Churchill Borough on January 1, The first Burgess was J.M. Hollander; the first Magistrate was Attorney Robert W. Fahringer. He also served as Burgess from Karl Staub was Magistrate from 1936 until his death in Both Fahringer and Staub were sworn into office by Governor Pinchot. During World War II, Ordinance No. 63 prohibited the damaging of any plants in a "victory garden" since the gardens were planted as part of the war effort to alleviate the shortage of vegetables. The property purchased by organizers of St. John Fisher Church was a former government Nike Site. The church was dedicated on May 31,

3 3 Borough of Churchill Churchill Borough has two parks: Bullock Pens Park on McCrady Road, so named because the Revolutionary War soldiers kept cattle in pens for food; and Porters Parklet on William Penn Highway near Rodi Road. The Volunteer Fire Department was organized in Council meetings were held at Edgewood Country Club until 1948, then in a concrete block building at the present municipal building location. Built in 1971, this building contains a business office, Council chambers, Police and Fire Departments, and is located at 2300 William Penn Highway. (Lottie Olen) Since, the Borough of Churchill has, over the years, passed through a process of legislative change common to many American communities. While only a few simple laws were necessary at the time of the establishment of the borough, subsequent growth of the community, together with the complexity of modern life, has created the need for new and more detailed legislation for the proper function and government of the borough. The recording of local law is an aspect of municipal history, and as the community develops and changes, review and revision of old laws and consideration of new laws, in the light of current trends, must keep pace. The orderly collection of these records is an important step in this ever-continuing process. Legislation must be more than mere chronological enactments reposing in the pages of old records. It must be available and logically arranged for convenient use and must be kept up-to-date. It was with thoughts such as these in mind that the Borough Council ordered the following codification of the borough's legislation. Contents of Code The various chapters of the Code contain all currently effective ordinances and resolutions of a general and permanent nature enacted by the Borough Council of the Borough of Churchill, including revisions or amendments to existing legislation deemed necessary by the Borough Council in the course of the codification. Division of Code The Code is divided into parts. Part I, Administrative Legislation, contains all borough legislation of an administrative nature, namely, that dealing with the administration of government, that establishing or regulating municipal departments and that affecting officers and employees of the municipal government and its departments. Part II, General Legislation, contains all other borough legislation of a regulatory nature. Items of legislation in this part generally impose penalties for violation of their provisions, whereas those in Part I do not. Grouping of Legislation and Arrangement of Chapters

4 4 Borough of Churchill The various items of legislation are organized into chapters, their order being an alphabetical progression from one subject to another. Wherever there are two or more items of legislation dealing with the same subject, they are combined into a single chapter. Thus, for example, all legislation pertaining to the regulation of streets and sidewalks may be found in Part II, in the chapter entitled "Streets and Sidewalks." In such chapters, use of article or part designations has preserved the identity of the individual items of legislation. Table of Contents The Table of Contents details the alphabetical arrangement of material by chapter as a means of identifying specific areas of legislation. Wherever two or more items of legislation have been combined by the editor into a single chapter, titles of the several articles are listed beneath the chapter title in order to facilitate the location of the individual item of legislation. Reserved Chapters Space has been provided in the Code for the convenient insertion, alphabetically, of later enactments. In the Table of Contents such space appears as chapters entitled "(Reserved)." In the body of the Code, reserved space is provided by breaks in the page-numbering sequence between chapters. Pagination A unique page-numbering system has been used, in which each chapter forms an autonomous unit. One hundred pages have been allotted to each chapter, and the first page of each is the number of that chapter followed by the numerals "01." Thus, Chapter 6 begins on page 601, Chapter 53 on page 5301, etc. By use of this system, it is possible to add or to change pages in any chapter without affecting the sequence of subsequent pages in other chapters, and to insert new chapters without affecting the existing organization. Numbering of Sections A chapter-related section-numbering system is employed, in which each section of every item of legislation is assigned a number which indicates both the number of the chapter in which the legislation is located and the location of the section within that chapter. Thus, the first section of Chapter 6 is 6-1, while the fourth section of Chapter 53 is New sections can then be added between existing sections using a decimal system. Thus, for example, if two sections were to be added between 53-4 and 53-5, they would be numbered as and Scheme

5 The Scheme is the list of section titles which precedes the text of each chapter. These titles are carefully written so that, taken together, they may be considered as a summary of the content of the chapter. Taken separately, each describes the content of a particular section. For ease and precision of reference, the Scheme titles are repeated as section headings in the text. Histories At the end of the Scheme in each chapter is located the legislative history for that chapter. This History indicates the specific legislative source from which the chapter was derived, including the enactment number (e.g., ordinance number, local law number, bylaw number, resolution number, etc.), if pertinent, and the date of adoption. In the case of chapters containing parts or articles derived from more than one item of legislation, the source of each part or article is indicated in the article History. Amendments to individual sections or subsections are indicated by histories where appropriate in the text. Codification Amendments and Revisions New chapters adopted during the process of codification are specifically enumerated in chapter Histories with reference to "Ch. 1, General Provisions," where the legislation adopting this Code and making such revisions will appear after final enactment. Sections amended or revised are indicated in the text by means of Editor's Notes referring to the chapter cited above. General References; Editor's Notes In each chapter containing material related to other chapters in the Code, a table of General References is included to direct the reader's attention to such related chapters. Editor's Notes are used in the text to provide supplementary information and cross-references to related provisions in other chapters. Appendix Certain forms of local legislation are not of a nature suitable for inclusion in the main body of the Code but are of such significance that their application is community-wide or their provisions are germane to the conduct of municipal government. The Appendix of this Code is reserved for such legislation and for any other material that the community may wish to include. Disposition List The Disposition List is a chronological listing of legislation adopted since the publication of the Code, indicating its inclusion in the Code or the reason for its exclusion. The Disposition List will be updated with each supplement to the Code to include the legislation reviewed with said 5

6 supplement. Index The Index is a guide to information. Since it is likely that this Code will be used by persons without formal legal training, the Index has been formulated to enable such persons to locate a particular section quickly. Each section of each chapter has been indexed. The Index will be supplemented and revised from time to time as new legislation is added to the Code. Instructions for Amending the Code All changes to the Code, whether they are amendments, deletions or complete new additions, should be adopted as amending the Code. In doing so, existing material that is not being substantively altered should not be renumbered. Where new sections are to be added to a chapter, they can be added at the end of the existing material (continuing the numbering sequence) or inserted between existing sections as decimal numbers (e.g., a new section between 45-5 and 45-6 should be designated ). New chapters should be added in the proper alphabetical sequence in the appropriate division or part (e.g., Part I, Administrative Legislation, or Part II, General Legislation), utilizing the reserved chapter numbers. New chapter titles should begin with the key word for the alphabetical listing (e.g., new legislation on abandoned vehicles should be titled "Vehicles, Abandoned" under "V" in the table of contents, and a new enactment on coin-operated amusement devices should be "Amusement Devices" or "Amusement Devices, Coin-Operated" under "A" in the table of contents). Where a reserved number is not available, an "A" chapter should be used (e.g., a new chapter to be included between Chapters 45 and 46 should be designated Chapter 45A). New articles may be inserted between existing articles in a chapter (e.g., adding a new district to the Zoning Regulations) by the use of "A" articles (e.g., a new article to be included between Articles XVI and XVII should be designated Article XVIA). The section numbers would be as indicated above (e.g., if the new Article XVIA contains six sections and existing Article XVI ends with and Article XVII begins with 45-31, Article XVIA should contain through ). Supplementation Supplementation of the Code will follow the adoption of new legislation. New legislation or amendments to existing legislation will be included and repeals will be indicated as soon as possible after passage. Supplemental pages should be inserted as soon as they are received and old pages removed, in accordance with the Instruction Page which accompanies each supplement. Acknowledgment 6

7 The assistance of the borough officials is gratefully acknowledged by the editor. The codification of the legislation of the Borough of Churchill reflects an appreciation of the needs of a progressive and expanding community. As in many other municipalities, officials are faced with fundamental changes involving nearly every facet of community life. Problems increase in number and complexity and range in importance from everyday details to crucial areas of civic planning. It is the profound conviction of General Code Publishers Corp. that this Code will contribute significantly to the efficient administration of local government. As Samuel Johnson observed, "The law is the last result of human wisdom acting upon human experience for the benefit of the public." / PART I ADMINISTRATIVE LEGISLATION PART I ADMINISTRATIVE LEGISLATION / PART I ADMINISTRATIVE LEGISLATION / Chapter 1, GENERAL PROVISIONS Chapter 1, GENERAL PROVISIONS [HISTORY: Adopted by the Borough Council of the Borough of Churchill as indicated in article histories. Amendments noted where applicable.] / PART I ADMINISTRATIVE LEGISLATION / Chapter 1, GENERAL PROVISIONS / ARTICLE I, Adoption of Code [Adopted by Ord. No. 667] ARTICLE I, Adoption of Code [Adopted by Ord. No. 667] / PART I ADMINISTRATIVE LEGISLATION / Chapter 1, GENERAL PROVISIONS / ARTICLE I, Adoption of Code [Adopted by Ord. No. 667] / 1-1. Approval, adoption and enactment of Code. 7

8 1-1. Approval, adoption and enactment of Code. Pursuant to Section 1008(b) of the Borough Code [53 P.S (b)], the codification of a complete body of ordinances and resolutions for the Borough of Churchill, County of Allegheny, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, Articles and sections by General Code Publishers Corp., and consisting of Chapters 1 through 304, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Churchill, which shall be known and is hereby designated as the "Code of the Borough of Churchill," hereinafter referred to as the "Code." / PART I ADMINISTRATIVE LEGISLATION / Chapter 1, GENERAL PROVISIONS / ARTICLE I, Adoption of Code [Adopted by Ord. No. 667] / 1-2. Effect of Code on previous provisions Effect of Code on previous provisions. The provisions of this Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Borough Council of the Borough of Churchill, and it is the intention of said Borough Council that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of 1-3 below, and only changed provisions, as described in 1-6 below, shall be deemed to be enacted from the effective day of this Code, as provided in 1-15 below / PART I ADMINISTRATIVE LEGISLATION / Chapter 1, GENERAL PROVISIONS / ARTICLE I, Adoption of Code [Adopted by Ord. No. 667] / 1-3. Repeal of ordinances not contained in Code Repeal of ordinances not contained in Code. All ordinances or parts of ordinances of a general and permanent nature adopted by the Borough of Churchill and in force on the date of the adoption of this Code, and not contained in the Code 8

9 are hereby repealed as of the effective date given in 1-15 below, except as hereinafter provided / PART I ADMINISTRATIVE LEGISLATION / Chapter 1, GENERAL PROVISIONS / ARTICLE I, Adoption of Code [Adopted by Ord. No. 667] / 1-4. Ordinances saved from repeal; matters not affected by repeal Ordinances saved from repeal; matters not affected by repeal. The adoption of this Code and the repeal of ordinances provided for in 1-3 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to 1-3 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect: A. Any ordinance adopted subsequent to B. Any right or liability established, accrued or incurred under any legislative provision of the borough prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability or any cause of action acquired or existing. C. Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the borough or any penalty, punishment or forfeiture which may result therefrom. D. Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance, brought pursuant to any legislative provision of the borough. E. Any franchise, license, right, easement or privilege heretofore granted or conferred by the borough or any lawful contract, obligation or agreement. F. Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the borough or other instruments or evidence of the borough's indebtedness. G. Any ordinance adopting an annual budget or establishing an annual tax rate. H. Any ordinance providing for the levy, imposition or collection of special taxes, assessments or charges. I. Any ordinance authorizing the purchase, sale, lease or transfer of property or acquiring 9

10 property by acceptance of deed, condemnation or exercise of eminent domain. J. Any ordinance annexing land to the borough. Borough of Churchill K. Any ordinance providing for or requiring the construction or reconstruction or opening of sidewalks, curbs and gutters. L. Any ordinance or part of an ordinance providing for laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, sidewalk, park or other public place or property or designating various streets as public highways. M. Any ordinance establishing water, sewer or other special purpose districts and designating the boundaries thereof; providing for a system of sewers or water supply lines; or providing for the construction, extension, dedication, acceptance or abandonment of any part of a system of sewers or water supply lines. N. Any ordinance providing for the making of public improvements. O. Any ordinance providing for the salaries and compensation of officers and employees of the borough or setting the bond of any officer or employee. P. Any ordinance concerning changes and amendments to the Zoning Map. Q. Any ordinance relating to or establishing a pension plan or pension fund for municipal employees. R. All legislation regarding vehicles and traffic. S. Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the township / PART I ADMINISTRATIVE LEGISLATION / Chapter 1, GENERAL PROVISIONS / ARTICLE I, Adoption of Code [Adopted by Ord. No. 667] / 1-5. Inclusion of new legislation prior to adoption of Code Inclusion of new legislation prior to adoption of Code. All ordinances and resolutions of a general and permanent nature adopted subsequent to the date given in 1-4A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such ordinances and resolutions shall be temporarily placed in the Code until printed supplements are 10

11 included / PART I ADMINISTRATIVE LEGISLATION / Chapter 1, GENERAL PROVISIONS / ARTICLE I, Adoption of Code [Adopted by Ord. No. 667] / 1-6. Changes and revisions in previously adopted ordinances Changes and revisions in previously adopted ordinances. A. Nonsubstantive grammatical changes. In compiling and preparing the ordinances and resolutions of the borough for adoption and revision as part of the Code, certain nonsubstantive grammatical and style changes were made in one or more of said ordinances. It is the intention of the Borough Council that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed had been previously formally amended to read as such. B. Substantive changes and revisions. In addition to the changes and revisions described above, the changes and revisions of a substantive nature as set forth in Schedule A attached hereto and made a part hereof are hereby made to various ordinances and resolutions included in the Code. These changes are made to bring provisions into conformity with the desired policies of the Borough Council, and it is the intent of the Borough Council that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed have been previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in EN(1) C. The following nomenclature changes are hereby made throughout the Code: (1) "Burgess" is hereby amended to "Mayor." (2) "Department of Community Affairs" is hereby amended to read "Department of Community and Economic Development." (3) "Department of Environmental Resources" is hereby amended to "Department of Environmental Protection" or "Department of Conservation and Natural Resources," whichever is appropriate. (4) "District Magistrate" or "Justice of the Peace" is hereby amended to read "District Justice." I ll l i l f i " kh " "l k " 11

12 In all penalty sections, any language referring to a "workhouse," "lockup," "disorderly conduct" or "Burgess" is hereby deleted. 12

13 (5) In Chapter 180 "Building Permit Officer" is amended to read Borough Manager / PART I ADMINISTRATIVE LEGISLATION / Chapter 1, GENERAL PROVISIONS / ARTICLE I, Adoption of Code [Adopted by Ord. No. 667] / 1-7. Interpretation of provisions Interpretation of provisions. In interpreting and applying the provisions of the Code, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of the Code impose greater restrictions or requirements than those of any statute, other ordinance, resolution or regulation, the provisions of the Code shall control. Where the provisions of any statute, other ordinance, resolution or regulation impose greater restrictions or requirements, the provisions of such statute, other ordinance, resolution or regulation shall control / PART I ADMINISTRATIVE LEGISLATION / Chapter 1, GENERAL PROVISIONS / ARTICLE I, Adoption of Code [Adopted by Ord. No. 667] / 1-8. Titles and headings; editor's notes Titles and headings; editor's notes. A. Chapter and Article titles, headings and titles of sections and other divisions in the Code or in supplements made to the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation. B. Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation / PART I ADMINISTRATIVE LEGISLATION / Chapter 1, GENERAL PROVISIONS / ARTICLE I, Adoption of Code [Adopted by Ord. No. 667] / 1-9. Filing of copies of Code Filing of copies of Code. 13

14 Three copies of the Code in a post-bound volume shall be filed with the Ordinance Book in the office of the Borough Secretary and shall remain there for use and examination by the public. Upon adoption, such copies shall be certified to by the Borough Secretary, as provided by law, and such certified copies shall remain on file in the office of the Borough Secretary, available to persons desiring to examine the same during all times while said Code is in effect / PART I ADMINISTRATIVE LEGISLATION / Chapter 1, GENERAL PROVISIONS / ARTICLE I, Adoption of Code [Adopted by Ord. No. 667] / Amendments to Code Amendments to Code. Any and all additions, deletions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intention of the Borough Council to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such changes. Whenever such additions, deletions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the post-bound book containing said Code as amendments and supplements thereto / PART I ADMINISTRATIVE LEGISLATION / Chapter 1, GENERAL PROVISIONS / ARTICLE I, Adoption of Code [Adopted by Ord. No. 667] / Code books to be kept up-to-date Code books to be kept up-to-date. It shall be the duty of the Borough Secretary or someone authorized and directed by him or her to keep up-to-date the certified copies of the book containing the Code required to be filed in the office of the Borough Secretary for the use of the public. All changes in said Code and all ordinances and resolutions adopted by the Borough Council subsequent to the effective date of this codification which the Borough Council shall adopt specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances or resolutions are printed as supplements to said Code books, at which time such supplements shall be inserted therein. 14

15 / PART I ADMINISTRATIVE LEGISLATION / Chapter 1, GENERAL PROVISIONS / ARTICLE I, Adoption of Code [Adopted by Ord. No. 667] / Publication of notices Publication of notices. The Borough Secretary, pursuant to law, shall cause to be published in the manner required a notice of the introduction and of the adoption of the Code in a newspaper of general circulation in the borough. The enactment and application of this ordinance, coupled with the publication of the notices of introduction and adoption, as required by law, and the availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes / PART I ADMINISTRATIVE LEGISLATION / Chapter 1, GENERAL PROVISIONS / ARTICLE I, Adoption of Code [Adopted by Ord. No. 667] / Altering or tampering with Code; penalties for violation Altering or tampering with Code; penalties for violation. It shall be unlawful for anyone to improperly change or amend, by additions or deletions, or to alter or tamper with the Code or any part or portion thereof, in any manner whatsoever, which will cause the law of the borough to be misrepresented thereby. Anyone violating this section of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding $600, plus costs of prosecution, and, in default of payment thereof, by imprisonment for a term not exceeding 30 days / PART I ADMINISTRATIVE LEGISLATION / Chapter 1, GENERAL PROVISIONS / ARTICLE I, Adoption of Code [Adopted by Ord. No. 667] / Severability Severability. The provisions of this ordinance and of the Code adopted hereby are severable, and if any clause, sentence, subsection, section, Article, chapter or part thereof shall be adjudged by any court of competent jurisdiction to be illegal, invalid or unconstitutional, such judgment or decision shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation and application to the clause, sentence, subsection, section, Article, chapter or part thereof rendered. 15

16 It is hereby declared to be the intent of the Borough Council that this ordinance and the Code would have been adopted if such illegal, invalid or unconstitutional clause, sentence, subsection, section, Article, chapter or part thereof had not been included therein / PART I ADMINISTRATIVE LEGISLATION / Chapter 1, GENERAL PROVISIONS / ARTICLE I, Adoption of Code [Adopted by Ord. No. 667] / Effective date Effective date. All provisions of this ordinance and of the Code shall be in force and effect on and after the 10th day of March, / PART I ADMINISTRATIVE LEGISLATION / Chapter 5, AUDITORS, INDEPENDENT Chapter 5, AUDITORS, INDEPENDENT [HISTORY: Adopted by the Borough Council of the Borough of Churchill by Ord. No Amendments noted where applicable.] / PART I ADMINISTRATIVE LEGISLATION / Chapter 5, AUDITORS, INDEPENDENT / 5-1. Change from elected auditors; functions Change from elected auditors; functions. The Borough of Churchill Council hereby elects to change from elected auditors to independent appointed auditors from the date of this chapter until such time as further action may be taken. The independent auditors shall perform all functions required by the Borough Code in the manner and method as prescribed by the borough and in the various proposals and criteria set forth and as advertised by the borough / PART I ADMINISTRATIVE LEGISLATION / Chapter 9, BUDGETARY RESERVE FUND 16

17 Chapter 9, BUDGETARY RESERVE FUND [HISTORY: Adopted by the Borough Council of the Borough of Churchill by Ord. No Amendments noted where applicable.] / PART I ADMINISTRATIVE LEGISLATION / Chapter 9, BUDGETARY RESERVE FUND / 9-1. Statutory authority Statutory authority. The proper officials of the borough are authorized to open an account for receipt of funds pursuant to Act 77. EN(2) / PART I ADMINISTRATIVE LEGISLATION / Chapter 9, BUDGETARY RESERVE FUND / 9-2. Regional sales tax funds Regional sales tax funds. All funds received by the borough pursuant to the Allegheny County Regional Sales Tax for 1994 shall be deposited therein and are specifically designated for said fund. Such proceeds or receipts shall not be deemed to be and may not be counted as 1995 receipts on account of such regional sales tax proceeds. Such funds shall not be subject to mandatory tax relief as set forth in said Act of Assembly but may be budgeted by the borough for use in the next full fiscal year period, or may be retained in said account for use during unanticipated fiscal emergencies as further provided for / PART I ADMINISTRATIVE LEGISLATION / Chapter 9, BUDGETARY RESERVE FUND / 9-3. When effective When effective. The effective date of this chapter shall be September 1,

18 / PART I ADMINISTRATIVE LEGISLATION / Chapter 13, CIVIL SERVICE Chapter 13, CIVIL SERVICE [HISTORY: Adopted by the Borough Council of the Borough of Churchill as indicated in article histories. Amendments noted where applicable.] / PART I ADMINISTRATIVE LEGISLATION / Chapter 13, CIVIL SERVICE / ARTICLE I, Rules and Regulations of Civil Service Commission [Adopted by Res. No. 3837EN] ARTICLE I, Rules and Regulations of Civil Service Commission [Adopted by Res. No EN(3) ] / PART I ADMINISTRATIVE LEGISLATION / Chapter 13, CIVIL SERVICE / ARTICLE I, Rules and Regulations of Civil Service Commission [Adopted by Res. No. 3837EN] / Approval by Council Approval by Council. By the authority of the Council of the Borough of Churchill, the new and revised Civil Service Commission Rules, Regulations and Amendments are hereby approved by the Borough of Churchill Council, and the proper officials are hereby instructed to enter these rules and regulations in the official records of the borough. EN(4) / PART I ADMINISTRATIVE LEGISLATION / Chapter 17, CLAIMS, MUNICIPAL Chapter 17, CLAIMS, MUNICIPAL [HISTORY: Adopted by the Borough Council of the Borough of Churchill by Res. No Amendments noted where applicable.] 18

19 / PART I ADMINISTRATIVE LEGISLATION / Chapter 17, CLAIMS, MUNICIPAL / Setting of rate Setting of rate. The Borough of Churchill by and under the power granted by 9 of the Act of May 16, 1923 (P.L. 207, No. 153) EN(5) as amended by Act No , and known as the "Municipal Claim and Tax Lien Law" hereby sets the rate of interest on all unpaid municipal claims, including but not limited to taxes and sewer rates, at the maximum permitted under said Act / PART I ADMINISTRATIVE LEGISLATION / Chapter 21, COOPERATIVE PURCHASING Chapter 21, COOPERATIVE PURCHASING [HISTORY: Adopted by the Borough Council of the Borough of Churchill by Res. No Amendments noted where applicable.] / PART I ADMINISTRATIVE LEGISLATION / Chapter 21, COOPERATIVE PURCHASING / Authorization to participate Authorization to participate. The Borough of Churchill, hereby requests authorization to participate in purchase contracts of the Department of General Services, subject to the following: A. That it agree to be bound by such terms and conditions as the Department may prescribe. B. That it agree that it be responsible for payment directly to the awarded vendor under each purchase contract / PART I ADMINISTRATIVE LEGISLATION / Chapter 25, COUNCIL OF GOVERNMENTS Chapter 25, COUNCIL OF GOVERNMENTS 19

20 [HISTORY: Adopted by the Borough Council of the Borough of Churchill by Ord. No Amendments noted where applicable.] / PART I ADMINISTRATIVE LEGISLATION / Chapter 25, COUNCIL OF GOVERNMENTS / Election to join; payment of fee Election to join; payment of fee. The Council of the Borough of Churchill hereby elects to join the Turtle Creek Valley Council of Governments, and that the proper officials are authorized to enter into any agreements necessary and to pay the $3,000 a year membership fee for said membership / PART I ADMINISTRATIVE LEGISLATION / Chapter 29, DEFERRED COMPENSATION PLAN Chapter 29, DEFERRED COMPENSATION PLAN [HISTORY: Adopted by the Borough Council of the Borough of Churchill by Res. No Amendments noted where applicable.] GENERAL REFERENCES Employee life insurance -- See Ch. 55. Pension plans -- See Ch. 69. Salaries and compensation -- See Ch. 93. Social security -- See Ch / PART I ADMINISTRATIVE LEGISLATION / Chapter 29, DEFERRED COMPENSATION PLAN / Statutory authority Statutory authority. Pursuant to the provisions of the Acts of Assembly of the legislature in the Commonwealth of Pennsylvania and those of the Internal Revenue Code of the United States of America, and regulations pursuant thereto, the Borough of Churchill, Allegheny County, Pennsylvania, hereby establishes an Employees' Deferred Compensation Plan pursuant to 457 of the Internal 20

21 Revenue Code / PART I ADMINISTRATIVE LEGISLATION / Chapter 29, DEFERRED COMPENSATION PLAN / Authority of Borough Council Authority of Borough Council. The Deferred Compensation Plan shall be under the direction and supervision of the Council of the Borough of Churchill and shall be applied under such regulations and direction as the Council of the Borough of Churchill, by ordinance or resolution, may prescribe for the benefit of the regular, full-time employees of the Borough of Churchill / PART I ADMINISTRATIVE LEGISLATION / Chapter 29, DEFERRED COMPENSATION PLAN / Agreements Agreements. The Borough of Churchill hereby empowers the proper officers of the borough to enter into an agreement for any Internal Revenue Code, 457 plan, with any bank, insurance company or brokerage firm, as the proper officers of the borough shall deem appropriate and advisable. The proper officers shall also have the right and duty to accept any arrangement for such plan that the Commonwealth of Pennsylvania may have available for employees of various municipalities within the commonwealth and which has been previously arranged for and authorized by the Commonwealth of Pennsylvania / PART I ADMINISTRATIVE LEGISLATION / Chapter 29, DEFERRED COMPENSATION PLAN / Duties of borough officers. EN Duties of borough officers. EN(6) The Borough of Churchill hereby authorizes and delegates any or all duties as coordinator or administrator of said plan to the Borough Manager, or such other official of the borough as the Borough Council may from time to time designate. The Administrator shall have all reasonable powers and duties necessary to maintain the Section 457 Deferred Compensation Plan including those enumerated under any plan agreement. 21

22 / PART I ADMINISTRATIVE LEGISLATION / Chapter 29, DEFERRED COMPENSATION PLAN / Deductions from salaries Deductions from salaries. The Borough of Churchill, subject to authorization from any employee, shall deduct from that employee's salary as previously established, an amount pursuant to the requirements of Internal Revenue Code, Section 457, deferred compensation provisions and deposit those with the Administrator or such designee as said Administrator shall so name / PART I ADMINISTRATIVE LEGISLATION / Chapter 29, DEFERRED COMPENSATION PLAN / Holding; depositing and investment of amounts Holding; depositing and investment of amounts. Any amounts deposited and invested pursuant to this plan shall be held in the name of employer for the benefit of the employee until such employee has terminated his employment or retires from the borough. Until such time, the entire distribution of the funds so set aside, titled to the holdings invested hereunder, shall remain in the name of the Borough of Churchill. In addition, the employee by his participation in said plan acknowledges the terms, conditions and regulations as set forth in the Section 457, Deferred Compensation Plan provisions, of the Internal Revenue Code of 1986, and any such deposit indicates acceptance of those terms and conditions / PART I ADMINISTRATIVE LEGISLATION / Chapter 29, DEFERRED COMPENSATION PLAN / Establishment of bank account Establishment of bank account. The proper officers of the Borough of Churchill are directed to establish a bank account, with said account to be known as the "Borough of Churchill Employee Section 457 Deferred Compensation Plan Account," and to deposit in said account all the moneys withheld and received and set forth by the borough's employees pursuant to said section of the Internal Revenue Code. 22

23 / PART I ADMINISTRATIVE LEGISLATION / Chapter 29, DEFERRED COMPENSATION PLAN / Acceptance and approval of plan Acceptance and approval of plan. The Council of the Borough of Churchill hereby authorizes and directs the Plan Administrator or his designee to perform all functions, to make and deliver all reports that may be necessary to gain an acceptance and approval of said plan by the appropriate regulating body. Any costs or expenses therewith shall be borne by the borough to the extent that those costs are not covered by the plan itself / PART I ADMINISTRATIVE LEGISLATION / Chapter 29, DEFERRED COMPENSATION PLAN / Adoption by reference of other provisions Adoption by reference of other provisions The borough hereby incorporates by reference the terms and provisions of any plan selected by the plan administrator and they are made a part hereof / PART I ADMINISTRATIVE LEGISLATION / Chapter 37, EDUCATIONAL SERVICE AGENCY Chapter 37, EDUCATIONAL SERVICE AGENCY [HISTORY: Adopted by the Borough Council of the Borough of Churchill by Res. No Amendments noted where applicable.] / PART I ADMINISTRATIVE LEGISLATION / Chapter 37, EDUCATIONAL SERVICE AGENCY / Creation Creation. There is hereby created, pursuant to Act No. 108 of 1979, EN(7) a new agency to be known as the "Educational Service Agency of the Borough of Churchill," effective January 8, 1980, for the 23

24 purpose of employing special school police and such other employees as may be deemed appropriate by the Borough Council / PART I ADMINISTRATIVE LEGISLATION / Chapter 37, EDUCATIONAL SERVICE AGENCY / Compensation Compensation. All special school police are hereby transferred to the payroll of the Educational Service Agency of the Borough of Churchill, effective January 8, 1980, and shall be compensated from the accounts of said agency, all in conformity with the provisions of said Act of the Legislature / PART I ADMINISTRATIVE LEGISLATION / Chapter 37, EDUCATIONAL SERVICE AGENCY / Establishment of bank accounts Establishment of bank accounts. All payroll funds, accounts and records of the Borough of Churchill pertaining, and appropriate, to the Educational Service Agency shall be hereafter transferred to, and designated as, the "accounts of the Educational Service Agency of the Borough of Churchill." Further, the proper officers of the borough are hereby authorized to establish a new bank account for payment of all employees of the Educational Service Agency of the Borough of Churchill and to establish all other necessary and proper accounts and to perform all other acts and duties to comply with said Act of the Legislature / PART I ADMINISTRATIVE LEGISLATION / Chapter 41, EMERGENCY OPERATIONS PLAN Chapter 41, EMERGENCY OPERATIONS PLAN [HISTORY: Adopted by the Borough Council of the Borough of Churchill by Res. No Amendments noted where applicable.] / PART I ADMINISTRATIVE LEGISLATION / Chapter 41, EMERGENCY 24

25 OPERATIONS PLAN / Approval and adoption of plan; annual review Approval and adoption of plan; annual review. The officials of the Borough of Churchill do hereby approve, adopt and place into immediate effect the Emergency Operations Plan of the Borough of Churchill. This plan shall be reviewed on an annual basis to make certain that it conforms with the requirements of the Allegheny County Emergency Operations Plan / PART I ADMINISTRATIVE LEGISLATION / Chapter 45, FIRE COMPANY Chapter 45, FIRE COMPANY [HISTORY: Adopted by the Borough Council of the Borough of Churchill by Ord. No. 56. Amendments noted where applicable.] GENERAL REFERENCES Police Department -- See Ch / PART I ADMINISTRATIVE LEGISLATION / Chapter 45, FIRE COMPANY / Recognition of Company Recognition of Company. The Churchill Volunteer Fire Company now organized and functioning in the borough is recognized by the borough authorities, and is adopted as a volunteer agency for fighting and preventing fires in the borough, and that the company and the members thereof are entitled to all the benefits and subject to all the regulations authorized or directed by law or ordinance / PART I ADMINISTRATIVE LEGISLATION / Chapter 45, FIRE COMPANY / Liability of members and borough Liability of members and borough. Neither said Fire Company nor any officer or member thereof shall have power or authority 25

26 either by act, negligence or omission, to create any liability on the part of the borough except such as are created by statute or ordinance / PART I ADMINISTRATIVE LEGISLATION / Chapter 45, FIRE COMPANY / Duties of Council Fire Committee Duties of Council Fire Committee. The Fire Committee of Council shall consult with the officers of the company, periodically report to Council and annually present recommendations for the conduct, improvement and support of the company / PART I ADMINISTRATIVE LEGISLATION / Chapter 49, HEALTH DEPARTMENT, COUNTY Chapter 49, HEALTH DEPARTMENT, COUNTY [HISTORY: Adopted by the Borough Council of the Borough of Churchill by Ord. No Amendments noted where applicable.] / PART I ADMINISTRATIVE LEGISLATION / Chapter 49, HEALTH DEPARTMENT, COUNTY / Borough to join County Health Department; plumbing inspections. [Amended by Ord. No. 697] Borough to join County Health Department; plumbing inspections. [Amended by Ord. No. 697] A. The Borough of Churchill shall join the Allegheny County Health Department effective August 1, EN(8) B. The Borough of Churchill submits to the jurisdiction of Article XV the Allegheny County Health Department Rules and Regulations empowering the Allegheny County Health Department to carry out its duties mandated by Article XV, including and not limited to performing plumbing inspections within the Borough of Churchill. 26

27 / PART I ADMINISTRATIVE LEGISLATION / Chapter 55, LIFE INSURANCE, EMPLOYEE Chapter 55, LIFE INSURANCE, EMPLOYEE [HISTORY: Adopted by the Borough Council of the Borough of Churchill by Ord. No Amendments noted where applicable.] GENERAL REFERENCES Deferred compensation plan -- See Ch. 29. Pension plans -- See Ch. 69. Salaries and compensation -- See Ch. 93. Social security -- See Ch / PART I ADMINISTRATIVE LEGISLATION / Chapter 55, LIFE INSURANCE, EMPLOYEE / Statutory authority; terms Statutory authority; terms. Pursuant to the provisions of the Acts of Assembly of the Commonwealth of Pennsylvania, the proper officials of the aforesaid Borough of Churchill are authorized and directed to provide and maintain a group life insurance plan for all of its regular, full-time employees in such amounts and with such terms and conditions as the Council of said Borough of Churchill, by resolution, may prescribe and regulate / PART I ADMINISTRATIVE LEGISLATION / Chapter 55, LIFE INSURANCE, EMPLOYEE / Cost and payment of plan Cost and payment of plan. The cost and payment of the group insurance plan hereinbefore authorized shall be only and exclusively from general funds of said Borough of Churchill and in such amounts and at such periods as the Council of said Borough of Churchill, by resolution, shall direct. 27

28 / PART I ADMINISTRATIVE LEGISLATION / Chapter 59, MANAGER Chapter 59, MANAGER [HISTORY: Adopted by the Borough Council of the Borough of Churchill by Ord. No. 75. Amendments noted where applicable.] GENERAL REFERENCES Salaries and compensation -- See Ch / PART I ADMINISTRATIVE LEGISLATION / Chapter 59, MANAGER / Creation Creation. The office of Borough Manager is hereby created and established for the Borough of Churchill, effective July 16, / PART I ADMINISTRATIVE LEGISLATION / Chapter 59, MANAGER / Election by Council; removal Election by Council; removal. While said office exists the Council shall from time to time, whenever there is a vacancy, elect by a vote of the majority of the members one person to fill said office, who shall serve until the first Monday of January of the even-numbered years succeeding his election and until his successor is qualified, subject, however, to removal by the Council at any time by a vote of the majority of the members / PART I ADMINISTRATIVE LEGISLATION / Chapter 59, MANAGER / Additional duties; positions Additional duties; positions. The Borough Manager shall act as Building Inspector, Sewer Inspector, Road Supervisor and Supervisor and Custodian of Borough Buildings and Property, and shall perform such other 28

29 duties as the Council shall from time to time direct / PART I ADMINISTRATIVE LEGISLATION / Chapter 59, MANAGER / Nonjudicial and nonlegislative powers and duties Nonjudicial and nonlegislative powers and duties. A. The Borough Manager shall further exercise all powers and perform all duties of a nonlegislative and nonjudicial nature that, subject to recall, may be conferred upon, delegated to and required of him from time to time by Council. B. The Borough Manager shall further exercise all powers and perform all duties of a nonlegislative and nonjudicial nature that, with the approval of the Borough Council, the Mayor of the Borough of Churchill may delegate to him from time to time, and the Mayor is hereby authorized to delegate to the Borough Manager such powers and duties. EN(9) / PART I ADMINISTRATIVE LEGISLATION / Chapter 59, MANAGER / Bond Bond. The Borough Manager shall give a bond to the borough with a surety company as surety, to be approved by Council, in the amount of $2,000, conditioned for the faithful performance of his duties, the premium of which bond shall be paid by the Borough of Churchill / PART I ADMINISTRATIVE LEGISLATION / Chapter 59, MANAGER / Salary and compensation. EN Salary and compensation. EN(10) The salary or compensation of the Borough Manager shall be established by the Borough Council as part of the annual budget / PART I ADMINISTRATIVE LEGISLATION / Chapter 69, PENSION 29