Town of Glen Echo,
Maryland - Charter
Full Text of Town Charter
(May 1997)
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Contents
Article I. General
Corporate Powers
Article II. Corporate Limits
Article III. The Mayor
Article IV. The Council
Article V. Registration, Nominations and Elections
Article VI. Finance
Article VII. Personnel
Article VIII. Public Ways and Sidewalks
Article IX. Special Assessments
Article X. Town Property
Article XI. General Provisions
This Charter was prepared for the Town by: Wayne Rhodes,
Institute for Governmental Services, University of Maryland, College Park
Article I. General
Corporate Powers.
Section 101.
Incorporation: powers generally.
The citizens within the
corporate limits heretofore legally established as and for the Mayor and
Council of Glen Echo are hereby constituted and/or continued as a body
corporate by the name of "The Town of Glen Echo" with all of the
privileges of a body corporate, by that name to sue and be sued, to plead and
be impleaded in any court of law or equity, to have and use a common seal and
to have perpetual succession, unless the Charter and the corporate existence
are legally abrogated.
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Article II. Corporate
Limits.
Section 201. Boundaries enumerated.
The boundaries of the Town of
Glen Echo shall embrace the National Chautauqua of Glen Echo - recorded in
Liber, J. A. 25, Folio 253, by the Clerk of the Circuit Court for Montgomery
County and shall be on file in the Town offices.
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Article III. The Mayor. *
Section 301. Election; term of office.
Section
302. Qualifications.
Section 303. Salary.
Section 304. Vacancies in the office.
Section 305. Powers and duties.
Section 301. Election;
term of office.
The Mayor shall be elected as
hereinafter provided and shall hold office for a term of four years or until a
successor is appointed and qualified. The newly elected Mayor shall be sworn in
by the Clerk of the Circuit Court of Montgomery County, and shall take office
on the first Tuesday following the Mayor's election. The Mayor holding office
at the time this Charter becomes effective shall continue to hold office for
the term for which the Mayor was elected and until the Mayor's successor takes
office under the provisions of this Charter.
Section 302.
Qualifications.
To be eligible for election
to the office of Mayor, a person must be not less than thirty years of age. The
Mayor must have resided in the Town for at least one year immediately preceding
the Mayor's election and must be a qualified voter of the Town, in accordance
with Section 501 of this Charter. If, at any time, the Mayor shall cease to
reside in the Town, the office shall automatically become vacant.
Section 303. Salary.
The Mayor shall serve without
compensation.
Section 304. Vacancies in
the office.
Vacancies in the office of
Mayor shall be filled as provided in Section 515 of this Charter.
Section 305. Powers and
duties.
1. The Mayor shall see that
the ordinances of the Town are faithfully executed and shall be the chief
executive officer and the head of the administrative branch of the Town
government.
2. The Mayor, with the
approval of the Council, shall appoint the heads of all offices, departments,
and agencies of the Town government as established by this Charter or by
ordinance. All office, department, and agency heads may be removed by the Mayor
after consultation with the Council and may be removed for cause by the
Council. Before removal for cause by the Council, the office, department, or
agency head to be removed shall be given a written copy of the specific charges
and shall have a hearing on them before the Council if he or she so requests
within ten days after receiving the written copy of the charges. All
subordinate officers and employees of the offices, departments, and agencies of
the Town government shall be appointed and removed by the Mayor after
consultation with the Council.
3. The Mayor each year shall
report to the Council the condition of municipal affairs and make such
recommendations as the Mayor deems proper for the public good and the welfare
of the Town.
4. The Mayor shall have the
power to veto ordinances passed by the Council as provided in Section 411 of
this Charter.
5. The Mayor shall have
complete supervision over the financial administration of the Town government.
The Mayor shall prepare or have prepared annually a budget and submit it to the
Council. The Mayor shall supervise the administration of the budget as adopted
by the Council. The Mayor shall supervise the disbursement of all moneys and
have control over all expenditures approved by the Council to assure that
budget appropriations are not exceeded.
6. The Mayor shall have such
other powers and perform such other duties as may be prescribed by this Charter
or as may be required of the Mayor by the Council, not inconsistent with this
Charter.
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Article IV. The Council
Section
401. Number; election; term of office.
Section 402. Qualifications.
Section 403. Salary.
Section 404. Meetings.
Section 405. Council judge of qualifications of members.
Section 406. President of Council.
Section 407. Quorum.
Section 408. Procedures.
Section 409. Vacancies.
Section 410. Ordinances - Procedure for adoption.
Section 411. Ordinances - Veto.
Section 412. Ordinances - File.
Section 413. General powers.
Section 414. Specific powers.
Section 415. Exercise of powers.
Section 416. Enforcement of ordinances.
Section 401. Number;
election; term of office.
All legislative powers of the
Town shall be vested in a Council, consisting of four Councilmembers, who shall
be elected as hereinafter provided and who shall hold office for a term of four
years. The regular term of Councilmembers shall expire no later than the next
regularly scheduled Council meeting following the election of their successors.
Councilmembers holding office at the time this Charter becomes effective shall
continue to hold office for the term for which they were elected.
Section 402.
Qualifications.
To be eligible for election
as Councilmember, a person must be at least twenty-five years of age. Such
person must have resided in the Town for at least one year immediately
preceding election and shall be a qualified voter of the Town, pursuant to
Section 501 of this Charter. If, at any time a Councilmember shall cease to
reside in the Town, the office shall automatically become vacant.
Section 403. Salary.
All Councilmembers shall
serve without compensation.
Section 404. Meetings.
The newly constituted Council
shall meet at its next regularly scheduled meeting following the election for
the purpose of organization after which the Council shall meet regularly at
such times as may be prescribed by its rules but not less frequently than once
each month. Special meetings shall be called by the Clerk-Treasurer upon the
request of the Mayor or a majority of the members of the Council. Except as provided
by state law, all meetings of the Council shall be open to the public, and
residents of the Town shall have a reasonable opportunity to be heard at any
meeting in regard to any municipal question.
Section 405. Council judge
of qualifications of members.
The Council shall be judge of
the election and qualifications of its members and the Mayor.
Section 406. President of
Council.
The Mayor shall serve as
president of the Council. The Mayor may take part in all discussions but shall
have no vote except in case of a tie. The Mayor shall designate a
vice-president of the Council from among its members who shall act as president
of the Council in the absence of the president. The acting president shall
retain all voting privileges.
Section 407. Quorum.
Three members of the Council
shall constitute a quorum for the transaction of business. No ordinance,
motion, or resolution shall be approved without the favorable votes of a
majority of those Councilmembers present and voting, or, in the case of a tie, the
vote of two Councilmembers and the Mayor.
Section 408. Procedures.
The Council shall determine
its own rules and order of business. It shall keep a journal of its proceedings
and enter therein the yeas and nays upon final action on any question resolution
or ordinance or at any other time if required by any one member. The journal
shall be open to public inspection.
Section 409. Vacancies.
Vacancies in the Council
shall be filled as provided in Section 515 of this Charter.
Section 410. Ordinances -
Procedure for adoption.
No ordinance shall be passed
at the meeting at which it is introduced. At any regular or special meeting of
the Council held not less than six nor more than sixty days after the meeting
at which an ordinance was introduced, it shall be passed, or passed as amended,
or rejected, or its consideration deferred to some specified future date. In
cases of emergency, the above requirement may be suspended by the affirmative
votes of three members of the Council. Every ordinance, unless it be passed as
an emergency ordinance, shall become effective at the expiration of twenty
calendar days following approval by the Mayor or passage by the Council over
the Mayor's veto. A fair summary of each proposed ordinance shall be published
within thirty days of introduction at least once in an official notice produced
by the Town or twice in a newspaper or newspapers having general circulation in
the municipality, or publicized by written distribution to each household in
the Town. An emergency ordinance, the enactment of which is necessary for the
immediate preservation of the public peace, health, safety, or welfare, shall
become effective on the date specified in the ordinance, but no ordinance shall
become effective until approval by the Mayor or passed over the Mayor's veto by
the Council. An emergency ordinance may not create or abolish any office;
change the compensation, term, or duty of any officer; grant any franchise or
special privilege; or create any vested right or interest.
Section 411. Ordinances -
Veto.
All ordinances passed by the
Council shall be promptly delivered by the Clerk-Treasurer to the Mayor for the
Mayor's approval or disapproval. If the Mayor approves any ordinance, the Mayor
shall sign it. If the Mayor disapproves any ordinance, the Mayor shall not sign
it. The Mayor shall return all ordinances to the Clerk-Treasurer within six
days after delivery to the Mayor, including the days of delivery and return and
excluding Sunday, with the Mayor's approval or disapproval. Any ordinance
approved by the Mayor shall be law. Any ordinance disapproved by the Mayor
shall be returned with a written message stating the reasons for the Mayor's
disapproval. Any disapproved ordinance shall not become a law unless
subsequently passed by a favorable vote of a majority of the total membership
of the Council within thirty-five calendar days from the time of the return of
the ordinance. If the Mayor fails to return any ordinance within six days of
its delivery as aforesaid, it shall be deemed to be approved by the Mayor and
shall become law in the same manner as an ordinance signed by the Mayor.
Section 412. Ordinances -
File.
Ordinances shall be
permanently filed by the Clerk-Treasurer and shall be kept available for public
inspection.
The Mayor and Council may
provide for the codification and printing of the ordinances that the Council
has enacted or may enact in the future. The printed copy of the codified
ordinances, issued by the authority and under the sanction of the Council,
shall be legal evidence of the passage of the ordinances in any court of law or
equity in this state.
Section 413. General
powers.
In addition to all the powers
granted to the Mayor and Council by this Charter or any other provision of law,
the Mayor and Council may exercise any power or perform any function which is
not now or hereafter denied to it by the Constitution of Maryland, this
Charter, or any applicable law passed by the General Assembly of Maryland. The
enumeration of powers and functions in this Charter or elsewhere shall not be
deemed to limit the power and authority granted by this paragraph.
Section 414. Specific
powers.
The Council shall have the
power to pass ordinances, resolutions, regulations, and/or rules not contrary
to the laws and Constitution of this state for the following specific purposes:
1. Advertising. To provide for advertising for the purposes of the
Town and for printing and publishing statements as to the business of the Town.
2. Aisles. To regulate and prevent the obstruction of aisles in
public halls, churches and places of amusement, and to regulate the
construction and operation of the doors and means of egress therefrom.
3. Amusements. To provide in the interest of the public welfare for
licensing, regulating, or restraining theatrical or other public amusements.
4. Animals. To regulate the keeping of animals in the Town and
to provide for the licensing of them; to provide for the disposition of
homeless animals on which no license fee is paid.
5. Appropriations. To appropriate municipal moneys for any purpose
within the powers of the Council.
6. Auctioneers. To regulate the sale of all kinds of property at
auction within the Town and to license auctioneers.
7. Billboards
and signs. To license, tax and
regulate, restrain or prohibit the erection or maintenance of billboards and
signs within the Town, and the placing of signs, bills and posters of every
kind and description on any building, fence, post billboard, pole, or other
place within the Town.
8. Bridges. To erect and maintain bridges.
9. Buildings. To make reasonable regulations in regard to
buildings to be erected, constructed, reconstructed or razed in the Town and to
grant building or demolition permits for the same; to formulate a Building Code
and a Plumbing Code and to appoint a building inspector and a plumbing
inspector, and to require reasonable charges for permits and inspections; to
authorize and require the inspection of all buildings and structures and to
authorize the condemnation thereof in whole or in part whether dangerous or
insecure, and to require that such buildings and structures be made safe or be
taken down.
10. Codification. To provide for the codification of all ordinances
which have been or may hereafter be passed.
11. Community
services. To provide, maintain, and
operate community and social services for the preservation and promotion of the
health, recreation, welfare, and enlightenment of the inhabitants of the Town.
12. Cooperative
activities. To make agreements with
other municipalities, counties, districts, bureaus, commissions, and
governmental authorities for the joint performance of or for cooperation in the
performance of any governmental functions.
13. Curfew. To prohibit youth from being in the streets, lanes,
alleys, or public places at certain hours in accordance with state and federal
law.
14. Dangerous
conditions. To compel persons about
to undertake dangerous improvement to execute bonds with sufficient sureties,
conditioned that the owner or contractor will pay all damages resulting from
such work which may be sustained by any person or property.
15. Departments. To create, change, and abolish, offices,
departments, or agencies, other than the offices, departments, and agencies
established by this Charter; to assign additional functions or duties to
offices, departments or agencies established by this Charter, but not including
the power to discontinue or assign to any other office, department, or agency
any function or duty assigned by this Charter to a particular office, department,
or agency.
16. Explosives. To regulate or prevent the storage of gunpowder,
oil, or any other explosive or combustible matter; to regulate or prevent the
use of firearms, fireworks, bonfires, explosives or any other similar things
which may endanger persons or property.
17. Filth. To compel the occupant of any premise or building
situated in the Town, when the same has become filthy or unwholesome, to abate
or cleanse the condition, and after reasonable notice to the owners or
occupants, to authorize such work to be done by the proper officers or their
representatives and to assess the expense thereof against such property, making
it collectible by taxes, or against the occupant or occupants.
18. Finances.
To levy and collect ad valorem property taxes; to expend municipal funds for
any public purpose; to have general management and control of the finances of
the Town.
19. Franchises. To grant and regulate franchises to water companies,
electric light companies, gas companies, telegraph and telephone companies,
transit companies, taxicab companies, and any other which may be deemed
advantageous and beneficial to the Town; subject, however, to the limitations
and provisions of Article 23 of the Annotated Code of Maryland. No franchise
shall be granted for a period longer than forty years.
20. Gambling. To restrain and prohibit gambling.
21. Garbage. To prevent the deposit of any unwholesome substance
either on private or public property, and to compel its removal to designated
points; to require garbage, ashes and other waste or unwholesome materials to
be removed to designated points, or to require the occupants of the premises to
place them conveniently for removal.
22. Grants-in-aid. To apply for and accept gifts, grants, and loans of
funds from the federal, state, or county governments or any agency thereof, and
to expend the same for any lawful public purpose, agreeable to the conditions
under which the gifts, grants, or loans were made.
23. Health. To protect and preserve the health of the Town and
its inhabitants; to appoint a public health officer, and to define and regulate
the health officer's powers and duties; to prevent the introduction of
contagious diseases into the Town; to establish quarantine regulations, and to
authorize the removal and confinement of persons having contagious or
infectious diseases; to prevent and remove all nuisances; to inspect, regulate,
and abate any buildings, structures or places which cause or may cause
unsanitary conditions or conditions detrimental to health; provided, that
nothing herein shall be construed to affect in any manner any of the powers and
duties of the state board of health, the county board of health, or any public
general or local law relating to the subject of health.
24. House
numbering. To regulate the numbering
of houses and lots and to compel owners to renumber the same or in default
thereof to authorize and require the same to be done by the Town at the owner's
expense, such expenses to constitute a lien upon the property collectible as tax
moneys.
25. Licenses. Subject to any restrictions imposed by the public
general laws of the state, to license and regulate all persons beginning or
conducting transient or permanent business in the Town for the sale of any
goods, wares, merchandise, or services; to license and regulate any business,
occupation, trade, calling, or place of amusement or business; to establish and
collect fees and charges for all licenses and permits issued under the
authority of this Charter.
26. Liens. To provide that any valid charges, taxes or
assessments made against any real property within the Town shall be liens upon
such property to be collected as municipal taxes are collected.
27. Lights. To provide for the lighting of the Town.
28. Noise. To regulate or prohibit unreasonable noises in
accordance with federal, state, and county law.
29. Nuisances. To prevent or abate by appropriate ordinance all
nuisances in the Town, which are so defined by common law, by this Charter, or
by the laws of the State of Maryland, whether the same be herein specifically
named or not; to regulate, to prohibit, to control the location of, or to
require the removal from the Town of all trading in, handling of, or
manufacture of any commodity which is or may become offensive, obnoxious, or
injurious to the public comfort or health.
30. Obstructions. To remove all nuisances and obstructions from the
streets, sidewalks, lanes and alleys and from any lots adjoining thereto, or
any other places within the limits of the Town.
31. Parks
and recreation. To establish and
maintain public parks, gardens, playgrounds, and other recreational facilities
and programs to promote the health, welfare, and enjoyment of the inhabitants
of the Town.
32. Police
force. To establish, operate, and
maintain a police force. All Town police shall, within the municipality, have
the powers and authority of constables in this state.
33. Police
powers. To prohibit, suppress, and
punish within the Town all vice, gambling, and games of chance; prostitution
and solicitation therefor and the keeping of bawdy houses and houses of ill
fame; all tramps and vagrants; all disorder, disturbances, annoyances,
disorderly conduct, obscenity, public profanity, and drunkenness. To establish
penalties for violation of any Town ordinance.
34. Property. To acquire by conveyance, purchase, condemnation,
gift, or bequest, real, personal, or leasable property for any public purposes;
to erect buildings and structures thereon for the benefit of the Town and its
inhabitants; and to convey any real or leasehold property when no longer needed
for the public use, after having given at least twenty days public notice of
the proposed conveyance; to control, protect and maintain public buildings,
grounds and property of the Town.
35. Public
ways. To construct, maintain,
improve, and control the public ways of the Town.
36. Quarantine. To establish quarantine regulations in the interest
of the public health.
37. Regulations. To adopt by ordinance and enforce within the
corporate limits police, health, sanitary, fire, building, plumbing, traffic,
speed, parking, and other similar regulations not in conflict with the laws of
the State of Maryland or with this Charter.
38. Sidewalks. To regulate the use of sidewalks and all structures
in, under or above the same; to require the owner or occupant of premises to
keep the sidewalks in front thereof free from snow or other obstruction.
39. Taxicabs. To license, tax and regulate public taxicab drivers,
porters, couriers and all other persons pursuing like occupations.
40. Vehicles. To regulate vehicles, including motor vehicles, and
license bicycles and other vehicles not licensed by the State of Maryland.
41. Voting
machines. To purchase, lease, borrow,
install, and maintain voting machines for use in Town elections.
42. Saving
clause. The enumeration of powers in
this Section is not to be construed as limiting the powers of the Town to the
several subjects mentioned.
Section 415. Exercise of
powers.
For the purpose of carrying
out the powers granted in this article or elsewhere in this Charter, the
Council may pass all necessary ordinances, resolutions, regulations and rules.
All the powers of the Town shall be exercised in the manner prescribed by this
Charter, or if the manner be not prescribed by this Charter, then in such
manner as may be prescribed by ordinance.
Section 416. Enforcement
of ordinances.
1. Misdemeanor. To assure the observance of the ordinances or the
Town and any resolutions, regulations, and rules promulgated thereunder, The
Mayor and Council may declare that violations thereof shall be a misdemeanor
and punishable by a fine, imprisonment, or both in accordance with state law.
The Mayor and Council may provide that, where the violation is of a continuing
nature and is persisted in, a conviction of one (1) violation shall not be a
bar to a conviction for a continuation of the offense subsequent to the first
or any succeeding conviction.
2. Municipal
Infraction. Unless the violation is
declared to be a felony or a misdemeanor by state law or by ordinance, the
Mayor and Council may provide that violations of a municipal ordinance shall be
a municipal infraction and punishable by a fine in accordance with state law.
3. Other
Action. In addition to such remedies,
the Town of Glen Echo may institute injunction, mandamus, or other appropriate
action or proceeding in any court of competent jurisdiction to prevent,
restrain, correct or abate violation of any of the ordinances of the Town. The
Town may order the owner of any property abutting any public way to perform any
act authorized by this Charter or the Town's code of ordinances at the owner's
expense according to reasonable plans and specifications. If after due notice
the owner fails to comply with the order within a reasonable time, the Town may
do the work, and the expense shall be a lien on the property and shall be
collectible in the same manner as are Town taxes or by suit at law.
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Article V. Registration, Nominations
and Elections.
Section 501. Voter
Qualifications.
Section 502. Board of supervisors of elections - Composition; appointment, term
of office, qualifications and compensation of members; chair, vacancies;
election Clerks.
Section 503. Board of supervisors of elections - Removal.
Section 504. Board of supervisors of elections - Duties.
Section 505. Notice of elections.
Section 506. Registration of voters.
Section 507. Appeal from action of board of supervisors of elections.
Section 508. Nominations; limitations on filing.
Section 509. Election of Mayor and Councilmembers.
Section 510. Conduct of elections.
Section 511. Special elections.
Section 512. Vote count.
Section 513. Tie vote.
Section 514. Preservation of ballots.
Section 515. Vacancies.
Section 516. Recall of elected officials
Section 517. Additional regulation and control.
Section 518. Expense of elections.
Section 519. Penalties for violation of article, etc.
Section 501. Voter
Qualifications.
1.
Every United States citizen who (a) is a resident of the Town of Glen Echo,
(b) is at least eighteen (18) years of age or will be eighteen years of age on
or before the date of the next Town election,(c) has resided within the
corporate limits of the Town for thirty (30)days next preceding any Town election,
(d) is registered in accordance with the provisions of this Charter, and (e)
is qualified to vote in Maryland under Section 3-102 of the Election Law Article
or any equivalent provision(s) of the Annotated Code of Maryland shall be a
qualified voter of the Town. Every qualified voter of the Town shall be entitled
to vote at any or all Town elections.
2.
Any person who is not a United States citizen, and (a) is a resident of the Town
of Glen Echo, (b) is a lawful resident of the United States, and (c) except for
the United States citizenship requirement, meets the voter qualifications
provided in Section 501(a)may register to vote in Town elections, as set forth
in Charter Section 506. The Clerk-Treasurer, on behalf of the board of
supervisors of elections, shall maintain a separate voter roll from the existing
voter rolls generated by the Montgomery County Board of Elections, to include
the names of those non United States citizens..
Section 502. Board of
supervisors of elections - Composition; appointment, term of office,
qualifications and compensation of members; chair, vacancies; election Clerks.
There shall be a board of
supervisors of elections, consisting of four members who shall be appointed by
the Mayor with the approval of the Council on or before the first Monday in
March, 1995, and every fourth year thereafter. The terms of members of the
board of supervisors of elections shall begin on the first Monday in March in
the year in which they are appointed and shall run for four years or until
their successors have been appointed and qualified. Members of the board of
supervisors of elections shall be qualified voters of the Town and shall not
hold or be candidates for any elective office during their term of office. The
board shall appoint one of its members as chair. Vacancies on the board shall
be filled by the Mayor with the approval of the Council for the remainder of
the unexpired term. The Mayor, with the approval of the Council may appoint
election clerks to assist the board. The compensation of board members and
clerk shall be determined by the Council.
Section 503. Board of
supervisors of elections - Removal.
Any member of the board of
supervisors of elections may be removed for good cause by the Council. Before
removal, the member of the board of supervisors of elections to be removed
shall be given a written copy of the specific charges against the member and
shall have a hearing on them before the Council if he or she so requests within
ten days after receiving the-written copy of the charges.
Section 504. Board of
supervisors of elections - Duties.
The board of supervisors of
elections shall be in charge of the registration of voters, nominations, and all
Town elections. At the direction of the board of supervisors of elections, the
Clerk-Treasurer may assist in the registration of voters and perform other
election duties.
Section 505. Notice of
elections.
The board of supervisors of
elections shall give at least two weeks notice of every registration day and
every election by an advertisement published in at least one newspaper of
general circulation in the Town or publicized by written notice distributed to
each household in the Town, and by posting a notice thereof in some public
place or places in the Town.
Section 506. Registration
of voters.
Any person who meets the qualifications to vote as set forth in Charter Section 501 may register as follows:
1.
Registration by a resident of the Town of Glen Echo with the Montgomery County
Board of Elections shall be deemed registration for Town elections, provided
that the application for such registration is received by the Montgomery County
Board of Elections no later than the close of business on the fifth Monday prior
to an election. On the second Monday prior to a Town election, the Clerk-Treasurer,
on behalf of the board of supervisors of elections, shall request from the
Montgomery County Board of Elections a certified, alphabetical list of the names
and addresses of those people residing in the Town and registered to vote.
Registration of voters shall be permitted in the Town offices up to and including
the close of business on the second Monday prior to a Town election during regular
office hours every day such offices are open, to develop a supplemental listing
of registered voters. Registration shall be permanent, and no person shall be
entitled to vote in Town elections unless registered. 2.
A Town of Glen Echo voter registration application shall require the signature
of the applicant, subject to the penalties of perjury, by which the applicant
swears or affirms that the information contained in the registration application
is true and that the applicant meets all of the qualifications to become a
registered voter. The applicant may be required to provide identifying information. 3.
It shall be the duty of the supervisors of elections to keep the registration
lists up to date by striking from the lists persons known to have died or to
have moved out of the Town. The Council is hereby authorized to adopt and
enforce any provisions necessary to establish and maintain a system of permanent
registration, and to provide for a registration when necessary. Expenses
connected with the conduct of registration shall be defrayed by the Town.
Section 507. Appeal from
action of board of supervisors of elections. If any person shall feel
aggrieved by the action of the board of supervisors of elections in refusing to
register or in striking off the name of any person, or by any other action,
such person may appeal to the Council. Any decision or action of the Council
upon such appeals may be appealed to the Circuit Court for the county within
thirty days of the decision or action of the Council. Section 508. Nominations;
limitations on filing. No person shall file for
nomination to more than one elective Town public office or hold more than one
elective Town public office at any one time. Any person desiring to become
a candidate for Mayor or Council shall at least twenty days before election,
file or cause to be filed with the chair of the board of supervisors of
elections a declaration of candidacy for office stating that he or she is a
candidate for the office, and fulfills the requirements of office. The chair of
the board of supervisors of elections shall print such persons' names upon the
ballot with a square opposite each, the names of the candidates for Mayor to be
in one group and appearing in alphabetical order, and with the instruction to
the voters to "vote for one"; and the candidates for Councilmembers
to be in another group with names appearing in alphabetical order and with the
instruction to the voters to "vote for no more than two." Section 509. Election of
Mayor and Councilmembers. The qualified voters of the
Town shall elect persons to serve as Mayor and Councilmembers as follows: 1. on
the first Monday in May, 1993, and every fourth year thereafter, one person as
Mayor and two persons as Councilmembers to serve for terms of four years; Section 510. Conduct of
elections. It shall be the duty of the
board of supervisors of elections to provide for each special and general
election at suitable place or places for voting and suitable ballot boxes and
ballots and/or voting machines. The ballots and/or voting machines shall show
the name of each candidate nominated for elective office in accordance with the
provisions of this Charter, arranged in alphabetical order by office with no
party designation of any kind. The board of supervisors of elections shall keep
the polls open from 5:00 P.M. to 9:00 P.M. on election days or for longer hours
if the Council requires it. The board of supervisors of elections shall provide
for absentee ballots. Section 511. Special
elections. All special Town elections
shall be conducted by the board of supervisors of elections in the same manner
and with the same personnel, as far as practicable as regular Town elections. Section 512. Vote count. After the closing of the
polls, the board of supervisors of elections shall determine the vote cast for
each candidate, or question, and shall certify the results of the election to
the Clerk-Treasurer of the Town who shall record the results in the minutes of
the Council. The candidate for Mayor with the highest number of votes in the
general election shall be declared elected Mayor. The two candidates with the
highest number of votes in the general election shall be declared elected
Councilmembers. Section 513. Tie vote. In the event of a tie vote
for candidates for Mayor or Councilmembers, except for the two Councilmember
candidates with the highest number of votes, a run-off election shall be held
on the fourth Monday in May. Only the names of the candidates involved in the
tie vote for office they were seeking in the regular election will appear on
the ballot prepared and used in the run-off election. The Mayor or
Councilmembers whose term (or terms) would have expired with the general
election shall continue to serve until a successor (or successors) will have
been elected. Section 514. Preservation
of ballots. All ballots used in any Town
election shall be preserved by the board of supervisors of elections for at
least six months from the date of the election. Section 515. Vacancies. Vacancies on the Council and
in the office of the Mayor shall be filled in the following manner. (a) Council. 1. Where
the unexpired term of the Councilmember, vacated for any reason, is less than
two years, the Mayor, with approval of a majority of the remaining members of
the Council, shall appoint a qualified person to fill the vacancy for the
unexpired term. In the event all Council positions become vacant simultaneously
for a period of less than two years the Mayor shall appoint qualified persons,
without consent of the Council, to fill the unexpired terms. (b) Mayor. 1. Where
the unexpired term in the office of the Mayor, vacated for any reason, is less
than two years the Council shall elect a qualified person to fill the vacancy
for the unexpired term. Section 516. Recall of
elected officials 1. The
Mayor or any Councilmember may be recalled and removed from office for failure
to uphold the oath of office, or for malfeasance, misfeasance or nonfeasance in
office. Section 517. Additional
regulation and control. The Council, in accordance
with state law, shall have the power to provide by ordinance, resolution,
regulation, and/or rule in every respect not covered by the provisions of this
Charter for the conduct of registration, nomination, and Town elections, and
for the prevention of fraud in connection therewith, and for a recount of
ballots in case of doubt or fraud. Section 518. Expense of
elections. All expenses of general and
special elections shall be paid by the Town. Section 519. Penalties for
violation of article, etc. Any person who (a) fails to perform
any duty required under the provisions of this article or any ordinance passed
thereunder, (b) in any manner willfully or corruptly violates any of the
provisions of this article or any ordinance passed thereunder, or (c) willfully
or corruptly does anything which will or will tend to affect fraudulently any
registration, nomination, or Town election, shall be deemed guilty of a
misdemeanor. Any officer or employee of the Town government who is convicted of
misdemeanor under the provisions of this section shall immediately upon
conviction thereof cease to hold such office or employment. ------------------------------------------------------------------------ Article VI. Finance. Section 601.
Clerk-Treasurer - Appointment; term of office; compensation; removal. Section 601.
Clerk-Treasurer - Appointment; term of office; compensation; removal. There shall be a
Clerk-Treasurer appointed by the Mayor with the approval of the Council. The
Clerk-Treasurer shall serve at the pleasure of the Mayor. The Clerk-Treasurer's
compensation shall be determined by the Council. The Clerk-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
Clerk-Treasurer under the direct supervision of the Mayor. The Clerk-Treasurer also may
be removed for cause by a majority of the Council. Before removal, the
Clerk-Treasurer shall be given a written copy of the specific charges and shall
have a hearing on them before the Council if he or she so requests within ten
days after receiving the written copy of the charges. Section 602.
Clerk-Treasurer - Powers and duties. Under the supervision of the
Mayor, the Clerk-Treasurer shall have authority and shall be required to: 1. Prepare,
at the request of the Mayor, an annual budget to be submitted by the Mayor to
the Council. Section 603.
Clerk-Treasurer - Bond. The Clerk-Treasurer shall
provide a bond with such corporate surety and in such amount as the Council by
ordinance may require. The premium on such bond shall be paid by the Town. Section 604. Fiscal year. The Town shall operate on an
annual budget. The fiscal year of the Town shall begin on the first day of July
of each year and shall end on the last day of June of the following year. Such
fiscal year shall constitute the tax year, the budget year, and the accounting
year. Section 605. Budget -
Preparation. The Mayor, on such date as
the Council by ordinance shall determine, but at least thirty-two days before
the beginning 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 Treasurer, open to public inspection. Section 606. Budget -
Adoption. Before adopting the budget,
the Council shall hold a public hearing thereon after public notice of at least
two weeks. As a result of the hearing, the Council may insert new items or may
increase or decrease the items of the budget. The total of the anticipated
revenues shall equal or exceed the total of the proposed expenditures. A
favorable vote of a majority of the total membership of the Council shall be necessary
for adoption. Section 607.
Appropriations. 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. Section 608. Transfer of
funds. Pursuant to State Law, any
transfer of funds between major appropriations for different purposes by the
Mayor must be approved by the Council before becoming effective. Section 609.
Over-expenditure prohibited. 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 expenditures pursuant to this
Charter. 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 permitted by law. Section 610.
Appropriations lapse after one year. 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. Section 611. Checks. All checks issued in payment
of salaries or other municipal obligations shall be issued and signed by the
Clerk-Treasurer and shall be countersigned by the Mayor. Section 612. Taxable
property. All real property and
tangible personal property within the corporate limits of the Town, shall be
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 an act
of the General Assembly. Section 613. Tax levy. The Council may annually levy
such taxes upon assessable real and personal property within the corporate
limits as it deems necessary and shall set the tax rates by resolution prior to
adoption of the annual budget. Section 614. Notice of tax
levy. Immediately after the levy is
made by the Council in each year, the Clerk-Treasurer shall give notice of the
making of the levy by posting a notice thereof in some public place or places
in the Town or by publishing a notice at least once in an official newsletter
produced by the Town or at least twice in a newspaper or newspapers having
general circulation in the municipality. Section 615. When taxes
overdue. The taxes provided for in
Section 613 of this Charter shall be due and payable as provided in the
tax-property article of the Annotated Code of Maryland and shall be overdue and
in arrears as provided in that article. Taxes shall bear interest while in
arrears at the rate set by state law. All taxes not paid and in arrears after
the first day of the following January shall be collected as provided in
Section 616 of this Charter. Section 616. Sale of tax
delinquent property. A list of all property on
which the Town taxes have not been paid and which are in arrears as provided by
Section 615 of this Charter shall be turned over by the Clerk-Treasurer to
Montgomery County as provided in state law. All property listed thereon shall
if necessary be sold for taxes in the manner prescribed by state law. Section 617. Fees of
officers and employees. All fees received by an
officer or employee of the Town government in his or her official capacity
shall belong to the Town government and be accounted for to the Town. Section 618. Audit of
books and accounts. The financial books and
accounts of the Town shall be audited annually as required by the Annotated
Code of Maryland. Section 619. Tax
anticipation borrowing. During the first six months
of any fiscal year, the Town shall have the power to borrow in anticipation of
the collection of the property tax levied for that fiscal year, and to issue
tax anticipation notes or other evidence 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 six months after the beginning of the fiscal year which they are
issued. Tax anticipation notes or other evidences of indebtedness of the Town
shall not exceed fifty per centum of the property tax levy for the fiscal year
in which such notes or other evidences of indebtedness are issued. The Council
shall have the power to regulate all matters concerning the issuance and sale
of tax anticipation notes. Section 620. Authority to
borrow money; Payment of indebtedness. 1. General
obligation bonds. The Town shall have the power to borrow money for any proper
public purpose and to evidence such borrowing by the issuance of its notes
and/or sale of its general obligation bonds. The power and obligation of the
Town to pay any and all general obligation bonds, notes, or other evidences of
indebtedness issued by it under the authority of this Charter shall be
unlimited, and the Town shall levy ad valorem taxes upon all the taxable
property of the Town for the payment of such bonds, notes, or other evidences
of indebtedness and interest thereon, without limitation of amount. Except as
otherwise provided, the faith and credit of the Town is hereby pledged for the
payment of the principal of and the interest on all bonds, notes, or other
evidences of indebtedness, hereafter issued under the authority of this
Charter, whether or not such pledge be stated in the bonds, notes, or other
evidences of indebtedness, or in the ordinance authorizing their issuance. Section 621. Previous
issues of bonds etc. All bonds, notes, or other
evidences of indebtedness validly issued by the Town previous to the effective
date of this Charter and all ordinances, resolutions, regulations, and/or rules
passed concerning them are hereby declared to be valid, legal, and binding and
of full force and effect as if herein fully set forth. Section 622. Purchasing
and contracts. All purchases and contracts
for the Town government shall be made or caused to be made by the Mayor and
Council. The Council shall provide for the use of competitive bidding and
contracts for all Town purchases and contracts. The Clerk-Treasurer shall be
required to advertise for sealed bids, as prescribed by ordinance, 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
Council before becoming effective. The Council shall have the right to reject
all bids and re-advertise. All written contracts may be protected by such
bonds, penalties, and conditions as the Town may require. ------------------------------------------------------------------------ Article VII. Personnel. Section 701.
Clerk-Treasurer Section 701.
Clerk-Treasurer The Clerk-Treasurer shall be
the Clerk to the Council. The Clerk-Treasurer shall regularly attend meetings
of the Council and keep a full and accurate account of the proceeds of the
Council. The Clerk-Treasurer shall keep such other records and perform such
other duties as may be required by this Charter, the Mayor, or the Council. Section 702. Town
attorney. The Mayor, with the approval
of the Council, may retain a Town attorney. The Town attorney shall be a member
of the bar of the Maryland Court of Appeals. The Town attorney shall be the
legal adviser of the Town and shall perform such duties in this connection as
may be required by the Council or the Mayor. The Town attorney's compensation
shall be determined by the Council. The Town shall have the power to employ
such legal consultants as it deems necessary or desirable from time to time. Section 703. Authority to
employ personnel. The Town shall have the power
to employ such officers and employees as it deems necessary to execute the
powers and duties provided by this Charter or other state law and to operate
the Town government. Section 704. Compensation
of employees. The compensation of all
officers and employees of the Town shall be set from time to time by the
Council, subject to the restrictions imposed upon establishing the salaries of
the Councilmembers and Mayor. Section 705. Employee
benefit programs. The Town is authorized and
empowered to provide for or participate in hospitalization or other forms of
benefit or welfare programs for its officers and employees, and to expend
public money of the Town for such programs. ------------------------------------------------------------------------ Article VIII. Public Ways
and Sidewalks. Section 801. Definition of
"public ways." Section 801. Definition of "public ways." The term "public
ways," as used in this Charter, shall include all streets, rights-of-way,
sidewalks, avenues, roads, highways, public thoroughfares, lanes and alleys. Section 802. Control of
public ways. The Town shall have control
of all public ways within its jurisdiction. Subject to the laws of the State of
Maryland and this Charter, the Town may do whatever it deems necessary to
establish, operate, maintain, or close the public ways of the Town. Section 803. Authority of
Town generally. The Town shall have the power
to: 1. establish,
regulate, and change from time to time the grade lines, width, and construction
materials of Town public ways, bridges, curbs, and gutters; Section 804. Storm water
management facilities powers. The Town may exercise the power
to: 1. plan,
design, construct, acquire, repair, reconstruct, operate, and maintain, within
and without the Town, facilities for the handling of storm waters and other
surface waters. ------------------------------------------------------------------------ Article IX. Special
Assessments. Section 901. Authority of
Town. Section 901. Authority of Town. The Town shall have the power
to levy and collect taxes in the form of special assessments upon property in a
limited and determinable area for special benefits conferred upon such property
by the installation, or construction, of storm water sewers, curbs and gutters
and by the construction, and paving the public ways and sidewalks or parts
thereof, and to provide for the payment of all or any part of the above
projects out of the proceeds of such special assessment. The cost of any
project to be paid in whole or in part by special assessments may include the
direct cost thereof, the cost of any land acquired for the project, the
interest on bonds, notes, or other evidences of indebtedness issued in
anticipation of the collection of special assessments, a reasonable charge for
the services of the administrative staff of the Town, and any other item of
cost which may reasonably be attributed to the project. Section 902. Procedure 1. The
procedure for special assessments, wherever authorized in this Charter, shall
be as follows: ------------------------------------------------------------------------ Article X. Town Property. Section 1001. Acquisition,
possession and disposal. Section 1001. Acquisition, possession and disposal. The Town may acquire real,
personal, or mixed property within the corporate limits of the Town, for any
public purpose by purchase, gift, bequest, devise, lease, condemnation, or
otherwise and may sell, lease, or otherwise dispose of any property belonging
to the Town. All municipal property, funds, and franchises of every kind
belonging to or in possession of the Town (by whatever prior name known) at the
time this Charter becomes effective are vested in the Town, subject to the
terms and conditions thereof. Section 1002.
Condemnation. The Town shall have the power
to condemn property of any kind, or interest therein or franchise connected
therewith, in fee or as an easement, within the corporate limits of the Town,
for any public purpose. Any activity, project, or improvement authorized by the
provisions of this Charter or any other state law applicable to the Town shall
be deemed to be a public purpose. The manner of procedure in case of any
condemnation proceeding shall be that established by state law. The Town shall have the power
to acquire, to obtain by gift, bequest, lease or rent, to purchase, construct,
operate, and maintain all buildings and structures it deems necessary for the
operation of the Town government. Section 1004. Protection
of Town property. The Town shall have the power
to do whatever may be necessary to protect Town property and to keep all Town
property in good condition. ------------------------------------------------------------------------ Article XI. General
Provisions. Section 1101. Oath of
office. Section 1101. Oath of office. 1. Before
entering upon the duties of their offices, the Mayor, the Councilmembers, the
Clerk-Treasurer, the members of the board of supervisors of elections, and all
other persons elected or appointed to any office of profit or trust in the Town
government shall take and subscribe the following oath or affirmation:
I,___________, do swear (or affirm, as the case may be), that I will support
the Constitution of the United States; and that I will be faithful and bear
true allegiance to the State of Maryland, and support the Constitution and laws
thereof; and that I will, to the best of my skill and judgment, diligently and
faithfully, without partiality or prejudice, execute the office of
_____________________ according to the Constitution and laws of this
State." 2. The
Mayor shall take and subscribe this oath or affirmation before the Clerk of the
Circuit Court for the County or before one of the sworn deputies of the Clerk.
All other persons taking and subscribing the oath shall do so before the Mayor.
Section 1102. Official
bonds. The Clerk-Treasurer and such
other officers or employees of the Town as the Council or this Charter may
require, shall give bond in such amount and with such surety as may be required
by the Council. The premiums on such bonds shall be paid by the Town. Section 1103. Prior rights
and obligations. All right, title, and
interest held by the Town or any other person or corporation at the time this
Charter is adopted, in and to any lien acquired under any prior charter of the
Town, are hereby preserved for the holder in all respects as if this Charter
had not been adopted, together with all rights and remedies in relation
thereto. This Charter shall not discharge, impair, or release any contract,
obligation, duty, liability, or penalty whatever existing at the time this
Charter becomes effective. All suits and actions, both civil and criminal,
pending, or which may hereafter be instituted for causes of action now existing
or offenses already committed against any law or ordinance repealed by this
Charter, shall be instituted, proceeded with, and prosecuted to final
determination and judgment as if this Charter had not become effective. Section 1104. Effect of
Charter on existing ordinances. 1. All
ordinances, resolutions, rules, and regulations in effect in the Town at the
time this Charter becomes effective which are not in conflict with the
provisions of this Charter shall remain in effect until changed or repealed
according to the provisions of this Charter. Section 1105.
Separability. If any section or part of a
section of this Charter shall be held invalid by a court of competent
jurisdiction, such holding shall not affect the remainder of this Charter nor
the context in which such section or part of section so held invalid shall
appear, except to the extent that an entire section or part of section may be
inseparably connected in meaning and effect with the section or part of section
to which such holding shall directly apply.
2. on
the first Monday in May, 1995, and every fourth year thereafter, two persons to
serve as Councilmembers for terms of four years.
2. Where
the unexpired term is for a period of two years or more, the vacancy shall be
filled through a special election conducted by the board of supervisors of
elections. The Mayor shall notify the board of supervisors of elections when
vacancies to be filled through election occur. The election shall be held
within a period not to exceed two months of the date on which the vacancy
occurred.
2. Where
the unexpired term is for a period of two years or more the vacancy shall be
filled by a special election conducted by the board of supervisors of
elections. The Vice President of the Council (or where none has been
designated, the Council) shall notify the board of supervisors of elections to
conduct the election within a period not to exceed two months from the date
upon which the vacancy occurred.
3. Where
vacancies occur simultaneously in all positions of Council and Mayor, the board
of supervisors of elections shall conduct an election as soon as possible
thereafter to fill all the vacancies.
2. A
petition signed by at least twenty five percent (25%) of the persons qualified
to vote pursuant to Section 501 of this Charter may initiate a proposal to
recall and remove the Mayor or any Councilmember from office. Each person
signing the petition shall sign his or her name and the date of signing. Under
each signature shall be typed or printed the person's name and address. At the
bottom of each page of the petition, the individual circulating the petition
shall sign the page and make an affidavit before a notary public that he or she
circulated the petition and saw each individual whose name appears thereon sign
the same in his or her presence. Each petition shall propose only one elected
official for recall and removal and shall specify and justify the reasons for
the proposed recall and removal.
3. The
petition shall be presented to the Council at a regular public meeting. The
Council shall promptly refer the petition to the board of supervisors of
elections for verification of the requirements provided in subsection (2) of
this section. The board of supervisors of elections shall return said petition
to the Council at its next regular public meeting with written findings as to
whether the petition satisfies the requirements provided in subsection (2) of
this section, including the certification of qualified voters. If the petition
is pronounced to be satisfactory, the Council, at the same meeting at which the
petition is pronounced to be satisfactory, shall announce a date within
forty-five (45) days at which a special election will be held to vote on the
proposal.
4. The
voting ballot will contain the official's name and the choice of
"reaffirm" or "remove." In order for the official to be
removed, two-thirds of those voting must vote "remove." The voting
shall be conducted in the same manner as regular Town elections,
5. If
two-thirds of the voters favor removing the Mayor or Councilmember from office,
the Mayor or Councilmember shall be declared removed from office on the date at
which the election results are proclaimed. The vacancy in office shall be
filled in the manner prescribed by this Charter.
Section 602. Clerk-Treasurer - Powers and duties.
Section 603. Clerk-Treasurer - Bond.
Section 604. Fiscal year.
Section 605. Budget - Preparation.
Section 606. Budget - Adoption.
Section 607. Appropriations.
Section 608. Transfer of funds.
Section 609. Over-expenditure prohibited.
Section 610. Appropriations lapse after one year.
Section 611. Checks.
Section 612. Taxable property.
Section 613. Tax levy.
Section 614. Notice of tax levy.
Section 615. When taxes overdue.
Section 616. Sale of tax delinquent property.
Section 617. Fees of officers and employees.
Section 618. Audit of books and accounts.
Section 619. Tax anticipation borrowing.
Section 620. Authority to borrow money; Payment of indebtedness.
Section 621. Previous issues of bonds etc.
Section 622. Purchasing and contracts.
2. Disburse
all money and have control over all expenditures to assure that budget
appropriations are not exceeded.
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
or provide for the collection of 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 moneys 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.
2. Revenue
bonds. The Town shall have the power to issue revenue bonds for one or more
revenue-producing projects that serve a proper public purpose. Prior to
issuance of revenue bonds, the Council shall enact an ordinance stating the
public purpose for which the proceeds of the revenue bonds are to be expended.
Revenue bonds shall be made payable, as to both principal and interest, solely
from the income, proceeds, revenues, and funds derived from the project or
projects for which they were issued. The faith and credit of the Town shall not
be pledged for the payment of revenue bonds.
3. Loans.
The Town may at any time pursuant to ordinance borrow funds on terms and in
such amounts determined by the Town Council to be advantageous or desirable to
the Town and to evidence such borrowing by executing a loan promissory note
containing such terms and amounts; provided, however, that any such funds so
borrowed may be used only for a public purpose; and further provided that, if
the ordinance or ordinances authorizing such loan shall so specify, said loan
may be consummated without advertisement or publication of notice of such loan
or solicitation of competitive bids.
Section 702. Town attorney.
Section 703. Authority to employ personnel.
Section 704. Compensation of employees.
Section 705. Employee benefit programs.
Section 802. Control of public ways.
Section 803. Authority of Town generally.
Section 804. Storm water management facilities powers.
2. grade,
lay out, construct, open, extend, and make new streets and sidewalks;
3. grade,
straighten, widen, alter, improve, close up, or abandon any existing Town
street, sidewalk, or right of way;
4. pave,
surface, repave, resurface, or repair any public way or part thereof;
5. install,
construct, reconstruct, repair, and maintain curbs and gutters;
6. construct,
reconstruct, maintain, and repair bridges;
7. name
public ways;
8. have
surveys, plans, specifications, and estimates made for any of the above
activities, projects, or parts thereof;
9. require
that the owners of property abutting on a sidewalk keep the sidewalk clear of
all ice, snow, and other obstruction;
10. require
and order the owner of any property abutting on any public way to perform any
project authorized by this section at the owner's expense according to
reasonable plans and specifications. If after due notice the owner fails to
comply with the order within a reasonable time, the Town may do the work, and
the expense shall be a lien on the property and shall be collectible in the
same manner as are Town taxes or by suit at law.
2. regulate
the construction, repair, reconstruction, operation and maintenance by others
of such facilities.
3. have
surveys, plans, specifications, and estimates made for any of the above
activities or projects or parts thereof.
4. do
all things it deems necessary for the efficient operation and maintenance of
the above systems.
5. require
the owner of any property abutting on any public way in the Town which
generates stormwater run-off to perform any act authorized by this Charter or
the Town's code of ordinances at the owner's expense according to reasonable
plans and specifications. If, after due notice, the owner fails to comply with
the order within a reasonable time, the Town may do the work, and the expense
shall be a lien on the property and shall be collectible in the same manner as
are Town taxes or by suit at law.
Section 902. Procedure
2. The
cost of the project being charged for shall be assessed according to the front
foot rule of apportionment or some other equitable basis determined by the
Council.
3. The
amount assessed against any property for any project or improvement shall not
exceed the value of the benefits accruing to the property therefrom, nor shall
any special assessment be levied which shall cause the total amount of special
assessments levied by the Town and outstanding against any property at any
time, exclusive of delinquent installments, to exceed twenty-five per centum of
the assessed value of the property after giving effect to the benefit accruing
thereto from the project or improvement for which assessed.
4. when
desirable, the affected property may be divided into different classes to be
charged different rates, but, except for this, any rate shall be uniform.
5. all
special assessment charges shall be levied by the Council by ordinance. Before
levying any special assessment charges, the Council shall hold a public
hearing. The Clerk-Treasurer shall cause notice to be given stating the nature
and extent of the proposed project, the kinds of materials to be used, the
estimated cost of the project, the portion of the cost to be assessed, the
number of installments in which the assessment may be paid, the method to be
used in apportioning the cost, and the limits of the proposed area of
assessment. The notice shall also state the time and place at which all persons
interested, or their agents or attorneys, may appear before the Council and be
heard concerning the proposed and special assessment. Such notice shall be
given by sending a copy thereof by mail to the owner of record of each parcel
of property proposed to be assessed and to the person in whose name the
property is assessed for taxation. The Clerk-Treasurer shall present at the
hearing a certificate of mailing of copies of the notice, which certificate
shall be deemed proof of notice, but failure of any owner to receive the mailed
copy shall not invalidate the proceedings. The date of hearing shall be set at
least ten and not more than thirty days after the Clerk-Treasurer shall have
completed service of notice as provided in this section. Following the hearing,
the Council, in its discretion, may vote to proceed with the project and may levy
the special assessment.
6. any
interested person feeling aggrieved by the levying of any special assessment
under the provisions of this Charter shall have the right to appeal to the
Circuit Court for the County within ten days after the levying of any
assessment by the Council.
7. special
assessments may be made payable in annual or more frequent installments over
such period of time, not to exceed ten years, and in such manner as the Council
may determine. The Council shall determine on what date installments shall be
due and payable. Interest may be charged on installments at a rate to be
determined by the Council.
8. all
special assessment installments shall be overdue six months after the date on
which they became due and payable. All special assessments shall be liens on
the property and all overdue special assessments shall be collected in the same
manner as Town taxes or by suit at law.
9. all
special assessments shall be billed and collected or caused to be collected by
the Clerk-Treasurer.
Section 1002. Condemnation.
Section 1003. Town buildings.
Section 1004. Protection of Town property.
Section 1003. Town buildings.
Section 1102. Official bonds.
Section 1103. Prior rights and obligations.
Section 1104. Effect of Charter on existing ordinances.
Section 1105. Separability.
2. All
ordinances, resolutions, rules, and regulations in effect in the Town at the
time this Charter becomes effective which are in conflict with the provisions
of this Charter are repealed to the extent of such conflict.