Charter

Charter of the Town of Glen Echo, Maryland

(1904; revised January 13, 1997, effective March 4, 1997)

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The Town Council formally approved revisions to the Town Charter at its January 13, 1997 meeting by a vote of 3-1. The updated Charter, drafted from a model by the Institute for Government Service at the University of Maryland, brings the town current with various state and county changes as well as giving form to Glen Echo’s municipal government.

The town was originally chartered in 1904, and the Charter has been revised infrequently.

Charter Amendment Resolution Number 97-2, adopted January 13, 1997 became effective on March 4, 1997. A copy of the new Charter is available for public inspection at the Town Hall at 6106 Harvard Avenue, during regular business hours, and by appointment with the Mayor.

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.

 

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.

 

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.

 

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.

 

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,
and (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 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;

2. on the first Monday in May, 1995, and every fourth year thereafter,
two persons to serve as Councilmembers 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.

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.

(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.

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.

 

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.

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 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 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.

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.

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.

 

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.

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 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.

The Town Council shall prescribe by ordinance a system of purchasing and contracting for all goods and services used by the Town. The purchasing system shall be administered by the Mayor subject to direction by the Town Council.

The Town Council shall prescribe by ordinance for competitive bidding
for purchases or contracts with the Town in excess of an amount to
be established by ordinance, except contracts for professional services
customarily negotiated.

 

Article VII. Personnel.

Section 701. Clerk-Treasurer
Section 702. Town attorney.
Section 703. Authority to employ personnel.
Section 704. Compensation of employees.
Section 705. Employee benefit programs.

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.

Section704. 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 802. Control of public ways.
Section 803. Authority of Town generally.
Section 804. Storm water management facilities powers.

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;

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.

 

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.

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.

 

Article IX. Special Assessments.

Section 901. Authority of Town.
Section 902. Procedure

 

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:

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.

 

Article X. Town Property.

Section 1001. Acquisition, possession and disposal.
Section 1002. Condemnation.
Section 1003. Town buildings.
Section 1004. Protection of Town property.

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.

 

Section 1003. Town buildings.

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 1102. Official bonds.
Section 1103. Prior rights and obligations.
Section 1104. Effect of Charter on existing ordinances.
Section 1105. Separability.

 

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.

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.

 

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.