All legislative powers of the Town shall be
vested in a Council consisting of five Councilmen, who shall be elected
as hereinafter provided and who shall hold office as hereafter designated
or until their successors are elected and qualified. The regular term
of Councilmen shall expire on the third Monday in May after the election
of their successors. Councilmen holding office at the time this Charter
becomes effective shall continue to hold office until their successors
are elected and qualified.
Councilmen shall have resided in Mount Airy
for at least one year immediately preceding their election and shall
be qualified voters in the Town.
B.
The Council may by ordinance increase or decrease
the compensation herein provided; provided, however, that the compensation
in effect at the time a Councilman takes office shall not be changed
during the period for which he was elected. Any ordinance changing
the compensation for members of the Council must be passed prior to
a Town election for Council members to take effect only as to members
elected thereafter.
Newly elected Councilmen shall take office at
a meeting of the Council to be held on the third Monday in May in
each regular Town election year. The Council thereafter shall meet
in regular session on the first Monday of each month and at such other
times as may be prescribed by its rules. Special meetings may be called
by the Mayor or by a majority of the members of the Council as often
as necessary for the transaction of business. All meetings of the
Council shall be open to the public and the rules of the Council shall
provide that residents of the Town of Mount Airy shall have a reasonable
opportunity to be heard at any such meeting in regard to any matters
considered thereat.
The Council shall be the judge of the election
and qualifications of its members.
The Council shall elect one of its members to
serve as President of the Council. The President of the Council may
vote on all issues coming before the Council and shall serve as Acting
Mayor in case of the temporary absence or disability of the Mayor.
The President shall retain his vote on the Council while serving as
Acting Mayor.
The Mayor may attend all Council meetings and
take part in the discussion, but he shall have no vote on any matter.
A majority of the Council shall constitute a
quorum for the transaction of business but no ordinance shall be approved
nor any other action taken without the favorable votes of a majority
of the whole number of members elected to the Council.
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 any question, resolution or ordinance
reflecting how each Council member voted. The journal shall be open
to public inspection.
Vacancies in the Council shall be filled as
provided in § C12-3 of this Charter.
The Council by ordinance may create, change
and abolish offices, departments or agencies, other than the offices,
departments and agencies established by this Charter. The Council
by ordinance may assign additional functions or duties of offices,
departments or agencies established by this Charter, but may not 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.
The Council shall fix the salaries of all officers
and employees of the Town of Mount Airy.
[Amended 1-5-1990 by Res. No. 1989-2; 10-7-2013 by Res. No.
2013-4]
A.
All laws shall be enacted by ordinance. Each ordinance
shall embrace but one subject which shall be described in its title;
and no law or section of law shall be revised or amended by reference
to its title or section only.
B.
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 75 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 provision that an ordinance
may not be passed at the meeting at which it is introduced may be
suspended by the affirmative votes of four members of the Council.
Every ordinance, unless it be passed as an emergency ordinance, shall
become effective at the expiration of 20 calendar days following approval
by the Mayor or passage by the Council over his veto. An emergency
ordinance shall become effective on the date specified in the ordinance,
but no ordinance shall become effective until approved by the Mayor
or passed over his veto by the Council.
All ordinances passed by the Council shall be delivered by the Council Secretary or the Town Clerk at once, or as soon as conveniently may be, to the Mayor for his approval or disapproval. If the Mayor approves of any ordinance, he shall sign it. If the Mayor disapproves of any ordinance, he may refuse to sign it. The Mayor shall return all ordinances to the Council Secretary or the Town Clerk within six days after delivery to him with his approval or disapproval. Any ordinance approved by the Mayor shall be law. Any ordinance disapproved by the Mayor shall be returned by the Mayor without his signature and with a message stating the reasons for his disapproval. Any disapproved ordinance shall not become a law unless subsequently passed by a favorable vote of 4/5 of the whole Council at the next regular meeting of the Council or at any special meeting of the Council held before said next regular meeting. If the Mayor fails to return any ordinance within six days of its delivery to him as aforesaid, then the ordinance shall become law without his approval; provided, however, that no budget ordinance adopted pursuant to § C6-6 and no bond issue approved under § C6-19 shall be subject to veto.
Ordinances, when passed and approved by the
Mayor, when not returned by him within the specified time or when
passed over his veto, shall be permanently filed by the Council Secretary
or the Town Clerk in a book or books which shall be kept for that
purpose and which shall be kept open for public inspection.
A.
The Council shall have the power to pass all such
ordinances not contrary to the Constitution and laws of Maryland or
this Charter as it may deem necessary for the good government of the
Town; for the protection and preservation of the Town's property,
rights and privileges; for the preservation of peace and good order
and for securing persons and property from violence, danger or destruction;
and for the protection of the health, comfort and convenience of the
residents of the Town of Mount Airy and visitors thereto and sojourners
therein.
B.
The members of the Council may select and appoint
from their number such committees as they may deem necessary or advisable
to assist the Council in the performance of its duties.
