The citizens of the Town of Mardela Springs,
in Wicomico County, Maryland, are hereby created a body corporate
by the name of the "Commissioners of Mardela Springs," with all the
powers and privileges of a body politic and corporate, and by such
corporate name shall have perpetual succession, sue and be sued, plead
and be impleaded in any court of law or equity, may have and use a
common seal, may purchase and hold real, personal and mixed property
and sell and dispose of the same for the benefit of the town and may
own or lease suitable buildings for municipal purposes.
The limits of the said town shall be as follows:
Beginning for the same on the northerly side of Barren Creek at a
stone settled at the corner of the land of James E. Bacon, thence
running in a northerly direction by and with the divisional line between
the land of said James E. Bacon and the land of Charles W. Bacon to
the County Road leading from Mardela Springs to the Vienna Ferry,
thence on a continuation of the same line across the land of L.A.
Wilson to a ditch in the rear of the barn of the said L.A. Wilson,
thence in a northeasterly direction to the southwest corner of the
thicket of William T. Wilson, thence in an easterly direction to the
southeast corner of the said thicket, thence in a southeasterly direction
to the corner of the land of William M. Cooper and the land of Clarence
Glasgow, thence in a southerly direction by and with the divisional
line between the said Cooper land and the said Glasgow land to the
Stone Road leading from Mardela Springs to Salisbury, thence on a
continuation of the same line across the said Stone Road and across
the land of Virginia C. Graham to Barren Creek, thence in a southerly
direction by and with said Barren Creek to the northeast corner of
the lot of C. S. Gabler, thence in a southerly direction by and with
the said Gabler lot to the land of Mrs. M. E. Wilson, thence by and
with the line of the said Wilson land to the County Road, thence on
a continuation of the same line across the land of James T. Hopkins
to a private road about two hundred yards in the rear of his house,
thence in a westerly direction in a straight line to the old Venables
Mill Race, thence in a northerly direction by and with the said Mill
Race and Barren Creek to the place of beginning.
A.
Boundaries. All that area of land, and all persons
residing thereon and all property located thereon, adjacent to and
binding upon the easterly corporate limits of Mardela Springs, in
Barren Creek Election District of Wicomico County, State of Maryland,
and being more particularly described as follows: Beginning for the
same at the intersection of the present easterly corporate limits
of the Town of Mardela Springs with the northerly line of the right-of-way
of U.S. Route 50, and running thence; by and with said northerly line
of the right-of-way of U.S. Route 50 in a southeasterly direction
to a point 624 feet southeasterly of the intersection of the northerly
line of U.S. Route 50 with the southerly line of Main Street at a
State Road Commission marker; thence (1) north 5 degrees 40 minutes
east a distance of 176.5 feet to an iron rod; thence (2) north 8 degrees
24 minutes west a distance of 46.79 feet to an iron pipe; thence (3)
south 61 degrees 30 minutes east to the line of the property of Harold
Bennett; thence (4) by and with said Bennett property in a southerly
direction across U.S. Route 50 to a point on said Line 150 feet south
of the southerly line of U.S. Route 50; thence (5) in a westerly direction
in a line parallel with the southwesterly line of the right-of-way
of U.S. Route 50 to the southerly line of Main Street; thence (6)
in a westerly direction by and with the southerly line of Main Street
to the present easterly corporate limits of the Town of Mardela Springs;
thence (7) by and with the present easterly corporate limits of the
Town of Mardela Springs in a northerly direction to the place of beginning;
be and the same is hereby annexed to and included in the boundaries
of the Commissioners of Mardela Springs and the boundaries of the
Commissioners of Mardela Springs are hereby changed accordingly.
B.
Conditions. The annexation hereby proposed shall be
made upon the following terms and conditions, to wit:
(1)
That upon the effective date of the annexation hereby proposed the provisions of the Charter of Mardela Springs and all ordinances, resolutions, rules and regulations of the Commissioners of Mardela Springs, now in effect or adopted hereafter, shall apply to said area described in Subsection A hereof to the same extent as if said area were now located inside the corporate limits of Mardela Springs.
(2)
That said area shall be subject to taxation by the Commissioners of Mardela Springs at the full rate of ad valorem taxes levied by the Commissioners of Mardela Springs from time to time; provided, however, that no real property taxes shall be levied or imposed by the Commissioners of Mardela Springs upon the area described in Subsection A hereof or upon any part thereof until July 1, 1964.
[1]
The preamble to the Resolution of January
20, 1964, was as follows:
" Whereas, the Commissioners of Mardela Springs
are desirous of annexing a certain area of land adjacent to the present
corporate limits of Mardela Springs here described into the Town;
and
"Whereas, the Commissioners of Mardela Springs
have obtained the consent for the proposal from the owners of more
than twenty-five per cent (25%) of the assessed valuation of the real
property located in the area to be annexed; and
"Whereas, there are no persons residing in
the area to be annexed, the Commissioners of Mardela Springs are duly
entitled in law to introduce the passage of an ordinance for the annexation
into the Town of Mardela Springs of the area hereinafter described."
A.
Boundaries. All areas of land, and all persons residing
thereof and all property located thereon, adjacent to and binding
upon the northerly corporate limits of Mardela Springs, in Barren
Creek Election District of Wicomico County, State of Maryland, and
being more particularly described as follows: Parcel No. 1---Beginning
for the same at the northwesterly corner of the existing corporate
limits of Mardela Springs and continuing in a northerly direction
on the same course as the existing westerly line of the town to the
northerly line of U.S. Route 50, thence in a southeasterly direction
in a curving line by and with said U.S. Route 50 to the intersection
of the northerly line of said U.S. Route 50 with the northerly corporate
limits of the town, thence in a westerly direction by and with the
present northerly corporate limits of the town to the place of beginning.
Parcel No. 2--Beginning for the same at a point on the northerly line
of U.S. Route 50, said place of beginning being south 61 degrees 30
minutes east a distance of 220 feet from the center line of East Main
Street and running thence (1) by and with the northeasterly line of
U.S. Route 50 a distance of 403.4 feet to the present corporate limits
of the town; thence (2) by and with said corporate limits north 5
degrees 40 minutes east a distance of 176.5 feet; thence (3) partly
with and partly beyond the present corporate limits north 8 degrees
24 minutes west a distance of 158.8 feet to an iron pipe; thence (4)
south 68 degrees 12 minutes west a distance of 376.5 feet to the place
of beginning; be and the same are hereby annexed to and included in
the boundaries of the Commissioners of Mardela Springs and the boundaries
of the Commissioners of Mardela Springs are hereby changed accordingly.
B.
Conditions. The annexation hereby proposed shall be
made upon the following terms and conditions, to wit:
(1)
That upon the effective date of the annexation hereby proposed the provisions of the Charter of Mardela Springs and all ordinances, resolutions, rules and regulations of the Commissioners of Mardela Springs, now in effect or adopted hereafter, shall apply to said areas described in Subsection A hereof to the same extent as if said areas were now located inside the corporate limits of Mardela Springs.
(2)
That said areas shall be subject to taxation by the Commissioners of Mardela Springs at the full rate of ad valorem taxes levied by the Commissioners of Mardela Springs from time to time; provided, however, that no real property taxes shall be levied or imposed by the Commissioners of Mardela Springs upon the areas described in Subsection A hereof or upon any part thereof until July 1, 1964.
[1]
The preamble to the Resolution of April 17,
1964, was as follows:
" Whereas, the Commissioners of Mardela Springs
are desirous of annexing certain areas of land adjacent to the present
corporate limits of Mardela Springs hereinafter described into the
Town; and
"Whereas, the Commissioners of Mardela Springs
have obtained the consent for the proposal from the owners of more
than twenty-five per cent (25%) of the assessed valuation of the real
property located in the area to be annexed; and
"Whereas, there are no persons residing in
the areas to be annexed, the Commissioners of Mardela Springs are
duly entitled in law to introduce the passage of an ordinance for
the annexation into the Town of Mardela Springs areas hereinafter
or described."
A.
Time and place. The regular elections for the election
of Commissioners shall be held on the first Monday of August 1959
and thereafter biennially on the first Monday of August in each second
year. At the election held on the first Monday of August 1959, five
(5) Commissioners shall be elected; the two (2) receiving the highest
number of votes shall be elected to serve for four (4) years, the
three (3) receiving the next highest number of votes to serve for
two (2) years. Thereafter, three (3) Commissioners and two (2) Commissioners
shall be elected to serve for four (4) years at alternate elections.
B.
Who may vote. Any citizen of the Town of Mardela Springs
who shall be entitled to register and vote, in any special or general
election of the State of Maryland and who shall have resided in the
area included within the boundaries of the town as they exist at the
time of any election for the period of one (1) month next immediately
preceding any town election shall be a qualified voter.
[Amended 6-9-1983 by Res. No. 1-1983]
C.
Regulation of elections. The Commissioners shall make
all needful rules and regulations, not inconsistent with this Charter
or the laws of the State of Maryland, for the election.
D.
Judges of Election. At least ten (10) days prior to
any election, the Commissioners shall appoint three (3) Judges of
Election. Before opening the polls, said Judges of Election shall
make oath before some notary public of Wicomico County to permit every
qualified voter of said town to vote, and none other, and to truly
and faithfully perform the duties of their office.
E.
Time, place and notice. All elections hereunder shall
be held within the town limits at such place or places as the Commissioners
shall designate. At least ten (10) days prior to the holding of any
election, the Commissioners shall give notice of the time and place,
or places, of such election by handbills posted in at least two (2)
public places in said town. The hours for such election shall be between
the hours of 4:00 and 8:00 p.m.
[Amended 5-15-2012 by Res. No. 5-2012-1]
F.
Count and return. After the polls have been closed,
the ballots shall be publicly counted, and the said Judges shall within
two (2) days after such election make a true and correct return of
the results of said election under their hands and seals to be addressed
and transmitted to the Commissioners along with the ballots. Said
return to be made a part of the records of the said Commissioners.
G.
Tie elections. If at the election held on the first
Monday in August 1959, it shall appear from the returns of the Judges
of Elections that there shall be a tie for the second highest number
of votes, the two (2) candidates shall draw lots to determine which
of them shall serve for four (4) years and which for two (2) years.
If at any election it shall appear from the returns of the Judges
of Election that two (2) or more persons voted for as Commissioner
have received the same number of votes, so that there is not a choice
for the office, a new election shall be immediately proclaimed by
the Commissioners to fill the vacancy from among such tie candidates,
which election shall be held on ten (10) days' notice and in all respects
as aforesaid, except as to day of election.
H.
Persons elected to qualify. The Commissioners shall
qualify and take possession of their offices at the next regularly
scheduled meeting of the Commissioners immediately following their
election, and the failure of any person so elected to appear and qualify
within the time prescribed, shall be deemed a refusal of the person
failing to qualify to accept the office of Commissioner, whereupon
the person receiving the next highest number of votes shall be declared
duly elected.
[Amended 5-15-2012 by Res. No. 5-2012-2]
A.
Number. The government of said town shall be vested
in five (5) Commissioners who shall possess the qualifications, receive
the compensation and have the power and duties as set forth in this
section.
B.
Qualifications. Each Commissioner shall have attained
the age of twenty-one (21) years on the day of election and shall
have resided within the area included within the corporate limits
of Mardela Springs at the time of his election for a period of not
less than two (2) years prior to the date of his election.
[Amended 11-15-2011 by Res. No. 10-2011-1]
C.
Compensation. The Commissioners shall receive as compensation
the sum of ten dollars ($10.) per annum. The Commissioner serving
as Secretary shall receive an additional ten dollars ($10.) per annum
for his services in that capacity.[1]
[1]
Editor's Note: This subsection was amended
by Res. No. 1-1981, effective 7-2-1981. A complete text of the amendment
is on file in the office of the Clerk of the Town of Mardela Springs
and may be examined there during regular office hours.
D.
Allocation of duties. The said Commissioners shall
appoint one (1) of their number as President, one (1) as Vice President,
one (1) as Secretary and the same or another as Secretary.[2] In addition one (1) Commissioner shall be named to act
as Street Commissioner and another as Public Works Commissioner.
[2]
Editor's Note: So in original. Probably should
read "Treasurer."
E.
Powers and duties of the President. The President
of the Commissioners shall be the executive officer of the Town of
Mardela Springs, clothed with all of the power necessary to secure
the enforcement of all ordinances passed by the Commissioners under
this Charter. He may call the Commissioners in special session when
he is of the opinion that the public good may require.
F.
Vice President. The Vice President shall possess the
powers of and perform the duties of the President in the event of
his absence or inability to serve.
G.
Powers and duties of the Secretary. The Secretary
shall keep the minutes of the Commissioners in a well-bound book,
which book shall be open to the inspection of anyone interested. He
shall maintain a complete and well indexed file of the ordinances
of the Commissioners passed from time to time and of such correspondence
and other records as shall be deemed desirable by the Commissioners.
H.
Powers and duties of the Treasurer. The Treasurer
shall give such bond as the Commissioners may deem proper. He shall
receive all moneys due the town, and he shall pay out such moneys
only on the orders of the Commissioners, which order shall be recorded
on their minutes.
I.
Powers and duties of the Street Commissioner. The
Street Commissioner shall have charge of the maintenance, repair,
paving and repaving of all the streets, ways, alleys, curbs, gutters
and sidewalks within the town which are not a part of the state roads
system. He shall inspect all work done and approve it before payment
therefor shall be made by the Commissioners of Mardela Springs.
J.
Powers and duties of the Public Works Commissioner.
The Public Works Commissioner shall have charge of the installation,
maintenance and repair of any public water or sewer systems within
the town. He shall have charge of the operation of any municipal garbage
or rubbish collection within the town limits.
K.
Vacancy. Should a vacancy occur among the Commissioners
during the term of their office, the remaining Commissioners shall
have the power to fill the vacancy, and the new Commissioner so appointed
shall hold office until the next regular or special election.
L.
Quorum. Three (3) Commissioners shall constitute a
quorum for the transaction of business.
The Commissioners shall immediately after taking
office appoint a Town Clerk. The Clerk shall attend all meetings of
the Commissioners; he shall, under the direction of the Secretary,
be responsible for keeping the records, minutes and ordinances of
the town and the making of all necessary reports to the federal or
state governments or agencies thereof. He shall, under the direction
of the Treasurer, make collection of all moneys due the town from
all sources and shall keep the tax and financial records of the town.
He shall perform such other duties as shall be from time to time assigned
to him by the Commissioners or directed by ordinance. He shall serve
at the pleasure of the Commissioners and shall receive such compensation
as they shall from time to time determine.
Should the Commissioners deem that the best
interests of the town require it, they shall by resolution create
the office of Town Engineer. He shall be responsible for the maintenance
and operation of all buildings, equipment and public works owned or
operated by the town; he shall, under the direction of the Street
Commissioner, be responsible for the construction, maintenance and
repair of the streets and highways of the town not under the jurisdiction
of the State Roads Commission of Maryland. He shall perform such other
duties as may be from time to time assigned him by the Commissioners
or directed by ordinance. He shall serve at the pleasure of the Commissioners
and shall receive such compensation as the Commissioners shall from
time to time determine.
Any officer or employee of the town may by resolution
of the Commissioners be required to give bond for the faithful performance
of his duties as such. The amount of said bond shall be determined
by the Commissioners and the premium or premiums therefor paid out
of public funds.
The Commissioners, Town Clerk and such other
town officers as the Commissioners shall by resolution require shall,
before entering upon the duties of their offices, take an oath before
a notary public of the State of Maryland that they will diligently
and faithfully to the best of their judgment and ability discharge
the duties of their office and without favor, partiality or prejudice;
and will support the Constitutions of the United States and the State
of Maryland. The taking of such oaths shall be recorded among the
records of the town.
A.
General. The Commissioners of Mardela Springs shall
have full power to pass all such resolutions and ordinances not contrary
to the Constitution and laws of Maryland or this Charter as from time
to time they may deem necessary, wise, equitable and expedient for
the good government, comfort, health, convenience and prosperity of
the town and its inhabitants; for the preservation of peace and good
order; for the prevention and removal of nuisances; for the preservation
of health and suppression of vice and immorality within the limits
of the town; and for the protection of the property of the town and
that of the residents, visitors and sojourners therein.
B.
Specific. No enumeration of powers herein shall be
deemed to restrict the general authority of the Commissioners of Mardela
Springs, but for the sake of clarity the Commissioners' powers to
pass ordinances not contrary to the laws and Constitution of this
state for the following specific purposes is described as follows:
(1)
Advertising. To provide for advertising for the purposes
of the town, 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)
Appropriations. To appropriate municipal moneys for
any purpose within the powers of the Commissioners.
(5)
Auctioneers. To regulate the sale of all kinds of
property at auction within the town and to license auctioneers.
(6)
Band. To establish a municipal band or other musical
organization and to regulate by ordinance the conduct and policies
thereof.
(7)
Billboards. To license, tax, regulate, restrain and
prohibit the erection or maintenance of billboards within the town,
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)
Buildings. To make reasonable regulations in regard
to buildings and signs to be erected, constructed or reconstructed
in the town and to grant building 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 when dangerous or insecure and to require that such buildings
and structures be made safe or be taken down.
(9)
Cemeteries. To regulate or prohibit the interment
of bodies within the municipality and to regulate cemeteries.
(10)
Codification. To provide for the codification
of all ordinances which may 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, urban service authorities, bureaus,
commissions and governmental authorities, including drainage district
authorities, for the joint performance of or for cooperation in the
performance of any governmental or proprietary functions, or for the
performance by the other governmental authority of some governmental
or proprietary function normally performed by municipalities or under
their direction.
(13)
Curfew. To prohibit the youth of the town from
being in the streets, lanes, alleys or public places at unreasonable
hours of the night.
(14)
Dangerous conditions. To compel persons about
to undertake dangerous improvements to give bonds with sufficient
sureties conditioned that the owner or contractor will pay all damages
resulting from such work which may be sustained by any persons or
property.
(15)
Departments. To create, change and abolish offices,
departments or agencies, other than the offices established by this
Charter; to assign additional functions or duties to offices 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.
(16)
Dogs. To regulate the keeping of dogs in the
town and to provide for the disposition of homeless dogs and dogs
on which no license fees have been paid.
(17)
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, bonfires, explosives or any
other similar things which may endanger persons or property.
(18)
Filth. To compel the occupant of any premises,
building or structure 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 and to assess the expense thereof
against such property, making it collectible by taxes or against the
occupant or occupants.
(19)
Finances. To levy, assess 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.
(20)
Fire. To suppress fires and prevent the danger
thereof and to establish and maintain a Fire Department; to contribute
funds to volunteer fire companies serving the town; to inspect buildings
for the purpose of reducing fire hazards and to forbid and prohibit
the use of fire-hazardous buildings and structures permanently or
until the conditions of town fire-hazard regulations are met; to make
regulations concerning fire hazards; to install and maintain fireplugs
and fire alarm boxes and to regulate their use; and to take all other
measures necessary to control and prevent fires in the town.
(21)
Franchises. To grant and regulate franchises
to all public utility companies, including taxicab companies, and
any others 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 longer period than fifty (50) years.
(22)
Gambling. To restrain and prohibit gambling.
(23)
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 slops, garbage, ashes and other waste
materials to be removed to designated points or to require the occupants
of the premises to place them conveniently for removal.
(24)
Grants-in-aid. To accept gifts and grants of
federal or of state funds from the federal or state governments or
any agency thereof, and to expend the same for any lawful public purpose,
agreeably to the conditions under which the gifts or grants were made.
(25)
Hawkers. To license, tax, regulate, suppress
and prohibit hawkers and itinerant dealers, peddlers, pawnbrokers
and all other persons selling any articles on the streets of the town
and to revoke such licenses for cause.
(26)
Health. To protect and preserve the health of
the town and its inhabitants; to appoint a Public Health Officer and
to define and regulate his 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 or remove all nuisances; to inspect,
regulate and abate all 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.
(27)
House numbers. To regulate the numbering of
houses and lots and to compel owners to number the same or in default
thereof to authorize and require the same to be done by the town at
the owner's expense, such expense to constitute a lien upon the property
collectible as tax moneys are.
(28)
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.
(29)
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.
(30)
Lights. To provide for the lighting of the town.
(31)
Livestock. To regulate and prohibit the running
at large of cattle, horses, swine, fowl, sheep, goats, dogs or other
animals; to authorize the impounding, keeping, sale and redemption
of such animals when found in violation of the ordinance in such cases
provided.
(32)
Markets. To obtain by lease or rent, own, construct,
purchase, operate and maintain public markets within the town.
(33)
Minor privileges. To regulate or prevent the
use of public ways, sidewalks and public places for signs, awnings,
posts, steps, railings, entrances, racks, posting, handbills and advertisements
and display of goods, wares and merchandise.
(34)
Noise. To regulate or prohibit unreasonable
ringing of bells, crying of goods or sounding of whistles and horns.
(35)
Nuisances. To prevent or abate by appropriate
ordinance all nuisances in the town which are so defined at 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. In this connection the town may regulate, prohibit, control
the location of or require the removal from the town of such things
as stockyards, slaughterhouses, cattle or hog pens, broiler houses,
tanneries and renderies. This listing is by way of enumeration, not
limitation.
(36)
Obstructions. To remove all nuisances and obstructions
from the streets, lanes and alleys and from any lots adjoining thereto,
or any other places within the limits of the town.
(37)
Parking facilities. To license and regulate
and to establish, obtain by purchase, by lease or by rent, own, construct,
operate and maintain parking lots for off-street parking.
(38)
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.
(39)
Police force. To establish, operate and maintain
a police force. All town policemen shall, within the town, have the
powers and authority of constables in this state.
(40)
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.
(41)
Property. To acquire by conveyance, purchase
or gift, real or leasehold property for any public purpose; to erect
buildings and structures thereon for the benefit of the town and its
inhabitants; to lease public property to other agencies of government;
and to convey any real or leasehold property when no longer needed
for public use; to control, protect and maintain public buildings,
grounds and property of the town.
C.
Saving clause. The enumeration of powers in this section
is by way of example and not limitation upon the powers of the Commissioners
of Mardela Springs.
[Amended 5-15-2012 by Res. No. 5-2012-3]
The Commissioners shall have power to levy and
collect taxes in the town not exceeding, for general purposes in any
one year, seventy-five cents ($0.75) on each one hundred dollars ($100.)
of assessable property, all of which taxes shall be levied during
the month of July in each and every year. The taxes so levied shall
be due and in arrears on the first day of October succeeding the levy
and shall bear such interest and penalty as the Commissioners shall
by ordinance provide.
The Commissioners shall, during the month of
May in each and every year, levy the taxes authorized to be levied
by law and shall enter upon their records their warrant to the Treasurer
for the collection thereof. Such taxes shall thereupon be collected
as herein provided.
The Commissioners 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 water mains,
sanitary sewer mains, stormwater sewers, curbs and gutters and by
the construction and paving of 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 assessment
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 be reasonably attributed
to the project.
The procedure for special assessments wherever
authorized in this Charter shall be as follows:
A.
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 Commissioners.
B.
The amount assessed against any property for any project
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 percent (25%) of the assessed value
of the property after giving effect to the benefit accruing thereto
from the project or improvement for which assessed.
C.
The Commissioners may divide the affected property
into industrial, commercial, residential and agricultural classes
with each to be charged different rates; but the rate for each class
shall be uniform.
D.
All special assessment charges shall be levied by
the Commissioners by ordinance. Before levying any special assessment
charges, the Commissioners shall hold a public hearing. The President
of the Commissioners shall cause notice to be given stating the nature
and extent of the proposed project, the kind 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 must 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 attorneys, may appear before
the Commissioners and be heard concerning the proposed project and
special assessment. Such notice shall be by sending for each property
to be assessed a copy thereof by mail addressed to the person or persons
to whom the town tax bill is sent at the address shown on the assessment
records of the town and by publication of the notice at least once
in a newspaper of general circulation in the town. The President of
the Commissioners shall cause to be filed among the records of the
town a certificate that notice as herein required has been given,
which certificate shall be deemed proof of notice, but failure of
any addressee to receive the mailed copy shall not invalidate the
proceedings. The date of hearing shall be not less than ten (10) nor
more than twenty (20) days after the notice required herein has been
given. Following the hearing the Commissioners in their discretion
may vote to proceed with the project and may levy the special assessment.
E.
Any interested person feeling aggrieved by the levying
of any special assessment on property in which he has an interest
shall have the right to appeal the special assessment on such property
to the Circuit Court for Wicomico County within ten (10) days after
the levying of the special assessment thereon.
F.
Special assessments may be made payable in annual
or more frequent installments over such period of time and in such
manner as the Commissioners may determine; provided, however, that
no special assessment, except one imposed for payment of a municipal
bond issue, shall exceed ten (10) years.
G.
Rate of Interest. All special assessment installments
shall be overdue sixty (60) days after the date at which they become
due and payable, and shall bear interest when overdue and in arrears
at the rate of one percent (1%) for each month or fraction of a month
until paid. 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.
[Amended 5-15-2012 by Res. No. 5-2012-4]
All moneys received from the levying of special
assessments, including interest on delinquent assessments, shall be
treated as special funds and shall not be expended for any purpose
other than the liquidation of the municipal debt for the payment of
which they were imposed. After the final payment of all debt for any
given project, the surplus, if any, in such fund or account shall
be transferred to the general fund of the Commissioners of Mardela
Springs.
Before the holding of any public hearing on
a special assessment, the Commissioners shall determine what class
rate shall apply to each property proposed to be assessed, what rules
shall apply to corner properties, odd-shaped lots and other situations
or conditions which require special rules to prevent inequities in
assessments in the area to be assessed. The Commissioners are hereby
authorized to make reasonable adjustments and allowances thereafter
in order to prevent the working of undue hardships; but no adjustments
or allowances shall be made which would reduce the total receipts
from any special assessment below the amount needed to pay the portion
of municipal debt for which the assessment was imposed.
The style of all ordinances shall be "Be it
enacted and ordained by the Commissioners of Mardela Springs." All
actions and prosecution for the violations of any rules, ordinances,
regulations shall be instituted in the name of the Commissioners of
Mardela Springs against offending parties, and all fines recovered
in such suits, actions or prosecutions for the breach of any rule,
ordinance or regulation of the Commissioners of Mardela Springs before
the Judge of the People's Court of Wicomico County shall be collected
by the said Judge and paid over to the Commissioners every month,
and in the event of failure of the said Judge to account for any of
said collection, he shall be fined and pay not less than one hundred
dollars ($100.) to be imposed and collected as other fines imposed
by the penal laws of this state.
The Commissioners of Mardela Springs shall have
the power to borrow on the faith and credit of the town from time
to time as may be deemed necessary for the general welfare of the
town and in pursuance of its corporate purposes. The Commissioners
may issue and sell bonds to evidence such borrowing, and such bonds
may be secured by a pledge of the full faith and credit of the town
or of the revenues derived from the particular project, undertaking
or property in connection with which such bonds were authorized and
issued or by a pledge both of the town's full faith and credit and
such revenues.
The Commissioners of Mardela Springs shall be
authorized to issue bonds from time to time in such amounts as they
deem necessary, but at no time shall the amount of bonds issued and
outstanding exceed twenty-five percent (25%) of the assessed valuation
of all property subject to taxation by the Commissioners of Mardela
Springs. Said bonds shall be serial bonds issued upon a serial maturing
plan and in such denominations as shall be determined by the Commissioners;
said bonds may be redeemable before maturity at the option of the
Commissioners at such price and under such terms and conditions as
may be fixed by the Commissioners prior to the issuance of such bonds,
shall bear interest at a rate not exceeding five percent (5%) per
annum, payable semiannually and shall mature in not more than forty
(40) years after date of issue and shall be forever exempt from state,
town and county taxation. They shall be issued under the signature
and seal of the Commissioners. The Commissioners may sell such bonds
in such manner, either at public or private sale, and for such price
as they may determine to be for the best interests of the town of
Mardela Springs, but no such sale shall be made at a price so low
as to require the payment of interest on the money received therefor
at more than five percent (5%) per annum, computed with relation to
the absolute maturity of the bonds in accordance with standard tables
of bond values, excluding, however, from such computation, the amount
of any premium to be paid on the redemption of any bonds prior to
maturity.
The funds or receipts from the sources of income
which are or shall be pledged for the payment of bonds shall be set
aside in a special fund maintained for this purpose only. All receipts
from these sources shall be deposited therein, and no funds shall
be withdrawn therefrom except for payment of principal and interest
on said bonds. In addition the Commissioners may enter into a trust
agreement or trust indenture with any bank or trust company doing
business in Wicomico County, Maryland, and may make in such instrument
such covenants and commitments as may be required by any purchaser
for the adequate security of said bonds.
