[Amended 10-2-2017 by Res. No. 31-17, eff. 11-21-2017]
(a)
Before entering upon the duties of their offices, the mayor, the
council members, the town manager, 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."
(b)
The mayor shall take and subscribe this oath or affirmation before
his predecessor or before the town manager. All other persons taking
and subscribing the oath shall do so before the mayor.
(Mont. Co. Code 1965, § 59-85.)
[Amended 10-2-2017 by Res. No. 32-17, eff. 11-21-2017]
The town manager and such other officers or employees of the
town as the council may require, shall give bond in such amount and
with such surety as the council by resolution may require. The premiums
of such bonds shall be paid by the town. (Mont. Co. Code 1965, § 59-86.)
[Amended 10-2-2017 by Res. No. 33-17, eff. 11-21-2017]
Any publication or general notice required by this Charter or
by State law shall be given in a manner calculated to provide reasonable
notice, in accordance with applicable law. (Mont. Co. Code 1965, § 59-87.)
(a)
Municipal Infractions. Every act or omission which, by ordinance,
resolution, rule, or regulation is made a municipal infraction under
the authority of this Charter, unless otherwise provided, shall be
subject to such civil liabilities as may be authorized by state law.
(b)
Misdemeanors. Every act or omission which, by ordinance, resolution,
rule, or regulation is made a misdemeanor under the authority of this
Charter, unless otherwise provided, shall be punishable upon conviction
by such penalties as may be authorized by state law, in the discretion
of the court. The party aggrieved shall have the right to appeal as
is now provided under the general laws of the State of Maryland. Where
the act or omission is of a continuing nature and is persisted in,
a conviction for one offense shall not be a bar to a conviction for
a continuation of the offense subsequent to the first or any succeeding
conviction.
(Mont. Co. Code 1965, § 59-88; Res. R-3-80, 6-24-1980;
Res. 2-05, 6-22-2005.)
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. (Mont. Co. Code 1965, § 59-89.)
(a)
Neither the adoption of this Charter nor any provision thereof shall
be construed to alter or impair in any respect the continued corporate
status and existence of the Town of Somerset as heretofore established.
(b)
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.
(c)
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 shall be and the same hereby are
repealed to the extent of such conflict.
(Mont. Co. Code 1965, § 59-90.)
This Charter may be amended at any time by any of the methods
and procedures permitted by the laws of the State of Maryland. (Mont.
Co. Code 1965, § 59-91.)
The enumeration of particular powers in this Charter shall not
be held or deemed to be exclusive, and the town shall have such other
powers as are incident to those specifically mentioned or as are a
necessary consequence of the powers mentioned or as are a necessary
consequence of the powers herein conferred. In addition to the powers
enumerated in this Charter, the town shall have all powers, rights
and privileges now or hereafter granted by the Constitution and laws
of the State of Maryland. (Mont. Co. Code 1965, § 59-92.)
If any section or part of 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. (Mont. Co. Code 1965,
§ 59-93.)
