This charter is the municipal corporation charter of the town
of Cottage City, the corporate name of which is town of Cottage City.
The terms "town," "city," "municipality," or "municipal corporation"
in this charter shall be construed as synonymous.
General Corporate Powers
The municipal corporation here established (or continued) under
its corporate name, has all 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.
Corporate Limits
A description of the corporate boundaries of the town at all
times shall be on file with the town clerk or other comparable official
and with the clerk of the court of the county. The corporate boundaries
are as follows: Beginning at the intersection of Bladensburg Road
and the boundary line of the District of Columbia, thence along said
boundary line to the easterly right-of-way line of the Baltimore and
Ohio Railroad, thence along the easterly right-of-way of the Baltimore
and Ohio Railroad to the northwest branch of the eastern branch of
the Anacostia River, thence running along the southerly line of the
northwest branch in a southeasterly direction to the center of the
Washington-Baltimore Boulevard (now known as Bladensburg Road), thence
running southerly along the center line of the Washington-Baltimore
Boulevard (now known as Bladensburg Road) to the point of beginning.
Said town shall be divided into four wards as follows:
First Ward: All that portion of the town lying
west of a line extended along the northeastern side of lot 8 (3813
Cottage Terrace) to the northwestern border of the town, said line
then running southerly along the northeastern side of lot 8 and then
along the rear boundary of lots 8 & 7, then running south along
the alley between 40th Avenue and 38th Avenue, until the rear lot
line of lot 26 (3806 Parkwood), then east along the rear lot line
of lots 26 & 25 (3808 Parkwood), and then southeast along the
easternmost boundary of lot 25, this same line crossing Parkwood and
continuing along the easternmost boundary of lot 8 (3807 Parkwood)
then following the rear lot line of lots 7 & 8 in a westerly direction
until its intersection with the alley between 38th and 40th Avenue
and then southeast along this alley until its intersection with the
southeastern boundary of the town at Bladensburg Road.
Second Ward: All that area enclosed by a line
beginning at the intersection of a line extended along the northeastern
side of lot 8 (3813 Cottage Terrace) and the northwestern border of
the town, said line then running southerly along the side boundary
of lot 8 and then along the rear boundary of lots 8 & 7, then
running south along the alley between 40th Avenue and 38th Avenue,
until the rear lot line of lot 26 (3806 Parkwood), then east along
the rear lot line of lots 26 & 25 (3808 Parkwood), then southeast
along the easternmost boundary of lot 25, this same line crossing
Parkwood and continuing along the easternmost boundary of Lot 8 (3807
Parkwood) then following the rear lot line of lots 7 & 8 in a
westerly direction until its intersection with the alley between 38th
& 40th Avenue and then southeast along the alley until its intersection
with the southeastern boundary of the town at Bladensburg Road, then
running northeast along Bladensburg Road until 41st Avenue, then turning
and running northwest on 41st Avenue until Parkwood Street, then running
northeast on Parkwood Street until its intersection with Bunker Hill
Road then running northwest on Bunker Hill Road until its intersection
with the northwest boundary of the town, and then from there to the
origination point of this line.
Third Ward: All that area east and north of
a line beginning at the southeastern border of the town at Bladensburg
Road and 41st Avenue, running north on 41st Avenue to Parkwood Street,
east on Parkwood Street until its intersection with Bunker Hill Road
then west on Bunker Hill Road for a short distance then turning north
along a line that separates Cottage City Towers from Hamlet Park Town
Homes to the northern boundary of the town.
Fourth Ward: All that area within the boundaries
of the town north and west of a line beginning at the intersection
of the northwest boundary of the town and Bunker Hill Road running
east on Bunker Hill Road, then turning directly north along a line
that runs between Cottage City Towers and the Hamlet Park Town Homes
and intersecting with the northernmost boundary of the town in such
a way that all residences on the northern portion of Cottage Terrace
are north and west of the line. (Res. No. 92-1, 2-27-1992; Res. No.
93-1, 4-1-1993)
The Commission
The corporate powers of said town shall be vested in, and shall
be exercised by, and said town shall be governed by, a commission
to be known as the Cottage City Commission. Said commission shall
be composed of five members, one from each ward, and one to be elected
as commissioner at large, to be known as commissioners. Said commissioners
shall be elected and shall qualify as such commissioners in the manner
hereinafter provided. They shall hold office for a term of two (2)
years or until their successors take office. The regular term of commissioners
shall expire on the second Wednesday of the month in which the election
of their successors occurs. Commissioners holding office at the time
this charter becomes effective shall continue to hold office for the
term for which they were elected and until the succeeding commissioners
take office under the provisions of this charter.
Commissioners shall have resided in the town for at least one
year immediately preceding their election, shall be qualified voters
of the town, shall be at least twenty-five (25) years of age, and
shall not have been convicted of any crime involving moral turpitude.
Each commissioner from a ward must reside in the ward for which elected.
(Res. No. 92-2, 10-1-1992; Res. No. 99-2, 4-1-1999)
Each Commissioner shall receive an annual salary of three thousand
six hundred dollars ($3,600.00) effective after the 2012 Town elections.
The Commissioners may, by ordinance, including a budget ordinance,
increase or decrease this annual salary provided the increase or decrease
for each position shall not be effective until an election has occurred
for such position on the Commission. However, the annual salary may
not be increased to an amount greater than five (5) thousand dollars
($5,000.00) for each Commissioner. (Res. No. 00-1, 7-28-2000; Res.
No. 2011-001, 5-18-2011)
The commission shall meet at 7:00 P.M. on the second Wednesday
of every month. The May meeting shall be for the purpose of organization
as well as for the conduct of regular business. Special or executive
meetings shall be called by the clerk-treasurer upon the request of
the chairman commissioner or of a majority of the members of the commission.
All meetings of the commission shall be open to the public, except
that meetings may be closed according to the standards set forth in
the laws of the State of Maryland. The rules of the commission shall
provide that residents of the town shall have a reasonable opportunity
to be heard at the regular monthly meeting in regard to any municipal
question. (Res. No. 86-4, 11-30-1986; Res. No. 09-01, 8-27-2009)
The commission shall be the judge of the election and qualification
of its members.
(1) Any Commissioners who shall fail to uphold the oath of office, or
commit malfeasance in office, misfeasance in office or nonfeasance
in office or who shall fail to attend without reasonable excuse three
consecutive regular monthly meetings of the Commissioners of the Town
of Cottage City shall be subject to removal from office by the unanimous
vote of the remaining Commissioners after reasonable notice and hearing.
(2) A Commissioner may also be removed from office in accordance with
the following procedure:
A. A petition signed by at least thirty percent (30%) of the registered
voters must be presented to the Commission at a regular town meeting
stating a desire to have the named town official removed from office.
A petition shall contain the name of only one (1) town official. The
registered town voters signing said petition shall sign the same as
their names appear on the town's election books, and under each
signature shall be typed or printed each petitioner's name, address
and ward in which he or she votes in town elections. At the bottom
of each page of the petition, the individual circulating the petition
shall sign the same and make an affidavit before a notary public that
he or she circulated the petition and saw each individual whose names
appear thereon sign the same in his or her presence.
B. The petition shall state specifically the justification for recall
of the Commissioner which shall be for one (1) of the following reasons:
(1)
Failure to uphold the oath of office.
C. Upon receipt of a petition the Commission shall forthwith refer the
petition to the Town Board of Election Supervisors for verification
of the appropriate number of registered voters' signatures, addresses,
and wards. The Board shall return said petition with their written
findings as to required voters, addresses and wards to the Commission
at its next regular meeting; and at their meeting, if the petition
is authenticated, the Commissioners shall announce that within thirty
(30) days a public hearing will be held on the petition.
D. At the hearing on the petition, the remaining Commissioners not named
in the petition will conduct a hearing and allow the Commissioner
named in the petition to answer all the complaints. The remaining
Commissioners may then vote to remove the Commissioner named in the
petition, but only a unanimous vote of the remaining Commissioners
will be effective in removing the Commissioner. (Res. No. 89-2, 6-1-1989)
The commission shall elect a chairman, a vice-chairman, and
a secretary of the commission from among its members. The vice-chairman
shall act as chairman in the absence of the chairman. The secretary-commissioner
shall, within the limits of said town, have the same power and authority
to administer oaths (including oaths of office of the commissioners,
town treasurer, members of the board of election supervisors, and
other town officers) as is possessed by a justice of the peace and
a notary public. Any person who swears falsely before said secretary
commissioner shall be guilty of the crime of perjury and shall be
subject to the penalties provided by the laws of the State of Maryland.
(Res. No. 2016-01, 2-10-2016)
A majority of the members of the commission 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 commission.
The commission 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.
In case of a vacancy on the commission for any reason, the commission
shall select some qualified person to fill the vacancy for the unexpired
term as soon as possible. Vacancies shall be filled by the favorable
votes of a majority of the remaining members of the commission. The
results of any such vote shall be recorded in the minutes of the commission.
In the event that the unexpired term is longer than fourteen months
(counting from the date the vacancy exists), the Commission shall
call a special election as soon as practicable to fill such vacancy.
In the event there are no candidates for such special election, the
Commission may fill the vacancy for the unexpired term as outlined
above. In the event of a regular election occurring in May of 2016
or thereafter having no candidate nominated and placed on the ballot
for a specific ward or at large seat resulting in either a holdover
in office by the incumbent commissioner or a vacancy for any reason,
the commission shall select some qualified person to succeed the holdover
commissioner or fill the vacancy for the unexpired term as outlined
above regarding cases where there are no candidates for a duly called
special election called to fill a vacancy. (Res. No. 2016-03, 6-8-2016)
No ordinance shall be passed at the meeting at which it is introduced.
At any regular or special meeting of the commission 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 provision that an ordinance must be passed not less
than six (6) nor more than sixty (60) days after the meeting at which
it was introduced may be suspended by the affirmative votes of four
members of the commission. Every ordinance, unless it be passed as
an emergency ordinance, or unless the ordinance specifies a longer
period (not to exceed sixty (60) days), shall become effective at
the expiration of twenty calendar days following passage. An emergency
ordinance shall become effective on the date specified in the ordinance.
A fair summary of every ordinance excepting emergency ordinances shall
be published at least once prior to the date of passage in a newspaper
or newspapers having general circulation in the city. A fair summary
of every ordinance, including emergency ordinances, shall be published
at least once within ten days after the date of passage in a newspaper
or newspapers having general circulation in the city. (Ch. Amd. 86-1,
4-3-1986; Ch. Amd. 91-1, 4-4-1991)
If, before the expiration of twenty calendar days following
passage of any ordinance, a petition is filed with the clerk-treasurer
containing the signatures of a majority of the qualified voters of
the town and requesting that the ordinance, or any part thereof, be
submitted to a vote of the qualified voters of the town for their
approval or disapproval, the commission shall have the ordinance,
or the part thereof requested for referendum, submitted to a vote
of the qualified voters of the town at the next regular town election
or, in the commission's discretion, at a special election occurring
before the next regular election. No ordinance, or the part thereof
requested for referendum, shall become effective following the receipt
of such petition until and unless approved at the election by a majority
of the qualified voters voting on the question. An emergency ordinance,
or the part thereof requested for referendum, shall continue in effect
for sixty days following receipt of such petition. If the question
of approval or disapproval of any emergency ordinance, or any part
thereof, has not been submitted to the qualified voters within sixty
days following receipt of the petition, the operation of the ordinance,
or the part thereof requested for referendum, shall be suspended until
approved by a majority of the qualified voters voting on the question
at any election. Any ordinance, or part thereof, disapproved by the
voters, shall stand repealed. The provisions of this section shall
not apply to any ordinance, or part thereof, passed under the authority
of Section 39, levying property taxes for the payment of indebtedness,
but the provisions of this section shall apply to any ordinance or
any part thereof, levying special assessment charges under the provisions
of Subsections [Section] 73. The provisions of this section shall
be self-executing, but the commission may adopt ordinances in furtherance
of these provisions and not in conflict with them.
Ordinances shall be permanently filed by the clerk-treasurer
and shall be kept available for public inspection.
General Powers
(1) General powers. - The commission shall have the
power to pass all such ordinances not contrary to the Constitution
and laws of the State 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; for securing persons and property from violence,
danger or destruction; and for the protection and promotion of the
health, safety, comfort, convenience, welfare, and happiness of the
residents of and visitors in the town.
(2) Specific powers. - The commission shall have, in
addition, the power to pass ordinances not contrary to the laws and
Constitution of this State, for the specific purposes provided in
the remaining subsections of this section.
(3) Advertising. - To provide for advertising for the
purposes of the town, for printing and publishing statements as to
the business of the town.
(4) Aisles and doors. - 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.
(5) Amusements. - To provide in the interest of the
public welfare for licensing, regulating, or restraining theatrical
or other public amusements.
(6) Appropriations. - To appropriate municipal moneys
for any purpose within the powers of the commission.
(7) Auctioneers. - To regulate the sale of all kinds
of property at auction within the town and to license auctioneers.
(8) Band. - To establish a municipal band, symphony
orchestra or other musical organization, and to regulate by ordinance
the conduct and policies thereof.
(9) Billboards. - To license, tax and regulate, restrain
or prohibit the erection or maintenance of billboards, within the
city, 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.
(10) Bridges. - To erect and maintain bridges.
(11) 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 them; 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 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.
(12) Cemeteries. - To regulate or prohibit the interment
of bodies within the municipality and to regulate cemeteries.
(13) Codification of ordinances. - To provide for the
codification of all ordinances.
(14) 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.
(15) 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.
(16) Curfew. - To prohibit the youth of the town from
being in the streets, lanes, alleys, or public places at unreasonable
hours of the night.
(17) Dangerous improvements. - To compel persons about
to undertake dangerous improvements 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 persons or
property.
(18) 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.
(19) Dogs. - To regulate the keeping of dogs in the town
and to provide wherever the county does not license or tax dogs, for
the licensing and taxing of them; to provide for the disposition of
homeless dogs and of dogs on which no license fee or taxes are paid.
(20) Elevators. - To regulate the inspection and licensing
of elevators and to prohibit their use when unsafe or dangerous or
without a license.
(21) Explosives and combustibles. - To regulate or prevent
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.
(22) Filth. - To compel the occupant of any premises,
building, or outhouse situated in the town, if it 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 the
property, making it collectible by taxes or against the occupant or
occupants.
(23) 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.
(24) Fire. - To suppress fires and prevent the dangers
thereof and 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, to issue regulations concerning
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 install and maintain fireplugs
where and as necessary, and to regulate their use; and to take all
other measures necessary to control and prevent fires in the town.
(25) Food. - To inspect and to require the condemnation
of, if unwholesome, and to regulate the sale of, any food products.
(26) Franchises. - To grant and regulate franchises to
water companies, electric light companies, gas companies, telegraph
and telephone companies, transit companies, taxicab companies, and
any others which may be deemed advantageous and beneficial to the
town, subject 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 years.
(27) Garbage. - To prevent the deposit of any unwholesome
substance either on private or public property and to compel its removal
to designated points, or to require the occupants of the premises
to place them conveniently for removal.
(28) 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 funds for any lawful purpose, agreeably
to the conditions under which the gifts or grants were made.
(29) 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 any action or threat of action by
such a licensee in the course of his occupation which causes or threatens
harm or injury to inhabitants of the town or to their welfare or happiness.
(30) 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; 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,
but 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.
(31) House numbers. - To regulate the numbering of houses
and lots and to compel owners to renumber them, or in default thereof
to authorize and require the work to be done by the town at the owner's
expense, such expense to constitute a lien upon the property collectible
as tax moneys.
(32) Jail. - To establish and regulate a station house
or lockup for temporary confinement of violators of the laws and ordinances
of the town or to use the county jail for such purpose.
(33) 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.
(34) Liens. - To provide that any valid charges, taxes
or assessments made against any real property within the town shall
be liens upon the property, to be collected as municipal taxes are
collected.
(35) Lights. - To provide for the lighting of the town.
(36) 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.
(37) Markets. - To obtain by lease or rent, own, construct,
purchase, operate, and maintain public markets within the town.
(38) 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.
(39) Noise. - To regulate or prohibit unreasonable ringing
of bells, crying of goods, or sounding of whistles and horns.
(40) Nuisances. - To prevent or abate by appropriate
ordinance all nuisances in the town which are defined at common law,
by this charter, or by the laws of the State of Maryland, whether
they 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, tanneries,
and renderies. This listing is by way of enumeration, not limitation.
(41) 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.
(42) Parking facilities. - To license and regulate and
to establish, obtain by purchase, by lease or by rent, own, construct,
operate, and maintain parking lots and other facilities for off-street
parking.
(43) Parking meters. - To install parking meters on the
streets and public places of the town in such places as by ordinance
they determine, and by ordinance to prescribe rates and provisions
for the use thereof; but the installation of parking meters on any
street or road maintained by the State Highway Administration must
first be approved by the Administration.
(44) 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.
(45) Police force. - To establish, operate, and maintain
a police force. All town policemen, within the municipality shall
have the powers and authority of constables in this State.
(46) Police powers. - To prohibit, suppress, and punish
within the town all vice, gambling, and games of chance; prostitution
and solicitation therefore 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.
(47) Property. - To acquire by conveyance, purchase,
or gift, real 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.
(48) Quarantine. - To establish quarantine regulations
in the interest of the public health.
(49) 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.
(50) Sidewalks. - To regulate the use of sidewalks and
all structures in, under, or above them; to require the owner or occupant
of premises to keep the sidewalks in front thereof free from snow
or other obstructions; to prescribe hours for cleaning sidewalks.
(51) Sweepings. - To regulate or prevent the throwing
or depositing of sweepings, dust, ashes, offal, garbage, paper, handbills,
dirty liquids, or other unwholesome materials into any public way
or on any public or private property in the town.
(52) Taxicabs. - To license, tax, and regulate public
hackmen, taxicabmen, draymen, drivers, cabmen, porters and expressmen,
and all other persons pursuing like occupations.
(53) Vehicles. - To regulate and license wagons and other
vehicles not subject to the licensing powers of the State of Maryland.
(54) Voting machines. - To purchase, lease, borrow, install,
and maintain voting machines for use in town elections.
(55) Zoning. - To exercise the powers as to planning
and zoning, conferred upon municipal corporations generally in Article
66B of the Annotated Code of Maryland, subject to the limitations
and provisions of said article.
(56) 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.
For the purpose of carrying out the powers granted in this charter,
the commission may pass all necessary ordinances. All the powers of
the town shall be exercised in the manner prescribed by this charter,
or, if the manner be not prescribed, by ordinance.
To ensure the compliance with the ordinances of the town, the
commission shall have the power to provide that a violation shall
be a misdemeanor or a municipal infraction, unless the violation is
declared to be a felony or misdemeanor by state law. The commission
shall have the power to affix penalties for the violation of an ordinance.
The penalty for a misdemeanor shall not exceed a fine of one thousand
dollars ($1,000) per infraction and/or imprisonment for six (6) months.
A penalty for a municipal infraction shall not exceed one thousand
dollars ($1,000) per infraction. The commission may provide that a
judgment or conviction for an offense shall not bar a subsequent enforcement
procedure for a continuation of the same offense. (Res. No. 2016-02,
2-10-2016)
Registration, Nominations and Elections
Every person who (1) is a citizen of the United States, (2)
is at least eighteen years of age, (3) has resided within the corporate
limits of the town for thirty (30) days preceding any town election,
and (4) is registered in accordance with the provisions of this charter,
is a qualified voter of the town. Every qualified voter of the town
is entitled to vote at all town elections. (Ch. Amd. 85-1, 2-28-1985)
There shall be a board of election supervisors, consisting of
five members, one from each ward and one ex officio. The town clerk
shall be the ex officio member and the other four shall be appointed
by the commission on or before the first Monday in March of every
year. The terms of members of the board of election supervisors begin
on the first Monday in March in the year in which they are appointed
and run for one year. Members of the board of election supervisors
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 chairman. Vacancies on the board shall
be filled by the commission for the remainder of the unexpired term.
The members of the board, except the town clerk shall receive such
compensation as the commissioners shall pass by resolution or ordinance.
(Res. No. 89-1, 3-2-1989)
Any member of the board of election supervisors may be removed
for good cause by the commission, if in the judgment of the commission
the member is not properly performing or will not properly perform
the duties of the position. Before removal, the member of the board
of election supervisors to be removed shall be given a written copy
of the charges against him and shall have a public hearing on them
before the commission if he so requests within ten days after receiving
the written copy of the charges.
The board of election supervisors shall be in charge of the
registration of voters, nominations, and all town elections.
The board of election supervisors 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 and by posting a notice thereof in some public place or places
in the town.
The Board of election supervisors shall conduct registration
of qualified persons not registered to vote, by receiving applications
for voter registration during regular business hours at the town offices.
Registration shall be permanent, and no person is entitled to vote
in town elections unless he is registered. Registration may also be
made by becoming a registered voter of Prince George's County
so long as all other qualifications in Section 21 are met. Voter registration
books shall be closed thirty (30) days in advance of any election
day and shall remain closed until after the election. The Board of
election supervisors shall keep a list of those registered only for
town elections. The board of election supervisors shall keep the registration
list up to date by striking from the list of eligible voters the names
of any person who has not voted during any of the preceding five years,
or such persons who have ceased, for a period of not less than 30
days, to be bona fide residents of the town, or such persons who are
deceased. But except in the case of persons who have not voted during
any of the preceding five (5) years, no name of any registered person
shall be stricken from such record or list of eligible voters unless
(1) there shall be filed with said board of election supervisors a
statement sworn to by a [at] least one registered voter to the effect
that the person, whose name is to be stricken off, is dead or for
a period of not less than 30 days has not been a bona fide resident
of said town and (2) a notice of the intention of said board to strike
off such name shall have been posted at the regular meeting place
of The Cottage City Commission for at least two weeks before such
name is stricken off or mailed to the last known address of the person
in question at least two weeks before such name is stricken. In the
case of persons who have not voted during any of the preceding five
(5) years, the above sworn statement that said person or persons has
not voted for the required period should be signed by one of the board
of election supervisors or a person designated by the Commission and
the above notice should be posted and mailed. If at any time before
this name is stricken off, such person shall present himself to any
member of said board, and take oath that he still is a bona fide resident
of said town his name shall not be stricken off. Any person who so
swears that he is such bona fide resident when in truth he is not
such bona fide resident shall be guilty of the crime of perjury, and
subject to the penalties provided by the law of the State of Maryland.
Any person whose name has been stricken off the list of eligible voters
shall not be permitted to vote unless and until he shall again register
at the next regular registration. The commission, by ordinance, shall
adopt and enforce any provisions necessary to establish and maintain
a system of permanent registration and provide for a reregistration
when necessary. (Ch. Amd. 85-2, 2-28-1985; Res. No. 86-2, 4-3-1986;
Res. No. 86-5, 1-29-1987; Res. No. 88-1, 2-2-1989; Res. No. 93-2,
6-3-1993)
If any person is aggrieved by the action of the board of election
supervisors in refusing to register or in striking off the name of
any person, or by any other action, he may appeal to the commission.
Any decision or action of the commission upon such appeals may be
appealed to the circuit court for the county within the time allowed
for such appeals.
Persons may be nominated for elective office in the town by
filing a certificate of nomination at the office of the board of election
supervisors at least thirty (30) days before a town election. 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.
The certificate of nomination shall state the ward for which election
is sought, or that the nominee shall run at large. The certificate
of nomination shall also recite that the nominee is qualified in accordance
with Section 7 hereof. The certificate shall be signed by the nominee
and also by at least five registered voters of the ward from which
the nominee seeks election, or from anywhere in the town if the nominee
seeks election as the at large commissioner. The signature of the
nominee shall be under oath, both as to the fact of his eligibility
and as to the genuineness of the other signatures on the certificate.
Annually, on the first Monday in May, if not a legal holiday,
and if a legal holiday then on the day following, said board of election
supervisors shall conduct an election by ballot for the election of
commissioners for those seats becoming vacant. In even-numbered years
the seats from wards 2, 3 and 4 become vacant, and in odd-numbered
years the seats from ward 1 and the commissioner at large become vacant.
The ballots 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 form of ballot shall be reviewed for form and legal sufficiency
by the Town Attorney. Said election shall be held at the regular meeting
place of the Cottage City Commission and the polls shall be open and
the ballots cast between the hours of 2 o'clock, p.m., and 8
o'clock, p.m. At such election each registered voter shall be
allowed to vote for a candidate from each of the four wards and for
a candidate for commissioner at large. (Res. No. 92-3, 10-29-1992;
Res. No. 99-1, 4-1-1999)
All special town elections shall be conducted by the board of
election supervisors in the same manner and with the same personnel,
as far as practicable, as regular town elections.
After the polls are closed on the night of the election, the
board of election supervisors shall count the votes and the candidate
from each ward who shall have received the greatest number of the
votes cast shall be deemed to be the elected commissioner from such
ward, and the at large candidate who shall have received the greatest
number of the votes cast for the at large candidate shall be deemed
to be the commissioner elected at large. In counting the votes, no
ballot shall be rejected because the voter casting same shall have
voted for only one candidate, nor shall a ballot be rejected because
of the manner it was filled out unless the markings on the ballot
cast doubt on who the voter wished to vote for. No write-in votes
shall be counted.
All ballots used in any town election shall be preserved for
at least one year from the date of the election.
The commission has the power to provide by ordinance 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.
Any person who wilfully or corruptly does anything which will
or will tend to affect fraudulently any registration, nomination or
town election, is guilty of a misdemeanor. Any officer or employee
of the town government who is convicted of a misdemeanor under the
provisions of this section shall immediately upon conviction thereof
cease to hold such office or employment.
Finance
There shall be a clerk-treasurer who shall be appointed by the
commissioners based on the applicant's qualifications to perform
the duties and responsibilities of the clerk-treasurer position. Compensation
of the clerk-treasurer shall be determined by the commission. For
the period of one (1) year from the date of his or her initial appointment,
the clerk-treasurer shall be a probationary employee of the town and
may be discharged at the pleasure of the commission. After the above
one (1) year probationary period, the clerk-treasurer may be dismissed
from his or her office only for cause and after he or she has been
afforded a reasonable opportunity for a hearing before the commission,
which hearing shall be in the nature of a personnel hearing. Any dismissal
for cause of the clerk-treasurer shall require the affirmative vote
of the majority plus one (1) of the commissioners then in office.
If the number of commissioners then in office is three (3) or less,
there must be at least three (3) votes for dismissal for such to be
effective. 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 commission. (Res. No. 96-1, 4-4-1996)
Under the supervision of the commissioners, the clerk-treasurer
shall have authority and shall be required to:
(1) Assist the commissioners in preparing an annual budget.
(2) Supervise and be responsible for the disbursement of all moneys.
(3) Maintain a general accounting system for the town in such form as
the commission may require, not contrary to State law.
(4) Submit monthly financial reports and such other financial reports
as the commission may require.
(5) Ascertain that all taxable property within the town is assessed for
taxation.
(6) Collect 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, 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 commission may require or as may be required elsewhere
in this charter.
The clerk-treasurer shall provide a bond with such corporate
surety and in such amount as the commission by ordinance may require.
The town shall operate on an annual budget. The fiscal year
of the town shall begin on the first day of July in any year and shall
end on the last day of June in the following year. The fiscal year
constitutes the tax year, the budget year and the accounting year.
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. Before
adopting the budget the commission shall hold a public hearing thereon
after two weeks' notice thereof in some newspaper or newspapers
having general circulation within the municipality. The commission
may insert new items or may increase or decrease the items of the
budget. If the commission increases the total proposed expenditures
it shall also increase the total anticipated revenues in an amount
at least equal to the total proposed expenditures. The budget shall
be prepared and adopted in the form of an ordinance.
No public money may be expended without having been appropriated
by the commission. 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.
Any transfer of funds between major appropriations for different
purposes must be approved by the commission before becoming effective.
No officer or employee during any budget year may 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 expenditure pursuant to this charter.
Any contract, verbal or written, made in violation of this charter
is null and void. Nothing in this section contained, however, prevents
the making of contracts or the spending of money for capital improvements
nor the making of contracts of lease or for services for a period
exceeding the budget year in which the contract is made, when the
contract is permitted by law.
All appropriations lapse at the end of the budget year to the
extent that they are not 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.
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 chairman commissioner and the secretary
commissioner, except that if either of those two commissioners is
unavailable any other commissioner can counter-sign.
All real property and all tangible personal property within
the corporate limits of the town, or personal property which may have
a situs there is subject to taxation for municipal purposes, and the
assessment used shall be the same as that for State and county taxes.
Authority is given by this section to impose taxes only on property
over which the Maryland Constitution or any act of the General Assembly
grants taxing authority to the Town of Cottage City or to any municipality
in the State of Maryland. The City shall tax sixty-six and two-thirds
(66 2/3%) percent of the total assessment of personal property
used in manufacturing as the terms are defined in the Maryland Code.
(Res. No. 06-1, 8-3-2006; Res. No. 06-2, 2-1-2007)
From the effective date of the budget, the amount stated therein
as the amount to be raised by the property tax constitutes a determination
of the amount of the tax levy in the corresponding tax year.
Immediately after the levy is made by the commission 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. He shall make out and mail or deliver in person to each taxpayer
or his agent at his last known address a bill or account of the taxes
due from him. This bill or account shall contain a statement of the
amount of real and personal property with which the taxpayer is assessed,
the rate of taxation, the amount of taxes due, and the date on which
the taxes will bear interest. Failure to give or receive any notice
required by this section shall not relieve any taxpayer of the responsibility
to pay on the dates established by this charter all taxes levied on
his property.
The taxes provided for in Section 46 of this charter are due
and payable on the first day of July in the year for which they are
levied and are overdue and in arrears on the first day of the following
October. They shall bear interest and penalties in the same amounts
as provided by Prince George's County for its taxes in arrears.
All taxes not paid and in arrears after the first day of the following
January shall be collected as provided in Section 49.
A list of all property on which the town taxes have not been
paid and which are in arrears as provided by Section 48 of this charter
shall be turned over by the clerk-treasurer to the official of the
county responsible for the sale of tax-delinquent property as provided
in State law. All property listed thereon, if necessary, shall be
sold for taxes by this county official in the manner prescribed by
State law.
All fees received by an officer or employee of the town government
in his official capacity shall belong to the town government and be
accounted for to the town.
The financial books and accounts of the town shall be audited
annually as required by Section 40 of Article 19 of the Annotated
Code of Maryland (1957 Edition, as amended).
The town may borrow in anticipation of the collection of the
property tax and may issue tax anticipation notes or other evidences
of indebtedness as evidence of such borrowing. Such tax anticipation
notes or other evidences of indebtedness shall be a lien upon the
proceeds of such tax and shall mature and be paid not later than eighteen
months after the date they are issued. No tax anticipation notes or
other evidences of indebtedness shall be issued which will cause the
total tax anticipation indebtedness of the town to exceed fifty per
centum (50%) of the property tax levy for the fiscal year in which
the notes or other evidences of indebtedness are issued. All tax anticipation
notes or other evidences of indebtedness shall be authorized by ordinance
before being issued. The commission shall have the power to regulate
all matters concerning the issuance and sale of tax anticipation notes.
(Res. No. 86-3, 8-28-1986)
The city shall have the power to borrow money for any proper
public purpose and to evidence such borrowing by the issue and sale
of its general obligation bonds in the manner prescribed in sections
31 to 37, both inclusive, of Article 23A of the Annotated Code of
the Public General Laws of Maryland, 1957 Edition, as amended, title
"Municipal Corporations," subtitle "Creation of Municipal Public Debt."
(Ch. Amended 85-3, 4-4-1985)
The power and obligation of the town to pay any and all 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. 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 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.
All bonds, notes, or other evidences of indebtedness validly
issued by the town previous to the effective date of this charter
and all ordinances passed concerning them are hereby declared to be
valid, legal, and binding and of full force and effect as if herein
fully set forth.
All purchases and contracts for the town government shall be
made by the commission. The commission may provide by ordinance for
rules and regulations regarding the use of competitive bidding and
contracts for all town purchases and contracts. All expenditures for
supplies, materials, equipment, construction of public improvements,
or contractual service involving more than ten thousand dollars ($10,000)
shall be made on written contract. The town manager shall advertise
for sealed bids, in such manner as may be prescribed by ordinance,
for all such written contracts. The written contracts shall be awarded
to the bidder who offers the lowest or best bid, quality of goods
and work, time of delivery or completion, and responsibility of bidders
being considered. All such written contracts shall be approved by
the commission before becoming effective. The commission may reject
all bids and readvertise. The town at any time in its discretion may
employ its own forces for the construction or reconstruction of public
improvements without advertising for (or readvertising for) or receiving
bids. All written contracts may be protected by such bonds, penalties,
and conditions as the town may require. For good cause shown, the
commission may waive the requirements for bidding. (Ch. Amd. 90-1,
4-5-1990; Res. No. 2018-01, 4-11-2018)
Personnel
(A) The commission shall appoint a town manager who shall serve at the pleasure of the commission, except as otherwise stated in Subsection
D of this section. The compensation of the town manager shall be determined by the commission.
(B) Under the supervision of the commission, the town manager shall have
authority and shall:
(1) Serve as the chief administrative officer and be responsible for
the day to day operations of the town government and administrative
supervision over all employees.
(2) Serve as the personnel officer of the town and, in this capacity,
formulate personnel policy, rules and regulations to be approved by
the commission.
(3) Recommend department heads for appointment or removal by the commission.
(4) Recommend subordinate officers and employees for employment or removal
by the commission.
(5) Inform the commission of any change in the status of all employees
and may make recommendations as he or she feels necessary to implement
the personnel system and assist the commission with administering
the budget.
(6) Assist the commission in the enforcement of all terms, requirements
and conditions imposed by or in favor of the town in any contract,
permit or franchise, and upon knowledge of any violation or breach
thereof, report the same to the commission for such action and proceedings
as may be necessary to enforce the same.
(7) Attend commission meetings, make recommendations and take part in
the discussion.
(8) Perform such other duties and functions as may be directed by written
resolution, ordinance, or as otherwise required by the commission,
not inconsistent with this charter.
(C) In addition to the duties, responsibilities and authority delegated
in this section, the office of the town manager may include any or
all of the duties, authority and responsibilities of the clerk-treasurer
provided such appointment, division of duties or accounting of responsibilities
is made pursuant to ordinance, and the manager has a bachelor's
degree with a minimum of two years municipal experience. Notwithstanding
Section 36 of this charter, should the commission choose to appoint
a town manager as provided herein while electing to maintain the appointment
of a separate official to occupy the office of clerk-treasurer, the
commission may further delegate its authority to supervise the clerk-treasurer
and to exercise any of the financial powers of the town to the town
manager pursuant to ordinance.
(D) Should the offices be expressly combined and the Town Manager assume
all of the duties of the clerk-treasurer as described in this section
and Section 36 of this Charter, said manager shall be entitled to
the same authority, probationary period and protections from discharge
without sufficient cause afforded the clerk-treasurer as stated in
Section 35 of this charter. In the event the commission elects to
appoint or maintain in office a separate official to serve as clerk-treasurer,
but nonetheless enacts or grants to the Town Manager a term of office
rather than requiring him or her to serve at the pleasure of the commission,
such grant or enactment is only effective and binding if four affirmative
votes are cast for such an enactment or grant. Nothing in this section
shall be construed to prevent the commission from entering into a
valid employment contract, provided said contract does not conflict
with this charter.
(E) The clerk-treasurer shall serve as clerk to the commission, unless
the duties of clerk are delegated to another official by ordinance
or written resolution. The clerk to the commission shall attend every
meeting of the commission and keep a full and accurate account of
the proceedings of the commission. He or she shall have charge of
the town seal and all property, records, books, papers and other things
of said town and keep such other records and perform such other duties
as may be required by this charter or the commission. (Res. No. 2016-01,
2-10-2016)
The commission may appoint a town attorney. The town attorney
shall be a member of the bar of the Maryland Court of Appeals. The
town attorney is the legal adviser of the town and shall perform such
duties in this connection as may be required by the commission. His
compensation shall be determined by the commission. The town has the
power to employ such legal consultants as it deems necessary from
time to time.
The town may 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.
The town may provide by ordinance for appointments and promotions
in the administrative service on the basis of merit and fitness. To
carry out this purpose the council may adopt such rules and regulations
governing the operation of a merit system as it deems desirable or
necessary. Among other things these rules and regulations may provide
for competitive examinations, the use of eligible lists, a classification
plan, a compensation plan, a probation period, appeals by employees
included within the classified service from dismissal or disciplinary
action, and vacation and sick leave regulations. The town may request
and avail itself of the facilities of the Commissioner of State Personnel
for the administration of its merit system, as provided in State law.
(a) Civil service divided into unclassified and classified service. - The civil service of the town shall be divided into the unclassified
and classified service.
(b) Unclassified service. - The unclassified service
shall comprise the following offices and positions, which shall not
be included within the merit system:
(2) The clerk-treasurer, town manager and the town attorney. (Res. No.
2016-01, 2-10-2016)
(3) The heads of all offices, departments, and agencies and members of
the town boards and commissions.
(4) Part-time, temporary, and unpaid offices and positions.
(c) Classified service. - The classified service shall
comprise all positions not specifically included by this section in
the unclassified service. All offices and positions included in the
classified service shall be subject to any merit system rules and
regulations which may be adopted.
(a) Prohibitions. - If a merit system is adopted, no
person in the classified service of the town or seeking admission
thereto shall be appointed, promoted, demoted, removed, or in any
way favored or discriminated against because of his political or religious
opinions or affiliations or any other factors not related to ability
to perform the work; no person shall wilfully or corruptly commit
or attempt to commit any fraud preventing the impartial execution
of the personnel provisions of this charter or of the rules and regulations
made thereunder; no officer or employee in the classified service
of the town shall continue in such position after becoming a candidate
for nomination or election to any public office; no person seeking
appointment to or promotion in the classified service of the town
shall either directly or indirectly give, render, or pay any money,
service, or other valuable thing to any person for or on account of
or in connection with his appointment, proposed appointment, promotion,
or proposed promotion; no person shall orally, by letter or otherwise,
solicit or be in any manner concerned in soliciting any assessment,
subscription, or contribution for any political party or political
purpose whatever from any person holding a position in the classified
service of the town; no person holding a position in the classified
service of the town shall make any contribution to the campaign funds
of any political party or any candidate for public office or take
any part in the management, affairs, or political campaign of any
political party or candidate for public office, further than in the
exercise of his right as a citizen to express his opinion and to cast
his vote.
(b) Penalties. - Any person who by himself or with others
wilfully or corruptly violates any of the provisions of this section
is guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine of not more than one hundred dollars ($100.00),
or by imprisonment for a term not exceeding thirty days, or by both
such fine and imprisonment. Any person who is convicted under this
section for a period of five years is ineligible for appointment to
or employment in a position in the town service, and, if he be an
officer or employee of the town, shall immediately forfeit the office
or position he holds.
The town may do all things necessary to include its officers
and employees, or any of them, within any retirement system or pension
system under the terms of which they are admissible, and to pay the
employer's share of the cost of any such retirement or pension
system out of the general funds of the town.
The compensation of all employees of the town shall be set from
time to time by a resolution or ordinance passed by the commission.
The town by ordinance may provide for or participate in hospitalization
or other forms of benefit or welfare programs for its officers and
employees, and may expend public moneys of the town for such programs.
Public Ways and Sidewalks
The term "public ways" as used in this charter includes all
streets, avenues, roads, highways, public thoroughfares, lanes, and
alleys.
The town has control of all public ways in the town except those
that are under the jurisdiction of the State Highway Administration.
Subject to the laws of the State of Maryland and this charter, the
town may do whatever it deems necessary to establish, operate, and
maintain in good condition the public ways of the town.
The town may:
(1) Establish, regulate, and change from time to time the grade lines,
width, and construction materials of any town public way or part thereof,
bridges, curbs, and gutters.
(2) Grade, lay out, construct, open, extend, and make new town public
ways.
(3) Grade, straighten, widen, alter, improve, or close up any existing
town public way or part thereof.
(4) Pave, surface, repave, or resurface any town public way or part thereof.
(5) Install, construct, reconstruct, repair, and maintain curbs and/or
gutters along any town public way or part thereof.
(6) Construct, reconstruct, maintain, and repair bridges.
(8) Have surveys, plans, specifications, and estimates made for any of
the above activities or projects or parts thereof.
The town may:
(1) Establish, regulate, and change from time to time the grade lines,
width, and construction materials of any sidewalk or part thereof
on town property along any public way or part thereof.
(2) Grade, lay out, construct, reconstruct, pave, repave, repair, extend,
or otherwise alter sidewalks on town property along any public way
or part thereof.
(3) Require that the owners of any property abutting on a sidewalk keep
the sidewalk clear of all ice, snow, and other obstructions.
(4) Require and order the owner of any property abutting on any public
way in the town to perform any projects 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.
Water and Sewers
The town may:
(1) Construct, operate, and maintain a storm water drainage system and
storm water sewers.
(2) Construct, maintain, reconstruct, enlarge, alter, repair, improve,
or dispose of all parts, installations, and structures of the above
plants and systems.
(3) Have surveys, plans, specifications, and estimates made for any of
the above plants and systems or parts thereof or the extension thereof.
(4) Do all things it deems necessary for the efficient operation and
maintenance of the above plants and systems.
Any public service corporation, company, or individual, before
beginning any construction of or placing of or changing the location
of any main, conduit, pipe, or other structure in the public ways
of the town, shall submit plans to the town and obtain written approval
upon such conditions and subject to such limitations as may be imposed
by the town. Any public service corporation, company, or individual
violating the provisions of this section is guilty of a misdemeanor.
If any unauthorized main, conduit, pipe, or other structure interferes
with the operation of the water, sewerage, or storm water systems,
the town may order it removed.
All individuals, firms, or corporations having mains, pipes,
conduits, or other structures, in, on, or over any public way in the
town or the county which impede the establishment, constructions,
or operation of any town sewer or water main, upon reasonable notice,
shall remove or adjust the obstructions at their own expense to the
satisfaction of the town. If necessary to carry out the provisions
of this section, the town may use its condemnation powers provided
in Section 76. Any violation of an ordinance passed under the provisions
of this section may be made a misdemeanor.
The town may enter upon or do construction in, on, or over any
county public way for the purpose of installing or repairing any equipment
or doing any other things necessary to establish, operate, and maintain
the water system, water plant, sanitary sewerage system, sewage treatment
plant, or storm water sewers provided for in this charter. Unless
required by the county, the town need not obtain any permit or pay
any charge for these operations, but it must notify the county of
its intent to enter on the public way and must leave the public way
in a condition not inferior to that existing before.
Special Assessments
The town may levy and collect taxes in the form of special assessments
upon property in a limited and determinable area for special benefits
conferred upon the property by the installation or construction, of
water mains, sanitary sewer mains, storm water sewers, curbs, and
gutters and by the construction, and paving of public ways and sidewalks
or parts thereof, and it may provide for the payment of all or any
part of the above projects out of the proceeds of the 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.
(a) Provided. - The procedure for special assessments,
wherever authorized in this charter, is as provided in this section.
(b) Assessment of cost. - The cost of the project being
charged for shall be assessed according to the front rule of apportionment
or some other equitable basis determined by the commission.
(c) Amount. - 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 causes 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 (25%)
of the assessed value of the property for which assessed.
(d) Uniformity of rates. - 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.
(e) Levy of charges; public hearing; notice. - All special
assessment charges shall be levied by the commission by ordinance.
Before levying any special assessment charges, the commission shall
hold a public hearing. The clerk-treasurer 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 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 commission and
be heard concerning the proposed project 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 and
by publication of a copy of the notice at least once in a newspaper
of general circulation in the town. The clerk-treasurer shall present
at the hearing a certificate of publication and 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
publication and service of notice as provided in this section. Following
the hearing the commission, in its discretion, may vote to proceed
with the project, and may levy the special assessment.
(f) Right to appeal. - Any interested person feeling
aggrieved by the levying of any special assessment under the provisions
of this section shall have the right to appeal to the circuit court
for the county within ten days after the levying of any assessment
by the commission.
(g) Payments; interest. - 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 commission
may determine. The commission shall determine on what date installments
shall be due and payable. Interest may be charged on installments
at the rate to be determined by the commission.
(h) When due; lien of property; collection. - All special
assessment installments are overdue six months after the date on which
they became due and payable. All special assessments shall be collected
in the same manner as town taxes or by suit at law.
(i) Clerk-treasurer. - All special assessments shall
be billed and collected by the clerk-treasurer.
Town Property
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 the 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.
The town may 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 is a public purpose.
The manner of procedure in case of any condemnation proceeding shall
be that established in Title 12 of the Real Property Article of the
Code.
The town may acquire, obtain by lease or rent, purchase, construct,
operate, and maintain all buildings and structures it deems necessary
for the operation of the town government.
The town may do whatever may be necessary to protect town property
and to keep all town property in good condition.
General Provisions
(1) Oath required. - Before entering upon the duties
of their offices, the commission, the clerk-treasurer, the members
of the board of election supervisors, and all other persons elected
or appointed to any office of profit or trust in the town government
shall take and subscribe to 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 the
Town of Cottage City, 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
and the Town of Cottage City." (Res. No. 89-3, 6-29-1989)
(2) Before whom taken and subscribed. - The commission
shall take and subscribe to this oath or affirmation before the clerk
of the circuit court for the county or before one of the sworn deputies
of the clerk, or before the retiring chairman commissioner or before
any person authorized by law to administer oaths in said county. All
other persons taking and subscribing to the oath shall do so before
the chairman commissioner.
The clerk-treasurer and such other officers or employees of
the town as the commission or this charter may require, shall give
bond in such amount and with such surety as may be required by the
commission. The premiums on such bonds shall be paid by the town.
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 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.
Every act or omission which by ordinance is made a misdemeanor
or municipal infraction under the authority of this charter, unless
otherwise provided shall be punishable as provided by the ordinance.
The defendant shall have the right to appeal as provided by state
law or ordinance. (Res. No. 2016-02, 2-10-2016)
(a) Ordinances, etc. not in conflict with charter remain in effect. - 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.
(b) Ordinances, etc. in conflict with charter repealed. - 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.
If any section or part of section of this charter is held invalid
by a court of competent jurisdiction, this holding shall not affect
the remainder of this charter or the context in which such section
or part of section so held invalid appears, 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.