This charter is the municipal corporation charter of the Town
of Hancock, Maryland, the corporate name of which is The Town of Hancock.
(a) The terms "town," "city," "municipality," or "municipal corporation"
in this charter shall be construed as synonymous.
(b) Whenever the male gender is used, the provisions of that section
shall apply equally to the female gender.
(c) Whenever the term "town manager," "manager," or "clerk-treasurer"
is used, the terms shall be considered synonymous if the council has
delegated the clerk-treasurer's duties to the town manager pursuant
to the provisions of this Charter.
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 may pass and adopt
all ordinances, resolutions, or by-laws necessary or proper to exercise
the powers granted herein or under the laws of the State of Maryland
and Constitution thereof.
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 Circuit Court of Washington County, Maryland
and the Department of Legislative Reference, and is incorporated herein
and made a part hereof by reference (appendix).
All legislative powers of the town are vested in a council consisting
of the Mayor and four council members who shall be elected as hereinafter
provided. The Mayor shall hold office for a term of two years or until
a succeeding Mayor takes office and the council members shall hold
office for a term of four years or until the succeeding council takes
office. The regular term of council members shall expire on the second
Monday following the election of their successors. Council members
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 council takes office under the provisions of this charter.
Council members shall have resided in the town for at least
one year immediately preceding their election and shall be qualified
voters of the town.
Each council member shall receive an annual salary which shall
be equal for all council members and shall be as specified from time
to time by an ordinance passed by the council in the regular course
of its business; provided, however, that the salary specified at the
time any council takes office shall not be changed during the period
for which that council was elected. The ordinance making any change
in the salary paid to the several council members, either by way of
increase or decrease, shall be finally ordained prior to the municipal
election for the members of the next succeeding council and shall
take effect only as to the members of the next succeeding council.
The newly elected council shall meet at 7:00 p.m. on the second
Monday following its election for the purpose of organization, after
which the council shall meet regularly at such times as may be prescribed
by its rules, but not less frequently than once each month. Special
meetings shall be called by the clerk-treasurer upon the request of
the mayor or a majority of the members of the council. All meetings
of the council shall be open to the public, and the rules of the council
shall provide that residents of the town shall have a reasonable opportunity
to be heard at any meeting in regard to any municipal question. The
mayor and council shall have the right to close its meetings to the
public for the purposes set forth in the Annotated Code of Maryland,
State Government Article, § 10-501, et. seq. as it now exists
and as may be amended from time to time. Applicable state laws shall
control and regulate any closed meeting which may be held by the mayor
and council. (Amended Resolution #1, 5/30/96, recorded in Liber 5,
folio 936.)
The council shall be the judge of the election and qualification
of its members.
The Mayor shall serve as president of the council. The mayor
may take part in all discussions, and the Mayor shall have the right
to vote. In the absence of the mayor, the council shall elect a councilmember
to serve as interim president.
A majority of the members of the council shall constitute a
quorum for the transaction of business, but no ordinance shall be
approved nor any other action taken without the favorable votes of
a majority of the whole number of members elected to the council,
The council shall determine its own rules and order of business.
It shall keep a journal of its proceedings and enter therein the yeas
and nays upon 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.
Vacancies in the council shall be filled as provided in § 37
of this charter.
No ordinance shall be passed at the meeting at which it is introduced.
At any regular or special meeting of the council held not less than
six nor more than sixty days after the meeting at which an ordinance
was introduced, it shall be passed, or passed as amended, or rejected,
or its consideration deferred to some specified future date. In cases
of emergency the provision that an ordinance may not be passed at
the meeting at which it is introduced may be suspended by the affirmative
votes of four members of the council. Every ordinance, unless it be
passed as an emergency ordinance, shall become effective at the expiration
of twenty calendar days following the date of passage by the council.
A fair summary of each ordinance shall be published at least once
in a newspaper or newspapers having general circulation in the municipality.
An emergency ordinance shall become effective on the date specified
in the ordinance.
If, before the expiration of twenty calendar days following
the approval of any ordinance, a petition is filed with the clerk-treasurer
containing the signatures of not less than thirty per cent (30%) 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 council shall have
the ordinance, or the part thereof requested for the referendum, submitted
to a vote of the qualified voters of the town at the next regular
town election or, in the discretion of the council, 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, then 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 § 56, 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 §§ 84 and 85. The provisions
of this section shall be self-executing, but the council may adopt
ordinances in furtherance of these provisions and not in conflict
with them.
Ordinances shall be permanently filed by the town manager/clerk-treasurer
and shall be kept available for public inspection in accordance with
the Annotated Code of Maryland.
The mayor shall be elected as hereinafter provided and shall
hold office for a term of two years or until the mayor's successor
is elected and qualified. The newly elected mayor shall take office
on the second Monday following the mayor's election. The mayor
holding office at the time this charter becomes effective shall continue
to hold office for the term for which elected and until said successor
takes office under the provisions of this charter, or until termination
by operation of law.
The mayor must have resided in the town for at least one year
immediately preceding the date of the election for a mayor and must
be a qualified voter of the town.
The mayor shall receive an annual salary as set from time to
time by an ordinance passed by the council in the regular course of
business. No change shall be made in the salary for any mayor during
the term for which the mayor was elected. The ordinance making any
change in the salary paid to the mayor, either by way of increase
or decrease, shall be finally ordained prior to the municipal election
to elect the next succeeding mayor, and shall take effect only as
to the next succeeding mayor.
(a) Generally. — The mayor shall see that the ordinances of the
town are faithfully executed and shall be the chief executive officer
and the head of the administrative branch of the town government.
(b) Appointments and removal of employees and heads of offices, departments
and agencies. — The mayor, with the approval of the council,
shall appoint the heads of all offices, departments, and agencies
of the town government as established by this charter or by ordinance.
All office, department, and agency heads shall serve at the pleasure
of the mayor, except as may be otherwise provided by the provisions
of this Charter or Ordinance. All subordinate officers and employees
of the offices, departments, and agencies of the town government shall
be appointed and removed by the mayor, in accordance with rules and
regulations in any merit system which may be adopted by the council.
(c) Reports and recommendations to council. — The mayor each year
shall report to the council the condition of municipal affairs and
make such recommendations as the mayor deems proper for the public
good and the welfare of the town.
(d) Supervision of financial administration of government. — The
mayor shall have complete supervision of the financial administration
of the town government. The mayor shall prepare or have prepared annually
a budget and submit it to the council. The mayor shall supervise the
administration of the budget as adopted by the council. The mayor
shall supervise the distribution of all moneys and have control over
all expenditures to assure that budget appropriations are not exceeded.
(e) Other powers and duties. — The mayor shall have such other
powers and perform such other duties as may be prescribed by this
charter or as may be required of the mayor by the council, not inconsistent
with this Charter.
(1) General powers. — The council shall have the power to enact
such ordinances authorized by and 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.
The council shall have all of the powers, privileges, immunities,
duties and obligations as set forth in Article 23A of the Annotated
Code of Maryland, the Constitution of the State of Maryland, and all
other applicable laws or regulations of the State of Maryland as are
now in force or may be amended from time to time.
(2) Specific powers. — The council shall have, in addition, but
not limited thereto, the power to pass ordinances not contrary to
the laws and Constitution of the State of Maryland for all those specific
purposes set forth in Article 23A, Section 2 of the Annotated Code
of Maryland, and any other provisions of the public general laws of
the State of Maryland that may be applicable, and subject to any provisions
to the contrary set forth in this Charter.
(3) Saving clause. — The enumeration of any powers in this section
is not to be construed as limiting the powers of the town to the several
subjects mentioned. The Mayor and council shall exercise all those
powers in addition to those enumerated and granted by the Constitution
and the laws of the State of Maryland or its Charter.
For the purpose of carrying out the powers granted in this charter,
the council may pass all necessary ordinances and/or resolutions.
All the powers of the town shall be exercised in the manner prescribed
by this charter, or, if the manner be not prescribed, then in such
manner as may be prescribed by ordinance or the laws of the State
of Maryland.
To insure the observance of the ordinances and resolutions of
the town, the council as the legislative body shall have the power
to provide that violations of ordinances and resolutions shall be
punishable as misdemeanors or constitute a municipal infraction as
provided in Article 23A of the Annotated Code of Maryland, and/or
any other applicable statutory provisions, as now prescribed by such
statutory provisions or as may be amended from time to time.
REGISTRATION, NOMINATION, AND ELECTION
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Every person who (a) is a citizen of the United States, (b)
is at least eighteen (18) years of age, (c) has been a resident of
the State of Maryland for at least thirty (30) days next preceding
any town election, (d) is a bona fide resident within the corporate
limits of the town of Hancock for thirty (30) days as of the time
for closing registration, next preceding any town election, and (e)
is registered in accordance with the provisions of this Charter or
any ordinance applicable thereto, or in accordance with the provisions
of Article 33 of the Annotated Code of Maryland, entitled Election
Code, as it now exists or may be subsequently amended, shall be a
qualified voter of the town. Every qualified voter of the town shall
be entitled to vote at any or all town elections.
There shall be a board of supervisors of elections, consisting
of three members who shall be appointed by the Mayor with the approval
of the council on or before the second Monday in January in every
second odd-numbered year. The terms of members of the board of supervisors
of elections begin on the second Monday in January in the year in
which they are appointed and run for four years. Members of the board
of supervisors of elections shall be qualified voters of the town
and shall not hold or be candidates for any elective office during
their term of office. The board shall appoint one of its members as
chairperson. Vacancies on the board shall be filled by the Mayor with
the approval of the council for the remainder of the unexpired term.
The compensation of the members of the board, if any, shall be determined
by the council.
Any member of the board of supervisors of elections may be removed
for good cause by the council, if in the judgment of the council the
member is not properly performing or will not properly perform the
duties of the position. Before removal, the member of the board of
supervisors of elections to be removed shall be given a written copy
of the charges against said member and shall have a public hearing
on them before the council if said member so requests within ten days
after receiving the written copy of the charges.
The board of supervisors of elections shall be in charge of
the registration of voters, nominations, and all town elections. The
board may appoint election clerks or other employees to assist it
in any of its duties. Any compensation of such persons, if any, shall
be subject to the determination and approval of the council.
The board of supervisors of elections shall give at least two
weeks' notice of every registration day and every election by
an advertisement published in at least one newspaper of general circulation
in the town and by posting a notice thereof in some public place or
places in the town.
There shall be a registration of persons not registered to vote
in the municipal office at all times during its regular office hours.
Registration will close at noon on the twenty-fifth (25th) day preceding
the municipal election of officers or any special election or referendum.
Registration shall be conducted by the clerk-treasurer and other persons
in the municipal office so authorized to do so by the board of supervisors
of elections. Any bona fide resident within the corporate limits of
the town at the time of registration will be eligible to register.
Universal voter registration, by bona fide residents of the town for
all general and primary elections, as provided for and defined in
Article 33 Election Code of the Annotated Code of Maryland as it now
exists, and as may be amended from time to time, shall qualify said
person to vote in all municipal elections or referendums provided
said registration is effective by noon on the twenty-fifth (25th)
day preceding any municipal election of officers, special elections,
or referendum. Registration shall be permanent, and no person shall
be entitled to vote in town elections unless such person is registered.
It shall be the duty of the board of supervisors of elections to keep
the registration list up to date by striking from the list persons
known to have died or to have moved out of the town limits or have
in any manner been subject to removal from the voter registration
as provided in this charter or Article 33, Election Code of the Annotated
Code of Maryland. The council is hereby authorized and directed, by
ordinance, to adopt and enforce any provisions necessary to establish
and maintain a system of permanent registration, and to provide for
a re-registration when necessary. (Amended effective Resolution 3,
11/2/00).
If any person is aggrieved by the action of the board of supervisors
of elections in refusing to register or in striking off the name of
any person, or by any other action said person may appeal to the council.
Any decision or action of the council upon such appeals may be appealed
to the circuit court for the county within the time allowed for such
appeals.
Persons may be nominated for elective office in the town by
filing a certificate of nomination/candidacy at the office of the
board of supervisors of elections or town hall or community center
at least sixty (60) days preceding the municipal election of officers
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. In addition thereto, no elected officer of the town,
except elected officers running for re-election, shall be a candidate
or nominee for election to any town public office unless he or she
shall have first resigned from his/her then office. If he/she fails
to resign upon registering for candidacy and/or upon nomination he/she
shall be deemed to have forfeited his/her town public office immediately
upon filing. Any such officer of the town who shall become a candidate
for election by the people to a public office, other than a town public
office, shall automatically forfeit such town position when and if
he/she is elected for said public office. No employee or appointed
officer of the Town of Hancock shall be eligible to file a certificate
of nomination for elective office in the town without first terminating
his/her employment. (Amended resolution 6/30/88, 11/2/00, recorded
at Liber 9, folio 40.)
On the last Monday in January, 1973, and on the last Monday
in January every two years thereafter an election shall be held for
the purpose of electing a Mayor and Council members. At the election
to be held on the last Monday in January, 1973, and every two years
thereafter, the Mayor shall be elected whose term of office shall
be for two years or until his successor is duly qualified. At the
election to be held on the last Monday in January of 1973, there shall
be elected four council members, the two council members with the
highest vote shall serve for a period of four years or until their
successors are duly qualified and the third and fourth council members
receiving the highest number of votes shall serve for a period of
two years or until their successors are duly qualified. At the election
to be held on the last Monday in January of 1975, and every two years
thereafter there shall be elected two council members whose term of
office shall be for four years or until their successors are duly
qualified.
It is the duty of the board of supervisors of elections to provide
for each special and general election a suitable place or places for
voting and suitable ballot boxes and ballots and/or voting machines.
The ballots and/or voting machines shall show the name of each candidate
nominated for elective office in accordance with the provisions of
this charter, arranged in alphabetical order by office with no party
designation of any kind. The board of supervisors of elections shall
keep the polls open from 11:00 a.m. to 7:00 p.m. on election days
or for longer hours if the council requires it. (Amended by Resolution
2, 11/2/00, recorded Liber 9, folio 39.)
The Board of Supervisors of Elections shall arrange for voting
by absentee ballot in accordance with the provisions of the election
law of the Annotated Code of Maryland as it now exists and/or may
be subsequently amended and shall so notify the voters of same.
All special town elections shall be conducted by the board of
supervisors of elections in the same manner and with the same personnel,
as far as practicable, as regular town elections.
Within forty-eight hours after the closing of the polls, the
board of supervisors of elections shall determine the vote cast for
each candidate or question and shall certify the results of the election
to the clerk-treasurer of the town, who shall record the results in
the minutes of the council.
All ballots used in any town election shall be preserved for
at least six months from the date of the election.
In the case of a vacancy on the council, except for the office
of mayor, for any reason, the council shall elect some qualified person
to fill such vacancy for the unexpired term of such the person vacating
the office. In case of a vacancy in the office of the mayor, the most
senior council person who received the highest number of votes when
elected, shall immediately become mayor for the unexpired term of
the mayor. Any vacancies of any other council member or members for
any reason whatsoever shall be filled by the favorable votes of a
majority of the remaining members of the council. The results of any
such vote shall be recorded in the minutes of the council. Vacancies
shall be filled in the method set forth within fifteen (15) days of
said vacancy.
The council 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 (1) fails to perform any duty required of said
person under the provisions of this subheading or any ordinances passed
thereunder, (2) in any manner wilfully or corruptly violates any of
the provisions of this subheading or any ordinances passed thereunder,
or (3) 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. The above penalty is in addition to and is not in derogation
of any punishment or penalty for violation of any Federal, state or
county election laws.
The position of town manager for the Town of Hancock is hereby
created.
The town manager shall be appointed by the Mayor, with the approval
of the council. The term of appointment shall be indefinite and the
town manager shall serve at the pleasure of the Mayor. The town manager
shall be chosen on the basis of accomplishments in organization and
planning, and on the basis of experience in administration in a large
organization, institution, or political subdivision, with special
reference to knowledge and experience in the accepted practices of
the duties of the office hereinafter set forth.
The town manager shall receive such compensation as the council
shall prescribe.
The duties and responsibilities of town manager include the
following:
(a) The town manager shall organize, direct and supervise the administration
of all department, offices, and agencies of the town, including the
Police Department, the Department of Public Works, the Department
of Finance, and the Department of Planning. In addition to the town
manager there may be department heads including a chief of police,
superintendent of public works, and director of planning. However
on individual may serve as head of more than one department if the
Town Manager shall so organize and direct. The town manager shall
also serve as clerk-treasurer and shall discharge all duties and responsibility
of that position as provided in the Charter of the Town of Hancock
provided that said duties are delegated to the town manager by the
Mayor and Council by appropriate resolution. The terms "town manager"
and "clerk-treasurer" shall be construed as synonymous in this Charter
in said event.
(b) The town manager shall appoint, and when the manager deems it necessary
and in the best interest of the town, suspend or remove any town department
head or employee for sufficient cause, with the approval of the council.
The town manager may authorize any department head to exercise these
powers with respect to subordinates in the respective department as
provided for in the personnel rules of the town as may be adopted
from time to time by the Mayor and Council.
(c) The town manager shall see that all laws, provisions of the Town
Charter and acts of the Council are faithfully executed.
(d) The town manager shall attend all public meetings of the Council
and shall have the right to participate in discussion at such meetings,
but the town manager may not vote.
(e) The Town Manager shall undertake such research and make reports and
recommendations as the council may direct or may deem desirable and
in the best interest of the Town of Hancock.
The town manager shall act as clerk-treasurer and carry out
the duties of the clerk-treasurer if said duties are delegated to
the town manager as set forth in this Charter.
If the Council does not delegate the clerk-treasurer powers
to the town manager, then there shall be a clerk-treasurer appointed
by the Mayor with the approval of the Council. The clerk-treasurer
shall serve at the pleasure of the Mayor. The clerk-treasurer shall
be the chief financial officer of the town. The financial powers of
the town, except as otherwise provided by this Charter, shall be exercised
by the clerk-treasurer under the direct supervision of the Mayor.
Under the supervision of the mayor, the clerk-treasurer shall
have authority and shall be required to:
(a) Prepare at the request of the mayor an annual budget to be submitted
by the mayor to the council.
(b) Supervise and be responsible for the disbursement of all moneys and
have control over all expenditures to assure that budget appropriations
are not exceeded.
(c) Maintain a general accounting system for the town in such form as
the council may require, not contrary to State law.
(d) Submit at the end of each fiscal year, and at such other times as
the council may require, a complete financial report to the council
through the mayor.
(e) Ascertain that all taxable property within the town is assessed for
taxation.
(f) 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.
(g) Have custody of all public moneys belonging to or under the control
of the town, except as to funds in the control of any set of trustees,
and have custody of all bonds and notes of the town.
(h) Do such other things in relation to the fiscal or financial affairs
of the town as the mayor or the council may require or as may be required
elsewhere in this charter.
The town manager and/or clerk-treasurer shall provide a bond
with such corporate surety and in such amount as the council by ordinance
or resolution 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 mayor, on such date as the council by ordinance determines,
but at least thirty (30) days before the beginning of any fiscal year,
shall submit a budget to the council. The budget shall provide a complete
financial plan for the budget year and shall contain estimates of
anticipated revenues and proposed expenditures for the coming year.
The total of the anticipated revenues shall equal or exceed the total
of the proposed expenditures. The budget shall be a public record
in the office of the clerk-treasurer, open to public inspection by
anyone during normal business hours.
Before adopting the budget the council shall hold a public hearing
thereon after two weeks' notice thereof in some newspaper or
newspapers having general circulation within the municipality. The
council may insert new items or may increase or decrease the items
of the budget. If the council 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. A favorable vote
of at least a majority of the total elected membership of the council
is necessary for adoption. The budget shall be effective on July 1;
the commencement of the fiscal year.
No public money may be expended without having been appropriated
by the council. From the effective date of the budget, the several
amounts stated therein as proposed expenditures shall be and become
appropriated to the several objects and purposes named therein.
Any transfer of funds between major appropriations for different
purposes by the mayor must be approved by the council 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
to be financed in whole or in part by the issuance of bonds, nor the
making of contracts of lease 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 unexpected
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 town manager or clerk-treasurer,
if a clerk-treasurer has been appointed other than the town manager,
and shall be countersigned by the mayor. In the absence of the mayor,
the town manager or council member as designated by a majority of
the council by resolution shall countersign said checks.
All real property and all tangible personal property within
the corporate limits of the town, or personal property which may have
a situs there by reason of the residence of the owner therein, is
subject to taxation for municipal purposes, and the assessment used
shall be the same as that for State and county taxes. No authority
is given by this section to impose taxes on any property which is
exempt from taxation by any act of the General Assembly.
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 council in each year,
the clerk-treasurer shall give notice of the making of the levy by
posting a notice thereof in some public place or places in the town.
The clerk-treasurer shall make out and mail or deliver in person to
each taxpayer or taxpayer's agent at their last known address
a bill or account of the taxes due from said taxpayer. 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 taxpayer's
property.
The taxes provided for in § 55 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 while in arrears at the
maximum rate provided for by State law for each month or fraction
of a month until fully paid. All taxes not paid and in arrears shall
be collected as provided in § 58.
A list of all property on which the town taxes have not been
paid and which are in arrears after they are levied shall be submitted
by the clerk-treasurer of the town to the treasurer, collector, or
any other official of the County of Washington responsible for the
sale of tax-delinquent property as provided by the Annotated Code
of Maryland. The official designated herein for the purposes of collection
shall proceed to sell and sell in accordance with the provisions of
the Annotated Code of Maryland applicable thereto, said real property
at any time thereafter, but in no case later than two years from the
date the tax is in arrears.
Failure of the collector or designated official to sell any
real property within the two year period shall not affect the validity
or the collectability of any tax, or the validity of any sale thereafter
made.
All fees received by an officer or employee of the town government
in their official capacity shall belong to the town government and
be accounted for to the town. The town shall have the authority and
the mayor and council can establish fees and charges from time to
time for various services, licenses and other matters, except for
utility services, or other services regulated by Federal or State
statute or regulation, by resolution at a duly constituted public
meeting.
The financial books and accounts of the town shall be audited
annually as required by Article 19, Uniform System of Accounts, of
the Annotated Code of Maryland, as it now exists and as may be subsequently
amended from time to time.
CREATION OF MUNICIPAL PUBLIC DEBT
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(a) Authority to borrow. (1) During the first 6 months of any fiscal
year, the town may borrow in anticipation of the collection of the
property tax imposed for that fiscal year, any may issue tax anticipation
notes or other evidences of indebtedness as evidence of such borrowing.
(2) Such tax anticipation notes or other evidences
of indebtedness shall be a first lien upon the proceeds of such tax
and shall mature and be paid not later than 6 months after the beginning
of the fiscal year in which they are issued.
(3) 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 50 percent of the property tax imposed for the
fiscal year in which the notes or other evidences of indebtedness
are issued.
(4) All tax anticipation notes or other evidences of indebtedness shall
be authorized by ordinance before being issued.
(5) The council shall have the power to regulate all matters concerning
the issuance and sale of tax anticipation notes.
(b) Public sale; notice of sale; price; issuance for cash or other valuable
consideration; signatures and seals; marketing agreements. (1) Municipal
bonds or notes may be sold for any public purpose by private negotiated
sale without advertisement or publication of notice of sale or at
public sale after solicitation of competitive bids, as determined
by the resolution or ordinance authorizing the issuance of the bonds
or notes.
(2)
(i)
Any public sale of municipal bonds or notes may be held only
after 1 or more insertions of a notice of the sale in either a newspaper
of general circulation in the town or a publication having a circulation
primarily among the investment and financial community.
(ii)
The first insertion of the notice of sale shall be published
at least 10 days before the date fixed for sale.
(3)
(i)
Municipal bonds or notes issued under this subsection may be
sold or redeemed for a price or prices which may be at, above, or
below the par value of the bonds or notes, as provided in the authorizing
resolution or ordinance.
(ii)
The resolution or ordinance that authorizes the municipal bonds
or notes may provide for prior redemption of the bonds or notes.
(iii)
Municipal bonds or notes may be issued, sold, and delivered
on such terms and conditions, including fixed or variable rate or
rates of interest or method of determining interest rate or rates,
as provided in the authorizing resolution or ordinance.
(4) Municipal bonds or notes may be issued for either cash or other valuable
consideration.
(5) The official signatures and seals affixed to any municipal bonds
or notes may be imprinted in facsimile.
(6) The town may enter into agreements with agents, banks, fiduciaries,
insurers, or others for the purpose of enhancing the marketability
of or as security for the bonds or notes and for security any tendered
option granted to holders.
(c) The town shall have the power to borrow money for any proper public
purpose in accordance with the provisions of the Annotated Code of
the Public Laws of Maryland in addition to and not in derogation of
this section if so authorized.
The municipal corporation shall also have and retain all powers
set forth in Title 9 of the Environmental Article and any other powers
to borrow money, finance projects or negotiate agreements pertaining
to same.
(d) The town may enter into agreements with agents, banks, fiduciaries,
insurers, or others for the purposes of enhancing the marketability
of, or as security for the bonds or notes, and for security of any
tendered option granted to holders.
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
administered by the clerk-treasurer. The council 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 services involving more than five thousand dollars
($5,000) shall be made on written contract. The clerk-treasurer 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 council before becoming effective. The council may reject any
or all bids in whole or in part within its discretion, and readvertise
within its sole discretion if it is determined to be in the best interest
of the citizenry. 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. (Amended Resolution effective
9/20/95, recorded in Liber 5, folio 705.)
The clerk-treasurer shall serve as clerk to the council. The
clerk shall attend every meeting of the council and keep a full and
accurate account of the proceedings of the council. The clerk shall
keep such other records and perform such other duties as may be required
by this charter or the council.
The mayor with the approval of the council 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 council or the mayor. The town attorney's compensation
shall be determined by the council. The town has the power to employ
such legal consultants as it deems necessary from time to time.
The town shall have the power to employ such officers and employees
as it deems necessary to execute the powers and duties provided by
this charter or other State law and to operate the town government.
The town shall not employ any elected town public official in a regular
salaried or hourly position except in an emergency declared by the
majority of the council. (Amended Ord., 6-30-88.)
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 other disciplinary
action, and vacation and sick leave regulations. The town may request
and avail itself of the facilities of the Commissioners 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:
(1) The mayor, the council members, and persons appointed to fill vacancies
in these positions.
(3) The clerk-treasurer and the town attorney.
(4) The heads of all offices, departments, and agencies and members of
town boards and commissions.
(5) 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 the
person's 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 the person's
right as a citizen to express their opinion and to cast their vote.
(b) Penalties. — Any person who by themself 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 the maximum set forth in the provisions of
Article 23 A of the Annotated Code of Maryland, Section 3, as it now
exists or as it may be subsequently amended. 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 the person
be an officer or employee of the town, same shall immediately forfeit
the office or position which said person holds.
(c) The penalty provisions set forth in this section are not to be construed
as in derogation of any other applicable laws pertaining to violations
of the Election Code of the State of Maryland or any other governmental
agency, but are in addition thereto.
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 officers and employees of the town shall
be set from time to time by resolution passed by the council, subject
to the restrictions imposed upon establishing the salaries of the
council members and the mayor.
The town may provide for participation 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, and enter
into contractual agreements pertaining to same in accordance with
the provisions of this Charter.
PUBLIC WAYS AND SIDEWALKS
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The term "public ways" as used in this charter includes all
streets, avenues, roads, highways, public thoroughfares, lanes, and
alleys.
The town shall have 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.
(9) Regulate any construction of or placing of or changing the location
of any utility infrastructure to regulate and require any and all
individuals, firms or corporations utilizing any rights of way or
public ways in the town for improvements, construction or infrastructure
as maybe requisite for the appropriate maintenance of any town water
or sewer system.
(10) The town has all other powers not enumerated herein pertaining to
public ways provided by the laws of the State of Maryland.
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, repaved, 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 in good repair, 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.
(5) The town has all other powers not enumerated herein pertaining to
sidewalks provided by the laws of the State of Maryland.
The town may:
(1) Construct, operate and maintain a water system and water plant.
(2) Construct, operate and maintain a sanitary sewerage system and a
sewage treatment plant.
(3) Construct, operate, and maintain a storm water drainage system and
storm water sewers.
(4) Construct, maintain, reconstruct, enlarge, alter, repair, improve,
or dispose of all parts, installations, and structures of the above
plants and systems for the efficient and orderly operation of said
facilities. PROVIDED, HOWEVER, that the council does
not have the authority to sell or lease or convey, the entire water
or sewer system unless it submits the question of said sale or lease
to the qualified voters of the town for approval or disapproval in
accordance with the provisions of town Property § 86 or
any other applicable provisions of this Charter or the laws of the
State of Maryland.
(5) Have surveys, plans, specifications, and estimates made for any of
the above plants and systems or parts thereof or the extension thereof.
(6) Do all things it deems necessary for the efficient operation and
maintenance of the above plants and systems.
(7) Make a charge, the amount to be determined by the council for each
connection made to the town's water or sewer system, and to assess
appropriate charges for water and sewer usages and rates or other
charges as the council deems advisable or required from time to time.
Said fees and charges may be revised and/or changed from year to year
and shall be established with the provisions of the applicable provisions
of the Annotated Code of Maryland.
All charges provided for are to be billed and collected by the
clerk-treasurer, and if bills are unpaid within thirty (30) days,
or in accordance with the policies promulgated and adopted by ordinance
by the council or in accordance with the laws of the State of Maryland,
then service may be disconnected. All charges shall be a lien on the
property, collectable in the same manner as town taxes or by suit
at law.
(8) To promulgate any rules or regulations and pass any ordinances pertaining
to the operation, maintenance and control of any water or sewage drainage
systems or any other related matters.
(9) Contract with any party or parties inside or outside the town, to
obtain water or to provide for the removal of sewage.
(10) To establish a water board and/or other commission to manage the
water system and/or department.
(11) The town has all other powers not enumerated herein pertaining to
water and sewer provided by the laws of the State of Maryland.
The town may:
(1) Own, operate, modify and maintain an electric light and power plant,
and to distribute for charge electricity produced by the plant.
(2) Construct, operate and maintain all necessary appurtenances and fixtures
for the distribution and sale of electricity in the corporate limits
of the town.
(3) Construct, maintain, reconstruct, enlarge, alter, repair, improve,
or dispose of all parts, installation and appurtenances in reference
to said electrical distribution system. PROVIDED, HOWEVER, that the council does not have the authority to sell or lease or
convey, the entire electric utility system unless it submits the question
of said sale or lease to the qualified voters of the town for approval
or disapproval in accordance with the provisions of Town Property
§ 86 or any other applicable provisions of this Charter
or the laws of the State of Maryland.
(4) Enter into agreements for the purchase of energy and electricity
for distribution and sale as a utility in the town of Hancock.
(5) Promulgate any rules or regulations and pass any ordinances pertaining
to the operation, maintenance and control of the electric utility
system subject to and in accordance with the Public Service Commission
regulations and any Federal acts, ordinances or regulations applicable.
(6) Charge for electricity and distribution thereof to the customers
in accordance with applicable town rules, regulations or ordinances
validly enacted and/or all applicable Public Service Commission acts,
rules and regulations and Federal acts and regulations.
All charges shall be billed and collected by the clerk-treasurer
unless otherwise specified by the council.
(7) The town has all powers not enumerated herein pertaining to an electrical
utility system provided by the laws of the State of Maryland.
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, storm water sewers, or electrical utility system 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.
The town may extend its water or sewerage systems beyond the
town limits.
The provisions of this subheading shall not extend to any town
located in a sanitary district or special tax area or district authorized
to discharge the powers provided in this subheading, as to the particular
powers included in the authorization.
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 evidence
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.
In addition thereto, but not limited thereto, the town may exercise
all powers pertaining to special taxing districts as set forth in
Article 23A, Section 44(a) of the Annotated Code of Maryland or pursuant
to any other applicable public general law of the State of Maryland
as it now exists or may be subsequently amended from time to time.
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 council.
(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 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 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.
(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 council by ordinance. Before levying
any special assessment charges, the council shall hold a public hearing.
The clerk-treasurer shall cause notice to be given stating the nature
and extent of the proposed project, the kind of materials to be used,
and the estimated cost of the project, the portion of the cost to
be assessed, the number of installments in which the assessment may
be paid, the method to be used in apportioning the cost, and the limits
of the proposed area of assessment. The notice shall also state the
time and place at which all persons interested, or their agents or
attorneys, may appear before the council and be heard concerning the
proposed 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 council,
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
council.
(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 council may determine.
The council 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 council.
(h) When due; lien on 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 liens on the property
and all overdue 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.
The town may acquire in accordance with the provisions of Article
23A of the Annotated Code of Maryland as it now exists or as may be
amended from time to time, by conveyance, purchase or gift, real,
personal, mixed or leaseable property for any public purposes; to
erect buildings and structures thereon for the benefit of the town
and its inhabitants; and to convey any property so acquired when no
longer needed for the public use in accordance with the provisions
of Article 23A after having given at least twenty (20) days notice
of the proposed conveyance; to control, protect and maintain public
buildings, grounds, and property of the town, PROVIDED, HOWEVER, that said Mayor and council shall not have the power and authority
to sell or lease to any person, association, or corporation the light,
water, or sewer system of the said town without submitting the question
of said sale or lease to the qualified voters of said town for approval
or disapproval and that if the majority of the said voters voting
on the said question shall be against such sale or lease, then the
said Mayor and council shall not sell or lease same. (Amended, former
Section 16-21, Powers Enumerated (48) Property — effective
1/26/05, recorded Liber 10, folio 537.)
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, Eminent Domain, of the Real Property
Article of the Annotated Code of Maryland as it now exists or as it
may be amended from time to time.
(a) Oath required. — Before entering upon the duties of their offices,
the mayor, the council members, the clerk treasurer, the members of
the board of supervisors of elections, and all other persons elected
or appointed to any office of profit or seat 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 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) Before whom taken and subscribed. — The mayor 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.
All other persons taking and subscribing to the oath shall do so before
the mayor.
The town manager/clerk-treasurer and such other officers or
employees of the town as the council or this charter may require,
shall give bond in such amount and with such surety as may be required
by the council. The premiums on such bonds shall be paid by the town.
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 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.
(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 party of section to which
such holding shall directly apply.