[HISTORY: Adopted by the City of Havre de Grace in 1878. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Appendix A, Corporate Limits
[Amended 9-22-1998 by Res. No. 151]
The citizens of the City of Havre de Grace, Harford County, Maryland, are hereby made a body Corporate under the name the "Mayor and City Council of Havre de Grace" and by that name may have all the powers provided by law to a municipal corporation.
[Amended 9-22-1998 by Res. No. 152]
The elected government of the City of Havre de Grace ("the City") shall be vested in a Mayor and six Council Members, who attain and hold office pursuant to this Charter.
[Amended 9-22-1998 by Res. No. 153; 2-8-2002 by Res. No. 235]
The corporate limits of the City shall be described by metes and bounds ("Description") and printed as Appendix A to the City Charter.[1] The Description shall be amended by Council resolution to reflect any changes made to the City's boundaries. An updated Description shall be maintained by the Director of Economic Development and Planning and filed with the Clerk of Harford County Circuit Court and the Maryland Department of Legislative Services. The City shall have all powers provided by law within its boundaries and to the maximum distance from its corporate limits.
[1]
Editor's Note: Appendix A is included at the end of this Charter.
[Amended 9-22-1998 by Res. No. 154]
All property of every kind belonging to the City shall be vested in the municipal corporation created by this Charter and the City in its discretion may receive, hold or use the property for the City's general purposes or in the aid of education or charity within the City.
[Amended 9-22-1998 by Res. No. 155; 3-15-2010 by Res. No. 272; 12-1-2025 by Res. No. 305]
To qualify to vote in City elections, a person must be a citizen of the United States; a resident of the State of Maryland; registered, qualified, and eligible to vote in Harford County and the State of Maryland; eighteen (18) years of age on the election date; and a resident within the corporate limits of the City for at least twenty-one (21) days immediately preceding the election date.
[Amended 9-22-1998 by Res. No. 156; 12-1-2025 by Res. No. 305]
Persons qualified to vote in City elections under Section 5 will be known as a "Registered City Voter" and shall be entitled to register to vote in accordance with the permanent system of voter registration established and maintained pursuant to the Maryland Code, Election Law § 3-403. Any potential voter who is not listed on the voter registry but who brings documentation showing proof of residency within the corporate limits may request a provisional ballot on the day of election. The City does not offer same day registration.
[Amended 2-23-1999 by Res. No. 157; 8-1-2005 by Res. No. 250; 12-1-2025 by Res. No. 305]
The Mayor, with the approval of the City Council, shall appoint the members of the Board of Election Supervisors. The Board shall have five (5) members who, during their term, must be a Registered City Voter, hold no elected office and not be a candidate for an elected office in the City of Havre de Grace. Three (3) members of the Board shall constitute a quorum for the transaction of business. The Board shall act only when a quorum is present and only by vote of a majority of the members present and voting. Each member shall serve a term of six (6) years from their appointment date. Members shall continue to serve until the appointment of their successor. Where a member vacates a seat prior to the expiration of the term, the Mayor, with the approval of the City Council, shall appoint a new member to fill the vacant seat, and the replacement shall serve a full term of six (6) years. Each year the Board shall organize and elect one (1) of its members as president. Board members shall receive such compensation as the Mayor and City Council determine.
[Amended 2-23-1999 by Res. No. 158; 12-1-2025 by Res. No. 305]
The Board shall be in charge of all aspects of conducting City elections. With the assistance of City staff, the Board shall advertise election notices; secure adequate accommodation for elections; obtain furniture, equipment, stationery and other items to facilitate elections; prepare the ballot; count the votes cast; certify the election results and announce the results. The Board shall submit all election proceeds and expenses to the Director of Administration for processing through the Department of Finance, who shall jointly provide an account of proceeds and expenses to the Mayor and City Council. The City shall pay for the valid expenses and otherwise assist the Board in fulfilling its duties.
[Amended 2-23-1999 by Res. No. 159; 12-1-2025 by Res. No. 305]
On or before the first Tuesday in April for each year in which a municipal election is to be held, the Board shall appoint election judges and clerks, who shall be Registered City Voters; of good character; not holding public office and not a candidate for an elected office in the City of Havre de Grace, to serve in the next election and no longer. The Board shall fill any vacancies immediately. The judges and clerks shall have all the powers and duties provided by the City Code, the City Charter, Harford County and state law and shall receive compensation as determined by the Mayor and City Council.
[Amended 2-23-1999 by Res. No. 160; 12-1-2025 by Res. No. 305]
A. 
The Board of Election Supervisors shall give at least seven (7) days notice of any City election by publishing a notice in one (1) or more newspapers having general circulation within the City. The notice shall include the election date; polling places; times when the polls are open and closed; and an accurate sample copy of the official ballot.
B. 
The Board is authorized to adopt rules and regulations consistent with the City Charter, City Code, and City ordinances for the maintenance of an accurate list of Registered City Voters and the conduct of orderly and fair elections. A majority vote is required to decide questions before the Board. Persons aggrieved by any act of the Board may, within ten (10) days of the aggrieved act, appeal in writing to the Mayor and City Council which shall review the written complaint and render a written decision prior to the next election or within ten (10) days of receipt of the written appeal, whichever is earlier.
[Amended 2-23-1999 by Res. No. 161; 2-8-2002 by Res. No. 235; 12-1-2025 by Res. No. 305]
A. 
Candidates shall complete the candidacy packet approved by the City's Ethics Commission. The required forms in the candidacy packet shall be those required by State and local Ethics laws. Each candidate shall furnish such information necessary to determine if the candidate is qualified to hold the public office pursuant to the City Charter. In any election, candidates may file for and run for only one elected office in the City.
B. 
The candidacy forms shall be signed by the candidate under oath before a notary public and shall be accompanied by a nonrefundable and nontransferable filing fee in the amount established by the Mayor and City Council by ordinance. Candidates shall file their forms along with the fee at City Hall to the attention of the Director of Administration beginning the first Tuesday in March through 5:00 PM on the third Tuesday in March during normal City business hours.
C. 
The Director of Administration shall deliver the candidacy forms received on or before 5:00 PM on the third Tuesday in March to the Ethics Commission for review. After Ethics Commission review to ensure the candidacy packets are complete, the candidacy forms are to be submitted to the Board on the Friday following the third Tuesday in March. The Board, with the assistance of City staff, is responsible for determining whether each candidate is a Registered City Voter qualified to hold office by comparing the addresses with the list of Registered City Voters. Within ten (10) days of the receipt of the candidacy forms, the Board shall notify those candidates whose certificate of candidacy was rejected stating the reasons for the rejection.
[Amended 2-23-1999 by Res. No. 162; 2-8-2002 by Res. No. 235; 12-1-2025 by Res. No. 305]
Candidates may cause the withdrawal of their certificate for candidacy by filing a notarized written request to withdraw by no later than 5:00 PM on the first Tuesday in April. The Request for Withdrawal shall be delivered to the Director of Administration who shall deliver it to the Board of Election Supervisors by the Friday following the first Tuesday in April, and the name of the candidate shall not appear on the ballot prepared by the Board. Notwithstanding the provision of Subsection 11C above, if a timely Request for Withdrawal is made, the withdrawing candidate may request a refund of the candidate filing fee which may be granted by the City Council by majority vote for good cause shown.
[Amended 2-23-1999 by Res. No. 163; 10-1-2001 by Res. No. 229; 4-20-2020 by Res. No. 287; 12-1-2025 by Res. No. 305]
For City elections, which shall take place on the first Tuesday after the first Monday in May, polls shall open at 7:00 A.M. and close at 8:00 P.M.
[Amended 2-23-1999 by Res. No. 164; 2-8-2002 by Res. No. 235; 12-1-2025 by Res. No. 305]
Immediately after the polls close, the Board of Election Supervisors shall count the votes cast and announce unofficial election results by 10:00 PM on election night. For purposes of this section, the votes cast on election day shall not include provisional or absentee ballots. The Board is authorized to count votes using City supplied voting machines and equipment, or by hand counting of paper ballots approved by the Board if no electronic voting equipment is available. The Board shall then count absentee and provisional ballots pursuant to the City Charter and City Code and any rules and regulations adopted by the Board. The Board shall certify the election results to the Director of Administration after the absentee and provisional ballots (if any) have been counted and the unofficial election results have been confirmed. The official election results shall be presented by the Board at the second City Council meeting in May.
[Amended 2-23-1999 by Res. No. 165; 12-1-2025 by Res. No. 305]
Ballots for City elections shall be prepared by the Board of Election Supervisors or at their direction and with the assistance of City staff and shall contain the printed name of every candidate and every question to be submitted to a vote. Voters are permitted to take written notes into the voting booth to assist them with their vote.
[Amended 2-23-1999 by Res. No. 166; 12-1-2025 by Res. No. 305]
Ballots for a City election shall have the same form and arrangement provided by law for county and state elections and absentee voting, except there shall be no party name or designation on the ballot and no write-in candidates are permitted for City elections.
[Amended 2-23-1999 by Res. No. 167; 10-1-2001 by Res. No. 227; 3-20-2006 by Res. No. 254; 9-16-2019 by Res. No. 284; 9-2-2025 by Res. No. 304; 1-20-2026 by Res. No. 306]
To qualify to be Mayor, one must be at least twenty-five (25) years of age, a citizen of the United States for at least two (2) years, a qualified City voter at the time of filing for office, and a resident of the City of Havre de Grace for not less than two (2) years immediately preceding the election date. The election of Mayor shall take place on the first Tuesday after the first Monday in May and on the same day and month every third year thereafter. The Mayor shall take the oath of office and the term begins on the third Monday in May.
[Amended 2-23-1999 by Res. No. 168; 2-8-2002 by Res. No. 235; 3-20-2006 by Res. No. 253; 1-17-2017 by Res. No. 279; 4-20-2020 by Res. No. 286; 10-2-2023 by Res. No. 295; 4-1-2024 by Res. No. 300; 9-2-2025 by Res. No. 304]
A. 
The Mayor shall preside over all of the meetings of the City Council; set the agenda for the meetings of the City Council after consultation with the Council President; and shall only have the power to vote to break a tie City Council vote at all meetings of the City Council, with the exception of votes concerning ordinances and the election of the President of the City Council, where the Mayor has no voting power.
B. 
The Mayor shall be the Chief Executive Officer of the City of Havre de Grace and its administration and shall have the duty of general supervision of the City, its employees and its property and shall ensure that all City Council resolutions requiring action and all laws are duly and faithfully executed.
C. 
The Mayor, with the approval of the City Council, shall appoint or hire a Director of Administration, Chief of Police, Director of Public Works, Director of Economic Development and Tourism, Director of Planning, Director of Finance, and a City Attorney, and such other officers as the Charter, resolutions or ordinances of the City may provide. In the event an appointed position listed under this subsection becomes vacant for any reason, the Mayor may designate an acting director or other acting officer until such time as a director, or other officer can be appointed. An acting director or other acting officer shall report to the Mayor, may be removed from acting capacity at any time by the Mayor, and shall perform all the duties and responsibilities of the position they are fulfilling in an acting capacity. The authority of an acting director or other acting officer appointed under this subsection shall be the same as if such person had been originally appointed. Any person in an acting capacity shall remain in such position until removed by the Mayor, or until the end of the remaining contract term relating to the original appointment of such director or officer, provided however, that such acting director or officer shall not remain in position beyond May 31 of the fiscal year without the approval of the City Council. The rate of pay for an acting director or an acting officer shall be established in the City's pay scale. In the event a current City employee is asked to serve in an acting capacity on a temporary basis, such employee shall not lose their status as an employee when their status as an acting director or officer is terminated and they shall continue as an employee at the pay scale applicable at the time acting status is terminated.
D. 
The Mayor shall receive an annual salary as set forth from time to time by an ordinance passed by the City Council in the regular course of business. Any proposed change to the Mayor's salary requires voter approval at a regular City election and is effective at the beginning of the next fiscal year.
E. 
In the event a state of emergency is declared by the President of the United States, the Governor of the State of Maryland, the Harford County Executive, or the Mayor of the City of Havre de Grace in accordance with the Public Safety Article of the Annotated Code of Maryland then in effect, the Mayor, as Chief Executive Officer of the City, may suspend or extend any timelines or deadlines set forth in this Charter, or in any City Code provision, ordinance, rule, regulation or resolution of the City of Havre de Grace, upon a finding by the Mayor that such suspension or extension does not endanger, or is necessary to protect, the health, welfare or safety of the citizens and City employees, and upon a further finding by the Mayor that the temporary suspension or extension does not deprive any person of their due process rights. Any temporary suspension or extension of any timeframe or deadline issued under this Subparagraph E shall not extend for more than thirty (30) days following the lifting of such state of emergency. In addition, during any declared state of emergency, the Mayor may issue executive orders pertaining to the use of City property as may be necessary to protect the health, safety and welfare of the citizens and City employees. The Mayor may also temporarily postpone or suspend a City election for up to sixty (60) days after a state of emergency is lifted.
[Amended 2-23-1999 by Res. No. 169; 2-8-2002 by Res. No. 235; 10-17-2005 by Res. No. 251; 5-1-2006 by Res. No. 257; 5-4-2009 by Res. No. 270]
A. 
All resolutions, except Charter amendment resolutions, shall be adopted by a majority of affirmative votes of the City Council members present and voting by roll call vote. All Charter amendment resolutions shall be introduced by a majority voice vote and then shall be adopted by at least four affirmative votes of the City Council members by roll call. Any Charter amendment purporting to change the term of office of the Mayor or the City Council shall be effective only after approval of a majority of legal voters casting ballots at a general or special election held for that purpose. Public notice of such Charter change shall be made in a newspaper having general circulation in the City, published for three (3) consecutive weeks, once per week, immediately prior to the election. All ordinances shall be introduced for a first reading by a majority voice vote and then shall be adopted on first reading by at least four affirmative votes of the City Council members by roll call. All ordinances shall be introduced for a second reading by a majority voice vote and then shall be adopted by at least four affirmative votes of the City Council members by roll call. No ordinance shall have a second reading and be adopted at the meeting at which it is first introduced or at a meeting held on the same day as the public hearing. In cases of an emergency the provision that an ordinance may not be adopted at a meeting at which it is first introduced or on the same day as the public hearing may be suspended by the affirmative vote of at least four members of the City Council by roll call. This section does not apply to a budget amendment ordinance.
[Amended 6-5-2023 by Res. No. 293]
B. 
All resolutions and ordinances shall be attested by the Director of Administration and ordinances shall be delivered to the Mayor within five (5) days after passage for Mayoral approval or veto. The Mayor shall have fourteen (14) days after delivery to approve or veto an ordinance, and where the Mayor vetoes an ordinance, written reasons for the veto shall accompany the veto message delivered to the City Council.
C. 
The City Council can override the veto with five (5) affirmative votes in favor of the ordinance at the next regularly scheduled City Council meeting after the delivery of the veto message. If the veto is overridden or if the Mayor fails to act within fourteen (14) days of delivery, the ordinance shall be treated as if it had been approved by the Mayor.
D. 
Any resolution or ordinance not enacted within one hundred eighty (180) days after its introduction shall be deemed to have failed.
[Amended 3-23-1999 by Res. No. 170; 2-8-2002 by Res. No. 235; 5-1-2006 by Res. No. 259]
A. 
The Mayor shall immediately notify the President of the City Council and the Director of Administration of any temporary absence or disability and the expected duration thereof, that would prevent the performance of the official duties of Mayor. In the event of such temporary absence or disability and when official business of the City requires that the Mayor act, the President of the City Council shall temporarily vacate the position as President of the City Council, and all voting rights therewith, and assume all of the duties of the Mayor. In the event that the elected Mayor is unable to return to office, resigns, has died or been removed from office, the President of the City Council acting as interim Mayor, upon taking the oath of office, shall immediately succeed to the office of Mayor of the City until the next mayoral election.
B. 
Upon the succession of the Council President to the office of Mayor, the remaining Council members shall immediately elect a new Council President by a majority roll call vote. The vacant Council seat created by the succession of the Council President to the office of Mayor, shall then be filled in accordance with Section 57 of this Charter.
[Amended 2-23-1999 by Res. No. 171; 1-20-2026 by Res. No. 306]
The City Council shall have six (6)members. To qualify as a member, one must be at least twenty-five (25) years of age, a citizen of the United States for at least two (2) years, a qualified City voter at the time of filing for office, and a resident of the City of Havre de Grace for not less than two (2) years immediately preceding the election date.
[Amended 3-23-1999 by Res. No. 172; 4-25-2000 by Res. No. 206; 10-1-2001 by Res. No. 228]
A. 
The qualified City voters on the first Tuesday in May in the Year 2000 shall elect three (3) City Council members for a term of two (2) years beginning the third Monday in May, 2000 and ending the third Monday in May, 2002, to fill the vacancies caused by the expiration of the three (3) terms ending on the third Monday in May, 2000.
B. 
The qualified City voters on the first Tuesday in May the Year 2001 shall elect three (3) City Council members for term of (2) years, beginning the third Monday in May, 2001 and ending the third Monday in May, 2003, to fill the vacancies caused by the expiration of the three (3) terms ending on the third Monday in May, 2001.
C. 
Each year thereafter on the first Tuesday after the first Monday in May, the qualified City voters shall vote and elect three (3) City Council members to two-year terms.
[Amended 2-23-1999 by Res. No. 173; 1-17-2017 by Res. No. 280]
Council members shall receive an annual salary as set forth from time to time by an ordinance passed by the City Council in the regular course of business. Any proposed change to the salary of the City Council requires voter approval at a regular City election and is effective at the beginning of the next fiscal year.
[Amended 2-23-1999 by Res. No. 174; 3-20-2006 by Res. No. 255]
Newly elected members of the City Council shall take the oath of office and begin their term on the third Monday in May. During the City Council meeting on the third Monday in May each year, the Council members shall elect one member to be President of the City Council. Thereafter the City Council shall at all times designate one of its members to act as President of the City Council during any absence of the elected President of the City Council.
[Amended 2-23-1999 by Res. No. 175]
The newly elected President of the City Council shall promptly appoint a chairperson and the members to each of the committees of the City Council.
[Amended 3-23-1999 by Res. No. 176]
The members of the City Council after a hearing shall at all times judge whether any member of the City Council or the Mayor meets all qualifications of their respective office as set forth in this Charter and under the laws of the State of Maryland or should otherwise be removed for cause.
[Amended 10-6-1999 by Res. No. 179; 9-2-2025 by Res. No. 304]
A. 
Any department head or non-elected officer established under the City Charter shall be nominated by the Mayor and confirmed by a majority vote of the City Council.
B. 
The Mayor is authorized to enter into, on behalf of the City, an employment contract for not more than three (3) years in duration and renewable in increments of not more than three (3) years with any department head or non-elected officer established under the City Charter, who is to be confirmed by a majority vote of the City Council pursuant to Subsection A above.
C. 
Any department head or non-elected officer established under the City Charter shall serve under the direction and at the pleasure of the Mayor and may be removed by the Mayor at any time, or by City Council by a vote of at least five in the affirmative in accordance with the requirements of the Local Government Article of the Maryland Annotated Code § 5-206(d), or other applicable state law. It shall not be a cause for removal if a Department Head or Officer is acting at the direction of the Mayor, so long as such Department Head or Officer is otherwise compliant with the City's Ethics Code. In the event a department head or a non-elected officer established under the City Charter is removed by the Mayor, City Council or vacates office, the Mayor may fill the vacancy in accordance with Subsection A of this section or appoint an acting director as provided in Charter Section 18C.
D. 
Any Department Head or Officer appointed by the Mayor and approved by the City Council shall serve at the pleasure of the Mayor and may be removed by the Mayor at any time unless otherwise specified in the City Charter or by state law.
[Amended 10-5-1999 by Res. No. 180; 5-1-2006 by Res. No. 256; 10-4-2010 by Res. No. 273; 10-16-2023 by Res. No. 296]
Beginning with the first meeting of July 2006, the Mayor and City Council shall regularly meet in the Council Room of City Hall on the first and third Monday of each and every month at 7:00 p.m. and shall remain in session so long as is necessary or desirable. The location and time of meetings of the Mayor and City Council may be changed by the Mayor through a declaration of a state of emergency or by the affirmative vote of at least four members of the City Council by roll call. In the event the location of a meeting of the Mayor and City Council is changed, a quorum of the City Council shall be present at the same physical location. Special meetings may be called at any time by the Mayor or by four members of the City Council. If a regular meeting falls on a holiday observed by the City, the meeting shall be held on the following Tuesday.
[Amended 10-5-1999 by Res. No. 181]
Exclusive of the Mayor or Presiding Officer four (4) members of the City Council constitute a quorum for the transaction of business.
[Amended 10-5-1999 by Res. No. 183]
A. 
Unless the meeting location or time has been changed in accordance with Section 28 of the City Charter, the Mayor and members of the City Council shall assemble in the City Council Chambers at the hour fixed for the meetings of the City Council. The Mayor or, if absent, the President of the City Council shall take the Chair and call the meeting to order.
[Amended 10-16-2023 by Res. No. 296]
B. 
The agenda and the order of business shall be determined by the Mayor after the consultation with the President of the City Council. Any member of the City Council may submit to the Council President any item(s) for placement on the agenda. Upon submission of any such item(s) the Council President shall deliver the item(s) to the Mayor for placement on the agenda.
C. 
The Council President may submit to the Mayor any item(s) for the placement on the agenda for any Council meeting. Upon receipt thereof the Mayor shall have the item(s) placed on the agenda.
D. 
The Mayor and City Council shall by resolution establish a deadline for the submission of items for placement on the agenda. The final version of the agenda shall be made available to the public and the Mayor and the City Council members by noon the Friday immediately preceding a regularly scheduled Council meeting.
[Amended 10-5-1999 by Res. No. 184]
The City Council shall have authority to formulate and carry out rules of order by resolution for its proceedings and be governed thereby. If no resolution adopting such rules exists, Robert's Rules of Order shall apply where not inconsistent with the Charter or any ordinance or resolution.
[Amended 10-5-1999 by Res. No. 185]
The City Council shall have power to pass all ordinances and resolutions, not contrary to the laws and Constitution of the United States and the State of Maryland, as they may deem necessary for good government and benefit of the City. The City Council may further assign to all officers named in this Charter such other and further duties not otherwise herein provided.
[Amended 10-5-1999 by Res. No. 186]
A. 
In addition to the state and county laws that the City shall employ or enforce, the City Council shall have the power to pass and create resolutions and ordinances not contrary to the laws and Constitution of the state related to the following subject matters; with the list intended to be illustrative and not a limitation:
Absentee landlords, administrative, advertising, air space, alcohol, amusements, animals and animals at large, annexation, appropriations, assessments, auctioneers, bands, bawdy houses, billboards and signs, bonds, borrowing, bridges, buildings, cemeteries, codification of ordinances, City property, community services, condemnation, construction, cooperative activities, curfew, dangerous improvements, dogs barking or inherently dangerous types, easements, emergency services, explosives and combustibles, filth, finances, fines and penalties, firearms and weapons, fire prevention, fishing, food, franchises, gambling, garbage, grants-in-aid, hawkers and peddlers, health, house numbers, inspections, jail, job creation, leasing, licenses, liens, lights, livability and housing, livestock, loitering, marinas, markets, museums, minor privileges, noise, nuisances, obstructions, open space, parades, parking or parking facilities, parking meters, parks and recreation, planning, police force, police powers, promenade, property, property acquisition, public attire, public transportation, public utilities, quarantine, recycling, refuse collection, regulations, revenue bonds, rights of way, sidewalks, sewers and sewer service, snow removal, special assessments, statements and reports, streets or public ways, sweepings, taxation and collection, taxicabs, urban renewal, vehicles, voting, wharves and piers, waterways and watercraft, water service, yacht basin, zoning.
B. 
The enumeration of powers in this section is not to be construed as limiting the powers of the City to the subjects mentioned or requiring that the City pass or create resolutions or ordinances concerning these subjects.
The Mayor and City Council shall have the power to levy and collect taxes in the form of special assessments upon property in a limited and determinable area for special benefits conferred upon such property by the installation or construction of water mains, sanitary sewer mains, stormwater sewers, curbs, and gutters, and by the construction and paving of public ways and sidewalks, or parts thereof, and to provide for the payment of all or any part of the above projects out of the proceeds of such special assessment. The cost of any project to be paid in whole or in part by special 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 City, and any other item of cost which may reasonably be attributed to the project.
[Amended 10-5-1999 by Res. No. 187]
Separate budgets for each utility or enterprise shall be included in the current expense and capital budgets prescribed by law, which shall include statements of revenue and expenses for the required fiscal years. The accounting system of each utility or enterprise shall conform to the generally accepted principles of utility or enterprise accounting and shall be kept on an accrual basis. The Mayor and City Council may, by motion, provide for the borrowing of such funds as may be necessary to meet temporary cash requirements of the City or to meet or provide for unexpected requirements for funds by the City, provided that notice of any such transfer shall be published for at least one week in one newspaper having general circulation in the City, and further provided that any funds so transferred shall be restored to the appropriate account in the next forthcoming budget from general funds appropriations.
[Amended 11-23-1999 by Res. No. 188; 4-25-2000 by Res. No. 207; 7-1-2002 by Res. No. 237; 4-2-2012 by Res. No. 274; 2-21-2017 by Res. No. 281; 6-5-2023 by Res. No. 293; 6-5-2023 by Res. No. 294; 3-2-2026 by Res. No. 307]
A. 
The City shall operate on an annual budget. The fiscal year shall begin on July first and end on the last day of June each year. The fiscal year constitutes the tax, budget and accounting year. On or before the first City Council meeting in June each year, the City Council shall set the City property tax rates and the City water and sewer rates by ordinances. In the ordinance setting the water and sewer rates, the Mayor and City Council shall adopt the basic rate charged for water service and sewer service in such a manner so that the basic rate charged for water service and sewer service shall cover the period of a minimum of three fiscal years.
B. 
The Mayor shall prepare the budget. The budget shall provide a complete financial plan for the fiscal year and shall contain estimates for anticipated revenues and proposed expenditures. Proposed expenditures will be presented by administrative department and shall be organized into three (3) main categories: personnel and benefit expenditures, nonpersonnel operating expenditures, and capital asset and capital project expenditures. The total of the proposed expenditures shall equal the anticipated revenues. Once presented to Council, the budget shall be considered a public record of the City.
C. 
A preliminary budget shall be submitted to Council. Once the preliminary budget has been submitted, the Mayor and City Council shall conduct a public work session. The public work session shall allow for interaction between the Council and Administration for the purpose of justifying needs. This shall be done on or prior to the second regularly scheduled Council meeting in May. Notice of the work session shall be made in a newspaper having general circulation in the City.
D. 
Upon review of the preliminary budget, the Council may insert new items or may increase or decrease the items of the budget. Any proposed change to the preliminary budget, which increases or creates a proposed expenditure, must include an increase to anticipated revenues by an equal or greater amount within the same fund or a reduction in another area to compensate for the proposed expenditure to the budget.
E. 
After Council review of the preliminary budget, the Mayor shall present the final budget to the Council in the form of an ordinance for a first reading no later than the first regularly scheduled Council meeting in June. A Public Hearing shall be held prior to the second reading and passage. The second reading must take place at a special Council meeting in June called for that purpose or at any regularly scheduled Council meeting in June, as determined by the Council President.
F. 
Funds not encumbered at the end of the fiscal year shall be directed to fund balance, considered anticipated revenue for the following fiscal year, or may be expended after passage of a budget amendment approved in the form of a budget amendment ordinance. No public money may be expended without having been appropriated by the budget ordinance or by the Council by a budget amendment. Budget amendments shall be in the form of an ordinance. Budget amendment ordinances may be passed after receiving public hearing and passed upon second reading. Budget amendment ordinances may be adopted on second reading at a meeting on the same date at which it received a public hearing. Interdepartmental transfers and transfers between the three (3) expenditure categories noted in Section 37B, including those within a department, can only be approved by the passage of a budget amendment ordinance.
G. 
The Director of Administration, or an officer or an employee under his direction, may expend money and/or enter into a contract for the purpose of obtaining goods or services that the City Council approved budget ordinance has appropriated for the respective fiscal year. No officer or employee of the City shall expend money that is not appropriated or contract or incur a liability for any purpose which would cause proposed expenditures to rise above anticipated revenues or would have required the passage of a budget amendment transfer prior to the expenditure, contract or liability. The Charter does not permit any such expenditure; contract or liability and the City may declare the same null and void. This section does not apply to the spending of money for the bonding of the capital improvements or contracts for leases or services that exceed the length of the budget year. The Mayor or the Directors established in the City Charter may establish administrative rules and procedures to carry out the provisions found in this subsection.
[Amended 11-23-1999 by Res. No. 189; 9-20-2004 by Res. No. 246; 11-16-2015 and 12-7-2015 by Res. No. 278[1]]
A. 
The Mayor and City Council may create or contract a debt chargeable to the City's General Fund during any calendar year not to exceed a total of five hundred thousand dollars ($500,000), but the total outstanding debt, including that now existing, shall at no time exceed one million dollars ($1,000,000) unless the consent of a majority of the legal voters cast at a general or special election held for that purpose be first had and obtained after 20 days' public notice by advertisement in one newspaper having general circulation in the City and posting in City Hall.
B. 
The limitations and conditions of this Section 38 shall not apply to any infrastructure project or the annual health insurance contract for City employees or any utility contract for the provision of energy for use by the City or the trash hauling contract for the City. The term "infrastructure project," as used herein, means any undertaking, project, or facility that is planned, acquired, owned, developed, constructed, reconstructed, rehabilitated, or improved by or on behalf of the Mayor and City Council of Havre de Grace in order to provide the essential physical elements that constitute the basis of the public service system. Infrastructure projects include, but are not limited to, streets, sidewalks, curbs, sewer and water systems, bridges, and public buildings that are owned by the Mayor and City Council of Havre de Grace or any of its agencies or instrumentalities.
[1]
Editor's Note: This resolution became effective 1-26-2016.
[Amended 11-23-1999 by Res. No. 190]
A. 
The Mayor and City Council is hereby authorized and empowered to borrow on the faith and credit of the City any sum or sums of money, for any public purpose, including the refinancing of any outstanding indebtedness, and may evidence such borrowing by the issuance and sale of its bonds, the terms and conditions of which and of their issuance and sale to be as the Mayor and City Council shall by ordinance prescribe, providing first, however, that said, bonded debt or debts be fully liquidated no more than twenty-five (25) years from the date of their issue and further providing that the assent of a majority of the legal voters cast at a general or special election held for that purpose be first had and obtained after twenty (20) days' public notice by advertisement in a newspaper having general circulation in the City. Said bonds may be sold at public sale or by private sale as the Mayor and City Council shall by ordinance provide.
B. 
The Mayor and City Council is further authorized and empowered at one time or from time to time to issue and sell its bond anticipation notes, in anticipation of the sale of its bonds, which notes shall be in an aggregate amount not greater than the authorized amount of the bonds in anticipation of the sale of which said notes are issued and sold, the principal of and interest on said notes to be made payable out of the first proceeds of sale of said bonds, or from the tax or other revenue which would have been available for the payment of said bonds and the interest thereon; provided that such bond anticipation notes shall not be issued and sold unless the issue and sale of the bonds in anticipation of the sale of which said notes are issued and sold shall have previously been approved as hereinabove provided, or shall otherwise have been authorized in accordance with law. The proceeds of sale of such notes, after payment therefrom of the expenses of the issuance thereof, shall be expended only for the public purposes for which said bonds are authorized, provided, however, that up to thirty-six (36) months interest on said notes, or any renewal thereof, may be paid from said proceeds, accounting from the initial date of issue thereof. Said bond anticipation notes shall be sold at public or private sale as the Mayor and City Council shall by ordinance provide. The issuance of any bond anticipation notes as herein provided shall not constitute the creation of floating debt within the meaning of any provision of this Charter.
The Mayor and City Council is hereby authorized and empowered to issue bonds, notes or other obligations, payable, as to both principal and interest, solely from, and secured solely by a pledge of and lien upon any one or more of the following: (1) the proceedings of grants, contributions or other aid received or to be received by the City from the United States of America, or the State of Maryland, or Harford County, Maryland, or any department or agency of any thereof, (2) any monies earned from the investment of such proceeds or from the investment of proceeds of the bonds, notes or other obligations herein authorized, and (3) the proceeds of any borrowing which the City may otherwise be authorized to undertake, including, but not limited to, borrowings that are authorized by and comply with Section 39 of this Charter. Such bonds, notes or other obligations shall not be general obligations of the Mayor and City Council of Havre de Grace and shall not be secured by any pledge of the faith and credit or the taxing power of the City. All of such bonds, notes or other obligations shall be issued by the Mayor and City Council pursuant to an ordinance of said municipality without the necessity of submitting the question of such issuance to the legal voters of the City for approval or disapproval, and said ordinance shall set forth the terms and conditions of said bonds, notes or other obligations and upon which said bonds, notes or other obligations shall be issued and sold. Said bonds, notes or other obligations may be sold at public sale or by private sale. The issuance of any bonds, notes or other obligations as herein provided shall not constitute the creation of floating debt within the meaning of any provision of this Charter.
The creation of any bonded indebtedness for the liquidation of any floating debt, in whole or in part, regardless of what portion of said bonded debt is to be used for any other purpose than discharging the floating debt, is strictly prohibited after January 1, 1942.
Both the notice by publication and the description on the ballots setting forth the purpose of such loan or loans shall be complete and described with reasonable particularity and no portion of the funds so authorized to be spent may be disposed of in any other manner.
No such proposition shall again be submitted to popular vote until at least six months have elapsed from the date of the election at which said proposition was disapproved.
No indebtedness created contrary to these provisions shall be enforceable for the collection of either interest or principal by the holder or holders thereof whosoever it, he or they may be; however, nothing herein shall prevent the City from contracting for the acceptance of prepaid capital cost recovery charges or contracting for the construction of capital facilities, and providing therein for crediting the value of said construction or prepayment to capital cost recovery charges which become payable in the future.
All ordinances heretofore passed by the Mayor and City Council of Havre de Grace and now in force and not in conflict with the provisions of this Charter will continue in force until the same are repealed or modified.
[Amended 11-23-1999 by Res. No. 191; 4-25-2000 by Res. No. 208; 2-8-2002 by Res. No. 232]
The Mayor and City Council of Havre de Grace, Maryland, shall establish the Department of Administration. The Mayor, with the approval of the City Council, in accordance with this Charter, shall hire a Director of Administration. The Director of Administration shall reside at a location such that the Director of Administration is continually available to meet the needs of the position in a timely manner. The employment of the Director of Administration shall begin as of the day of Council approval and such position shall be held until removal from office pursuant to this Charter, or upon resignation or death, and the Mayor, with the approval of the City Council, shall fill such vacancy. Any reference to "City Clerk," "Clerk," or City Manager contained in this Charter or in the Ordinances of the Mayor and City Council, whether now in force or hereafter enacted shall be construed to mean the Director of Administration.
[1]
Editor's Note: Former Section 47, Director of Administration: bond, amended 11-23-1999 by Res. No. 192; 2-8-2002 by Res. No. 235, was repealed 5-6-2024 by Res. No. 301.
[Amended 11-23-1999 by Res. No. 193; 4-25-2000 by Res. No. 209; 2-8-2002 by Res. No. 233]
A. 
The Director of Administration shall perform all the duties that are required under the laws of this state and the Charter and ordinances of the City. In addition to those duties prescribed elsewhere in the Charter or by ordinances, the Director of Administration shall perform such duties, under the direction of the Mayor, to promote the efficient administration of City affairs as related to the Department of Administration.
B. 
The Director of Administration shall be responsible for all matters relating to personnel, procurement, information technology, elections, public notices, leases, and the sale, transfer or conveyance of City property. The Director of Administration shall provide staff support and maintain liaison with the Board of Election Supervisors and the Ethics Commission and perform all other such duties as may from time to time be assigned.
[Amended 6-18-2007 by Res. No. 265; 9-16-2013 by Res. No. 276]
C. 
The Director of Administration shall ensure the proper implementation of resolutions and ordinances established by the Mayor and City Council. The Director of Administration shall assist in the development of policies and procedures to promote the efficient management of City resources, assist in the development and implementation of long and short range goals for approval by the Mayor and City Council, and assist in the development of the City budget.
D. 
The Director of Administration shall attend all meetings of the City Council and assure that accurate minutes of the proceedings are taken and kept as a permanent record of the same. The Department of Administration shall keep an accurate record of all property and assets and be the repository of all official documents and records of the City.
[Amended 11-23-1999 by Res. No. 194]
The Mayor with the approval of the City Council shall appoint a City attorney. The City Attorney shall have been a member of the bar of the Maryland Court of Appeals for three years preceding the appointment. The City Attorney is the legal adviser of the City and shall render the legal opinions for the City and perform such duties in this connection as may be required by the Council or the Mayor. The City Attorney's compensation shall be determined by the Council. The City has the power to employ such other legal consultants as is deemed necessary from time to time.
[Amended 11-23-1999 by Res. No. 195; 5-9-2000 by Res. No. 210]
The Mayor and City Council of Havre de Grace, Maryland, shall establish a Police Department. The Mayor, with the approval of the City Council, in accordance with this Charter, shall hire a Chief of Police. The Chief of Police shall reside at a location such that the Chief is continually available to meet the needs of the position in a timely manner. The employment of the Chief of Police shall begin as of the day of Council approval and such position shall be held until removal from office pursuant to this Charter, or upon resignation or death, and the Mayor, with the approval of the City Council, shall fill such vacancy.
[Amended 5-9-2000 by Res. No. 211]
A. 
The Chief of Police shall perform all the duties that are required under the laws of this state and the Charter and ordinances of the City. In addition to those duties prescribed elsewhere in the Charter or by ordinance, the Chief of Police shall perform such duties, under the direction of the Mayor, to promote the efficient administration of City affairs as related to the Police Department.
[Amended 2-8-2002 by Res. No. 234]
B. 
As the chief law enforcement officer of the City, the Chief of Police must enforce all City ordinances, preserve the peace and good order of the City and perform such other and further duties as may be assigned, and when properly sworn, shall have the City jurisdictional powers of a deputy sheriff for Harford County.
C. 
The Chief of Police is responsible for directing, managing and supervising all staff and resources of the Police Department. The Chief of Police shall develop long- and short-range plans and establish organizational goals. The Chief of Police is responsible for the overall operation of the Police Department to include the departmental budget.
[Amended 11-23-1999 by Res. No. 196; 5-9-2000 by Res. No. 212]
All regular or special police officers appointed or hired must enforce all City ordinances, preserve the peace and good order of the City and perform such other and further duties as may be assigned them and when properly sworn shall have the powers of a deputy sheriff for Harford County.
[Amended 5-9-2000 by Res. No. 213]
Before entering upon the discharge of their respective duties, each and every person required under any provision of this Charter shall first take and subscribe to the following oath of office, not otherwise herein provided for, before any Notary Public.
"I ________________________ do solemnly swear that I will fulfill the requirements of the office I am about to assume; that I will support the Constitution of the United States; 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 faithfully and impartially, without fear, favor or prejudice, discharge the duties of ____________________ for the City of Havre de Grace to the best of my ability."
[Amended 11-23-1999 by Res. No. 197; 5-9-2000 by Res. No. 214; 2-8-2002 by Res. No. 236]
All elected officials, Department Heads, all Police Officers, members of the City Election Board, the Ethics Commission, the Planning Commission, the Board of Appeals, the Historic District Commission, the Revolving Loan Committee and the Havre de Grace Housing Authority shall take the same prescribed oath before the Mayor and City Council. The Council may require others to do the same.
A book containing the oath taken and subscribed to by every elected and appointed officer of the City shall be kept and maintained for that purpose by the Mayor and City Council.
[Amended 12-21-1999 by Res. No. 198]
All officers, either by election or appointment, shall continue to hold, exercise and discharge the duties of their respective offices until they shall be replaced under the provisions of this Charter, or until their successors shall be duly qualified, and nothing contained herein shall be construed to interfere with the continuity of the term or tenure of any of said officers; nor shall a reappointment of any of said officers be necessary in order to secure the said continuity of their terms or tenure of office unless otherwise provided, except where covered by contract.
[Amended 3-20-2006 by Res. No. 258]
A. 
In the instance where any elected or appointed Council member shall fail to take the prescribed oath within 30 days of his or her election or appointment, or in the event of death, resignation, removal from office or the succession of the Council President to the office of Mayor, the Mayor within the next two regularly scheduled City Council meetings, or at a special City Council meeting called for that purpose, shall appoint a qualified person to complete the remaining term of the office vacated. Said appointment shall be confirmed by a majority of affirmative votes of the City Council members by roll call.
B. 
In the instance where there are less than 60 days remaining in the term of the vacant office, said office may remain vacant at the discretion of the remaining Council members, by a majority of affirmative votes by roll call.
[Amended 12-21-1999 by Res. No. 199; 2-8-2002 by Res. No. 235]
It shall be the duty of the Director of Finance to collect all taxes and revenues in accordance with all applicable provisions of law.
[Amended 12-21-1999 by Res. No. 200; 2-8-2002 by Res. No. 235]
The Director of Finance shall keep a full and complete record of all transfers of property made within the City. No transfer shall be recorded by the City unless all City taxes and other charges are paid in full.
[Amended 12-21-1999 by Res. No. 201; 2-4-2002 by Res. No. 231; 2-8-2002 by Res. No. 235; 12-17-2007 by Res. No. 266; 3-1-2010 by Res. No. 271]
The Mayor and City Council shall be authorized to establish and amend a credit toward taxation of real property for City purposes for the residence of member's real property, for the approved members of the City's Fire Department and Ambulance Corps and shall do so by passage of an ordinance appearing in the City Code. The amount and eligibility requirements of the tax credit shall appear in the City Code.
The Mayor and City Council are authorized and empowered to encourage the location and establishment of manufacturing industries and enterprises in the City and the growth and development of those already established therein and to provide annually by motion for the abatement of any or all taxes levied by their authority upon any mechanical tools or implements, machinery, manufacturing apparatus or engines, raw materials and stock, as well as all local real estate actually used and occupied for such manufacturing purposes owned by an individual, firm or corporation in the City which shall be actually employed and used in the business of manufacturing, provided that ten (10) or more local wage earners are regularly, for not less than forty (40) weeks in any year, employed by the person or corporation applying for such benefits. The Mayor and City Council are further authorized and empowered, for the purpose of inducing manufacturers and manufacturing enterprises to locate their works and plant within the City, by contract with the owners thereof to exempt for a term of years, not exceeding ten (10), for all municipal taxation of all such property, both real and personal, as may be actually used, occupied and employed for such said manufacturing purposes in the City. The Mayor and City Council are solely to determine what factories, manufacturing industries, establishments, plants and the like are within the meaning and purpose of this subtitle.
[Amended 5-9-2000 by Res. No. 215]
The Mayor and City Council of Havre de Grace, Maryland shall establish a Department of Public Works. The Mayor, with the approval of the City Council, in accordance with this Charter, shall hire a Director of Public Works. The Director shall reside at a location such that the Director is continually available to meet the needs of the position in a timely manner. The employment of the Director of Public Works shall begin as of the day of Council approval and such position shall be held until removal from office pursuant to this Charter, or upon resignation or death, and the Mayor, with the approval of the City Council, shall fill such vacancy.
[Amended 5-9-2000 by Res. No. 216]
A. 
The Director of Public Works shall perform all the duties that are required under the laws of this state and the Charter and ordinances of the City. In addition to those duties prescribed elsewhere in the Charter or by ordinances, the Director of Public Works shall perform such duties, under the direction of the Mayor; to promote the efficient administration of City affairs as related to the Department of Public Works.
[Amended 2-8-2002 by Res. No. 234]
B. 
The Director of Public Works, shall be responsible for fleet management and the yacht basin and marina, and all matters relating to the maintenance and operation of the City physical environments including but not limited to streets, water, waste water, sanitation, City facilities, related capital assets, construction management, maintenance and operation of the physical properties of the City and other duties as assigned. In addition, the Director shall set and implement departmental policies, develop and measure accomplishments of short- and long-range goals and is responsible for development and achievement of departmental costs and capital budgets. The Director develops bids, evaluates proposals, and oversees construction projects within the City.
[Amended 6-18-2007 by Res. No. 263]
The term "public ways" as used in this charter includes all streets, avenues, roads, highways, public thoroughfares, lanes and alleys.
[Amended 10-16-2023 by Res. No. 297]
The City has control of all public ways in the City, except such as may be under the jurisdiction of the Maryland State Highway Commission. Subject to the laws of the State of Maryland and this Charter the Director of Public Works, under the direction of the Mayor and subject to approved budget expenditures, may establish, operate and maintain in good condition the public ways of the City.
[Amended 10-16-2023 by Res. No. 297]
The Director of Public Works, under the direction of the Mayor and subject to approved budget expenditures, shall have the power to:
A. 
Establish, regulate and change from time to time the grade lines, width, and construction materials of any City public way or part thereof, bridges, curbs and gutters.
B. 
Grade, lay out, construct, open, extend, and make new City public ways.
C. 
Grade, straighten, widen, alter, improve, or close up any existing City public way or part thereof.
D. 
Pave, surface, repave, or resurface any City public way or part thereof.
E. 
Install, construct, reconstruct, repair, and maintain curbs and/or gutters along any City public way or part thereof.
F. 
Construct, reconstruct, maintain, and repair bridges.
G. 
Name City public ways.
H. 
Have surveys, plans, specifications, and estimates made for any of the above activities or projects or parts thereof.
[Amended 10-16-2023 by Res. No. 297]
The Director of Public Works, under the Direction of the Mayor and subject to approved budget expenditures, shall have the power to:
A. 
Establish, regulate, and change from time to time the grade lines, width, and construction materials of any sidewalk or part thereof on City property along any public way or part thereof.
B. 
Grade, lay out, construct, reconstruct, pave, repave, repair, extend or otherwise alter sidewalks on City property along any public way or part thereof.
C. 
Require that the owners of any property abutting on a sidewalk keep the sidewalk clear of all ice, snow, and other obstructions.
D. 
Require and order the owner of any property abutting on any public way in the City 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 City 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.
[Amended 10-16-2023 by Res. No. 297]
The Director of Public Works, under the Direction of the Mayor and subject to approved budget expenditures, shall have the power to:
A. 
Construct, operate and maintain a water system and water plant.
B. 
Construct, operate and maintain a sanitary sewerage system and a sewage treatment plant.
C. 
Construct, operate and maintain a stormwater drainage system and stormwater sewers.
D. 
Construct, maintain, reconstruct, enlarge, alter, repair, improve, or dispose of all parts, installations, and structures of the above plants and systems.
E. 
Have surveys, plans, specifications and estimates made for any of the above plants and systems or parts thereof or the extension thereof.
F. 
Do all things it deems necessary for the efficient operation and maintenance of the above plants and systems.
The Mayor and City Council may enact Ordinances providing for the regulations and control of waters and sewers. In addition, the Mayor and City Council may enter into contracts for the purpose of providing water and sewer services to new service areas. Such contracts may provide for advance payment of capital cost recovery charges, the construction of capital improvements to water and sewer facilities, and for crediting such advance payments and the value of such capital improvements to capital cost recovery charges which become payable in the future.
The City, by ordinance, may provide for the collection and disbursement of capital cost recovery charges for the purpose of recovering the capital cost of facilities needed to provide water and sewer service. Such charges may be collected on either a periodic basis or on the basis of a one time charge paid immediately prior to connection, or both. The City, by ordinance, may provide for one or more classes of users and one or more capital cost recovery districts. The capital cost recovery charge shall be uniform to each class of users throughout each district.
Henceforth the supervision over the Yacht Basin, the authority to regulate, control and prohibit its use and the navigation or anchoring of boats, rafts and floats therein, the authority to collect or impose reasonable rents or fees for its use sufficient to at least defray all obligations created by and through the Yacht Basin is hereby vested in the Mayor and City Council.
Whenever The Mayor and City Council of Havre de Grace authorizes the acquisition of any real property or interest therein for any public or municipal purpose, the Mayor shall proceed to acquire such property or interest therein by purchase or condemnation. All condemnation proceedings filed on behalf of the Mayor and City Council of Havre de Grace shall be authorized by ordinance and shall proceed in the manner prescribed by the laws of this state relating to eminent domain. A referendum is not required to authorize the acquisition of property or an interest therein.
The Mayor and City Council may, should the occasion arise, prescribe by ordinance such other and further regulations with regard to the acquisition of property not in conflict with the provisions of this Charter.
[Amended 1-4-2000 by Res. No. 204; 8-19-2002 by Res. No. 238; 5-5-2008 by Res. No. 268; 7-15-2024 by Res. No. 302]
A. 
Whenever the Mayor and City Council of Havre de Grace determines that any City-owned real estate or interest therein, other than utilities, is no longer needed for any public use, and authorizes the sale, transfer or conveyance of the same, it shall be offered for sale to the general public by sealed bid. The City Council shall, in the approving resolution, set all bid specifications, including any minimum bid amount.
B. 
A notice offering the general public the opportunity to place a bid on said real estate or interest shall be (i) published in a newspaper having a general circulation in the City and in such other publications as the City Council may choose, for at least three (3) consecutive weeks immediately prior to the deadline for the acceptance of bids, and (ii) posted at City Hall for three (3) consecutive weeks prior to the deadline for the acceptance of bids. The notice shall contain information concerning the bid process and bid specifications, including (i) any minimum bid and deposit requirement, (ii) how, where, and when to place bids, (iii) the date, time, and place of the opening of bids, (iv) the location of the real estate or interest, and (v) the legal description of the real estate or interest as recorded in the land records of Harford County. Said bids shall be sealed and filed by bidders with the Director of Administration.
C. 
All bids shall be opened and read aloud at City Hall on the date and time specified in the bid requests. The highest bid that meets all specifications shall constitute an acceptance of the City's offer to sell the subject real estate or interest, subject to all bid specifications and the conditions contained in this section.
D. 
Anything contained in this Section to the contrary notwithstanding, if it is determined by not less than five of the members of the City Council in the authorizing resolution to be in the best interest of the City, the City Council may (i) reject any and all bids if, in its opinion, it is in the best interests of the City to do, or (ii) waive the provisions of this Section pertaining to bid requirements and may authorize a sale by negotiated contract or a shortened notice schedule.
E. 
Unless the approving resolution expressly provides otherwise, the settlement or closing for the property or interest therein that is the subject of the sale, transfer, or conveyance shall take place within one (1) year from the date of the election approving the same.
F. 
Unless the approving resolution expressly provides otherwise, all City-owned real estate and interests therein shall be sold, transferred, and conveyed "as is" as to its title and physical condition.
G. 
The sale, transfer or conveyance of said real estate or interest therein shall occur only after approval of a majority of legal voters casting ballots at a general or special election held for that purpose. Public notice of proposed sale, transfer or conveyance and the election concerning same shall be made in a newspaper having general circulation in the City of Havre de Grace, published at least once a week for at least three (3) consecutive weeks immediately prior to the election. Notice shall also be publicly displayed at City Hall for three (3) consecutive weeks prior to the election. The notice shall include the following information: (i) the location of the real estate or interest, (ii) the legal description of the real estate or interest as recorded in the land records of Harford County, (iii) the current appraised value of the real estate or interest for tax purposes as determined by the Maryland State Department of Assessments and Taxation, (iv) the proposed purchase price, and (v) the proposed use of the real estate or interest.
H. 
Unless the time is extended by resolution of the Mayor and City Council for good cause in the exercise of its discretion, if the settlement or closing does not take place within one (1) year from the date of the election approving the subject sale, transfer, or conveyance, or in the event the purchaser fails to fulfill all bid requirements and the conditions contained in this Section, the authorizing resolution and any and all agreements, rights, obligations, and liabilities between the City and the proposed grantee for the sale, transfer, or conveyance of the subject property or interest therein shall thereupon be deemed terminated, extinguished, and of no further force or effect. If in the event all requirements as outlined in this Section have not been fulfilled, settlement or closing shall not take place.
I. 
A referendum shall not be required under the following circumstances:
(1) 
The sale, transfer or conveyance of any drainage or utility easement.
(2) 
The sale, transfer or conveyance of real estate by virtue of deeds and boundary line agreements which establish property lines and right-of-way lines.
(3) 
The sale, transfer or conveyance of real estate acquired in connection with the tax sales or the foreclosure of tax liens.
[Amended 12-21-1999 by Res. No. 205]
The Mayor and City Council shall have the authority to rent or lease any property belonging to the City, for a nonrenewable term of fifty (50) years or less. Any such lease shall be approved by the Mayor and City Council by resolution.
The Mayor and City Council may lease, sell, exchange or otherwise dispose of any electric light and power plant, water or gas works or any other utilities now owned or hereafter acquired and upon such terms and conditions as may prescribe, providing that such sale, lease, exchange or other disposition shall be first approved by the Public Service Commission of Maryland; and also providing that notice of such disposition and approval by the Public Service Commission shall then be advertised in two newspapers, if so many be published in said City, at least twice within fifteen (15) days after the date of order of approval of the Public Service Commission; and still further providing that at a general or special election held for that purpose after notice by publication thereof at least once a week for three (3) successive weeks in two newspapers, if so many be published in said City beginning on or after the date of ratification by the Public Service Commission, the majority of the voters casting their ballots at said general or special election shall then approve the said lease, sale, transfer, exchange or other disposition of said utilities.
[Amended 5-9-2000 by Res. No. 217]
Each year, in accordance with state law, the Mayor and City Council shall provide by ordinance or otherwise for an audit by a certified public accountant for the preceding fiscal year covering all receipts and disbursements of the City.
[Amended 7-5-2000 by Res. No. 220; 6-18-2007 by Res. No. 262]
The Mayor and City Council of Havre de Grace, Maryland shall establish a Department of Planning. The Mayor, with the approval of the City Council, in accordance with this Charter, shall hire a Director of Planning. The Director shall reside at a location such that the Director is continually available to meet the needs of the position in a timely manner. The employment of the Director of Planning shall begin as of the day of Council approval and such position shall be held until removal from office pursuant to this Charter, or upon resignation or death, and the Mayor, with the approval of the City Council, shall fill such vacancy.
[Amended 7-5-2000 by Res. No. 221; 2-8-2002 by Res. No. 234; 6-18-2007 by Res. No. 264]
The Director of Planning under the direction of the Mayor shall be responsible for:
A. 
All matters related to planning and zoning, land use, zoning and building code enforcement in the City;
B. 
Maintaining liaisons with county, state and federal agencies involved with planning activities;
C. 
Coordinating annexation activities;
D. 
Providing staff support and maintaining liaisons with various commissions within the City, including but not limited to:
(1) 
The Planning Commission.
(2) 
The Board of Appeals.
(3) 
The Historic District Commission.
E. 
Developing and implementing short- and long-range plans for the City.
F. 
Managing the daily operations and staff for the Department of Planning and prepare and maintain a departmental budget.
G. 
Such other duties as may, from time to time, be assigned.
[Amended 5-9-2000 by Res. No. 218]
The Mayor and City Council of Havre de Grace, Maryland, shall establish a Finance Department. The Mayor, with the approval of the City Council, in accordance with this Charter, shall hire a Director of Finance. The Director shall reside at a location such that the Director is continually available to meet the needs of the position in a timely manner. The employment of the Director of Finance shall begin as of the day of Council approval and such position shall be held until removal from office pursuant to this Charter, or upon resignation or death, and the Mayor, with the approval of the City Council, shall fill such vacancy.
[Amended 5-9-2000 by Res. No. 219]
A. 
The Director of Finance shall perform all the duties that are required under the laws of this state and the Charter and ordinances of the City. In addition to those duties prescribed elsewhere in the Charter or by ordinances, the Director of Finance shall perform such duties, under the direction of the Mayor, to promote the efficient administration of City affairs as related to the Department of Finance.
[Amended 2-8-2002 by Res. No. 234]
B. 
The Director of Finance, shall be responsible for all matters relating to the Department of Finance, under the direction of the Mayor and shall be responsible for all matters related to the financial business of the City, including but not limited to the following: provide monthly financial statements; provide monthly budget and cash reports; assist Directors in preparing annual budgets; prepare economic impact statements for capital projects; maintain amortization schedules for all notes receivable and payable; manage the investments of cash reserves; prepare county, state and federal financial reports; maintain written standard operating procedures for various accounting procedures; provide an expenditure list for each regularly scheduled Council meeting; and cooperate with the auditors for the annual City audit.
[Amended 2-8-2002 by Res. No. 234]
C. 
The Director of Finance is responsible for directing, managing and supervising all staff and resources of the Department of Finance. The Director of Finance shall develop long- and short-range plans and establish organizational goals. The Director of Finance is responsible for the overall operation of the Finance Department to include the departmental budget.
[Added 9-16-2013 by Res. No. 276;[1] amended 10-2-2023 by Res. No. 295]
The Mayor and City Council of Havre de Grace, Maryland shall establish a Department of Economic Development and Tourism. The Mayor, with the approval of the City Council, in accordance with this Charter, shall hire a Director of Economic Development and Tourism. The Director shall reside at a location such that the Director is continually available to meet the needs of the position in a timely manner. The employment of the Director of Economic Development and Tourism shall begin as of the day of Council approval and such position shall be held until removal from office pursuant to this Charter, or upon resignation or death, and the Mayor, with the approval of the City Council, shall fill such vacancy.
[1]
Editor's Note: This resolution also redesignated former Section 83 as Section 85.
[Added 9-16-2013 by Res. No. 276; amended 10-2-2023 by Res. No. 295]
The Director of Economic Development and Tourism under the direction of the Mayor shall be responsible for:
A. 
All matters related to the advancement or promotion of economic development and tourism in the City;
B. 
Maintaining liaisons with state and county elected officials and agencies involved with economic development and tourism activities and any related federal officials or agencies, including but not limited to contacts with Aberdeen Proving Ground;
C. 
Developing policies and programs to advance and promote private and public economic development and tourism opportunities in the City pertaining to industry, manufacturing, commerce, retail, banking, professional services, art, recreation, education, and the available natural resources of the Susquehanna River and the Chesapeake Bay;
D. 
Maintaining liaisons with various commissions or committees within the City;
E. 
Developing and implementing short- and long-range plans for economic development and tourism in the City;
F. 
Managing the daily operations and staff for the Department of Economic Development and Tourism which shall draft, promote and manage all public and private grants related to economic development and tourism in the City and prepare and maintain a departmental budget;
G. 
Such other duties as may, from time to time, be assigned by the Mayor.
If any one or more sections, clauses, sentences or parts of this Charter shall for any reason be questioned in any Court, and shall be adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions thereof but shall be confined in its operation to the specific provisions so held unconstitutional or invalid and the inapplicability or invalidity of any section, clause or provision of this Charter in any one or more instances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance.