[HISTORY: Adopted by the City of Havre de
Grace in 1878. Amendments noted where applicable.]
[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]
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 of the City for at least twenty-one (21) days
immediately preceding the election date.
[Amended 9-22-1998 by Res. No. 156]
Persons qualified to vote in City elections
shall be entitled to register to vote in accordance with the permanent
system of registration established and maintained by the Board of
Election Supervisors or its designee.
[Amended 2-23-1999 by Res. No. 157; 8-1-2005 by Res. No.
250]
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]
The Board shall be in charge of all aspects
of conducting City elections. The Board shall advertise election notices;
secure adequate accommodations 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 Mayor and City Council. The City shall pay for the valid expenses
and otherwise assist the Board in its duties.
[Amended 2-23-1999 by Res. No. 159]
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 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]
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 shall enact necessary rules and regulations
consistent with this Charter and ordinances for the accurate and valid
registration of voters, the registration of qualified candidates and
the conduct of 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]
A.
The Board of Election Supervisors shall maintain a
certification form, approved by the Mayor and City Council, and shall
distribute the form to the candidates for public office for completion.
The form shall require the candidate to furnish such information as
is necessary for the Board to determine if the candidate is qualified
to hold the public office. In any election, candidates may file for
and run for only one elected office in the City.
B.
The form shall be signed by the candidate under oath
and shall be accompanied by a nonrefundable and nontransferable filing
fee in the amount established by the Mayor and City Council. Candidates
shall file their forms along with the fee with the Director of Administration
or designee from the first Tuesday in March through the third Tuesday
in March during normal City business hours. The Director of Administration
shall deliver all of the forms timely received to the Board on the
Friday following the third Tuesday in March. Within ten (10) days
of the receipt of the forms, the Board shall notify those candidates
whose certificate of candidacy was rejected.
[Amended 2-23-1999 by Res. No. 162; 2-8-2002 by Res. No.
235]
Candidates may cause the withdrawal of their
certificate for candidacy by filing a notarized written request to
withdraw with the Director of Administration by the first Tuesday
in April. The Director of Administration or designee shall deliver
the request 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.
[Amended 2-23-1999 by Res. No. 163; 10-1-2001 by Res. No.
229; 4-20-2020 by Res. No. 287]
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. The date and time of the May 5,
2020, election may be temporarily suspended by executive order of
the Mayor until the Governor's state of emergency is lifted. If postponed,
the May 5, 2020, election shall be rescheduled on a Tuesday within
sixty (60) days of the lifting of the Governor's state of emergency,
with polls open during the above-mentioned times.
[Amended 2-23-1999 by Res. No. 164; 2-8-2002 by Res. No.
235]
The Board of Election Supervisors shall count
the votes cast immediately after the polls close and announce unofficial
election results. The Board shall count absentee ballots pursuant
to state law. The Board shall certify the election results to the
Director of Administration after the time for the receipt of any outstanding
absentee ballot has expired.
[Amended 2-23-1999 by Res. No. 165]
Ballots for City elections shall be prepared
by the Board of Election Supervisors 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]
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.
[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]
To qualify to be Mayor, one must be at least
twenty-five (25) years of age, a citizen of the United States for
ten (10) years, and 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. The Mayor shall promptly submit the names of
all candidates for appointed offices to the City Council President
for Council confirmation or rejection. Should any candidates be rejected,
the Mayor shall submit other names until all positions are filled.
[Amended 2-23-1999 by Res. No. 168]
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.
[Amended 3-20-2006 by Res. No. 253]
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. The
Mayor, after a hearing to consider charges of neglect or a violation
of duties of office, shall have the power to remove officers, with
the approval of the City Council and shall appoint others in their
stead, subject to the City Council approval. 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.
[Amended 2-8-2002 by Res. No. 235; 1-17-2017 by Res. No. 279; 10-2-2023 by Res. No. 295]
D.
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 D 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.
[Added 4-20-2020 by Res. No. 286]
[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]
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 ten (10) years, and 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]
A.
Any person hired for a position established by City
Charter, with the approval of the City Council, shall serve at the
pleasure of the Mayor. Such person's services shall be engaged only
by a written employment contract for not more than three (3) years
in duration and renewable in increments of not more than three (3)
years. Renewal of the contract or dismissal from such position shall
occur only at the direction of the Mayor, and approved by a majority
of the City Council. Termination of services of such person may also
occur when the employment contract in effect with such person is not
renewed, according to the terms of the contract, or upon resignation
or death.
B.
Pursuant to such renewal, dismissal, termination,
resignation or death, the position shall be declared vacant, after
which, as soon as possible, the Mayor shall propose a replacement,
and submit the name and qualifications together with the terms and
provisions of the proposed replacement's employment contract to the
City Council, for approval as evidenced by a majority vote of the
City Council.
[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. 182]
In the absence of both the Mayor and the President
of the Council, the Council members shall elect a presiding officer
for any particular meeting.
[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]
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.
[Amended 4-2-2012 by Res. No. 274]
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.
[Amended 2-21-2017 by Res. No. 281]
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 at the first regularly scheduled
Council meeting in June. A Public Hearing shall be held prior to the
second reading and passage at the second regularly scheduled Council
meeting in June.
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.
[Amended 2-21-2017 by Res. No. 281; 6-5-2023 by Res. No. 293]
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 6-5-2023 by Res. No. 294]
[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.
[Amended 11-23-1999 by Res. No. 192; 2-8-2002 by Res. No.
235]
Before entering upon the discharge of the duties
of the office, the said Director of Administration shall execute a
corporate bond to the Mayor and City Council of Havre de Grace the
premium for which shall be paid out of the City treasury.
[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 City may extend its water or sewerage systems
beyond the City limits.
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]
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.
J.
Upon the completion of any sale, transfer or conveyance of City real estate pursuant to this section, all net profits therefrom shall be held separate and apart from the general funds of the City and reserved for the exclusive use and purpose of acquiring or funding the condemnation of property or an interest therein for a public purpose pursuant to City Charter Section 73.
[Added 5-5-2008 by Res. No. 268]
[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;
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.
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.
