In addition to any other borrowing power which
the Town may presently have, from whatever source derived, and notwithstanding
any other provision or limitation of public general or public local
law, the Board of Commissioners shall have the power to borrow money
and incur indebtedness, from time to time, for any public purpose
and to evidence such borrowing and indebtedness by the issuance and
sale of its general obligation bonds, bond anticipation notes, refunding
bonds, tax anticipation notes, and the issuance of any other evidence
of indebtedness as hereafter provided.
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However, in issuing general obligation bonds,
bond anticipation notes, or refunding bonds, the Board of Town Commissioners
shall be further limited as follows:
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1.
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It shall issue no bonds, if, by the issuance
thereof, the total bonded indebtedness of the Town, less the amount
of sinking funds established for the retirement thereof, would exceed
six percent (6%) of the assessed value of all real and personal property
in said Town taxable for municipal purposes and,
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2.
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Except as herein provided specifically, the
Board shall issue no bonds, no certificate of indebtedness, no tax
anticipation notes, no bond anticipation notes or any other evidence
of indebtedness, if by the issuance thereof, the total indebtedness
of the Town on bonds, certificates of indebtedness, tax anticipation
notes, bond anticipation notes, or any other instruments of indebtedness,
shall exceed the annual income of the Town less all sinking funds
and interest requirements on all indebtedness previously incurred,
whether bonded or otherwise.
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The Board of Commissioners may issue notes of
indebtedness, bearing interest not to exceed in amount the annual
revenue of the Town, less the amount of all sinking funds previously
provided for, said notes and interest to be paid only from such revenue
and within one year from the date of their issue; and such notes may
be issued in pursuance of a resolution duly adopted without submitting
the question to a vote of the taxpayers.
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The Town of Bel Air may borrow from a financial
institution to obtain funds to purchase vehicles, other equipment,
furniture, and/or fixtures and may authorize the financial institution
making the loan to place a lien on any vehicle, other equipment, furniture
or fixture purchased from such funds to be used as collateral to secure
repayment of such loan.
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The Board of Commissioners may issue and sell
such general obligation bonds, bond anticipation notes, refunding
bonds, tax anticipation notes and other evidence of indebtedness of
the Town of Bel Air as may be authorized by this Charter or the laws
of Maryland now or hereafter enacted, or both, in any commercially
reasonable manner, either by public or private sale, in accordance
with such terms as the Board of Commissioners shall, in its discretion,
determine by resolution.
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The Board of Commissioners may, in their general
discretion, submit the question of the issuance of general obligation
bonds to a referendum of the registered voters of the Town at either
the next regular Town election or at a special election duly called
and held for the purpose pursuant to the authority and in the manner
prescribed by this Charter. However, the Board of Commissioners shall
be required to submit any bond issue to referendum if, within ten
(10) days after the first publication of a resolution authorizing
any bond issue the Chairman of the Board of Commissioners shall be
served with notice signed by not fewer than one hundred (100) of the
registered voters of Bel Air advising that a petition for a referendum
on such bond issue is being circulated by one or more of the persons
signing said notice, and if, within thirty (30) days after the first
publication of a fair summary of the resolution, there shall be filed
with the Chairman of the Board of Commissioners a petition or petitions
requesting such a referendum signed by not fewer than twenty per cent
(20%) of the registered voters of the Town. Upon the filing of such
notice or petition, the Chairman of the Board of Commissioners shall
promptly submit the same to the Board of Election Judges for the purpose
of determining whether said notice or petition has been properly signed
as herein provided.
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To prohibit, suppress and punish within the
Town all vice, gambling and games of chance; prostitution and solicitation
thereof; common nuisances; all disorders, disturbances, annoyances,
disorderly conduct, obscenity, public profanity and drunkenness.
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The Chief of Police has the authority to designate
non-sworn and auxiliary police officers as "special enforcement officers."
The Chief of Police may assign "special enforcement" duties to the
auxiliary police and the non-sworn members of the Police Department,
which may include, but are not limited to:
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1.
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Issuance of municipal infractions and parking
violations.
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2.
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Traffic control and crowd control at public
events and at intersections within the Town limits.
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3.
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Rendering emergency services during natural
disasters, floods, snowstorms and searches for missing persons.
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4.
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Assisting in the performance of administrative
duties, such as collecting fines and dispatching police response.
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1.
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Traffic control and crowd control at public
events and at intersections within the Town limits.
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2.
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Rendering emergency services during natural
disasters, floods, snowstorms and searches for missing persons.
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3.
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Assisting in the performance of administrative
duties, such as collecting fines and dispatching police response.
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The Board of Commissioners may acquire real,
personal or mixed property within the corporate limits of the Town
for any public purpose by purchase, gift, bequest, devise, lease,
condemnation or otherwise and may sell, lease or otherwise dispose
of any property belonging to the Town. All municipal property, funds
and franchises of every kind belonging to or in the possession of
the Town (by whatever prior name known) at the time this Charter becomes
effective are vested in the Town, subject to the terms and conditions
thereof.
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The Board of Commissioners shall have the power
to condemn property of any kind, or interest therein, or franchise
connected therewith, in fee or as in easement within the corporate
limits of the Town for a public purpose. Any activity, project or
improvement authorized by the provisions of this Charter or any other
State law applicable to the Town shall be deemed to be public purpose.
The manner of procedure in case of any condemnation proceedings shall
be that established by the laws of Maryland.
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The Board of Commissioners shall have the power
to acquire, to obtain by lease or rent, to purchase, construct, operate
and maintain all buildings and structures it deems necessary for the
operation of the Town Government.
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The Board of Commissioners shall have the power
to do whatever may be necessary to protect Town property and to keep
all Town property in good condition.
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The Board of Commissioners shall have control
of all public ways in the Town including streets, avenues, roads,
highways, public thoroughfares, lanes and alleys, except such as may
be under the jurisdiction of the Maryland State Highway Administration.
Subject to the laws of the State of Maryland and this Charter, the
Town may do whatever it deems necessary to establish, operate and
maintain in good condition the public ways of the Town.
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The Board of Commissioners shall have the power:
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1.
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To establish, regulate and change from time
to time the grade lines, width and construction materials of any Town
public way or part thereof, bridge curbs and gutters.
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2.
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To grade, layout, construct, open, extend and
make new Town public ways.
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3.
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To grade, straighten, widen, alter, improve
or close up any existing Town public way or part thereof.
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4.
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To pave, surface, repave or resurface any Town
public way or part thereof.
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5.
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To install, construct, reconstruct, repair and
maintain curbs or gutters along any Town public way or part thereof.
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6.
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To construct, reconstruct, maintain and repair
bridges.
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7.
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To name Town public ways.
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8.
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To have surveys, plans, specifications and estimates
made for any of the above activities or projects or parts thereof.
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9.
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To erect traffic control devices within the public right of
way to maintain the safe and efficient flow of motor vehicles, bicycles,
and pedestrians.
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Whenever the Board of Commissioners shall deem
it necessary that any street, alley, road or sidewalk within the limits
of the said Town shall be opened, widened, narrowed, straightened,
drained, paved, repaired, extended or closed, in whole or in part,
the full value of all private property required and taken for such
use, together with the damage to the remaining property of the respective
owners, shall be assessed by the Board of Commissioners, on a day
named in the ordinance authorizing said improvements, of which the
five (5) days' notice, either by personal service or registered letter;
the said Board of Commissioners, at the time it accesses the aforementioned
values and damages, shall also ascertain and determine what amount
of special benefits, if any, will accrue to the remaining property
of the owners of the land so taken adjacent to where said improvements
are to be made, but in no case shall said benefits exceed the value
of the land so taken; after determining the value of the land of the
respective property owners so taken and the special benefits, if any,
to accrue, as aforesaid, which decision as to the values and the amount
offered shall be recorded among the records of the Town of Bel Air
by the Clerk. If the owner or owners of any land so taken shall be
aggrieved by such action of the Board of Commissioners, such owner
or owners shall be entitled to an appeal at any time within ten (10)
days after the decision of the Board of Commissioners shall be recorded
as aforesaid, and a copy thereof served upon such property owner or
owners either by personal service or by registered letter; such appeal
shall be to the Circuit Court for Harford County.
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The Board of Commissioners 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,
water storage or treatment facilities, sanitary and/or storm sewers,
bridges, 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 Town, and any other item
of cost which may reasonably be attributed to the project.
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The procedure for special assessment, wherever
authorized in this Charter, shall be as follows:
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1.
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The cost of the project being charged for shall
be assessed according to the front foot rule or apportionment or some
other equitable basis determined by the Board of Commissioners.
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2.
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The amount assessed against any property for
any project or improvement shall not exceed the value of the benefits
accruing to the property therefrom, nor shall any special assessment
be levied which shall cause the total amount of special assessments
levied by the Town and outstanding against any property at any time,
exclusive of delinquent installments, to exceed twenty-five percent
(25%) of the assessed value of the property after giving effect to
the benefit accruing thereto from the project or improvement for which
assessed.
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3.
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When desirable, the affected property may be
divided into different classes to be charged different rates, but,
except for this, any rate shall be uniform.
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4.
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All special assessment charges shall be levied
by the Board of Commissioners by ordinance. Before levying any special
assessment charges, the Board of Commissioners shall hold a public
hearing. The Treasurer shall cause notice to be given stating the
nature and extent of the proposed project, the kind of materials to
be used, the estimated cost of the project, the portion of the cost
to be assessed, the number of installments in which the assessment
may be paid, the method to be used in apportioning the cost, and the
limits of the proposed area of assessment. The notice shall also state
the time and place at which all persons interested, or their agents
or attorneys, may appear before the Board of Commissioners and be
heard concerning the proposed project and special assessment. Such
notice shall be given by sending a copy thereof by mail to the owner
of record of each parcel of property proposed to be assessed and to
the person in whose name the property is assessed for taxation and
by publication of a copy of the notice at least once in a newspaper
of general circulation in the Town. The Treasurer shall present at
the hearing a certificate that shall be deemed proof of notice, but
failure of any owner to receive the mailed copy shall not invalidate
the proceedings. The date of hearing shall be set at least ten and
nor more than thirty (30) days after the Treasurer shall have completed
publication and service of notice as provided in this section. Following
the hearing, the Board of Commissioners, in their discretion, may
vote to proceed with the project and may levy the special assessment.
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5.
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Any interested person feeling aggrieved by the
levying of any special assessment under the provisions of this section
shall have the right to appeal to the Circuit Court for Harford County
within ten (10) days after the levying of any assessment by the Board
of Commissioners.
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6.
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Special assessments may be made payable in annual
or more frequent installments over such period of time, not to exceed
ten (10) years, and in such manner as the Board of Commissioners may
determine. The Board of Commissioners shall determine on what date
installments shall be due and payable. Interest may be charged on
installments at the rate to be determined by the Board of Commissioners.
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7.
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All special assessment installments shall be
overdue six (6) months after the date on which they became due and
payable. All special assessments shall be liens on the property and
all overdue special assessments shall be collected in the same manner
as Town taxes or by suit at law.
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8.
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All special assessments shall be billed and
collected by the Treasurer.
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