Maryland Corporations - Municipal Section 13

Article - Corporations - Municipal

§ 13.

      (a)      The legislative body of the municipal corporation, by whatever name known, may initiate a proposed amendment or amendments to the municipal charter, by a resolution which, except as otherwise specified in this subtitle, is ordained or passed as in the usual course of considering resolutions in the government of the municipal corporation by a majority of all the persons elected to the legislative body.

      (b)      In conformity with a requirement imposed upon the General Assembly by Article III, § 29 of the Constitution of Maryland, the resolution shall contain the complete and exact wording of the proposed amendment or amendments, prepared so that the section or sections are set forth as they would read when amended or enacted. No charter and no section of a charter may be revised or amended by reference to its title or section only.

      (c)      In conformity with a requirement imposed upon the General Assembly by Article III, § 29 of the Constitution of Maryland, every charter amendment adopted by a municipal corporation shall embrace but one subject, and that shall be described in its title.

      (d)      The mayor or other chief executive officer of the municipal corporation, by whatever name known, shall give notice by posting and publication of any resolution which proposes an amendment or amendments to the municipal charter. A complete and exact copy of the resolution containing the proposed amendment or amendments shall be posted at the town hall or other main municipal building or public place for a period of at least forty days following its adoption.

      (e)      A fair summary of the proposed amendment or amendments shall be published in a newspaper of general circulation in the municipal corporation not less than four times, at weekly intervals within a period of at least forty days starting immediately after the date of the adoption of the resolution containing the proposed amendment or amendments.

      (f)      The amendment or amendments so proposed by the legislative body of the municipal corporation shall become and be considered a part of the municipal charter, according to the terms of the amendment or amendments, in all respects to be effective and observed as such, upon the fiftieth day after being so ordained or passed, unless on or before the fortieth day after being so ordained or passed there shall be presented to the legislative body of the municipal corporation, or mailed to it by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, a petition meeting the requirements of this section.

      (g)      The petition shall be signed by twenty per centum or more of the persons who are qualified to vote in municipal general elections of the particular municipal corporation and shall request that the proposed amendment or amendments be submitted on referendum to the voters of the municipal corporation. Each person signing the petition shall indicate thereon both his name and residence address. Upon receiving the petition for a referendum, the legislative body of the municipal corporation is directed to verify that any person who signed it is qualified to vote in its municipal general elections and shall consider the petition as of no effect if it is signed by fewer than twenty per centum of the persons who are qualified to vote in municipal general elections.

      (h)      If the petition for a referendum complies with the requirements of this section, the legislative body shall by resolution, passed as in its normal legislative procedure, specify the day and the hours for the election at which the question shall be submitted to the voters of the municipal corporation. This may be at either the next regular municipal general election or at a special election, in the discretion of the legislative body. In the event a special election is designated, it shall be held within a period of not less than forty days nor more than sixty days after the final passage of the resolution providing for the referendum. The resolution providing for the referendum shall specify the exact wording which is to be placed on the ballots or voting machines when the question is submitted to the voters of the municipal corporation.



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