Charter Amendment Resolution No. 50

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CHARTER AMENDMENT RESOLUTION NO. 50On September 20, 2018, the City Council of the City of Frostburg adopted pursuant to the authority of Section 4-304 of the Local Government Article of the Annotated Code of Maryland, “A RESOLUTION TO AMEND THE CHARTER OF THE CITY OF FROSTBURG (2001); Section 4-304 of the Annotated Code of Maryland requires that a complete and exact copy of this Resolution be continuously posted at the entrance to City Hall, Frostburg Maryland for forty days and that a “fair summary” of the proposed amendment be published in a newspaper of general circulation not less than four times, at weekly intervals within a period of at least forty days. That “fair summary” is provided by a complete copy of the program elements as included in the Resolution and as appears in this Legal Advertisement.  A complete and exact copy will be posted on the City web page and copies will be available at City Hall, 59 E. Main Street, during normal business hours. The Mayor and the City Council is hereby specifically directed to carry out the provisions of Section 4-304 hereof, regarding the giving of notice by posting and publication of this Resolution, approving the same, and as evidence of said compliance, the CityAdministrator shall cause to be affixed hereto a Certificate of Publication of the newspaper in which the summary of this Resolution shall have beenpublished, and the Mayor, if there is no Petition for a Referendum, shall declare the Charter Amendment made to be effective on the effective date herein provided for, which is December 7, 2018, by affixing his signature hereto in the space provided below the effective date hereof.This Resolution passed this 18th day of October 2018.   Frostburg Mayor and Council W. Robert Flanigan, Mayor John R. Kirby, Jr., City Administrator“A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF FROSTBURG, ADOPTED PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11-E OF THE CONSTITUTION OF THE STATE OF MARYLAND AND SECTIONS 4-301, ET SEQ., OF THE LOCAL GOVERNMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND PERTAINING TO THE AMENDMENT AND REPEAL OF MUNICIPAL CHARTERS, ENTITLED “A RESOLUTION TO REINSTATE THE AMENDMENTS TO THE CHARTER OF THE CITY OF FROSTBURG THAT WERE EFFECTED BY CHARTER AMENDMENT RESOLUTIONS 42, 43, 44, AND 45.”  SECTION 1: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FROSTBURG, that Section 1102.d of the Charter of the City of Frostburg is hereby repealed and reenacted with amendments to read as follows:d.  Hearing. Before any charge is levied, it shall be ratified by the Council. The City Administrator shall cause notice to be given stating the nature of the proposed project or improvement and the place and time at which all persons interested, or their agents or attorneys, may appear before the Council and be heard concerning the proposed special assessment. Such notice shall be given by publication of a copy of the notice at least once a week for three (3) successive weeks in a newspaper of general circulation in the City. The hearing shall be held at least ten (10) but no more than thirty (30) days after the publication of the notice.  The City Administrator shall present the Council with a certificate of publication at the hearing, which certificate shall serve as proof of the notice given. SECTION 2:  AND BE IT FURTHER RESOLVED, that Section 1202 of the Charter of the City of Frostburg is hereby repealed and reenacted with amendments to read as follows:The City may buy or accept as a gift any property it deems necessary for any public or municipal purpose, and may sell, lease, or otherwise dispose of any property belonging to the City. The City’s sale of any of its real or leasehold property must be preceded by twenty (20) days' public notice and is conditioned upon the Council’s determination that the property is no longer needed for public use. SECTION 3:    AND BE IT FURTHER RESOLVED, that Section 1305 of the Charter of the City of Frostburg is hereby abrogated.  SECTION 4:   AND BE IT FURTHER RESOLVED, that Section 1307(a) of the Charter of the City of Frostburg is hereby repealed and reenacted with amendments to read as follows:The Council may declare that a violation of a City ordinance shall be a municipal infraction, unless that violation is declared to be a criminal offense by State law or other ordinance, and affix penalties thereto not to exceed the maximum penalty for a municipalinfraction prescribed by State law. For purpose of this section, a municipal infraction is a civil offense.