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ORDINANCE 0-19-89 AN ACT OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND REPEALING 0-16-88 AND RE-ENACTING AND ADOPTING A REVISION AND RECODIFICATION OF THE ORDINANCES OF THE CITY ENTITLED "THE CODE OF THE CITY OF BOWIE, MARYLAND, 1982" PROVIDING FOR THE REPEAL OF SAID ORDINANCES NOT INCLUDED THEREIN, AND FOR OTHER PURPOSES WHEREAS, it is the intent of the Council of the City of Bowie to formally adopt and enact as positive law, and conclusive evidence of the law, all Council legislation, ordinances and resolutions enacted as law on or before the effective date of this Ordinance, which have been compiled and codified in "The Code of the City of Bowie, 1989"; and WHEREAS, the Council of the City of Bowie adopted 0-16-88 which was intended to adopt and enact as positive law all the legislation, ordinances and resolutions enacted on or before April 18, 1988; and WHEREAS, it has come to the attention of the Council of the City of Bowie that the "Code of the City of Bowie 1988" adopted pursuant to 0-16-88 was incomplete; and WHEREAS, it is the intent of the Council to adopt and enact an all inclusive document as the "Code of the City of Bowie, 1989"; and WHEREAS, it is the further intent of the Council that the Code of the City of Bowie be updated and maintained on an ongoing basis; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bowie, Maryland, that it is the direction of the City Council that; Section 1. Ordinance 0-16-88 is hereby repealed and re-enacted as contained herein. Section 2. There is hereby adopted by the City Council that certain Code entitled, "The Code of the City of Bowie, Maryland, 1989" containing certain Ordinances of a general and permanent nature as compiled, consolidated, codified and indexed, an official copy of which Code has been and is now filed in the office of the City Manager, authenticated by the signatures of the Mayor, City Clerk and City Attorney, and by the Seal of the City Council of the City of Bowie, said Code being hereto attached and made a part hereof. Section 3. The provisions of said Code shall be in force and effect on and after the effective date of this Ordinance, and all Ordinances of a general and permanent nature in force on such date and not contained in such Code are hereby repealed from and after such date, except as hereinafter provided. Section 4. The repeal provided for in the preceding section of this Ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing prior to the effective date of this Ordinance; nor shall such repeal affect any Ordinance or Resolution not codified in the "Code of the City of Bowie, 1989" appropriating money, promising or guaranteeing the payment of money for the City, or authorizing the issue of any bonds, including revenue certificates of said City of any evidence of the City's indebtedness on a contract or obligation assumed by the City; nor shall such repeal affect the administrative ordinances or resolutions of the Council not in conflict or inconsistent with the provisions of such Code; nor shall it affect any right or franchise conferred by an ordinance or resolution of the City on any person or corporation; nor shall it affect any prosecution, suit or other proceeding pending on any judgment rendered on or prior to the effective date of this Ordinance. Section 5. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance and Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance or of the Code hereby adopted shall be declared unconstitutional, or otherwise invalid by the valid judgment or decree by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance or of the Code hereby adopted. Section 6. The City Manager shall arrange for the continuing codification, compilation and indexing of the legislative acts of the Council amending "The Code of the City of Bowie, 1989" as adopted from time to time. INTRODUCED, by the Council of the City of Bowie, Maryland, at a Regular Meeting on October 16, 1989. ADOPTED, this 6th day of November, 1989. ATTEST:
THE CODE OF THE CITY OF BOWIE, MARYLAND THE CHARTER AND THE GENERAL ORDINANCES
PUBLISHED BY ORDER OF THE BOWIE CITY COUNCIL PREFACE TO THE 1989 EDITION This volume, as originally published, constituted the second revision and codification of the general ordinances of the City of Bowie, Maryland since 1951. It contained the Charter and such of the ordinances of a general and permanent nature passed on or before December 1, 1968, as were found desirable for retention, except those expressly saved from repeal by the Adopting Ordinance. The quantity of amendments to the revised volume became so substantial that it was necessary for clarity to reprint the volume and incorporate the amendments. This 1989 edition, published by the City of Bowie, is an exact and faithful printing of the Code as adopted by ordinances subsequent thereto, through October 16, 1989. This printing is also an exact and faithful printing of the Charter amendments through and including October 16, 1989.
ADOPTION OF CODE ORDINANCE NO. 0-16-88 O R D I N A N C E AN ACT OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND ADOPTING A REVISION AND RECODIFICATION OF THE ORDINANCES OF THE CITY ENTITLED, "THE CODE OF THE CITY OF BOWIE, MARYLAND, 1982" PROVIDING FOR THE REPEAL OF SAID ORDINANCES NOT INCLUDED THEREIN AND FOR OTHER PURPOSES: WHEREAS, it is the intent of the Council of the City of Bowie to formally adopt and enact as positive law, and conclusive evidence of the law, all Council legislation, ordinances and resolutions enacted as law on or before June 1, 1988, which have been compiled and codified in "The Code of the City of Bowie, 1988"; and WHEREAS, it is the further intent of the Council that the Code of the City of Bowie be updated and maintained on an ongoing basis; BE IT ORDAINED AND ENACTED by the City Council of the City of Bowie, Maryland, and it is hereby ordained by the authority of same as follows: Section 1. There is hereby adopted by the City Council that certain Code entitled, "The Code of the City of Bowie, Maryland, 1988," containing certain Ordinances of a general and permanent nature as compiled, consolidated, codified and indexed, an official copy of which Code has been and is now filed in the office of the City Manager, authenticated by the signatures of the Mayor, City Clerk and City Attorney, and by the Seal of the City Council of the City of Bowie, said Code being hereto attached and made a part hereof. Section 2. The provisions of said Code shall be in force and effect on and after June 1, 1988, and all Ordinances of a general and permanent nature in force on such date and not contained in such Code are hereby repealed from and after such date, except as herein after provided. Section 3. The repeal provided for in the preceding section of this Ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before June 1, 1988; nor shall such repeal affect any Ordinance or Resolution not codified in the "Code of the City of Bowie, 1988" appropriating money, promising or guaranteeing the payment of money for the City, or authorizing the issue of any bonds, including revenue certificates of said City or any evidence of the City's indebtedness on a contract or obligation assumed by the City; nor shall such repeal affect the administrative ordinances or resolutions of the Council not in conflict or inconsistent with the provisions of such Code; nor shall it affect any right or franchise conferred by any ordinance or resolution of the City on any person or corporation; nor shall it affect any prosecution, suit or other proceeding pending on any judgment rendered on or prior to June 1, 1988. Section 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance and Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance or of the Code hereby adopted shall be declared unconstitutional, or otherwise invalid by the valid judgment or decree by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance or of the Code hereby adopted. Section 5. The City Manager shall arrange for the continuing codification, compilation and indexing of the legislative acts of the Council amending "The Code of the City of Bowie, 1988" as adopted from time to time. INTRODUCED, by the Council of the City of Bowie, Maryland, at a Regular Meeting on March 21, 1988. ADOPTED, this 18th day of April, 1988. ATTEST:
TABLE OF CONTENTS Part I The Charter
PART I THE CHARTER 1. Incorporation; body corporate. 2. To be filed in certain places. 3. Composition; election; terms of office. 4. Qualifications of councilmember. 5. Salary. 6. Meetings. 7. As judge of qualifications of its members. 8. Chairperson. 9. Quorum. 10. Procedure. 11. Vacancies. 12. Procedure for enacting ordinance. 13. Public records. 15. Qualifications. 16. Salary. 18. General Powers. 18A.Express Powers. 20. Fixing penalty for violations of ordinances. REGISTRATION, NOMINATION AND ELECTIONS 24. Removal of Board of Elections members. 25. Duties of Board of Election members. 28. Procedure for filing of candidacy 30. Election of councilmembers. 32A.Recall 33. Counting votes; declaring results. 35. Vacancies. 36. Power of council to regulate elections, etc. 37. Violations of election, etc., laws. 40. Bond. 42. Duty to prepare budget, etc. 43. Capital improvement program. 45. Appropriations. 47. Expenditures in excess of appropriations forbidden. 48. Lapse of unexpended appropriations. 51. Tax levy-Determination of amount. 52. Tax levy-Notice. 54. Sale of tax delinquent property. 55. Disposition of fees received by city officers and employees. 56. Annual audit of city accounts. 57. Tax anticipation borrowing. 60. Validity of bonds, etc., issued prior to effective date of Charter. 61. Purchasing and contracting. 63. City attorney. 65. Merit system. 66. Dual office holding prohibited. 68. Compensation. 69. Employee benefit programs. 72. City's powers as to public ways enumerated. 73. City's powers with respect to sidewalks. 75. Approval of plans by city prerequisite to construction, 76. Obstructing sewers, water mains. 77. Right of entry of city upon county public ways. 78. Sewer and water mains-Connections required, etc. 79. Sewer and water mains; connection charges. 80. Sewer and water mains; improper uses. 81. Private water, sewerage, etc. 82. Extensions of city water or sewerage system beyond city limits. 83. Right of entry by city employees. 84. Pollution of water prohibited. 85. Water contracts. 86. Charges for water, etc., service. 88. Procedure. 89. Establishment, taxes, administration. 90. Acquisition, possession and disposal. 91. Condemnation. 92. Oath of office. 93. Official bonds. 94. Prior rights and obligations. 95. Violations as misdemeanors or municipal infractions; penalty. 96. Effect of Charter on existing ordinances. 97. Severability. 98. Charter revisions procedures; miscellaneous. CHARTER FOR THE CITY OF BOWIE, MARYLAND GENERAL CORPORATE POWERS Sec. 1. Incorporation; body corporate. The inhabitants of the City of Bowie within the corporate limits legally established from time to time are hereby constituted and continued a body corporate by the name of "the City of Bowie" with all the privileges of a body corporate, by that name to sue and be sued, to plead and be impleaded in any court of competent jurisdiction, to have and use a common seal and to have perpetual succession, unless the charter and the corporate existence are legally abrogated. CORPORATE LIMITS Sec. 2. To be filed in certain places. The courses and distances showing the exact corporate limits of the city shall be filed at all times with the Clerk of the Circuit Court of Prince George's County, the Commissioner of the Land Office, and the Director of the Maryland Department of Legislative Reference. In addition, a copy of the courses and distances describing the corporate boundaries shall be on file in the City Manager. All the officials named in this section are hereby directed to file or record all such information so filed with them each in a suitable book or place, properly indexed and reasonably available for public inspection during normal business hours. THE COUNCIL Sec. 3. Composition; election; terms of office. All legislative powers of the City shall be vested in a council consisting of a Mayor and six Council members. Such Councilmembers shall be elected as provided in this Charter and shall hold office for a term of two years or until Councilmembers elected to succeed them take office. Except as provided in Section 35B, newly elected Councilmembers shall take office on the first Monday following an election. Sec. 4. Qualifications of Council members. Each Councilmember shall
be at least eighteen years of age, shall have resided in the City at least
one (1) year immediately preceding the date of election, shall be a qualified
voter in the City and shall not have been convicted of either a felony,
or been convicted of, or entered a plea, leading to a conviction of a
misdemeanor involving assault, battery, fraud or a crime of moral turpitude.
Each Councilmember shall be a resident of the council district which the
candidate seeks to represent at the time of filing for candidacy and during
the full term of office. (Sec. 4 amended by CAR-01-03, effective 2/5/04). A. This Subsection A. shall be effective until June 30, 2006. The Councilmembers shall receive an annual salary of eight thousand two hundred dollars. Councilmembers’ salaries shall not be increased during the term for which they are elected, except as provided below. The salaries shall be increased each year based on the Consumer Price Index (CPI) published by the U.S. Department of Labor. The CPI for January of each year shall be compared to the CPI for January, 1999 (the base year), and the relative percentage increase shall be calculated. The salary increment shall be 75% of the relative percentage increase. No decrease in the prior year’s salary shall be allowed, so if there is no CPI increase, the prior year’s salary shall continue in effect. B. Effective November 14, 2005, the Councilmembers shall receive an
annual salary of twelve thousand dollars. Councilmembers’ salaries shall
not be increased during the term for which they are elected, except as
provided below. Sec. 6. Meetings. Sec. 7. Council to be judge of qualifications of its members. The council shall be the judge of the election and of the qualifications, contained in sections 4 and 15, of its members. The Mayor shall serve as Chairperson of the Council. The Mayor may take part in all discussions, and may vote on all matters coming before the Council. At the first Council Meeting following each Regular City Election, the Council shall elect a Mayor Pro Tem to serve as the Chairperson of the Council in the absence of the Mayor. The term of the Mayor Pro Tem shall be until the next Regular City Election. In the event of the resignation of the Mayor ProTem or if the Mayor Pro Tem becomes the Mayor as provided for in Section 36(a) of this Charter, the Council shall elect a new Mayor ProTem at its next meeting to serve the balance of the term. A majority of the members of the Council shall constitute a quorum for the transaction of business. but no ordinance shall be approved without the favorable recorded votes of a majority of the of members elected to the entire Council. The Council shall determine its own rules and order of business. It shall keep a journal of its proceedings, including a record of votes on final action on any question, resolution, or ordinance, and any other action if requested by any one member. The journal shall be open to public inspection during normal business hours at City Hall. Vacancies in the Council shall be filled as provided in section 35 of this Charter. Sec. 12. Procedure for enacting ordinances. (a) No ordinance shall be passed at the meeting at which it is introduced. At any regular or special Council meeting held not less than six (6) nor more than sixty (60) days after the meeting at which an ordinance was introduced, it shall be passed, passed as amended, rejected, or its consideration deferred to some specific future date. In cases of emergency determined by the council, the waiting period requirement may be suspended by the unanimous vote of the members of the council who are present. (b) Except as set forth in subsection (C), every ordinance shall become effective at the expiration of thirty (30) calendar days following its passage by the council. (c)
(d) A summary of every ordinance excepting emergency ordinances shall be published at least once prior to the date of passage in a newspaper or newspapers having general circulation in the city. A summary of every ordinance, including emergency ordinances, shall be published at least once within ten (10) days after the date of passage in a newspaper or newspapers having general circulation in the City. All public records shall be permanently filed by the City Manager and shall be kept available for public inspection during regular business hours in accordance with State law and the retention schedule established by the City Manager. THE MAYOR Sec. 14. Election; term of office. The mayor shall be elected as provided in this Charter and shall hold office for a term of two years or until his successor is elected and sworn in. The newly elected Mayor shall take office on the first Monday following an election. The Mayor shall be at least eighteen years of age, shall have resided in the City for at least two years immediately preceding the date of election, shall be a qualified voter in the City and shall not have been convicted of a felony, or been convicted of, or entered a plea, leading to conviction of a misdemeanor involving assault, battery, fraud or a crime of moral turpitude. The Mayor shall maintain a permanent residence in the City during his term of office. (Sec. 15 amended by CAR-2-03, effective 2/5/04). The Mayor ‘s salary at the time of adoption of this Charter amendment is fifteen thousand two hundred dollars forty nine dollars ($15,249). The Mayor’s salary specified in this Charter shall not be increased during the term the mayor is elected, except as provided below.
(Sec. 16 amended by CAR-1-07, adopted 2/20/07.) The Mayor shall be recognized as the head of the City government for all ceremonial purposes, by the courts for serving civil process and by the governor for the purpose of military and emergency law. The Mayor shall have such other powers and perform such other duties as may be prescribed in this Charter or required of him or her by the Council, if not inconsistent with this Charter. CHARTER POWERS The Council shall have the power to pass all such ordinances not contrary to the Constitution and laws of the State of Maryland for the protection and preservation of the City's property, rights, and privileges; for the preservation of peace and good order; for securing protection and promotion of the health, safety, comfort, convenience, welfare, and happiness of the residents of the City and visitors. In addition to the powers which have been or may be granted to it, the Council shall have the power to pass ordinances, resolutions and regulations and to take any other action necessary to achieve the specific purposes enumerated in the remaining subsections of this section, subject to any restrictions imposed by the Public General Laws of the State, these specific purposes include: 1. ADVERTISING: To provide for advertising for City purposes, and for printing and publishing statements having to do with the business of the City. 2. AMUSEMENTS: To provide in the interest of the public welfare for licensing, regulating, or restraining public amusements. 3. ANIMALS: To regulate the keeping of animals, domestic or otherwise, and to provide for the licensing and taxing of them; to provide for the disposition of homeless animals, of animals on which no license fee or taxes are paid, of vicious animals and of impounded, unclaimed animals. 4. APPROPRIATIONS: To appropriate municipal funds for any lawful purpose. 5. AUDITS: To provide for the appointment of an auditor or accountant to audit the books and accounts of all City officers collecting, handling or disbursing funds belonging to the City. 6. BILLBOARDS: To license, tax and regulate, restrain or prohibit the erection or maintenance of billboards within the City, and the placing of signs, bills and posters of every kind and description on any building, fence, post, billboard, pole, or other place within the City. 7. BUILDING REGULATIONS: To make reasonable regulations concerning buildings and signs to be erected within the limits of the City, formulating a building code and the requirement for building permits. 8. CEMETERIES: To regulate or prohibit the interment of human bodies within the City and to regulate cemeteries. 9. CODIFICATION OF ORDINANCES: To provide for the codification of all ordinances. 10. COMMUNITY SERVICES: To provide, maintain, and operate selected community and social services for the preservation and promotion of the health, recreation, welfare, and enlightenment of City residents. 11. COOPERATIVE ACTIVITIES: To make agreements with other municipalities, Counties, Districts, Bureaus, Agencies, Commissions and Governmental authorities for the joint performance of or for cooperation in the performance of any governmental functions. 12. CORPORATE NAME: To change the corporate name of the City, provided that no such change shall affect any rights, duties or obligations held by the City, and provided that such change shall first be submitted to and approved by the qualified voters of the City at a regular or special municipal election. 13. CURFEW: To prohibit the youth from being on the streets and public places at unreasonable hours of the night. 14. DANGEROUS IMPROVEMENTS: To compel persons about to undertake dangerous improvements to execute bonds with sufficient sureties conditional that the owner or contractor will pay all damages resulting from such work which may be sustained by any persons or property. 15. DEPARTMENTS: To create, change, and abolish offices, departments, or agencies, other than offices, departments and agencies established by this Charter; to assign additional functions or duties to offices, departments, or agencies established by this Charter. These shall not include the power to discontinue or assign to any other office, department or agency any functions or duty assigned by this Charter to a particular office, department or agency. 16. EDUCATION: To assist educational programs within the City. 17. ELEVATORS: To require the inspection and licensing of elevators and to prohibit their use when unsafe or dangerous or without a license. 18. ENVIRONMENTAL CONTROL: To regulate the use of the environment. 19. EXPLOSIVES, COMBUSTIBLES AND OTHER WEAPONS: To control the use and handling of dangerous and explosive materials and to prevent the firing of any firearms or other explosive instruments. 20. FINANCES: To levy, assess and collect taxes; to expend municipal funds for any public purposes, and to have general management and control of the finances of the City. 21. FIRE: To prevent and suppress fires, and to establish and maintain a fire department. 22. FOOD: To inspect and, if deemed unsafe, to require the condemnation of and to regulate the sale of, any food products. 23. FRANCHISES: To grant and regulate franchises as provided by State law; to grant one (1) or more franchises for a community antenna system or other cable television system or telecommunications system that utilizes any public right-of-way, highway, street, road, lane, alley, or bridge; to grant any other franchises which may be deemed advantageous and beneficial to the City; to impose franchise fees, and to establish rates, rules, and regulations for franchises granted under this section. No franchise shall be granted for a period longer than fifty (50) years. 24. GARBAGE AND TRASH: To prevent the deposit of any unwholesome substance either on private or public property and to compel its removal to designated points; to require dirt, garbage, trash, liquids, ashes and other waste or other unwholesome materials to be removed to designated points and to provide for the proper disposal of such material, or to require the occupants of the premises to place them conveniently for removal. 25. GRANT-IN-AID: To accept gifts and grants of funds from Federal, State and County governments, or their agencies, or any bi-county agency; to expend the funds for any lawful purpose, according to the conditions under which the gifts or grants were made, and to expend money necessary to the applications and qualifications for such grants. 26. HAWKERS: To license, tax, regulate, suppress, and prohibit hawkers and itinerant dealers, peddlers, pawnbrokers, and all other persons selling any articles on the streets of the City, and to revoke such licensee for any action or threat of action by such a licensee in the course of his occupation which causes or threatens harm or injury to inhabitants of the City or to their welfare or happiness. 27. HEALTH: To protect and preserve the health of the City and its inhabitants; to appoint a public health officer, and to define and regulate his powers and duties; to prevent the introduction of contagious diseases into the City; to establish quarantine regulations; to authorize the removal and confinement of persons having contagious or infectious diseases; to prevent and remove all nuisances; and to inspect, regulate, and abate any buildings, structures or places which cause or may cause unsanitary conditions or conditions detrimental to health. 28. INSPECTIONS: To authorize and require the inspection of gas pipes, water pipes, plumbing apparatus, electric lines and wires and any other utility, carrier or device and drainage and sewage systems on private property, and to compel repairs if needed. 29. LICENSES AND PERMITS: To exercise the licensing authority granted in the Business Regulations Article of the State Code and other provisions of law, subject to the limitations of Article 24 of the State Code, the Tax-General Article and the Tax-Property Article; to establish and collect reasonable fees and charges for all franchises, licenses, or permits issued by the City, or associated with the exercise by the City of any governmental or propriety function. 30. LIENS: To provide that any valid charges, taxes, or assessments made against any real property by the City, within the City, shall be liens upon the property, to be collected as municipal taxes are collected. 31. LIGHTS: To provide for the lighting of the City; to regulate private lighting to prevent it from becoming a nuisance or disturbing the privacy of other citizens. 32. MINOR PRIVILEGES: To regulate or prevent the use of public ways, sidewalks, and public places for signs, awnings, posts, steps railings, entrances, racks, posted handbills and advertisements, and display of goods, wares, and merchandise. 33. NOISE: To establish rules and regulations for the abatement of noise. 34. NUISANCES: To prevent or abate by appropriate ordinances all nuisances in the City which are so defined by common law, by this charter, or by the laws of the State of Maryland, whether or not they are specifically listed in this Charter. 35. OBSTRUCTIONS: To remove all nuisances and obstructions from the streets, lanes, and alleys and from any adjoining lots, or other places within the City limits. 36. PARKING FACILITIES: To license and regulate and to establish, obtain by purchase, by lease or by rent, own, construct, operate, and maintain parking lots for off-street parking. 37. PARKING METERS: To install parking meters on the streets and public places of the City in such places as the Council determines and to prescribe rates and provisions for their use. 38. PARKS AND RECREATION: To establish and maintain public parks, gardens, playgrounds, and other recreational facilities and programs to promote the health, welfare, and enjoyment of City residents 39. POLICE: To establish and maintain adequate police protection. 40. PURCHASES THROUGH PURCHASING BUREAU: To provide for the purchase of materials, supplies, and equipment through the Purchasing Bureau of the State Department of General Services whenever desirable. 41. REGULATIONS: To adopt by ordinance and enforce within the corporate City limits police, health, sanitary, fire, building, plumbing, traffic, speed, parking, and other similar regulations not in conflict with the laws of the State of Maryland or with this Charter. 42. SEAL: To make, have and use, and from time to time, alter, a common seal. 43. SPECIAL ELECTIONS: To provide for special elections for municipal purposes, at such times, and places as may be determined, subject to the provisions of this Charter. 44. VEHICLES: To regulate and license vehicles in a manner not in conflict with the licensing powers of the State of Maryland. 45. ZONING: To exercise the planning and zoning powers conferred upon municipal corporations generally or to the City specifically. 46. SAVING CLAUSE: The enumeration of powers in this section shall not be construed as limiting the powers of the City to the subjects mentioned. The Council may enact all ordinances necessary to carry out the powers granted in this Charter. All powers of the city shall be exercised in the manner prescribed by this Charter, or, if the manner is not prescribed, in such manner as may be prescribed by ordinance. Sec. 20. Fixing penalty for violations of ordinances. To ensure compliance with the ordinances of the City, the Council shall have the power to provide that a violation shall be a misdemeanor or a municipal infraction, unless the violation is declared to be a felony or misdemeanor by State law. The Council shall have the power to affix penalties of a fine for the violation of an ordinance. The penalty for a misdemeanor shall not exceed a fine of one thousand dollars ($1,000) per infraction and/or imprisonment for six (6) months. A penalty for a municipal infraction shall not exceed one thousand dollars ($1,000) per infraction. The council may provide that a judgment or conviction for an offense shall not bar a subsequent enforcement procedure for a continuation of the same offense. subsequent to the first or any succeeding conviction. VOTER REGISTRATION, FILING OF CANDIDACY AND ELECTIONS Sec. 21. Qualification of voters. Every person who is registered to vote with the Prince George’s County Board of Elections and resides within the corporate limits of the City, shall be a qualified voter of the City and shall be entitled to vote in all City elections. A. For City purposes, the City of Bowie is divided into four (4) council election districts, substantially equal in population. The Council shall establish, by ordinance, the geographical area of the council districts. B. The Council shall reevaluate and reestablish the boundaries of the council districts, if necessary, to achieve substantial equality of population as soon as practicable following the publication of each decennial census of the population of the United States. C. Any ordinance enacted by the City of Bowie for purposes of establishing the council districts shall be effective forty-five (45) calendar days after enactment unless the ordinance is petitioned to referendum pursuant to paragraph D. D. Any ordinance enacted pursuant to this section shall be subject to referendum provided that a proper petition signed by twenty percent (20% of the registered voters within the City is filed with the City Clerk within thirty (30) calendar days of the ordinance’s date of adoption. E. If a proper referendum petition is filed, the City Council, by resolution, shall set the time and date for submission of the ordinance to City voters. The referendum shall be conducted by the City’s Board of Elections in the same manner, as far as practicable, as regular city elections. F. The Council shall assign any geographical area annexed into the corporate limits of the City of Bowie to the appropriate Council district. (Sec. 22 amended by CAR-2-01, adopted 12/3/01, effective 1/22/02). There shall be a Board of Elections, consisting of nine members and four alternates who shall be appointed by the Council on the third Monday in November or as soon thereafter as practicable, of every even numbered year. The alternates shall be bound by all of the applicable provisions of this Charter and shall attend all meetings of the Board. If a member of the Board is absent or incapacitated for any reason, an alternate shall serve in that member's place until the absence or incapacity has ceased. The acting member shall have all the powers and authority, including the right to vote, and be subject to the duties imposed on a member of the Board of Elections. The terms of the members and alternates shall begin on the third Monday in November in the year in which they are appointed and shall expire on the third Monday in November of the second year following their appointment, but not until their successors have been appointed. Board members and alternates shall be qualified voters of the City and shall not hold or be candidates for any elective office during their term of office. The Board shall appoint one of its members as chairman. Vacancies on the board shall be filled by the City Council for the remainder of the unexpired term. Compensation for Board members and alternates shall be determined by the Council. (Sec. 23 of the City Charter amended by CAR-1-08, adopted 3/3/08, effective 4/22/08.) Sec. 24. Removal of Election Board Members Any member of the Board of Elections may be removed for good cause by the Council. Before removal, the member of the Board of Elections to be removed shall be given a written copy of the charges against him or her. If the Board member requests a public hearing within ten (10) days after receiving a written copy of the charges, the Council shall conduct such a hearing.. Sec. 25. Duties of the Board of Elections. The Board of Elections shall be in charge of the registration of voters, and all city elections. The board may appoint election judges or other employees to assist it in its duties. The Board of Elections shall give at least two weeks notice of every City election by an advertisement published in at least one newspaper of general circulation in the city and by posting election notices in public places in the City. The Council shall provide by Ordinance for the registration procedures for those voters who wish to vote only in City elections. Sec. 28. Procedure for filing of candidacy. Persons may seek elective office in the City by filing a certification of candidacy and by the payment of a twenty-five dollar ($25) filing fee with the Board of Elections or its designated agent at least thirty (30) calendar days prior to the date of election and by the observance of such other requirements as may be imposed by ordinance. The certificate of candidacy shall contain the following: (1) the office which the candidate is seeking, (2) the name and signature of the candidate, (3) the Council district in which the candidate resides. No person shall file for more than one elective public office or hold more than one elective public office at any one time. On the first Tuesday after
the first Monday in April in every even-numbered year through the election
in 2002 and thereafter on the first Tuesday after the first Monday in
November in every odd-numbered year beginning in 2005, one person shall
be elected at large to serve as Mayor. (Sec. 29 amended by CAR-2-01,
adopted 12/3/01, effective 1/22/02). On the first Tuesday after the first Monday in April in every even-numbered year through the election in 2002 and thereafter on the first Tuesday after the first Monday in Novem er in every odd-numbered year beginning in 2005, four persons respectively from Council Districts 1,2,3, and 4 shall be elected by the duly qualified and registered voters of said District and two persons from any Council District shall be elected at large. (Sec. 30 amended by CAR-1-01 adopted 9/18/01, effective 11/7/01 and CAR-2-01, adopted 12/3/01, effective 1/22/02). Sec. 31. Conduct of elections. A. Nonpartisan elections All municipal elections in the City shall be conducted on a nonpartisan basis, and no ballot shall carry any party affiliation. It shall be the duty of the Board of Elections to provide for each special and general election a suitable place or places for voting and suitable ballot boxes and/or voting machines in each Council district. The ballots and/or voting machines shall show the name of each candidate nominated for elective office in accordance with the provisions of the Charter, arranged in alphabetical order by office with no other designation of any kind. The polls shall be open from 7:00 a.m. to 8:00 p.m. on election days or longer if the Council requires it. B. Absentee ballots Any qualified voter registered to vote in a City election is entitled to vote in the City election by absentee ballot. The Council shall establish by ordinance procedures for voting by absentee ballot. All special city elections shall be conducted by the board of supervisors of elections in the same manner and with the same personnel, as far as practicable, as regular city elections. Sec. 32A. Recall Sec. 33. Counting votes; declaring results After the closing of the polls, the board of supervisors of elections shall determine the vote cast for each candidate or question and shall certify the results of the election to the City Manager who shall cause the results to be recorded in the minutes of the Council. The candidate for Mayor with the highest number of votes shall be declared elected as Mayor. The candidate for Councilmember for each Council district with the highest number of votes shall be declared elected as Councilmember. Sec. 34. Preservation of ballots All ballots and records used in any city election shall be preserved for at least six months from the date of the election. A. If a vacancy in the office of Mayor occurs less than fifteen (15) months prior to the next election, the Mayor Pro Tem shall become Mayor until the next regular election, and the Council vacancy thus created shall be filled as provided in this Charter. If the Mayoral vacancy occurs fifteen (15) months or more prior to the next regular election, the Council shall call a special election to be held not less than sixty (60) nor more than ninety (90) days following the occurrence of the vacancy. The Mayor Pro Tem shall act as Mayor until the special election. The person elected at the special election shall serve until the next Regular Election. B. If a vacancy on the Council occurs less than fifteen (15) months prior to the next regular election, the council shall appoint a person qualified in accordance with section 4, and who resides in the election district in which the vacancy occurred, to fill such vacancy until the next regular election. The appointment shall require the favorable votes of a majority of the remaining Councilmembers. The vote shall be recorded in the Council minutes. If the vacancy occurs fifteen (15) months or more prior to the next regular election, the council shall call a special election to be held not less than sixty (60) nor more than ninety (90) days following the occurrence of the vacancy. The person elected at the special election shall serve until the next Regular Election. Sec. 36. Power of Council to regulate elections, etc. The Council shall have the power to provide by ordinance in every respect not covered by this Charter or State or County law for the conduct of voter registration, filing for office, City election procedures, including the prevention of fraud, and for a recount of ballots in case of doubt or fraud. Sec. 37. Violations of election, laws. Any person who (a) fails to perform any duty required of him or her under the provisions of this subtitle or any election ordinances, (b) willfully or corruptly violates any of the provisions of this subtitle or any election ordinances, or (c) willfully or corruptly does anything which will tend to affect fraudulently any voter registration, filing for office, or City election, shall be guilty of a misdemeanor. Any officer or employee of the city government who is convicted of a misdemeanor under the provisions of this section shall immediately upon conviction be removed from such office or employment. CITY MANAGER Sec. 38. Appointment and removal. There shall be a City Manager appointed by the Council. He or she shall serve at the pleasure of the Council and his or her compensation shall be determined by the Council. The City Manager may be removed by a majority vote of the entire Council; but that removal shall not become effective until at least thirty (30) days after written notice of removal be issued. The Council shall appoint or designate an Acting City Manager if the City Manager’s position is vacant or if the City Manager is unable to serve. The City Manager shall have the authority to and shall be required to: (1) Be the Chief Executive Officer of the City and see that its ordinances are faithfully executed, and be the head of the administrative branch of the City government; (2) Appoint and remove all subordinate officers and employees of the city in accordance with the rules and regulations of any merit system adopted by the Council; (3) Make an annual report to the Council and to the public on the condition of municipal affairs; (4) Make such recommendations to the Council for the public good and welfare of the City; (5) Be the chief financial officer of the City. The financial powers of the City, except as otherwise provided for in this Charter, shall be exercised by the City Manager; (6) Prepare an annual budget to be submitted to the Council; (7) Supervise and be responsible for the disbursement of all moneys and have control over all expenditures to assure that budget appropriations are not exceeded; (8) Maintain a general accounting system for the city in the form as the Council but not contrary to state law; (9) Submit at the end of each fiscal year and at such other times as the Council may require a complete financial report to the Council; (10) Ascertain that all taxable property within the City is assessed for taxation: (11) Collect all taxes, special assessments, license fees, liens, and all other revenues, including utility revenues, of the City and all other revenues for whose collection the City is responsible, and receive any funds receivable by the City; (12) Have custody of all public moneys, belonging to or under control of the City, except for funds in the control of any set of trustees, and have custody of all bonds and notes of the City; (13) Arrange for taking minutes of all Council meetings and keeping a full and accurate account of the proceedings of the Council; (14) Do such other things as the Council may require or as may be required elsewhere in this Charter; and (15) Delegate any of the duties as listed in this section to the Assistant City Manager, as needed. The City Manager shall provide a bond with such corporate surety and in such amount as the council by ordinance may require. FINANCE Sec. 41. Fiscal year; tax year. The City shall operate on an annual budget. The fiscal year of the City shall begin on the first day of each July and end on the last day of June in the next year. The fiscal year shall constitute the budget year and the accounting year. Sec. 42. Duty to prepare budget, etc. The City Manager shall submit a budget to the Council between the tenth (10th) and the fifteenth (15th) days of April each year. The budget shall provide a complete financial plan for the budget year and shall contain estimates of anticipated revenues and proposed expenditures for the coming year. The total of the anticipated revenues shall equal or exceed the total of proposed expenditures. The budget and all other financial records of the City shall be open to inspection by anyone at anytime during normal city office business hours. Sec. 43. Capital Improvements Program. (a) The City Manager shall prepare and submit to the council a six (6) year Capital Improvement Program between the tenth (10th) and the fifteenth (15th) of April each year. (b) The Capital Improvement Program shall include:
(c) The Capital Improvements Program shall be revised and extended each year as the then current portion is adopted as part of the operating budget. (d) The Council shall hold public hearings and adopt the Capital Improvements Program as submitted or amended at the same time as the adoption of the operating budget. (e) The City Manager shall include in the proposed operating budget those capital projects adopted by the Council for the ensuing fiscal year. Before adopting the budget, and after provided two weeks notice in a newspaper or newspapers having general circulation in the City, the Council shall hold a public hearing. The Council may insert new items and may increase or decrease items in the budget submitted by the City Manager. If the Council increases total proposed expenditures in the budget, it shall also increase the total anticipated revenues in an amount at least equal to total proposed expenditures. The budget shall be prepared and adopted in the form of an ordinance. A favorable vote of a majority of the total elected membership of the council shall be necessary for adoption. No public money may be expended without having been appropriated by the Council. From the effective date of the budget, the amounts stated as proposed expenditures shall be appropriated to the several objects and purposes stated in the budget. Any transfer of funds between appropriations proposed by the City Manager must be approved by the Council before becoming effective. Sec. 47. Expenditures in excess of appropriations forbidden. During any budget year, no officer or employee shall expend or contract to expend any money or incur any liability or enter into any contract which by its terms involves the expenditure of money for any purpose, in excess of the amounts appropriated for or transferred to that general classification of expenditure. Any contract, verbal or written, made in violation of this Charter shall be null and void. Nothing in this section, however, shall prevent the making of contacts or the spending of money for capital improvements to be financed in whole or in part by the issuance of bonds, nor does this section preclude the making of contracts of lease or for services for a period exceeding the budget year in which such contract is made, when the contract is permitted by law. Sec. 48. Lapse of unexpended appropriations. All appropriations that have not been expended or lawfully encumbered shall lapse at the end of the budget year. Any unexpended and unencumbered funds shall be considered a surplus and shall be included among the anticipated revenues for the next succeeding budget year. Sec. 49 Manner of issuing checks. All checks issued in payment of salaries or other municipal obligations shall be issued and signed by the Director of Finance, upon approval of a voucher by the City Manager. All real property and all tangible personal property within the corporate limits of the City or personal property which may have a situs within the City limits by reason of the residence of the owner therein, shall be subject to taxation for municipal purposes, and the assessment valuation used shall be the same as that for state and county taxes. Household furniture, not held or employed for purposes of profit or in connection with any business, profession, or occupation shall not be subject to municipal taxation. (a) One-quarter year taxes. Any real property completed during the period after January 1 through March 21 in any year, or otherwise first added to the tax rolls during that period, is subject to the payment of property taxes for the three (3) months beginning April 1 and ending on the next succeeding June 30. The taxes for these three (3) months shall be computed by using the assessed valuation of the property at one fourth the current tax rate, and taxes imposed for these three (3) months shall be due and payable as of the specified day of April 1, or as of the day a tax bill was mailed or made available, whichever is later. No interest or penalties may be charged or collected on any taxes covered by this subsection until at least thirty (30) days after the bill for the taxes has been mailed or made available from and after July 1, all such taxes shall be overdue and in arrears. (b) One-half year taxes. Any real property completed during the period after July 1 in any year and through January 1 in the next year, or otherwise first added to the tax rolls during that period, is subject to payment of property taxes for the six (6) months beginning on that January 1 and ending on the next June 30. The taxes for these six (6) months shall be computed by using the assessed valuation of the property at one half the current annual tax rate of the City. Taxes imposed for these six (6) months are due and payable as of the specified day of January 1 or as of the day a tax bill was mailed or made available, whichever is later. No interest or penalties may be charged or collected on any taxes covered by this subsection until at least thirty (30) days after the bill for the taxes has been mailed or made available, from and after April 1 all such taxes are overdue and in arrears. (c) Three-quarter year taxes. Any real property completed during the period after July 1 through September 30 in any year, or otherwise first added to the tax rolls during that period, is subject to the payment of property taxes for the nine (9) months beginning on October 1 and ending on the next June 30. The taxes for these nine (9) months shall be computed by using the assessed valuation of the property at three-fourths the current annual tax rate. Taxes imposed for these nine (9) months shall be due and payable as of the specified day of October 1 or as of the day a tax bill was mailed or made available, whichever is later. No interest or penalties may be charged or collected on any taxes covered by this subsection until at least thirty (30) days after the bill for the taxes has been mailed or made available. From and after January 1, all such taxes shall be overdue and in arrears. Sec. 51. Tax levy-Determination of amount. From the effective date of the budget, the amount stated therein as the amount to be raised by the property tax shall constitute a determination of the amount of the tax levy in the corresponding tax year. Immediately after the levy is made by the Council in each year, the City Manager or other authorized agent shall provide a bill or account of taxes due in the manner provided by law. This bill or account shall contain a statement of the amount of real and personal property with which the taxpayer is assessed, the rate of taxation, the amount of taxes due, and the date on which overdue taxes will bear interest. Failure to give or receive any notice required by this section shall not relieve any taxpayer of the responsibility to pay all levied property taxes on the dates established by this Charter. The City may authorize Prince George’s County, Maryland, to act as its agent for the purposes of notification and collection. Sec. 53. Due date of taxes; date unpaid taxes are delinquent, etc., interest and penalties on delinquent taxes. (a) Full year levy. The taxes provided for in section 51 of this Charter shall be due and payable on the first day of July in the year for which they are levied and shall be overdue and in arrears on the first day of the following October. (b) Partial year levy. Partial year levies shall be due as provided in Section 50A of this Charter, and shall be overdue and in arrears as provided in the same section. (c) Interest. All taxes overdue and in arrears shall bear interest at the rate provided by state law for each month or fraction of a month until paid. (d) Penalties. In addition to the interest provided by law, all taxes which are overdue and in arrears shall bear a penalty at the rate provided by state law or set by the Council by ordinance. Sec. 54. Sale of tax delinquent property. A list of all property on which City taxes have not been paid and which are in arrears as provided by Section 53 of this Charter shall be turned over by the City Manager to the county official responsible for the sale of tax delinquent property as provided in state law. If necessary, all property listed shall be sold for taxes by this county official in the manner prescribed by state law. Sec. 55. Disposition of fees received by city officers and employees. All fees received by an officer or employee of the city government in his or her official capacity shall belong to the city government and be accounted for to the city. Sec. 56. Annual audit of city accounts The financial books and accounts of the city shall be audited annually by an independent certified public accountant selected by the council. Sec. 57. Tax anticipation borrowing. During any fiscal year the City shall have the power to borrow in anticipation of collection of that year’s property taxes or taxes to be levied in the next succeeding tax year and to issue tax anticipation notes or other evidences of indebtedness as evidence of such borrowing. Tax anticipation notes or other evidence of indebtedness shall be first liens upon the proceeds of such taxes and shall be matured and paid not later than the end of the subsequent fiscal year or eighteen (18) months from the date of issuance, whichever comes first. No tax anticipation or other evidences of indebtedness shall be issued which will cause the total tax anticipation indebtedness of the City to exceed seventy-five percent (75%) of the property tax levy for the fiscal year in which such notes or other evidences of indebtedness are issued. Tax anticipation borrowing for the subsequent year shall not cause total tax anticipation indebtedness to exceed twenty-five percent (25%) of the anticipated property tax levy for the next fiscal year. All tax anticipation notes or other evidences of indebtedness shall be authorized by ordinance before being issued. The Council shall have the power to regulate all matters concerning the issuance and sale of tax anticipation notes. Sec. 58. Authority for borrowing. (a) The City shall have the power to borrow money for any proper public purpose and to evidence such borrowing by the issue and sale of its general obligation bonds or notes in the manner prescribed in section 58(b). (b)
Sec. 59. Payment of indebtedness. The power and obligation of the city to pay any and all bonds, notes, or other evidences of indebtedness issued by it shall be unlimited. The City shall levy ad valorem taxes upon all the taxable property of the city for the payment of such bonds, notes, or other evidences of indebtedness and their interest, without limitation of amount. The faith and credit of the city is hereby pledged for the payment of the principal of and the interest on all bonds, notes, or other evidences of indebtedness. Suppl. No. 2, Revision issued under the authority of this Charter, whether or not such pledge be stated in the bonds, notes, or other evidences of indebtedness, or in the ordinance authorizing their issuance. Sec. 60. Validity of bonds, etc., issued prior to effective date of Charter. All bonds, notes, or other evidences of indebtedness validly issued by the city previous to the effective date of this Charter and all ordinances passed concerning them are hereby declared to be valid, legal, binding and of full force and effect as fully set forth in this Charter. Sec. 61. Purchasing and contracting. (a) All purchases and contracts for the City government shall be made by the City Manager. The council may provide by ordinance for rules and regulations regarding the use of competitive bidding and contracts for all City purchases and contracts. (b) Competitive bidding requirements.
In the event the State of Maryland, Prince George’s County, the Metropolitan Washington Council of Governments, or one (1) of its member governments, or the U.S. Communities Government Purchasing Alliance, or any other local government of the State of Maryland or Association of Maryland Local Governments, provided that such local government or association has adopted procurement regulations that are comparable to those enacted by the City, has conducted a bid and awarded a contract authorizing local governments to purchase a bid item at the bid price, the City Manager may, without soliciting bids, purchase the item in question at the bid price from the successful bidder, if the City Manager determines that the bid price is competitive. The City Manager shall, at least seven days prior to purchasing a service or goods pursuant to this subsection, inform the Council of the intention to make such a purchase. No such single purchase shall exceed $100,000 without a waiver by the Council of the bidding process for good cause shown. (Sec. 62 amended by CAR-02-02, adopted September 3, 2002 and effective October 23, 2002). PERSONNEL The Council may appoint a City Attorney. The City Attorney shall be a member of the bar of the Maryland Court of Appeals. The City Attorney shall be the legal adviser of the city and shall perform such duties in this capacity as may be required by the Council or City Manager. The compensation for this position shall be determined by the Council. The City shall have the power to employ such legal consultants as it deems necessary from time to time. Sec. 64. Employment authority. The City shall have the power to employ such officers and employees as it deems necessary to execute the powers and duties provided by this Charter or other state law and to operate the city government. No Mayor or Councilmember may be employed in any capacity by the City until he or she has been out of office for two years. The City may provide by ordinance for appointments and promotions in the administrative service on the basis of merit and fitness. The Council shall have the power to adopt rules and regulations governing the operation of a merit system as it deems desirable or necessary. These rules and regulations may provide for competitive examinations, use of eligible lists, classification plan, compensation plan, probation period, appeals by employees included within the classified service from dismissal or other disciplinary action, and vacation and sick leave. Sec. 66. Dual office holding prohibited. No person shall hold more than one City office or position of profit at any one time. For the purposes of this section, City office or position shall mean all elective, appointive and classified positions of the City. The city shall have the power to do all things necessary to include its officers and employees, not including persons under contract or retainer, within any retirement system or pension system for which they are admissible, and to pay the employer's share of the cost out of the City’s general funds. Councilmembers may participate in any City retirement or pension plan for which they are eligible and which require no matching contribution of City funds. (Sec. 67 amended by CAR-2-02, adopted 12/2/02, effective 1/21/03). The compensation of all officers and employees of the City, not including the Mayor and Councilmembers, shall be set from time to time by ordinance passed by the council. Sec. 69. Employee benefit programs. The City is authorized and empowered, by ordinance, to provide for or participate in hospitalization or other forms of benefit or welfare programs for its Councilmembers, officers and employees. Public monies of the City may be expended for such programs provided for its officers and employees only. (Amended by CAR-1-91, effective 7/9/91) PUBLIC WAYS AND SIDEWALKS Sec. 70. "Public ways"-Defined. The term "public ways" as used in this Charter shall include, but is not limited to all streets, avenues, roads, highways, public thoroughfares, lanes, alleys and paths within the corporate limits of the City. Sec. 71. Control of public ways. The City shall have control of all public ways in the City except those under the jurisdiction of the Maryland State Highway Administration or Prince George's County. Subject to the laws of Maryland and this Charter, the city may do whatever it deems necessary to establish, operate and maintain in good condition the public ways of the city. Sec. 72. City's powers as to public ways enumerated. The City shall have the power: (a) To establish, regulate and change from time to time the grade line, width, and construction materials of any City public way or part thereof, bridges, curbs, and gutters. (b) To grade, lay out, construct, open, extend and make new City public ways. (c) To grade, straighten, widen, alter, improve, or close up any existing City public way or part thereof. (d) To pave, surface, repave, or resurface any City public way or part thereof. (e) To install, construct, reconstruct, repair, and maintain curbs and/or gutters along any City public way or part thereof. (f) To construct, reconstruct, maintain, and repair bridges. (g) To name City public ways. (h) To have surveys, plans, specifications, and estimates made for any of the above activities or projects or parts thereof. Sec. 73. City's powers with respect to sidewalks. The City shall have the power: (a) to 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) To grade, lay out, construct, reconstruct, pave, repave, repair, extend, or otherwise alter sidewalks on City property along any public way or thereof. (c) To require that the owners of any property abutting on a sidewalk keep the sidewalk clear of all ice, snow, and other obstructions, and (d) To 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 collectible in the same manner as City taxes or by suit at law. WATER AND SEWER (a) The City shall have the power to plan, construct, erect, purchase, lease, operate, and maintain water systems and water plants, sanitary sewerage systems and sewerage treatment plants, and storm water drainage systems. (b) The City shall have the power to issue bonds, to be paid from revenues earned from such system or systems. (c) The City shall have the power, in the event of lease or rental of such systems, to provide for payment on such lease or rental charges by the execution and delivery of anticipated revenue certificates, payment on such certificates to be from revenues derived from the operation of such systems. (d) The City shall have the power to borrow money upon the faith of anticipated revenue certificates for the purpose of operating any water or sewerage system until such time as the revenues from such water and sewerage systems becomes sufficient to defray the costs of operation. (e) Any obligations arising from the lease or rental by the City of any water or sewerage system shall be paid solely from income derived from operation of such systems. General funds or credit of the City shall in no way be pledged to the payment of such obligations. Sec. 75. Approval of plans by city prerequisite to construction, etc., of mains, conduits, etc. (a) Any public service corporation, company, or individual, before beginning any construction of placing of or changing the location of any main, conduit, pipe, or other structure in the public ways of the City shall submit plans to the City, obtain written approval and be subject to limitations and conditions as may be imposed by the City. (b) Any public service corporation, company, or individual violating the provisions of this section shall be guilty of a misdemeanor. If any unauthorized main, conduit, pipe, or other structure interferes with the operation of the water, sewerage, or storm water systems, the City may order it removed. Sec. 76. Obstructing sewers and water mains. All individuals, firms, or corporations having mains, pipes, conduits, or other structures, in, on, or over any public way in the City or in the county which impede the establishment, construction, or operation of any City sewer or water main shall, upon reasonable notice, remove or adjust the obstructions at their own expense to the satisfaction of the City. If necessary to carry out the provisions of this section, the City may use condemnation powers provided in section 91. Any violation of an ordinance passed under the provisions of this section may be made a misdemeanor. Sec. 77. Right of entry of City upon county public ways. The City may enter upon or do construction in, on, or over any county public way for the purpose of installing or repairing any equipment or doing any other projects necessary to establish, operate, and maintain the water system, water plant, sanitary sewerage system, sewage treatment plant, or storm water sewers provided for in this Charter. Unless required by the county, the City need not obtain any permit or pay any charge for these operations, but it must notify the county of its intent to enter on the public way and must leave the public way in a condition not inferior to that existing prior to the City’s work. Sec. 78. Sewers and water mains; connections required, etc. The City shall provide a connection with water and sanitary sewer mains for all property abutting on any public way in which a sanitary sewer or water main is laid. When any water main or sanitary sewer is declared ready for operation by the City, all abutting property owners after reasonable notice shall connect all fixtures with the water or sewer main. If it considers existing fixtures unsatisfactory, the City may require that satisfactory ones be installed and may require that all cesspools, sinkdrains and privies be abandoned, filled, removed or left in such a way as not to endanger public health. All wells found to be polluted or a menace to health may be ordered to be abandoned and closed. Any violation of an ordinance passed under the provisions of this section may be made a misdemeanor. Sec. 79. Sewers and water mains; connection charge. The City may impose a charge, the amount to be determined by the council, for each connections made to City water or sewer mains. This charge shall be uniform throughout the city but may be changed from year to year. Arrangements for payment of this charge shall be made before the connection is made. Sec. 80. Sewers and water mains; improper uses. In order to prevent any leakage or waste of water or other improper use of the City's water or sewage disposal systems, the City may require such changes in plumbing, fixtures, or connections as it deems necessary to prevent such waste or improper use. Sec. 81. Private water, sewerage, etc. The City may provide by ordinance that no water supply, sewerage, or storm water drainage system, and no water mains, sewers, drains, or connections, shall be constructed or operated by any person or persons, firm, corporation, institution, or community, whether upon private premises or otherwise. The City may mandate that cesspools or other private methods of sewage disposal shall be operated and maintained in such a manner that they do not and will not be likely to affect adversely public comfort and health. Any cesspool or other private method of sewage disposal affecting or likely to affect adversely the public comfort and health may be deemed a nuisance and may be abated by the City. Any violation of an ordinance passed under the provisions of this section may be made a misdemeanor. Sec. 82. Extensions of City water or sewerage system beyond City limits. The City shall have the power to extend its water or sewerage systems beyond the City limits. Sec. 83. Right of entry by City employees. Any employee or agent of the City while in the necessary conduct of official duties with the water or sewage disposal systems operated by the City, shall have the right of entry to access to water or sewer installation, on any premises and in any building in the City or county served by the City's water or sewage disposal systems. Entry shall be provided at all reasonable hours after reasonable advance notice to the owner, tenant or person in possession, and upon proper identification of the City employee or agent. Any restraint or hindrance to such entry be any owner, tenant, person in possession, or the agent of any of them, may, by ordinance, be made a misdemeanor. Sec. 84. Pollution of water prohibited. No person shall do anything which will discolor, pollute, or tend to pollute any water used or to be used in the City water supply system. Any violation of the provisions of this section shall be a misdemeanor. If it deems it advisable, the City may contract with any party or parties, inside or outside the City to obtain water or to provide for the removal of sewage. Sec. 86. Charges for water, etc., service.
SPECIAL ASSESSMENTS The City shall have the power to levy and collect taxes in the form of special assessments upon property |