CHARTER RESOLUTION

1013-0503

TECHNICAL AMENDMENT FOR CLARIFICATION OF POWERS AND DUTIES

A RESOLUTION of the Mayor and City Council of the City of New Carrollton adopted pursuant to the authority of Section 3 and 4 entitled “Home Rule” of Article XI-E entitled “Municipal Corporations” of the Constitution of Maryland and Section 11 et. seq. under subtitle “Charter Amendments” of Article 23A entitled “Corporations-Municipal” of the Annotated Code of Maryland, to amend the Charter of the City of New Carrollton, Maryland with a provision to address a technical clarification to the powers and duties of the Council.

SECTION 1. BE IT RESOLVED by the Mayor and City Council of the City of New Carrollton, Maryland that current Section C-3 of the Charter of the City of New Carrollton, Maryland is hereby amended to read as follows:

Section C-3. Government of the City.

D. Council: powers and duties. The Council shall be the legislative body of the City and shall exercise such powers and perform such duties as are or may be conferred upon it by this Charter, the General Assembly and by ordinances of this City[, including but not limited to] by the enactment of all ordinances, resolutions and policies consistent with the provisions of this Charter and not contrary to the Constitution and laws of the State of Maryland. The members of the Council shall receive such salary or compensation as the Council shall fix, provided that any increase in salary or compensation voted by the Council shall not go into effect until approved by the voters at the next general election. At the first meeting of each new Council, the Council shall elect from among its members a Chairperson and a Vice Chairperson. The Chairperson of the Council will act as presiding officer during meetings of the Council. The Vice Chairperson of the Council will act in the capacity of Chairperson during the Chairperson's temporary absence. In the absence of both the Chairperson and Vice Chairperson, a Council Member other than the Mayor Pro Tem and Alternate Treasurer will act as presiding officer during meetings of the Council.

SECTION 2. AND BE IT FURTHER RESOLVED by the Mayor and City Council of the City of New Carrollton, Maryland that this amendment to the Charter shall in all respects be effective and observed as such, upon the fiftieth (50th) day after the date of adoption, unless on or before the fortieth (40th) day thereafter there shall be presented to the Mayor and City Council of New Carrollton, or mailed to it, a Petition for referendum in accordance with the provisions of Section 13(g) of Article 23A of the Annotated Code of Maryland.

SECTION 3. AND BE IT FURTHER RESOLVED by the Mayor and City Council of the City of New Carrollton, Maryland that a complete and exact copy of this Resolution shall be posted in the municipal offices of the City of New Carrollton, Maryland or some public place for a period of at least forty (40) days following its adoption, and further, that a fair summary of this proposed amendment shall be published in a newspaper of general circulation in the City of New Carrollton for not less than four (4) times, at weekly intervals, within a period of forty (40) days from the adoption of this Resolution.

SECTION 4. AND BE IT FURTHER RESOLVED by the Mayor and Council of the City of New Carrollton, Maryland that as soon as the Charter amendment hereby adopted shall become effective, the Clerk of the City of New Carrollton shall send separately by registered mail to the Department of Legislative Reference the following information concerning the Charter:

(1)  A complete copy of this Resolution;

(2)  The date of the referendum election, if any, held with respect thereto;

(3)  The number of votes cast for or against the Resolution whether by the Council of the City of New Carrollton or in a referendum; and

(4)  The effective date of the Charter.

SECTION 5. AND BE IT FURTHER RESOLVED by the Mayor and Council of the City of New Carrollton, Maryland that the Clerk of the City of New Carrollton be and is specifically authorized and instructed to carry out the provisions of Section 3 and 4 hereof, and as evidence of compliance herewith, the clerk shall cause to be affixed to the Minutes of the meeting in which this Charter shall have been adopted:

(1)  Appropriate certification of publication of the newspaper in which the summary of the proposed amendment shall have been published.

(2)  The return receipts of the mailing referred to in Section 4.

A RESOLUTION TO APPROVE AN ADVISORY BALLOT QUESTION FOR THE NEXT GENERAL ELECTION TO INCREASE THE TERM OF THE MAYOR AND COUNCILMEMBERS FROM TWO (2) TO FOUR (4) YEARS.

WHEREAS, pursuant to Section C-19.G of the Charter of the City of New Carrollton), the City Council of the City of New Carrollton, Maryland (hereinafter, “the City”) has the authority to provideto provide for advisory referendum questions at a regular or a special municipal election;

WHEREAS, pursuant to Md. Code Ann., Article 23A, §13, the City Council of the City of New Carrollton, Maryland (hereinafter, “the City”) have the authority to amend the City’s Charter, in accordance with the procedures set forth therein; and

WHEREAS, the Mayor and City Council of New Carrollton wish to put to the electorate certain questions regarding changes to the City’s election process in order to gauge the public’s opinion; and

WHEREAS, these questions are only advisory questions for the City Council and they are not obligated to act upon the results; and

WHEREAS, the proposed questions shall be placed on the ballot at the next city election, May 3, 2010.

Now, therefore, be it resolved, that the Mayor and Council of the City of New Carrollton support the following question worded below be placed on the ballot for the May, 2010 municipal elections:

2) Do you agree that the terms of the Mayor and City Council be increased from two (2) years to four (4) years?

ADOPTED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF NEW CARROLLTON, MARYLAND THIS 16th 19th DAY of DECEMBERSEPTEMBER, 20092012

ATTEST: CITY OF NEW CARROLLTON:

Regina Robinson Duane H. Rosenberg, Chairman

City Clerk City Council

Date:

Approved for legal sufficiency : Approved:

______

Robert R. Manzi Andrew C. Hanko

City Attorney Mayor

Date:

[ ] Brackets denotes language deleted.

*** Asterisks denotes section unchanged.

___ Underline denotes language added.

Date: December 16, 2009 [SEAL] ______

Duane A. Rosenberg

Chairman

City Council

ATTEST: APPROVED:

______

M. Regina Robinson Andrew C. Hanko

City Clerk Mayor