2288                                  Municipal Charters

d. Results of Election. If a majority of the voters in the special elec-
tion vote in favor of recalling the officeholder in question, upon certifica-
tion of the results of the election by the Board of Elections to the Council,
said office shall thereupon be declared vacant by the Council, and shall
be filled by the Council in the manner prescribed by this Charter, provided,
however, that if the total number of votes cast in the special election does
not equal at least twenty-five percent (25%) of the total number of votes
cast in the last municipal general election, then the results of the election
shall be considered as of no effect.

New Carrollton Charter Amendment No. 71-8

A Charter Amendment of the City of New Carrollton, Prince George's
County, State of Maryland, amending Section 1 to substitute the term
"City" for "Town"; amending Section 18, entitled "Settlement of Claims,"
to renumber it as Section 17 and substituting the term "City" for the
phrase "Mayor and Council"; amending Section 26, entitled "Legislative
Intent," to renumber it as Section 23; and amending the Charter by add-
ing a new Section 22, entitled "Code of Ethics" requiring the Council to
adopt a code of ethics applying to persons in the service of the City.

SECTION 1. INCORPORATED; GENERAL POWERS.

The citizens residing and/or owning real property within the area
as herein defined, in Prince George's County, are hereby made a body
corporate, by the name and style of the "City of New Carrollton," and
by that name shall have perpetual succession, may sue and be sued, have
and use a common seal, execute contracts, purchase and hold real, personal
and mixed property for municipal purposes, sell and dispose of the same
for the benefit of said [Town,] City, and be vested with the power of
eminent domain to condemn and convert property of the [Town] City
for the purpose of widening or constructing streets, widening or con-
structing sidewalks, for the establishment of public parks and play-
grounds, for the establishment of public parking grounds, for the con-
struction of drainage projects, and for the construction of any public
street, alley or way, in the manner and procedure as is, or shall be pro-
vided by the laws of this State for State and County purposes.

SECTION [18.] 17. SETTLEMENT OF CLAIMS.

The [Mayor and] Council [of New Carrollton is hereby authorized
and empowered to] may settle in its discretion, claims and suits, either
at law or in equity, or whether such claim may be based upon a suit
already instituted or not, whenever the cause of action or claim arises
out of the negligence or wrongful act, whether of commission or omission,
of any officer or employee of the [Mayor and Council,] City for whose
negligence or acts the [Mayor and Council,] City, if a private individual,
would be prima facie liable to respond to damages, irrespective of whether
such negligence occurred or such acts were done in the performance of
a municipal or a governmental function of the [said Mayor and Council;
provided that, in] City. In the settlement of any claim under the provi-
sions of this section, the [Mayor and Council] City shall not pay to any
claimant an amount in excess of Five Hundred [($500.00)] Dollars
($500), and any settlement so authorized may be paid out of any money
which the [Mayor and Council] City may have in its general funds. [;
provided further, however, that nothing] Nothing herein contained shall
be construed as depriving the [Mayor and Council] City of any defense
it may have to any suit whether at law or in equity, which may be insti-