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Maryland Manual, 1981-82
Volume 180, Page 696   View pdf image (33K)
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696/Maryland Manual

proper to carry into full force and effect any and all of
the specified powers which the General Assembly is au-
thorized to grant to the Mayor and City Council of
Baltimore pursuant to this Article and to fully accom-
plish any and all of the purposes and objects contem-
plated by the provisions of this Article, provided such
additional power or authority is not inconsistent with
the terms and provisions of this Article or with any
other provision or provisions of the Constitution of
Maryland. The General Assembly may place such other
and further restrictions or limitations on the exercise of
any of the powers which it may grant to the Mayor and
City Council of Baltimore under the provisions of this
Article as it may deem proper and expedient.

SEC. 3.173 Provided, however, that no public local
law enacted under the provisions and authority of this
Article shall be enacted or construed to authorize the
Mayor and City Council of Baltimore to exercise or ap-
ply any of the powers or authority in this Article enu-
merated within the territorial limits of Howard County.

ARTICLE XI-E174
MUNICIPAL CORPORATIONS.

SECTION 1. Except as provided elsewhere in this
Article, the General Assembly shall not pass any law
relating to the incorporation, organization, government,
or affairs of those municipal corporations which are not
authorized by Article 11-A of the Constitution to have
a charter form of government which will be special or
local in its terms or in its effect, but the General As-
sembly shall act in relation to the incorporation, organi-
zation, government, or affairs of any such municipal
corporation only by general laws which shall in their
terms and in their effect apply alike to all municipal
corporations in one or more of the classes provided for
in Section 2 of this Article. It shall be the duty of the
General Assembly to provide by law the method by
which new municipal corporations shall be formed.

SEC. 2. The General Assembly, by law, shall classify
all such municipal corporations by grouping them into
not more than four classes based on populations as de-
termined by the most recent census made under the au-
thority of the United States or the State of Maryland.
No more than one such grouping of municipal corpora-
tions into four (or fewer) classes shall be in effect at any
time, and the enactment of any such grouping of munic-
ipal corporations into four (or fewer) classes shall repeal
any such grouping of municipal corporations into four
(or fewer) classes then in effect. Municipal corporations
shall be classified only as provided in this section and
not otherwise.

SEC. 3. Any such municipal corporation, now
existing or hereafter created, shall have the power and
authority, (a) to amend or repeal an existing charter or
local laws relating to the incorporation, organization,
government, or affairs of said municipal corporation
heretofore enacted by the General Assembly of Mary-

173 Added by Chapter 754, Acts of 1953, ratified November 2,
1954.
174 Added by Chapter 53, Acts of 1954, ratified November 2,
1954.

Article XI-D

land, and (b) to adopt a new charter, and to amend or
repeal any charter adopted under the provisions of this
Article.

SEC. 4. The adoption of a new charter, the amend-
ment of any charter or local laws, or the repeal of any
part of a charter or local laws shall be proposed either
by a resolution of the legislative body of any such mu-
nicipal corporation or by a petition containing the sig-
natures of at least five per cent of the registered voters
of a municipal corporation and filed with the legislative
body of said municipal corporation. The General As-
sembly shall amplify the provisions of this section by
general law in any manner not inconsistent with this
Article.

SEC. 5. Notwithstanding any other provision in this
Article, the General Assembly may enact, amend, or re-
peal local laws placing a maximum limit on the rate at
which property taxes may be imposed by any such mu-
nicipal corporation and regulating the maximum
amount of debt which may be incurred by any munici-
pal corporation. However, no such local law shall be-
come effective in regard to a municipal corporation un-
til and unless it shall have been approved at a regular
or special municipal election by a majority of the voters
of that municipal corporation voting on the question.
No such municipal corporation shall levy any type of
tax, license fee, franchise tax or fee which was not in ef-
fect in such municipal corporation on January 1, 1954,
unless it shall receive the express authorization of the
General Assembly for such purpose, by a general law
which in its terms and its effect applies alike to all mu-
nicipal corporations in one or more of the classes pro-
vided for in Section 2 of this Article. All charter provi-
sions enacted under the authority of Section 3 of this
Article shall be subject to any local laws enacted by the
General Assembly and approved by the municipal vot-
ers under the provisions of this section.

SEC. 6. All charter provisions, or amendments there-
to, adopted under the provisions of this Article, shall be
subject to all applicable laws enacted by the General
Assembly; except that any local laws, or amendments
thereto, relating to the incorporation, organization, gov-
ernment, or affairs of any municipal corporation and
enacted before this Article becomes effective, shall be
subject to any charter provisions, or amendments there-
to, adopted under the provisions of this Article. Any lo-
cal law, or amendments thereto, relating to the incorpo-
ration, organization, government, or affairs of any
municipal corporation and in effect at the time this Ar-
ticle becomes effective, shall be subject to any applica-
ble State law enacted after this Article becomes effec-
tive. All laws enacted by the General Assembly and in
effect at the time this Article becomes effective, shall re-
main in effect until amended or repealed in accordance
with the provisions of this Constitution. Nothing in this
Article shall be construed to authorize any municipal
corporation by any amendment or addition to its char-
ter, to permit any act which is prohibited by the laws of
this State concerning the observance of the Sabbath
Day or the manufacture, licensing or sale of alcoholic
beverages.

 



 
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Maryland Manual, 1981-82
Volume 180, Page 696   View pdf image (33K)
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