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2861
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CUMBERLAND
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OF THE CITY OF CUMBERLAND FROM AND AFTER THE EFFECTIVE DATE OF
SUCH LEASE EXCEPT FOR CONFIRMING SUCH TRANSFER AND WINDING UP ITS
AFFAIRS: PROVIDING FOR THE FUTURE OPERATION OF MEMORIAL HOSPITAL
BY SUCH NON-PROFIT CORPORATION; PROVIDING THAT IN CONNECTION WITH
BORROWING BY THE NON-PROFIT CORPORATION; FOR ITS CORPORATE
PURPOSES, SUCH NON-PROFIT CORPORATION FOR ITS CORPORATE PURPOSES,
SUCH NON-PROFIT CORPORATION MAY TRANSFER, ASSIGN, MORTGAGE,
ENCUMBER OR OTHERWISE PLEDGE THE MEMORIAL HOSPITAL PROPERTY, AND
ANY INTEREST IN SAID PROPERTY, AND MAY ASSIGN OR SUBORDINATE ANY
INTEREST IN THE LEASE, OR IN SAID PROPERTY, AS SECURITY FOR THE
BORROWING; PROVIDING THAT THE CITY AND THE BOARD OF GOVERNORS MAY
EXECUTE AND DELIVER ANY INSTRUMENT NECESSARY OR APPROPRIATE TO
EFFECT OR CONFIRM THE MORTGAGING THE OTHER CREATION OR ASSIGNMENT
OF ANY SECURITY IN MEMORIAL HOSPITAL, WHETHER IN FEE OR
OTHERWISE, AS SECURITY FOR SUCH BORROWING; PROVIDING THAT THE
ACCOMPLISHMENT OF ANY OF THE TRANSACTIONS CONTEMPLATED BY THESE
SECTIONS 202 AND 203 SHALL NOT CONSTITUTE A DEBT OF THE CITY
WITHIN THE MEANING OF ANY CONSTITUTIONAL, STATUTORY, CHARTER OR
OTHER PROVISION OF LAW ORDINANCE OR REGULATION WHICH PROHIBITS OR
IN ANY WAY LIMITS OR OTHERWISE AFFECTS THE INCURRENCE OF DEBT BY
THE CITY; PROVIDING THAT SECTION 203 SHALL BE SELF-EXECUTING, AND
THAT NO FURTHER ADVERTISEMENT, NOTICE, HEARING ORDINANCE,
RESOLUTION, REFERENDUM OR OTHER ACTION SHALL BE REQUIRED TO
ACCOMPLISH THE TRANSACTIONS CONTEMPLATED BY SECTION 203;
PROVIDING THAT UPON CESSATION OF THE LEASE THE CITY MAY CREATE A
SEPARATE PUBLIC BODY OR AGENCY TO HOLD, OPERATE AND ADMINISTER
MEMORIAL HOSPITAL AND GENERALLY.
[Section 202 and 203 of the Charter of the City of
Cumberland, Allegany County, added.
Effective Date February 11, 1982]
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CHARTER AMENDMENT
RESOLUTION NO. 85
RESOLUTION of the Mayor and City Council of Cumberland,
Maryland, adopted pursuant to the authority contained in Article
11-E of the Constitution of the State of Maryland and Section 12
of Article 23A of the Annotated Code of Maryland, entitled
"Municipal Corporations", as said Section was enacted by Chapter
423 of the Acts of the General Assembly of Maryland, 1955,
entitled "A RESOLUTION TO AMEND THE CHARTER OF THE CITY OF
CUMBERLAND, MARYLAND (1966 EDITION), BY REPEALING AND REENACTING,
WITH AMENDMENTS, SECTIONS 10(f), 11, AND 12 OF SAID CHARTER, TO
PROVIDE FOR THE TIME AND PLACE OF HOLDING REGULAR MUNICIPAL
ELECTIONS, AND TO PROVIDE FOR THE METHOD OF DETERMINING THE
SUCCESSFUL CANDIDATES FOR OFFICE, AND TO PROVIDE FOR THE
QUALIFICATIONS AND TERMS OF OFFICE OF THE MAYOR AND COUNCILMEN."
[Section 10(f), .11, and 12 of the Charter of the City of
Cumberland, Allegany County, repealed and reenacted, with
amendments.
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