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§ 4-313. Repeal of charter--By charter amendment

West's Annotated Code of MarylandLocal GovernmentEffective: October 1, 2013

West's Annotated Code of Maryland
Local Government (Refs & Annos)
Division II. Municipalities [Titles 4-8] (Refs & Annos)
Title 4. In General (Refs & Annos)
Subtitle 3. Amendment or Repeal of Charter (Refs & Annos)
Effective: October 1, 2013
MD Code, Local Government, § 4-313
Formerly cited as MD CODE, Art. 23A, § 41; MD CODE, Art. 23A, § 42
§ 4-313. Repeal of charter--By charter amendment
Currentness
Repeal accomplished by charter amendment process
(a) Except as provided in subsection (b) of this section, the repeal of an entire municipal charter, and the termination of the municipality, may be accomplished by a charter amendment adopted under this subtitle.
Contents of repeal documents
(b) The following need not contain the text of the municipal charter that is proposed for repeal and may simply state that the charter is proposed for repeal:
(1) the resolution of the legislative body of the municipality, or the petition of the qualified voters, proposing the repeal of the municipal charter;
(2) the posting and publication of the proposed repeal of the municipal charter; and
(3) the submission of the resolution proposing the repeal of the municipal charter and the favorable vote on the resolution to the Department of Legislative Services as provided in § 4-109 of this title.
Effect of repeal
(c) After a municipal charter is repealed, the charter may not be included in any later edition or codification of the public local laws of the county or State.
Disposition of assets and liquidation of indebtedness in resolution
(d) The resolution or petition to initiate the repeal of a municipal charter may provide for the disposition of the assets of the municipality and the liquidation of any debt of the municipality.
Action if no disposition is made in resolution or petition
(e) If no disposition is made in accordance with subsection (d) of this section, the county commissioners or county council of the county in which the municipality is located shall:
(1) succeed to full ownership, title, and control of the assets of the municipality after the municipal charter is repealed; and
(2) pay the debts and obligations of the municipality in accordance with the terms of the debts and obligations.
Takeover by the county commissioners or county council
(f) While a municipal charter remains in effect, the county commissioners or county council of the county in which the municipality is located may provide, by written agreement with the municipality, when the repeal of the charter takes effect, for:
(1) the transfer of some or all of the assets of the municipality; and
(2) the assumption of some or all of the debts and obligations of the municipality.
Establishment of special tax area
(g)(1) To provide the revenue necessary to pay the debts and obligations of a municipality as of the time the municipal charter is repealed, the county commissioners or county council of the county in which the municipality is located shall:
(i) establish a special tax area with the same boundaries as the former municipality; and
(ii) impose a special tax or special assessment in the special tax area and collect the special tax or special assessment in the same manner as other county property taxes are collected.
(2) The proceeds of the tax or assessment shall be applied only to the debt and obligation of the former municipality.
(3) The tax or assessment shall be discontinued when all debts and obligations of the former municipality have been paid.

Credits

Added by Acts 2013, c. 119, § 2, eff. Oct. 1, 2013.
MD Code, Local Government, § 4-313, MD LOCAL GOVT § 4-313
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document