MAYOR AND TOWN COUNCIL

TOWN OF FOREST HEIGHTS

CHARTER AMENDMENT RESOLUTION NUMBER 25 –

PROPOSING TO AMEND THE FOREST HEIGHTS TOWN CHARTER

SECTION 33-3. NUMBER; SELECTION; TERM

INTRODUCED BY: Councilman George Wiggers

ENACTED: March 9, 2007

WHEREAS, Charter amendment Resolutions 21, 32 and 33 change the term of the office of Mayor and Councilmen, and the Charter must remain internally consistent; and

WHEREAS, Maryland Code Article 23A § 12 and 13 governing municipalities empower and regulate the Town Council in enacting charter amendments and the Mayor in posting and publication of proposed charter amendments;

NOW THEREFORE BE IT RESOLVED that the Town Council of Forest Heights proposes to amend the Charter of the Town of Forest Heights Section 33-3 Number; Selection; Term. The amendment of the Charter of the Town of Forest Heights shall be enacted by striking the current language [boldface in brackets] which reads:

“[All legislative powers of the Town shall be vested in a Council consisting of the Mayor and six Councilmen who shall be elected as hereinafter provided and who shall hold office for a term of four years or until the succeeding Council member takes office. The regular term of Councilmen shall expire on the first Wednesday following the election and qualification installation of their successors. Councilmen holding office on January 17, 2006, shall continue in office as follows: the term of Councilmen elected in 2004 shall be extended to 2007, and the term of Councilmen elected in 2005 shall be extended to 2009.]” (Ch. Res. No. 16, February 16, 2006.)

and replacing said language with the following underscored language:

“All legislative powers of the Town shall be vested in a Council consisting of the Mayor and six Councilmen who shall be elected as hereinafter provided and who shall hold office for a term of two years or until the succeeding Council member takes office. The regular term of Councilmen shall expire on the first Wednesday following the election and qualification and installation of their successors. Councilmen who hold seats that were up for election in May 2004 shall continue to serve until their replacements elected in March 2007 are qualified and take office according to the provisions of this Charter. Councilmen who were elected to office in May 2005 (excluding any incumbents who were appointed and/or elected to fill seats that had been vacated subsequent to the May 2005 election) shall cease to hold that office on April 28, 2007. Any vacancies created by such cessation shall be filled in an election to be held on May 9, 2007. Terms of Council members who were elected by the Council under the provisions of Section 33-11, or in a special ward election, to fill seats that were up for election in May 2005, and were subsequently vacated, shall continue to serve in those positions until their successors elected in March 2008 take office according to the provisions of this Charter.”

BE IT FURTHER RESOLVED that the Acting Mayor shall give notice of this resolution for a proposed Charter Amendment by posting an exact copy thereof at the town hall for a period of at least forty days following its adoption and shall cause a fair summary of this proposed Charter Amendment to be published in a newspaper of general circulation in the Town of Forest Heights not less than four times, at weekly intervals within a period of at least forty days starting not later than three days immediately following the date of the adoption of this resolution containing the proposed charter amendment.

BE IT FURTHER RESOLVED that failure to comply with this resolution shall be deemed a misdemeanor and subject to 30 days in prison and a fine not to exceed $1,000.00; and

AND BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its passage and the Charter Amendment hereby proposed shall take effect April 28, 2007.

PASSED THIS DAY OF  March 9, 2007.

Carmelita Lynn Smith-Barnes, Councilwoman Ward I

Attest:

Bonita Anderson, Town Clerk