a.
Oath required. - Before entering upon the duties of their offices,
the Mayor, the Councilmembers, the City Administrator, the City Attorney,
and all other persons elected or appointed to any office of profit
or trust in the city government, as determined by the Council, shall
take and subscribe to the following oath or affirmation: "I, ________________________
do swear (or affirm, as the case may be), that I will support the
Constitution of the United States; and that I will be faithful and
bear true allegiance to the State of Maryland, and support the Constitution
and laws thereof and the Charter and Ordinances of the City of Hagerstown;
and that I will, to the best of may skill and judgment, diligently
and faithfully, without partiality or prejudice, execute the office
of _______________________, according to the Constitution and the
laws of this State."
[Amended 1-27-2009 by Res. No. R-09-09; 6-21-2011 by Res. No.
R-11-30]
b.
Before whom taken and subscribed. - The Mayor shall take and subscribe
to this oath or affirmation before the clerk of the circuit court
for the county or before one of the sworn deputies of the clerk. All
other persons taking and subscribed[1] to the oath shall do so before the mayor.
[Amended 9-27-1983 by Res. No. 1983-36]
[1]
Editor's Note: So in original; apparently "subscribing"
was intended.
The city administrator and such other officers or employees
of the city as the council or this charter may require, shall give
bond in such amount and with such surety as may be required by the
council. The premiums on such bonds shall be paid by the city.
[Amended 1-27-2009 by Res. No. R-09-07]
Before the City shall be liable for damages of any kind, the
person injured, or someone on his or her behalf, shall give the City
notice in writing of such injury within one hundred eighty (180) days
after the same has been received, stating specifically in such notice,
when, where and how the injury occurred, and the extent thereof. The
city shall never be liable on account of any damage or injury to persons
or property arising from or occasioned by any public street, highways
or grounds, including accumulations of snow or ice, or any public
work of the city unless the specific defect or the accumulation of
snow or ice causing the damage or injury shall have been actually
known to the city administrator by personal inspection for a period
of at least forty-eight hours prior to the occurrence of the injury
or damage, unless the attention of the city administrator shall have
been called thereto by notice thereof in writing at least forty-eight
hours prior to the occurrence of the injury or damage, and proper
diligence has not been used to rectify the defect or cause of said
accumulation of snow or ice to be removed after actually known or
called to the attention of the city administrator.
All right, title, and interest held by the city or any other
person or corporation at the time this charter is adopted, in and
to any lien acquired under any prior charter of the city, are hereby
preserved for the holder in all respects as if this charter had not
been adopted, together with all rights and remedies in relation thereto.
This charter shall not discharge, impair, or release any contract,
obligation, duty, liability, or penalty whatever existing at the time
this charter becomes effective. All suits and actions, both civil
and criminal, pending, or which may hereafter be instituted for causes
of action now existing or offenses already committed against any law
or ordinance repealed by this charter, shall be instituted, proceeded
with, and prosecuted to final determination and judgment as if this
charter had not become effective.
(a)
Ordinances, etc., not in conflict with charter remain in effect.
- All ordinances, resolutions, rules, and regulations in effect in
the city at the time this charter becomes effective which are not
in conflict with provisions of this charter shall remain in effect
until changed or repealed according to the provisions of this charter.
(b)
Ordinances, etc., in conflict with charter repealed. - All ordinances,
resolutions, rules, and regulations in effect in the city at the time
this charter becomes effective which are in conflict with the provisions
of this charter are repealed to the extent of such conflict.
If any section or part of section of this charter is held invalid
by a court of competent jurisdiction, this holding shall not affect
the remainder of this charter or the context in which such section
or part of section so held invalid appears, except to the extent that
an entire section or part of section may be inseparably connected
in meaning and effect with the section or part of section to which
such holding shall directly apply.
