Old | New | Differences | |
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1 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 599 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 599 | |
5 | - | (House Bill 528) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | *hb0528* | |
8 | 9 | ||
9 | - | ||
10 | - | ||
10 | + | HOUSE BILL 528 | |
11 | + | L3 2lr1743 | |
11 | 12 | ||
12 | - | FOR the purpose of granting the Town of Williamsport in Washington County the authority | |
13 | - | to exercise urban renewal powers in areas zoned for commercial use for blight | |
14 | - | clearance and redevelopment under Article III, Section 61 of the Maryland | |
15 | - | Constitution; authorizing the municipality to levy certain taxes and issue general | |
16 | - | obligation bonds and revenue bonds to carry out urban renewal powers; and | |
17 | - | generally relating to urban renewal authority for blight clearance for the Town of | |
18 | - | Williamsport in Washington County. | |
13 | + | By: Delegate McKay | |
14 | + | Introduced and read first time: January 21, 2022 | |
15 | + | Assigned to: Environment and Transportation | |
16 | + | Committee Report: Favorable | |
17 | + | House action: Adopted | |
18 | + | Read second time: March 13, 2022 | |
19 | 19 | ||
20 | - | BY adding to | |
21 | - | Chapter 153 – Charter of the Town of Williamsport | |
22 | - | Section A1–101 through A1–114 to be under the new heading “Appendix I – Urban | |
23 | - | Renewal Authority for Blight Clearance” | |
24 | - | Public Local Laws of Maryland – Compilation of Municipal Charters | |
25 | - | (2008 Replacement Edition, Revisions Current as of November 2009) | |
20 | + | CHAPTER ______ | |
26 | 21 | ||
27 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
28 | - | That the Public Local Laws of Maryland – Compilation of Municipal Charters read as | |
29 | - | follows: | |
22 | + | AN ACT concerning 1 | |
30 | 23 | ||
31 | - | Chapter 153 – Charter of the Town of Williamsport | |
24 | + | Town of Williamsport (Washington County) – Urban Renewal Authority for 2 | |
25 | + | Blight Clearance 3 | |
32 | 26 | ||
33 | - | APPENDIX I – URBAN RENEWAL AUTHORITY FOR BLIGHT CLEARANCE | |
27 | + | FOR the purpose of granting the Town of Williamsport in Washington County the authority 4 | |
28 | + | to exercise urban renewal powers in areas zoned for commercial use for blight 5 | |
29 | + | clearance and redevelopment under Article III, Section 61 of the Maryland 6 | |
30 | + | Constitution; authorizing the municipality to levy certain taxes and issue general 7 | |
31 | + | obligation bonds and revenue bonds to carry out urban renewal powers; and 8 | |
32 | + | generally relating to urban renewal authority for blight clearance for the Town of 9 | |
33 | + | Williamsport in Washington County. 10 | |
34 | 34 | ||
35 | - | A1–101. DEFINITIONS. | |
35 | + | BY adding to 11 | |
36 | + | Chapter 153 – Charter of the Town of Williamsport 12 | |
37 | + | Section A1–101 through A1–114 to be under the new heading “Appendix I – Urban 13 | |
38 | + | Renewal Authority for Blight Clearance” 14 | |
39 | + | Public Local Laws of Maryland – Compilation of Municipal Charters 15 | |
40 | + | (2008 Replacement Edition, Revisions Current as of November 2009) 16 | |
36 | 41 | ||
37 | - | (A) IN THIS APPENDIX THE FOLLOWING WORDS HAVE THE MEANINGS | |
38 | - | INDICATED. | |
42 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 | |
43 | + | That the Public Local Laws of Maryland – Compilation of Municipal Charters read as 18 | |
44 | + | follows: 19 | |
39 | 45 | ||
40 | - | (B) “BLIGHTED AREA ” MEANS AN AREA OR SIN GLE PROPERTY IN WHIC H | |
41 | - | THE BUILDING OR BUIL DINGS HAVE DECLINED IN PRODUCTIVITY BY REAS ON OF | |
42 | - | OBSOLESCENCE , DEPRECIATION , OR OTHER CAUSES TO A N EXTENT THAT THEY N O | |
43 | - | LONGER JUSTIFY FUNDA MENTAL REPAIRS AND A DEQUATE MAINTENANCE . | |
46 | + | Chapter 153 – Charter of the Town of Williamsport 20 | |
44 | 47 | ||
45 | - | (C) “BONDS” MEANS ANY BONDS (INCLUDING REFUNDING BONDS), NOTES, | |
46 | - | INTERIM CERTIFICATES , CERTIFICATE S OF INDEBTEDNESS , DEBENTURES , OR | |
47 | - | OTHER OBLIGATIONS . Ch. 599 2022 LAWS OF MARYLAND | |
48 | + | APPENDIX I – URBAN RENEWAL AUTHORITY FOR BLIGHT CLEARANCE 21 2 HOUSE BILL 528 | |
48 | 49 | ||
49 | - | – 2 – | |
50 | 50 | ||
51 | - | (D) “FEDERAL GOVERNMENT ” MEANS THE UNITED STATES OF AMERICA OR | |
52 | - | ANY AGENCY OR INSTRU MENTALITY, CORPORATE OR OTHERWI SE, OF THE UNITED | |
53 | - | STATES OF AMERICA. | |
54 | 51 | ||
55 | - | ||
52 | + | A1–101. DEFINITIONS. 1 | |
56 | 53 | ||
57 | - | (F) “PERSON” MEANS ANY INDIVIDUAL , FIRM, PARTNERSHIP , | |
58 | - | CORPORATION , COMPANY, ASSOCIATION, JOINT STOCK ASSOCIAT ION, OR BODY | |
59 | - | POLITIC. IT INCLUDES ANY TRUST EE, RECEIVER, ASSIGNEE, OR OTHER PERSON | |
60 | - | ACTING IN SIMILAR RE PRESENTATIVE CAPACIT Y. | |
54 | + | (A) IN THIS APPENDIX THE FOLLOWING WORDS HAVE THE MEANINGS 2 | |
55 | + | INDICATED. 3 | |
61 | 56 | ||
62 | - | (G) “URBAN RENEWAL AREA ” MEANS A BLIGHTED ARE A WHICH THE | |
63 | - | MUNICIPALITY DESIGNA TES AS APPROPRIATE F OR AN URBAN RENEWAL PROJECT. | |
57 | + | (B) “BLIGHTED AREA ” MEANS AN AREA OR SIN GLE PROPERTY IN WHIC H 4 | |
58 | + | THE BUILDING OR BUIL DINGS HAVE DECLINED IN PRODUCTIVI TY BY REASON OF 5 | |
59 | + | OBSOLESCENCE , DEPRECIATION , OR OTHER CAUSES TO A N EXTENT THAT THEY N O 6 | |
60 | + | LONGER JUSTIFY FUNDA MENTAL REPAIRS AND A DEQUATE MAINTENANCE . 7 | |
64 | 61 | ||
65 | - | (H) “URBAN RENEWAL PLAN ” MEANS A PLAN , AS IT EXISTS FROM TI ME TO | |
66 | - | TIME, FOR AN URBAN RENEWAL PROJECT. THE PLAN SHALL BE SUF FICIENTLY | |
67 | - | COMPLETE TO INDICATE ANY LAND ACQUISITION , DEMOLITION, AND REMOVAL OF | |
68 | - | STRUCTURES , REDEVELOPMENT , IMPROVEMENTS , AND REHABILITATION A S MAY BE | |
69 | - | PROPOSED TO BE CARRI ED OUT IN THE URBAN RENEWAL AREA , ZONING AND | |
70 | - | PLANNING CHANGES , IF ANY, LAND USES, MAXIMUM DENSIT Y, AND BUILDING | |
71 | - | REQUIREMENTS . | |
62 | + | (C) “BONDS” MEANS ANY BONDS (INCLUDING REFUNDING BONDS), NOTES, 8 | |
63 | + | INTERIM CERTIFICATES , CERTIFICATES OF INDE BTEDNESS, DEBENTURES , OR 9 | |
64 | + | OTHER OBLIGATIONS . 10 | |
72 | 65 | ||
73 | - | (I) “URBAN RENEWAL PROJECT ” MEANS UNDERTAKINGS A ND ACTIVITIES | |
74 | - | OF A MUNICIPALITY IN AN URBAN RENEWAL ARE A FOR THE ELIMINATIO N AND FOR | |
75 | - | THE PREVENTION OF TH E DEVELOPMENT OR SPR EAD OF BLIGHT, AND MAY INVOLVE | |
76 | - | CLEARANCE AND REDEVE LOPMENT IN AN URBAN RENEWAL AREA , OR | |
77 | - | REHABILITATION OR CO NSERVATION IN AN URB AN RENEWAL AREA , OR ANY | |
78 | - | COMBINATION OR PART OF THEM IN ACCORDANC E WITH AN URBAN RENE WAL PLAN. | |
79 | - | THESE UNDERTAKINGS AN D ACTIVITIES MAY INC LUDE: | |
66 | + | (D) “FEDERAL GOVERNMENT ” MEANS THE UNITED STATES OF AMERICA OR 11 | |
67 | + | ANY AGENCY OR INSTRU MENTALITY, CORPORATE OR OTHERWI SE, OF THE UNITED 12 | |
68 | + | STATES OF AMERICA. 13 | |
80 | 69 | ||
81 | - | (1) ACQUISITION OF A BLIG HTED AREA OR PORTION OF THE | |
82 | - | BLIGHTED AREA ; | |
70 | + | (E) “MUNICIPALITY” MEANS THE TOWN OF WILLIAMSPORT, MARYLAND. 14 | |
83 | 71 | ||
84 | - | (2) DEMOLITION AND REMOVA L OF BUILDINGS AND I MPROVEMENTS ; | |
72 | + | (F) “PERSON” MEANS ANY INDIVIDUAL , FIRM, PARTNERSHIP , 15 | |
73 | + | CORPORATION , COMPANY, ASSOCIATION, JOINT STOCK ASSOCIAT ION, OR BODY 16 | |
74 | + | POLITIC. IT INCLUDES ANY TRUST EE, RECEIVER, ASSIGNEE, OR OTHER PERSON 17 | |
75 | + | ACTING IN SIMILAR RE PRESENTATIVE CAPACIT Y. 18 | |
85 | 76 | ||
86 | - | (3) INSTALLATION , CONSTRUCTION OR RECO NSTRUCTION OF | |
87 | - | STREETS, UTILITIES, PARKS, PLAYGROUNDS , AND OTHER IMPROVEMEN TS | |
88 | - | NECESSARY FOR CARRYI NG OUT THE URBAN REN EWAL OBJECTIVES OF THIS | |
89 | - | APPENDIX IN ACCORDAN CE WITH THE URBAN RE NEWAL PLAN ; | |
77 | + | (G) “URBAN REN EWAL AREA ” MEANS A BLIGHTED ARE A WHICH THE 19 | |
78 | + | MUNICIPALITY DESIGNA TES AS APPROPRIATE F OR AN URBAN RENEWAL PROJECT. 20 | |
90 | 79 | ||
91 | - | (4) DISPOSITION OF ANY PR OPERTY ACQUIRED IN T HE URBAN LAWRENCE J. HOGAN, JR., Governor Ch. 599 | |
80 | + | (H) “URBAN RENEWAL PLAN ” MEANS A PLAN , AS IT EXISTS FROM TI ME TO 21 | |
81 | + | TIME, FOR AN URBAN RENEWAL PROJECT. THE PLAN SHALL BE SUF FICIENTLY 22 | |
82 | + | COMPLETE TO INDICATE ANY LAND ACQUISITION, DEMOLITION, AND REMOVAL OF 23 | |
83 | + | STRUCTURES , REDEVELOPMENT , IMPROVEMENTS , AND REHABILITATION A S MAY BE 24 | |
84 | + | PROPOSED TO BE CARRI ED OUT IN THE URBAN RENEWAL AREA , ZONING AND 25 | |
85 | + | PLANNING CHANGES , IF ANY, LAND USES, MAXIMUM DENSITY , AND BUILDING 26 | |
86 | + | REQUIREMENTS . 27 | |
92 | 87 | ||
93 | - | – 3 – | |
94 | - | RENEWAL AREA , INCLUDING SALE , INITIAL LEASING , OR RETENTION BY THE | |
95 | - | MUNICIPALITY ITSELF , AT ITS FAIR VALUE FO R USES IN ACCORDANCE WITH THE | |
96 | - | URBAN RENEWAL PLAN ; | |
88 | + | (I) “URBAN RENEWAL PROJECT ” MEANS UNDERTAKINGS A ND ACTIVITIES 28 | |
89 | + | OF A MUNICIPALITY IN AN URBAN RENEWAL ARE A FOR THE ELIMINATIO N AND FOR 29 | |
90 | + | THE PREVENTION OF TH E DEVELOPMENT OR SPR EAD OF BLIGHT, AND MAY INVOLVE 30 | |
91 | + | CLEARANCE AND REDEVE LOPMENT I N AN URBAN RENEWAL A REA, OR 31 | |
92 | + | REHABILITATION OR CO NSERVATION IN AN URB AN RENEWAL AREA , OR ANY 32 | |
93 | + | COMBINATION OR PART OF THEM IN ACCORDANC E WITH AN URBAN RENE WAL PLAN. 33 HOUSE BILL 528 3 | |
97 | 94 | ||
98 | - | (5) CARRYING OUT PLANS FO R A PROGRAM OF VOLUN TARY OR | |
99 | - | COMPULSORY REPAIR AN D REHABILITATION OF BUILDINGS OR OTHER | |
100 | - | IMPROVEMENTS IN ACCO RDANCE WITH THE URBA N RENEWAL PLAN ; | |
101 | 95 | ||
102 | - | (6) ACQUISITION OF ANY OT HER REAL PROPERTY IN THE URBAN | |
103 | - | RENEWAL AREA WHERE N ECESSARY TO ELIMINAT E UNHEALTHFUL , UNSANITARY, | |
104 | - | OR UNSAFE CONDITIONS , LESSEN DENSITY , ELIMINATE OBSOLETE O R OTHER USES | |
105 | - | DETRIMENTAL TO THE P UBLIC WELFARE , OR OTHERWISE TO REMO VE OR PREVENT | |
106 | - | THE SPREAD OF BLIGHT OR DETERIORATI ON, OR TO PROVIDE LAND F OR NEEDED | |
107 | - | PUBLIC FACILITIES ; AND | |
96 | + | THESE UNDERTAKINGS AN D ACTIVITIES MAY INC LUDE: 1 | |
108 | 97 | ||
109 | - | ( | |
110 | - | ||
98 | + | (1) ACQUISITION OF A BLIG HTED AREA OR PORTIO N OF THE 2 | |
99 | + | BLIGHTED AREA ; 3 | |
111 | 100 | ||
112 | - | ||
101 | + | (2) DEMOLITION AND REMOVA L OF BUILDINGS AND I MPROVEMENTS ; 4 | |
113 | 102 | ||
114 | - | (A) THE MUNICIPALITY MAY UNDERTAKE AND CARRY OUT URBAN RENEWAL | |
115 | - | PROJECTS IN AREAS OF THE MUNICIPALITY THAT AR E ZONED FOR COMMERCI AL | |
116 | - | USE. | |
103 | + | (3) INSTALLATION , CONSTRUCTION OR RECO NSTRUCTION OF 5 | |
104 | + | STREETS, UTILITIES, PARKS, PLAYGROUNDS , AND OTHER IMPROVEMEN TS 6 | |
105 | + | NECESSARY FOR CARRYI NG OUT THE URBAN REN EWAL OBJECTIV ES OF THIS 7 | |
106 | + | APPENDIX IN ACCORDAN CE WITH THE URBAN RE NEWAL PLAN; 8 | |
117 | 107 | ||
118 | - | (B) THESE PROJECTS SHALL BE LIMITED: | |
108 | + | (4) DISPOSITION OF ANY PR OPERTY ACQUIRED IN T HE URBAN 9 | |
109 | + | RENEWAL AREA , INCLUDING SALE , INITIAL LEASING , OR RETENTION BY THE 10 | |
110 | + | MUNICIPALITY ITSELF , AT ITS FAIR VALUE FO R USES IN ACCORDANCE WITH THE 11 | |
111 | + | URBAN RENEWAL PLAN ; 12 | |
119 | 112 | ||
120 | - | (1) TO BLIGHT CLEARANCE I N BLIGHTED AREAS AND | |
121 | - | REDEVELOPMENT OR THE REHABILITATION OF BL IGHTED AREAS ; | |
113 | + | (5) CARRYING OUT PLANS FO R A PROGRAM OF VOLUN TARY OR 13 | |
114 | + | COMPULSORY REPAIR AN D REHABILITATION OF BUILDINGS OR OTHER 14 | |
115 | + | IMPROVEMENTS IN ACCO RDANCE WITH THE URBA N RENEWAL PLAN ; 15 | |
122 | 116 | ||
123 | - | ( | |
124 | - | ||
125 | - | ||
126 | - | ||
127 | - | ||
128 | - | ||
117 | + | (6) ACQUISITION OF ANY OT HER REAL PROPERTY IN THE URBAN 16 | |
118 | + | RENEWAL AREA WHERE NECES SARY TO ELIMINATE UN HEALTHFUL , UNSANITARY, 17 | |
119 | + | OR UNSAFE CONDITIONS , LESSEN DENSITY , ELIMINATE OBSOLETE O R OTHER USES 18 | |
120 | + | DETRIMENTAL TO THE P UBLIC WELFARE , OR OTHERWISE TO REMO VE OR PREVENT 19 | |
121 | + | THE SPREAD OF BLIGHT OR DETERIORATION , OR TO PROVIDE LAND FOR NEEDED 20 | |
122 | + | PUBLIC FACILITIES ; AND 21 | |
129 | 123 | ||
130 | - | (3) TO SELL, LEASE, CONVEY, TRANSFER, OR OTHERWISE DISPOSE OF | |
131 | - | ANY OF THE LAND OR P ROPERTY, REGARDLESS OF WHETHE R OR NOT IT HAS BEEN | |
132 | - | DEVELOPED , REDEVELOPED , ALTERED, OR IMPROVED AND IRRE SPECTIVE OF THE | |
133 | - | MANNER OR MEANS IN O R BY WHICH IT MAY HAVE BE EN ACQUIRED, TO ANY PRIVATE, | |
134 | - | PUBLIC, OR QUASI–PUBLIC CORPORATION , PARTNERSHIP , ASSOCIATION, PERSON, | |
135 | - | OR OTHER LEGAL ENTIT Y. | |
136 | - | Ch. 599 2022 LAWS OF MARYLAND | |
124 | + | (7) THE PRESERVATION , IMPROVEMENT , OR EMBELLISHMENT OF 22 | |
125 | + | HISTORIC STRUCTURES OR MONUMENTS . 23 | |
137 | 126 | ||
138 | - | – 4 – | |
139 | - | (C) LAND OR PROPERTY TAKE N BY THE MUNICIPALIT Y FOR ANY OF THESE | |
140 | - | PURPOSES OR IN CONNE CTION WITH THE EXERC ISE OF ANY OF THE POWERS WH ICH | |
141 | - | ARE GRANTED BY THIS APPENDIX TO THE MUNI CIPALITY BY EXERCISI NG THE | |
142 | - | POWER OF EMINENT DOM AIN MAY NOT BE TAKEN WITHOUT JUST COMPENS ATION, | |
143 | - | AS AGREED ON BETWEEN THE PARTIES, OR AWARDED BY A JURY , BEING FIRST PAID | |
144 | - | OR TENDERED TO THE P ARTY ENTITLED TO THE COMP ENSATION. | |
127 | + | A1–102. POWERS. 24 | |
145 | 128 | ||
146 | - | (D) ALL LAND OR PROPERTY NEEDED OR TAKEN BY T HE EXERCISE OF THE | |
147 | - | POWER OF EMINENT DOM AIN BY THE MUNICIPAL ITY FOR ANY OF THESE PURPOSES | |
148 | - | OR IN CONNECTION WIT H THE EXERCISE OF AN Y OF THE POWERS GRAN TED BY THIS | |
149 | - | APPENDIX IS DECLARED TO BE NEEDE D OR TAKEN FOR PUBLI C USES AND | |
150 | - | PURPOSES. | |
129 | + | (A) THE MUNICIPALITY MAY UNDERTAKE AND CARRY OUT URBAN RENEWAL 25 | |
130 | + | PROJECTS IN AREAS OF THE MUNICIPALITY THA T ARE ZONED FOR COMMER CIAL 26 | |
131 | + | USE. 27 | |
151 | 132 | ||
152 | - | (E) ANY OR ALL OF THE ACT IVITIES AUTHORIZED P URSUANT TO THIS | |
153 | - | APPENDIX CONSTITUTE GOVERNMENTAL FUNCTIO NS UNDERTAKEN FOR PU BLIC | |
154 | - | USES AND PURPOSES AN D THE POWER OF TAXAT ION MAY BE EXERCISED , PUBLIC | |
155 | - | FUNDS EXPENDED , AND PUBLIC CREDIT EX TENDED IN FURTHERANC E OF THEM. | |
133 | + | (B) THESE PROJECTS SHALL BE LIMITED: 28 | |
156 | 134 | ||
157 | - | A1–103. ADDITIONAL POWERS . | |
135 | + | (1) TO BLIGHT CLEARANCE I N BLIGHTED AREAS AND 29 | |
136 | + | REDEVELOPMENT OR THE REHABILITATION OF BL IGHTED AREAS ; 30 | |
158 | 137 | ||
159 | - | THE MUNICIPALITY HAS THE FOLLOWING ADDITI ONAL POWERS . THESE | |
160 | - | POWERS ARE DECLARED TO BE NECESSARY AND PROPER TO CARRY INTO FULL | |
161 | - | FORCE AND EFFECT THE SPECIFIC POWERS GRANTED IN THI S APPENDIX AND TO | |
162 | - | FULLY ACCOMPLISH THE PURPOSES AND OBJECTS CONTEMPLATED BY THE | |
163 | - | PROVISIONS OF THIS S ECTION: | |
138 | + | (2) TO ACQUIRE IN CONNECT ION WITH THOSE PROJE CTS, WITHIN 31 4 HOUSE BILL 528 | |
164 | 139 | ||
165 | - | (1) TO MAKE OR HAVE MADE ALL SURVEYS AND PLAN S NECESSARY TO | |
166 | - | THE CARRYING OUT OF THE PURPOSES OF THIS APPENDIX AND TO ADOP T OR | |
167 | - | APPROVE, MODIFY, AND AMEND THOSE PLAN S. THESE PLANS MAY INCLU DE, BUT | |
168 | - | ARE NOT LIMITED TO : | |
169 | 140 | ||
170 | - | (I) PLANS FOR CARRYING OU T A PROGRAM OF VOLUN TARY OR | |
171 | - | COMPULSORY REPAIR AN D REHABILITATION OF BUILDINGS AND IMPROV EMENTS; | |
141 | + | THE CORPORATE LIMITS OF THE MUNICIPALITY , LAND AND PROPERTY OF EVERY 1 | |
142 | + | KIND AND ANY RIGHT , INTEREST, FRANCHISE, EASEMENT, OR PRIVILEGE , 2 | |
143 | + | INCLUDING LAND OR PR OPERTY AND ANY RIGHT OR INTEREST ALREADY DEVOTED 3 | |
144 | + | TO PUBLIC USE, BY PURCHASE, LEASE, GIFT, CONDEMNATION , OR ANY OTHER LEGAL 4 | |
145 | + | MEANS; AND 5 | |
172 | 146 | ||
173 | - | (II) PLANS FOR THE ENFORCE MENT OF CO DES AND | |
174 | - | REGULATIONS RELATING TO THE USE OF LAND A ND THE USE AND OCCUP ANCY OF | |
175 | - | BUILDINGS AND IMPROV EMENTS AND TO THE CO MPULSORY REPAIR , | |
176 | - | REHABILITATION , DEMOLITION, OR REMOVAL OF BUILDI NGS AND IMPROVEMENTS ; | |
177 | - | AND | |
147 | + | (3) TO SELL, LEASE, CONVEY, TRANSFER, OR OTHERWISE DISPOSE OF 6 | |
148 | + | ANY OF THE LAND OR P ROPERTY, REGARDLESS OF WHETHE R OR NOT IT HAS BEEN 7 | |
149 | + | DEVELOPED , REDEVELOPED , ALTERED, OR IMPROVED AND IRRE SPECTIVE OF THE 8 | |
150 | + | MANNER OR MEANS IN O R BY WHICH IT MAY HA VE BEEN ACQUIRED , TO ANY PRIVATE, 9 | |
151 | + | PUBLIC, OR QUASI–PUBLIC CORPORATION , PARTNERSHIP , ASSOCIATION, PERSON, 10 | |
152 | + | OR OTHER LEGAL ENTIT Y. 11 | |
178 | 153 | ||
179 | - | (III) APPRAISALS, TITLE SEARCHES , SURVEYS, STUDIES, AND | |
180 | - | OTHER PLANS AND WORK NECESSARY TO PREPARE FOR THE UNDERTAKING OF LAWRENCE J. HOGAN, JR., Governor Ch. 599 | |
154 | + | (C) LAND OR PROPERTY TAKE N BY THE MUNICIPALIT Y FOR ANY OF THESE 12 | |
155 | + | PURPOSES OR IN CONNE CTION WITH THE EXERC ISE OF ANY OF THE PO WERS WHICH 13 | |
156 | + | ARE GRANTED BY THIS APPENDIX TO THE MUNI CIPALITY BY EXERCISI NG THE 14 | |
157 | + | POWER OF EMINENT DOM AIN MAY NOT BE TAKEN WITHOUT JUST COMPENS ATION, 15 | |
158 | + | AS AGREED ON BETWEEN THE PARTIES, OR AWARDED BY A JURY , BEING FIRST PAID 16 | |
159 | + | OR TENDERED TO THE P ARTY ENTITLED TO THE COMPENSATION . 17 | |
181 | 160 | ||
182 | - | – 5 – | |
183 | - | URBAN RENEWAL PROJEC TS AND RELATED ACTIV ITIES, AND TO APPLY FOR , | |
184 | - | ACCEPT, AND UTILIZE GRANTS O F FUNDS FROM THE FED ERAL GOVERNMENT OR A NY | |
185 | - | OTHER GOVERNMENTAL E NTITY FOR THOSE PURP OSES; | |
161 | + | (D) ALL LAND OR PROPERTY NEEDED OR TAKEN BY T HE EXERCISE OF THE 18 | |
162 | + | POWER OF EMINENT DOM AIN BY THE MUNICIPAL ITY FOR ANY OF THESE PURPOSES 19 | |
163 | + | OR IN CONNECTION WIT H THE EXERCISE OF AN Y OF THE POWERS GRAN TED BY THIS 20 | |
164 | + | APPENDIX IS DECLARED TO BE NEEDED O R TAKEN FOR PUBLIC U SES AND 21 | |
165 | + | PURPOSES. 22 | |
186 | 166 | ||
187 | - | (2) TO PREPARE PLANS FOR THE RELOCATION OF PE RSONS | |
188 | - | (INCLUDING FAMILIES , BUSINESS CONCERNS , AND OTHERS ) DISPLACED FROM AN | |
189 | - | URBAN RENEWAL AREA , AND TO MAKE RELOCATI ON PAYMENTS TO OR WI TH | |
190 | - | RESPECT TO THOSE PER SONS FOR MOVING EXPE NSES AND LOSSES OF P ROPERTY | |
191 | - | FOR WHICH REIMBURSEM ENT OR COMPENSATION IS NOT OTHERWISE MAD E, | |
192 | - | INCLUDING THE MAKING OF PAYMENTS FINANCED BY THE FEDERAL GOVER NMENT; | |
167 | + | (E) ANY OR ALL OF THE ACT IVITIES AUTHORIZED P URSUANT TO THIS 23 | |
168 | + | APPENDIX CONSTITUTE GOVERNMENTAL FUNCTIO NS UNDERTAKEN FOR PU BLIC 24 | |
169 | + | USES AND PURPOSES AN D THE POWER OF TAXAT ION MAY BE EXERCISED , PUBLIC 25 | |
170 | + | FUNDS EXPENDED , AND PUBLIC CREDIT EXTENDE D IN FURTHERANCE OF THEM. 26 | |
193 | 171 | ||
194 | - | (3) TO APPROPRIATE WHATEV ER FUNDS AND MAKE WH ATEVER | |
195 | - | EXPENDITURES AS MAY BE NECESSARY TO CARR Y OUT THE PURPOSES O F THIS | |
196 | - | APPENDIX, INCLUDING, BUT NOT LIMITED : | |
172 | + | A1–103. ADDITIONAL POWERS . 27 | |
197 | 173 | ||
198 | - | (I) TO THE PAYMENT OF ANY AND ALL COSTS AND EX PENSES | |
199 | - | INCURRED IN CONNECTI ON WITH, OR INCIDENTAL TO , THE ACQUISITION OF L AND | |
200 | - | OR PROPERTY , AND FOR THE DEMOLITI ON, REMOVAL, RELOCATION , RENOVATION, | |
201 | - | OR ALTERATION OF LAN D, BUILDINGS, STREETS, HIGHWAYS, ALLEYS, UTILITIES, OR | |
202 | - | SERVICES, AND OTHER STRUCTURES OR IMPROVEMENTS , AND FOR THE | |
203 | - | CONSTRUCTION , RECONSTRUCTION , INSTALLATION, RELOCATION , OR REPAIR OF | |
204 | - | STREETS, HIGHWAYS, ALLEYS, UTILITIES, OR SERVICES , IN CONNECTION WITH | |
205 | - | URBAN RENEWAL PROJECTS ; | |
174 | + | THE MUNICIPALITY HAS THE FOLLOWING ADDITI ONAL POWERS . THESE 28 | |
175 | + | POWERS ARE DECLARED TO BE NECESSARY AND PROPER TO CARRY INTO FULL 29 | |
176 | + | FORCE AND EFFECT THE SPECIFIC POWERS GRAN TED IN THIS APPENDIX AND TO 30 | |
177 | + | FULLY ACCOMPLISH THE PURPOSES AND OBJECTS CONTEMPLATED BY THE 31 | |
178 | + | PROVISIONS OF THIS S ECTION: 32 | |
206 | 179 | ||
207 | - | (II) TO LEVY TAXES AND ASS ESSMENTS FOR THOSE P URPOSES; | |
180 | + | (1) TO MAKE OR HAVE MADE ALL SURVEYS AND PLAN S NECESSARY TO 33 | |
181 | + | THE CARRYING OUT OF THE PURPOSES OF THIS APPENDIX AND TO ADOP T OR 34 | |
182 | + | APPROVE, MODIFY, AND AMEND THOSE PLANS . THESE PLANS MAY INCLU DE, BUT 35 | |
183 | + | ARE NOT LIMITED TO : 36 HOUSE BILL 528 5 | |
208 | 184 | ||
209 | - | (III) TO BORROW MONEY AND T O APPLY FOR AND ACCE PT | |
210 | - | ADVANCES, LOANS, GRANTS, CONTRIBUTIONS , AND ANY OTHER FORM O F FINANCIAL | |
211 | - | ASSISTANCE FROM THE FEDERAL GOVERNMENT , THE STATE, COUNTY, OR OTHER | |
212 | - | PUBLIC BODIES, OR FROM ANY SOURCES , PUBLIC OR PRIVATE , FOR THE PURPOSES | |
213 | - | OF THIS APPENDIX , AND TO GIVE WHATEVER SECURITY AS MAY BE R EQUIRED FOR | |
214 | - | THIS FINANCIAL ASSIS TANCE; AND | |
215 | 185 | ||
216 | - | (IV) TO INVEST ANY URBAN R ENEWAL FUNDS HELD IN RESERVES | |
217 | - | OR SINKING FUNDS OR ANY OF THESE FUNDS N OT REQUIRED FOR IMME DIATE | |
218 | - | DISBURSEMENT IN PROP ERTY OR SECURITIES W HICH ARE LEGAL INVES TMENTS FOR | |
219 | - | OTHER MUNICIPAL FUND S; | |
220 | 186 | ||
221 | - | (4) (I) TO HOLD , IMPROVE, CLEAR, OR PREPARE FOR | |
222 | - | REDEVELOPMENT ANY PR OPERTY ACQUIRED IN C ONNECTION WITH URBAN | |
223 | - | RENEWAL PROJECTS ; | |
187 | + | (I) PLANS FOR CARRYING OU T A PROGRAM OF VOLUN TARY OR 1 | |
188 | + | COMPULSORY REPAIR AN D REHABILITATION OF BUILDINGS AND IMPROV EMENTS; 2 | |
224 | 189 | ||
225 | - | (II) TO MORTGAGE , PLEDGE, HYPOTHECATE , OR OTHERWISE Ch. 599 2022 LAWS OF MARYLAND | |
190 | + | (II) PLANS FOR THE ENFORCE MENT OF CODES AND 3 | |
191 | + | REGULATIONS RELATING TO THE USE OF LAND AND THE USE AND OCCUPANCY OF 4 | |
192 | + | BUILDINGS AND IMPROV EMENTS AND TO THE CO MPULSORY REPAIR , 5 | |
193 | + | REHABILITATION , DEMOLITION, OR REMOVAL OF BUILDI NGS AND IMPROVEMENTS ; 6 | |
194 | + | AND 7 | |
226 | 195 | ||
227 | - | – 6 – | |
228 | - | ENCUMBER THAT PROPER TY; AND | |
196 | + | (III) APPRAISALS, TITLE SEARCHES , SURVEYS, STUDIES, AND 8 | |
197 | + | OTHER PL ANS AND WORK NECESSA RY TO PREPARE FOR TH E UNDERTAKING OF 9 | |
198 | + | URBAN RENEWAL PROJEC TS AND RELATED ACTIV ITIES, AND TO APPLY FOR , 10 | |
199 | + | ACCEPT, AND UTILIZE GRANTS O F FUNDS FROM THE FED ERAL GOVERNMENT OR A NY 11 | |
200 | + | OTHER GOVERNMENTAL E NTITY FOR THOSE PURP OSES; 12 | |
229 | 201 | ||
230 | - | (III) TO INSURE OR PROVIDE FOR THE INSURANCE OF THE | |
231 | - | PROPERTY OR OPERATIO NS OF THE MUNICIPALI TY AGAINST ANY RISKS OR | |
232 | - | HAZARDS, INCLUDING THE POWER TO PAY PREMIUMS ON ANY INSU RANCE; | |
202 | + | (2) TO PREPARE PLANS FOR THE RELOCA TION OF PERSONS 13 | |
203 | + | (INCLUDING FAMILIES , BUSINESS CONCERNS , AND OTHERS ) DISPLACED FROM AN 14 | |
204 | + | URBAN RENEWAL AREA , AND TO MAKE RELOCATI ON PAYMENTS TO OR WI TH 15 | |
205 | + | RESPECT TO THOSE PER SONS FOR MOVING EXPE NSES AND LOSSES OF P ROPERTY 16 | |
206 | + | FOR WHICH REIMBURS EMENT OR COMPENSATIO N IS NOT OTHERWISE M ADE, 17 | |
207 | + | INCLUDING THE MAKING OF PAYMENTS FINANCED BY THE FEDERAL GOVER NMENT; 18 | |
233 | 208 | ||
234 | - | (5) TO MAKE AND EXECUTE A LL CONTRACTS AND OTH ER | |
235 | - | INSTRUMENTS NECESSAR Y OR CONVENIENT TO T HE EXERCISE OF ITS P OWERS | |
236 | - | UNDER THIS APPENDIX , INCLUDING THE POWER TO ENTER INTO AGREEM ENTS WITH | |
237 | - | OTHER PUBLIC BODIES OR AGENCIES (THESE AGREEMENTS MAY EXTEND OVER ANY | |
238 | - | PERIOD, NOTWITHSTANDING ANY PROVISION OR RULE OF LAW TO THE CONTRARY ), | |
239 | - | AND TO INCLUDE IN AN Y CONTRACT FOR FINAN CIAL ASSISTANCE WITH THE | |
240 | - | FEDERAL GOVERNMENT F OR OR WITH RESPECT T O AN URBAN RENEWAL P ROJECT | |
241 | - | AND RELATED ACTIVITIES A NY CONDITIONS IMPOSE D PURSUANT TO FEDERA L LAWS | |
242 | - | AS THE MUNICIPALITY CONSIDERS REASONABLE AND APPROPRIATE ; | |
209 | + | (3) TO APPROPRIATE WHATEV ER FUNDS AND MAKE WH ATEVER 19 | |
210 | + | EXPENDITURES AS MAY BE NECESSARY TO CARR Y OUT THE PURPOSES O F THIS 20 | |
211 | + | APPENDIX, INCLUDING, BUT NOT LIMITED : 21 | |
243 | 212 | ||
244 | - | (6) TO ENTER INTO ANY BUI LDING OR PROPERTY IN ANY URBAN | |
245 | - | RENEWAL AREA IN ORDE R TO MAKE INSPECTION S, SURVEYS, APPRAISALS, | |
246 | - | SOUNDING S, OR TEST BORINGS, AND TO OBTAIN AN ORD ER FOR THIS PURPOSE FROM | |
247 | - | THE CIRCUIT COURT FO R THE COUNTY IN WHIC H THE MUNICIPALITY I S SITUATED IN | |
248 | - | THE EVENT ENTRY IS D ENIED OR RESISTED ; | |
213 | + | (I) TO THE PAYMENT OF ANY AND ALL COSTS AND EX PENSES 22 | |
214 | + | INCURRED IN CONNECTI ON WITH, OR INCIDENTAL TO , THE ACQUISITION OF L AND 23 | |
215 | + | OR PROPERTY , AND FOR THE DEMOLITI ON, REMOVAL, RELOCATION , RENOVATION , 24 | |
216 | + | OR ALTERATION OF LAN D, BUILDINGS, STREETS, HIGHWAYS, ALLEYS, UTILITIES, OR 25 | |
217 | + | SERVICES, AND OTHER STRUCTURES OR IMPROVEMENTS , AND FOR THE 26 | |
218 | + | CONSTRUCTION , RECONSTRUCTION , INSTALLATION, RELOCATION, OR REPAIR OF 27 | |
219 | + | STREETS, HIGHWAYS, ALLEYS, UTILITIES, OR SERVICES, IN CONNECTION WITH 28 | |
220 | + | URBAN RENEWAL PROJEC TS; 29 | |
249 | 221 | ||
250 | - | (7) TO PLAN, REPLAN, INSTALL, CONSTRUCT , RECONSTRUCT , | |
251 | - | REPAIR, CLOSE, OR VACATE STREETS, ROADS, SIDEWALKS, PUBLIC UTILITIES , | |
252 | - | PARKS, PLAYGROUNDS , AND OTHER PUBLIC IMP ROVEMENTS IN CONNECT ION WITH | |
253 | - | AN URBAN RENEWAL PRO JECT AND TO MAKE EXC EPTIONS FROM BUILDIN G | |
254 | - | REGULATIONS ; | |
222 | + | (II) TO LEVY TAXES AND ASS ESSMENTS FOR THOSE P URPOSES; 30 | |
255 | 223 | ||
256 | - | ( | |
257 | - | ||
258 | - | ||
259 | - | ||
260 | - | ||
224 | + | (III) TO BORROW MONEY AND T O APPLY FOR AND ACCE PT 31 | |
225 | + | ADVANCES, LOANS, GRANTS, CONTRIBUTIONS , AND ANY OTHER FORM O F FINANCIAL 32 | |
226 | + | ASSISTANCE FROM THE FEDERAL GOVERNMENT , THE STATE, COUNTY, OR OTHER 33 | |
227 | + | PUBLIC BODIES, OR FROM ANY SOURCES , PUBLIC OR PRIVATE , FOR THE PURPOSES 34 | |
228 | + | OF THIS APPENDIX , AND TO GIVE WHATEVER SECURITY AS MAY BE R EQUIRED FOR 35 6 HOUSE BILL 528 | |
261 | 229 | ||
262 | - | (9) TO EXERCISE AL L OR ANY PART OR COM BINATION OF THE | |
263 | - | POWERS GRANTED IN TH IS APPENDIX. | |
264 | 230 | ||
265 | - | ||
231 | + | THIS FINANCIAL ASSIS TANCE; AND 1 | |
266 | 232 | ||
267 | - | (A) A MUNICIPALITY MAY ITS ELF EXERCISE ALL THE POWERS GRANTED BY | |
268 | - | THIS APPENDIX , OR MAY, IF ITS LEGISLATIVE B ODY BY ORDINANCE DET ERMINES | |
269 | - | THE ACTION TO BE IN THE PUBLIC INTEREST , ELECT TO HAVE THE PO WERS LAWRENCE J. HOGAN, JR., Governor Ch. 599 | |
233 | + | (IV) TO INVEST ANY URBAN R ENEWAL FUNDS HELD IN RESERVES 2 | |
234 | + | OR SINKING FUNDS OR ANY OF THESE FUNDS NOT R EQUIRED FOR IMMEDIAT E 3 | |
235 | + | DISBURSEMENT IN PROP ERTY OR SECURITIES W HICH ARE LEGAL INVES TMENTS FOR 4 | |
236 | + | OTHER MUNICIPAL FUND S; 5 | |
270 | 237 | ||
271 | - | – 7 – | |
272 | - | EXERCISED BY A SEPAR ATE PUBLIC BODY OR A GENCY. | |
238 | + | (4) (I) TO HOLD , IMPROVE, CLEAR, OR PREPARE FOR 6 | |
239 | + | REDEVELOPMENT ANY PR OPERTY ACQUIRED IN C ONNECTION WITH URBAN 7 | |
240 | + | RENEWAL PROJECTS; 8 | |
273 | 241 | ||
274 | - | (B) IN THE EVENT THE LEGI SLATIVE BODY MAKES T HAT DETERMINATION , | |
275 | - | IT SHALL PROCEED BY ORDINANCE TO ESTABLI SH A PUBLIC BODY OR AGENCY TO | |
276 | - | UNDERTA KE IN THE MUNICIPALI TY THE ACTIVITIES AU THORIZED BY THIS | |
277 | - | APPENDIX. | |
242 | + | (II) TO MORTGAGE , PLEDGE, HYPOTHECATE , OR OTHERWISE 9 | |
243 | + | ENCUMBER THAT PROPER TY; AND 10 | |
278 | 244 | ||
279 | - | (C) THE ORDINANCE SHALL I NCLUDE PROVISIONS ES TABLISHING THE | |
280 | - | NUMBER OF MEMBERS OF THE PUBLIC BODY OR A GENCY, THE MANNER OF THEIR | |
281 | - | APPOINTMENT AND REMO VAL, AND THE TERMS OF THE MEMBERS AND T HEIR | |
282 | - | COMPENSATION . | |
245 | + | (III) TO INSURE OR PROVIDE FOR THE INSURANCE OF THE 11 | |
246 | + | PROPERTY OR OPERATIO NS OF THE MUNICIPALI TY AGAINST ANY RISKS OR 12 | |
247 | + | HAZARDS, INCLUDING THE POWER TO PAY PREMI UMS ON ANY INSURANCE ; 13 | |
283 | 248 | ||
284 | - | (D) THE ORDINANCE MAY INC LUDE WHATEVER ADDITI ONAL PROVISIONS | |
285 | - | RELATING TO THE ORGA NIZATION OF THE PUBL IC BODY OR AGENCY AS MAY BE | |
286 | - | NECESSARY. | |
249 | + | (5) TO MAKE AND EXECUTE A LL CONTRACTS AND OTH ER 14 | |
250 | + | INSTRUMENTS NECESSAR Y OR CONVENIENT TO T HE EXERCISE OF ITS P OWERS 15 | |
251 | + | UNDER THIS APPENDIX , INCLUDING THE POWER TO ENTER INTO AGREEM ENTS WITH 16 | |
252 | + | OTHER PUBLIC BODIES OR AGENCIES (THESE AGREEMENTS MAY EXTEN D OVER ANY 17 | |
253 | + | PERIOD, NOTWITHSTANDING ANY PROVISION OR RULE OF LAW TO THE CONTRARY ), 18 | |
254 | + | AND TO INCLUDE IN AN Y CONTRACT FOR FINAN CIAL ASSISTANCE WITH THE 19 | |
255 | + | FEDERAL GOVERNMENT F OR OR WITH RESPECT T O AN URBAN RENEWAL P ROJECT 20 | |
256 | + | AND RELATED ACTIVITI ES ANY CONDITIONS IMPOS ED PURSUANT TO FEDER AL LAWS 21 | |
257 | + | AS THE MUNICIPALITY CONSIDERS REASONABLE AND APPROPRIATE ; 22 | |
287 | 258 | ||
288 | - | (E) IN THE EVENT THE LEGI SLATIVE BODY ENACTS THIS ORDINANCE , ALL | |
289 | - | OF THE POWERS BY THI S APPENDIX GRANTED TO THE MU NICIPALITY, FROM THE | |
290 | - | EFFECTIVE DATE OF TH E ORDINANCE, ARE VESTED IN THE PU BLIC BODY OR AGENCY | |
291 | - | ESTABLISHED BY THE O RDINANCE. | |
259 | + | (6) TO ENTER INTO ANY BUI LDING OR PROPERTY IN ANY URBAN 23 | |
260 | + | RENEWAL AREA IN ORDE R TO MAKE INSPECTION S, SURVEYS, APPRAISALS, 24 | |
261 | + | SOUNDINGS, OR TEST BORINGS , AND TO OBTAIN AN ORD ER FOR THIS PURPOSE FROM 25 | |
262 | + | THE CIRCUIT COURT FO R THE COUNTY IN WHIC H THE MUNICIPALITY I S SITUATED IN 26 | |
263 | + | THE EVENT ENTRY IS D ENIED OR RESISTED ; 27 | |
292 | 264 | ||
293 | - | A1–105. POWERS WITHHELD FROM THE AGENCY. | |
265 | + | (7) TO PLAN, REPLAN, INSTALL, CONSTRUCT, RECONSTRUCT , 28 | |
266 | + | REPAIR, CLOSE, OR VACATE STREETS , ROADS, SIDEWALKS, PUBLIC UTILITIES , 29 | |
267 | + | PARKS, PLAYGROUNDS , AND OTHER PUBLIC IMP ROVEMENTS IN CONNECT ION WITH 30 | |
268 | + | AN URBAN RENEWAL PRO JECT AND TO MAKE EXC EPTIONS FROM BUILDIN G 31 | |
269 | + | REGULATIONS ; 32 | |
294 | 270 | ||
295 | - | THE AGENCY MAY NOT : | |
271 | + | (8) TO GENERALLY ORGANIZE , COORDINATE , AND DIRECT THE 33 | |
272 | + | ADMINISTRATION OF TH E PROVISIONS OF THIS APP ENDIX AS THEY APPLY TO THE 34 | |
273 | + | MUNICIPALITY IN ORDE R THAT THE OBJECTIVE OF REMEDYING BLIGHTE D AREAS 35 HOUSE BILL 528 7 | |
296 | 274 | ||
297 | - | (1) PASS A RESOLUTION TO INITIATE AN URBAN RE NEWAL PROJECT | |
298 | - | PURSUANT TO SECTIONS A1–102 AND A1–103 OF THIS APPENDIX ; | |
299 | 275 | ||
300 | - | ||
301 | - | ||
276 | + | AND PREVENTING ITS C AUSES WITHIN THE MUN ICIPALITY MAY BE PRO MOTED AND 1 | |
277 | + | ACHIEVED MOST EFFECT IVELY; AND 2 | |
302 | 278 | ||
303 | - | ( | |
304 | - | ||
279 | + | (9) TO EXERCISE ALL OR AN Y PART OR C OMBINATION OF THE 3 | |
280 | + | POWERS GRANTED IN TH IS APPENDIX. 4 | |
305 | 281 | ||
306 | - | A1– | |
282 | + | A1–104. ESTABLISHMENT OF URBA N RENEWAL AGENCY . 5 | |
307 | 283 | ||
308 | - | IN ORDER TO INITIATE AN URBAN RENEWAL PRO JECT, THE LEGISLATIVE | |
309 | - | BODY OF THE MUNICIPA LITY SHALL ADOPT A R ESOLUTION WHICH : | |
284 | + | (A) A MUNICIPALITY MAY ITS ELF EXERCISE ALL THE POWERS GRANTED BY 6 | |
285 | + | THIS APPENDIX , OR MAY, IF ITS LEGISLATIVE B ODY BY ORDINANCE DET ERMINES 7 | |
286 | + | THE ACTION TO BE IN THE PUBLIC INTEREST , ELECT TO HAVE THE PO WERS 8 | |
287 | + | EXERCISED BY A SEPAR ATE PUBLIC BODY OR A GENCY. 9 | |
310 | 288 | ||
311 | - | (1) FINDS THAT ONE OR MOR E BLIGHTED AREAS EXI ST IN THE | |
312 | - | MUNICIPALITY ; | |
289 | + | (B) IN THE EVENT THE LEGI SLATIVE BODY MAKES T HAT DETERMINATION , 10 | |
290 | + | IT SHALL PROCEED BY ORDINANCE TO ESTABLI SH A PUBLIC BODY OR AGENCY TO 11 | |
291 | + | UNDERTAKE IN THE MUN ICIPALITY THE ACTIVITIES A UTHORIZED BY THIS 12 | |
292 | + | APPENDIX. 13 | |
313 | 293 | ||
314 | - | (2) LOCATES AND DEFINES THE BLIGHTED AREA; AND Ch. 599 2022 LAWS OF MARYLAND | |
294 | + | (C) THE ORDINANCE SHALL I NCLUDE PROVISIONS ES TABLISHING THE 14 | |
295 | + | NUMBER OF MEMBERS OF THE PUBLIC BODY OR A GENCY, THE MANNER OF THEIR 15 | |
296 | + | APPOINTMENT AND REMO VAL, AND THE TERMS OF THE MEMBERS AND THEIR 16 | |
297 | + | COMPENSATION . 17 | |
315 | 298 | ||
316 | - | – 8 – | |
299 | + | (D) THE ORDINANCE MAY INC LUDE WHATEVER ADDITI ONAL PROVISIONS 18 | |
300 | + | RELATING TO THE ORGA NIZATION OF THE PUBL IC BODY OR AGENCY AS MAY BE 19 | |
301 | + | NECESSARY. 20 | |
317 | 302 | ||
318 | - | ( | |
319 | - | ||
320 | - | ||
321 | - | ||
303 | + | (E) IN THE EVENT THE LEGI SLATIVE BODY ENACTS THIS ORDINANCE , ALL 21 | |
304 | + | OF THE POWERS BY THI S APPENDIX GRANTED T O THE MUNICIPALITY, FROM THE 22 | |
305 | + | EFFECTIVE DATE OF TH E ORDINANCE, ARE VESTED IN THE PU BLIC BODY OR AGENCY 23 | |
306 | + | ESTABLISHED BY THE O RDINANCE. 24 | |
322 | 307 | ||
323 | - | A1– | |
308 | + | A1–105. POWERS WITHHELD FROM THE AGENCY. 25 | |
324 | 309 | ||
325 | - | (A) IN ORDER TO CARRY OUT THE PURPOSES OF THIS APPENDIX, THE | |
326 | - | MUNICIPALITY SHALL H AVE PREPARED AN URBA N RENEWAL PLAN FOR B LIGHTED | |
327 | - | AREAS IN THE MUNICIP ALITY AND SHALL APPR OVE THE PLAN FORM ALLY. THE | |
328 | - | MUNICIPALITY SHALL H OLD A PUBLIC HEARING ON AN URBAN RENEWAL PROJECT | |
329 | - | AFTER PUBLIC NOTICE OF IT BY PUBLICATION IN A NEWSPAPER HAVIN G A GENERAL | |
330 | - | CIRCULATION WITHIN T HE CORPORATE LIMITS OF THE MUNICIPALITY . THE NOTICE | |
331 | - | SHALL DESCRIBE THE T IME, DATE, PLACE, AND PURPOSE OF THE H EARING, SHALL | |
332 | - | GENERALLY IDENTIFY T HE URBAN RENEWAL ARE A COVERED BY THE PLA N, AND | |
333 | - | SHALL OUTLINE THE GE NERAL SCOPE OF THE U RBAN RENEWAL PROJECT UNDER | |
334 | - | CONSIDERATION . FOLLOWING THE HEARING , THE MUNICIPALITY MAY APPROVE AN | |
335 | - | URBAN RENEWA L PROJECT AND THE PL AN THEREFOR IF IT FI NDS THAT: | |
310 | + | THE AGENCY MAY NOT : 26 | |
336 | 311 | ||
337 | - | (1) A FEASIBLE METHOD EXIS TS FOR THE LOCATION OF ANY | |
338 | - | FAMILIES OR NATURAL PERSONS WHO WILL BE DISPLACED FROM THE U RBAN | |
339 | - | RENEWAL AREA IN DECE NT, SAFE, AND SANITARY DWELLIN G ACCOMMODATIONS | |
340 | - | WITHIN THEIR MEANS AND WITHOUT UNDUE HA RDSHIP TO THE FAMILI ES OR | |
341 | - | NATURAL PERSONS ; | |
312 | + | (1) PASS A RESOLUTION TO INITIATE AN URBAN RE NEWAL PROJECT 27 | |
313 | + | PURSUANT TO SECTIONS A1–102 AND A1–103 OF THIS APPENDIX ; 28 | |
342 | 314 | ||
343 | - | (2) | |
344 | - | ||
315 | + | (2) ISSUE GENERAL OBLIGAT ION BONDS PURSUANT T O SECTION 29 | |
316 | + | A1–111 OF THIS APPENDIX ; OR 30 | |
345 | 317 | ||
346 | - | (3) THE URBAN RENEWAL PLA N WILL AFFORD MAXIMU M | |
347 | - | OPPORTUNITY , CONSISTENT WITH THE SOUND NEEDS OF THE MU NICIPALITY AS A | |
348 | - | WHOLE, FOR THE REHABILITATI ON OR REDEVELOPMENT OF THE URBAN RENEWAL | |
349 | - | AREA BY PRIVATE ENTE RPRISE. | |
318 | + | (3) APPROPRIATE FUNDS OR LEVY TAXES AND ASSES SMENTS 31 8 HOUSE BILL 528 | |
350 | 319 | ||
351 | - | (B) AN URBAN RENEWAL PLAN MAY BE MODIFIED AT A NY TIME. IF | |
352 | - | MODIFIED AFTER THE L EASE OR SALE OF REAL PROPERTY IN THE URBA N RENEWAL | |
353 | - | PROJECT AREA , THE MODIFICATION MAY BE CONDITIONED ON WH ATEVER | |
354 | - | APPROVAL OF THE OWNE R, LESSEE, OR SUCCESSOR IN INTE REST AS THE | |
355 | - | MUNICIPALITY CONSIDE RS ADVISABLE. IN ANY EVENT, IT SHALL BE SUBJECT TO | |
356 | - | WHATEVER RIGHTS AT L AW OR IN EQUITY AS A LESSEE OR PU RCHASER, OR THE | |
357 | - | SUCCESSOR OR SUCCESS ORS IN INTEREST, MAY BE ENTITLED TO A SSERT. WHERE | |
358 | - | THE PROPOSED MODIFIC ATION WILL CHANGE SU BSTANTIALLY THE URBA N LAWRENCE J. HOGAN, JR., Governor Ch. 599 | |
359 | 320 | ||
360 | - | – 9 – | |
361 | - | RENEWAL PLAN AS APPR OVED PREVIOUSLY BY T HE MUNICIPALITY , THE | |
362 | - | MODIFICATION SHALL B E APPROVED FORMALLY BY THE MUNICIPALITY, AS IN THE | |
363 | - | CASE OF AN ORIGINAL PLAN. | |
321 | + | PURSUANT TO SECTION A1–103(3) OF THIS APPENDIX . 1 | |
364 | 322 | ||
365 | - | (C) ON THE APPROVAL BY TH E MUNICIPALITY OF AN URBAN RENEWAL PLAN | |
366 | - | OR OF ANY MODIFICATI ON OF IT, THE PLAN OR MODIFICA TION SHALL BE | |
367 | - | CONSIDERED TO BE IN FULL FORCE AND EFFEC T FOR THE RESPECTIVE URBAN | |
368 | - | RENEWAL AREA. THE MUNICIPALITY MAY HAVE THE PLAN OR MOD IFICATION | |
369 | - | CARRIED OUT IN ACCOR DANCE WITH ITS TERMS . | |
323 | + | A1–106. INITIATION OF PROJECT . 2 | |
370 | 324 | ||
371 | - | A1–108. DISPOSAL OF PROPERTY IN URBAN RENEWAL ARE A. | |
325 | + | IN ORDER TO INITIATE AN URBAN RENEWAL PRO JECT, THE LEGISLATIVE 3 | |
326 | + | BODY OF THE MUNICIPA LITY SHALL ADOPT A R ESOLUTION WHICH : 4 | |
372 | 327 | ||
373 | - | (A) THE MUNICIPALITY , BY ORDINANCE , MAY SELL, LEASE, OR OTHERWISE | |
374 | - | TRANSFER REAL PROPER TY OR ANY INTERE ST IN IT ACQUIRED BY IT FOR AN URBAN | |
375 | - | RENEWAL PROJECT TO A NY PERSON FOR RESIDE NTIAL, RECREATIONAL , | |
376 | - | COMMERCIAL , INDUSTRIAL, EDUCATIONAL , OR OTHER USES OR FOR PUBLIC USE, OR | |
377 | - | IT MAY RETAIN THE PR OPERTY OR INTEREST F OR PUBLIC USE , IN ACCORDANCE | |
378 | - | WITH THE URBAN R ENEWAL PLAN AND SUBJ ECT TO WHATEVER COVE NANTS, | |
379 | - | CONDITIONS, AND RESTRICTIONS , INCLUDING COVENANTS RUNNING WITH THE | |
380 | - | LAND, AS IT CONSIDERS NECE SSARY OR DESIRABLE T O ASSIST IN PREVENTI NG THE | |
381 | - | DEVELOPMENT OR SPREA D OF FUTURE BLIGHTED AREAS OR TO OTHERWIS E CARRY | |
382 | - | OUT THE PURPOSES OF THIS APPENDIX. THE PURCHASERS OR LES SEES AND THEIR | |
383 | - | SUCCESSORS AND ASSIG NS SHALL BE OBLIGATE D TO DEVOTE THE REAL PROPERTY | |
384 | - | ONLY TO THE USES SPE CIFIED IN THE URBAN RENEWAL PLAN AND MAY BE | |
385 | - | OBLIGATED TO COMPLY WITH WHATEVER OTHER REQUIREMENT S THE | |
386 | - | MUNICIPALITY DETERMI NES TO BE IN THE PUB LIC INTEREST, INCLUDING THE | |
387 | - | OBLIGATION TO BEGIN WITHIN A REASONABLE TIME ANY IMPROVEMENT S ON THE | |
388 | - | REAL PROPERTY REQUIR ED BY THE URBAN RENE WAL PLAN. THE REAL PROPERTY | |
389 | - | OR INTEREST MAY NOT BE SOLD, LEASED, OTHERWIS E TRANSFERRED , OR RETAINED | |
390 | - | AT LESS THAN ITS FAI R VALUE FOR USES IN ACCORDANCE WITH THE URBAN | |
391 | - | RENEWAL PLAN . IN DETERMINING THE FA IR VALUE OF REAL PRO PERTY FOR USES | |
392 | - | IN ACCORDANCE WITH T HE URBAN RENEWAL PLA N, THE MUNICIPALITY SHA LL TAKE | |
393 | - | INTO ACCOUNT AND GIV E CONSIDERATION TO THE USES PROVIDED IN THE PLAN, | |
394 | - | THE RESTRICTIONS ON , AND THE COVENANTS , CONDITIONS, AND OBLIGATIONS | |
395 | - | ASSUMED BY THE PURCH ASER OR LESSEE OR BY THE MUNICIPALITY RET AINING THE | |
396 | - | PROPERTY, AND THE OBJECTIVES O F THE PLAN FOR THE P REVENTION OF THE | |
397 | - | RECURRENCE OF BLIGHTE D AREAS. IN ANY INSTRUMENT OR CONVEYANCE TO A | |
398 | - | PRIVATE PURCHASER OR LESSEE, THE MUNICIPALITY MAY PROVIDE THAT THE | |
399 | - | PURCHASER OR LESSEE MAY NOT SELL, LEASE, OR OTHERWISE TRANSFE R THE REAL | |
400 | - | PROPERTY WITHOUT THE PRIOR WRITTEN CONSEN T OF THE MUNICIPALITY UNTIL | |
401 | - | THE PURCHASER OR LES SEE HAS COMPLETED TH E CONSTRUCTION OF AN Y OR ALL | |
402 | - | IMPROVEMENTS WHICH T HE PURCHASER OR LESS EE HAS BEEN OBLIGATE D TO | |
403 | - | CONSTRUCT ON THE PRO PERTY. REAL PROPERTY ACQUIRE D BY THE MUNICIPALIT Y Ch. 599 2022 LAWS OF MARYLAND | |
328 | + | (1) FINDS THAT ONE OR MOR E BLIGHTED AREAS EXI ST IN THE 5 | |
329 | + | MUNICIPALITY; 6 | |
404 | 330 | ||
405 | - | – 10 – | |
406 | - | WHICH, IN ACCORDANCE WITH T HE PROVISIONS OF THE URBAN RENEWAL PLAN , IS | |
407 | - | TO BE TRANSFERRED , SHALL BE TRANSFERRED AS RAPIDLY AS FEASIB LE IN THE | |
408 | - | PUBLIC INTEREST CONS ISTENT WITH THE CARR YING OUT OF THE PROV ISIONS OF | |
409 | - | THE URBAN RENEWAL PL AN. ANY CONTRACT FOR THE TRANSFER AND THE URB AN | |
410 | - | RENEWAL PLA N (OR ANY PART OR PARTS OF THE CONTRACT OR P LAN AS THE | |
411 | - | MUNICIPALITY DETERMI NES) MAY BE RECORDED IN T HE LAND RECORDS OF T HE | |
412 | - | COUNTY IN WHICH THE MUNICIPALITY IS SITU ATED IN A MANNER SO AS TO AFFORD | |
413 | - | ACTUAL OR CONSTRUCTI VE NOTICE OF IT. | |
331 | + | (2) LOCATES AND DEFINES T HE BLIGHTED AREA; AND 7 | |
414 | 332 | ||
415 | - | (B) THE MUNICIPALITY , BY ORDINANCE , MAY DISPOSE OF REAL PROPERTY | |
416 | - | IN AN URBAN RENEWAL AREA TO PRIVATE PERS ONS. THE MUNICIPALITY MAY , BY | |
417 | - | PUBLIC NOTICE BY PUB LICATION IN A NEWSPA PER HAVING A GENERAL | |
418 | - | CIRCULATION IN THE C OMMUNITY, INVITE PROPOSALS FRO M AND MAKE AVAILABLE | |
419 | - | ALL PERTIN ENT INFORMATION TO P RIVATE REDEVELOPERS OR ANY PERSONS | |
420 | - | INTERESTED IN UNDERT AKING TO REDEVELOP O R REHABILITATE AN UR BAN | |
421 | - | RENEWAL AREA , OR ANY PART THEREOF . THE NOTICE SHALL IDEN TIFY THE AREA, | |
422 | - | OR PORTION THEREOF , AND SHALL STATE THAT PROPOSALS SHALL BE M ADE BY | |
423 | - | THOSE INTERESTED WIT HIN A SPECIFIED PERI OD. THE MUNICIPALITY SHAL L | |
424 | - | CONSIDER ALL REDEVEL OPMENT OR REHABILITA TION PROPOSALS AND T HE | |
425 | - | FINANCIAL AND LEGAL ABILITY OF THE PERSO NS MAKING PROPOSALS TO CARRY | |
426 | - | THEM OUT, AND MAY NEGOTIATE WI TH ANY PERSONS FOR P ROPOSALS FOR THE | |
427 | - | PURCHASE, LEASE, OR OTHER TRANSFER OF ANY REAL PROPERTY AC QUIRED BY | |
428 | - | THE MUNICIPALITY IN THE URBAN RENEWAL AR EA. THE MUNICIPALITY MAY ACCEPT | |
429 | - | ANY PROPOSAL AS IT D EEMS TO BE IN THE PU BLIC INTEREST AND IN FURTHERANCE | |
430 | - | OF THE PURPOSES OF T HIS APPENDI X. THEREAFTER, THE MUNICIPALITY MAY | |
431 | - | EXECUTE AND DELIVER CONTRACTS, DEEDS, LEASES, AND OTHER INSTRUMENT S | |
432 | - | AND TAKE ALL STEPS N ECESSARY TO EFFECTUA TE THE TRANSFERS . | |
333 | + | (3) FINDS THAT THE REHABI LITATION, REDEVELOPMENT , OR A 8 | |
334 | + | COMBINATION OF THEM , OF THE AREA OR AREAS , IS NECESSARY AND IN THE 9 | |
335 | + | INTEREST OF THE PUBL IC HEALTH, SAFETY, MORALS, OR WELFARE OF THE 10 | |
336 | + | RESIDENTS OF THE MUN ICIPALITY. 11 | |
433 | 337 | ||
434 | - | (C) THE MUNICIPALITY MAY OPERATE TEMPORARILY AND MAINTAIN REAL | |
435 | - | PROPERTY ACQUIRED BY IT IN AN URBAN RENEWAL AREA F OR OR IN CONNECTION | |
436 | - | WITH AN URBAN RENEWA L PROJECT PENDING TH E DISPOSITION OF THE PROPERTY | |
437 | - | AS AUTHORIZED IN THI S APPENDIX, WITHOUT REGARD TO TH E PROVISIONS OF | |
438 | - | SUBSECTION (A), FOR USES AND PURPOSE S CONSIDERED DESIRAB LE EVEN THOUGH | |
439 | - | NOT IN CONFORMITY WITH THE URBAN RENEWAL PLAN . | |
338 | + | A1–107. PREPARATION AND APPROVAL OF PLAN FOR URBAN RENEWAL PROJEC T. 12 | |
440 | 339 | ||
441 | - | (D) ANY INSTRUMENT EXECUT ED BY THE MUNICIPALI TY AND PURPORTING | |
442 | - | TO CONVEY ANY RIGHT , TITLE, OR INTEREST IN ANY P ROPERTY UNDER THIS | |
443 | - | APPENDIX SHALL BE PR ESUMED CONCLUSIVELY TO HAVE BEEN EXECUTE D IN | |
444 | - | COMPLIANCE WITH TH E PROVISIONS OF THIS APPENDIX INSOFAR AS TITLE OR | |
445 | - | OTHER INTEREST OF AN Y BONA FIDE PURCHASE RS, LESSEES, OR TRANSFEREES OF | |
446 | - | THE PROPERTY IS CONC ERNED. | |
447 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 599 | |
340 | + | (A) IN ORDER TO CARRY OUT THE PURPOSES OF THIS APPENDIX, THE 13 | |
341 | + | MUNICIPALITY SHALL H AVE PREPARED AN URBA N RENEWAL PLAN FOR B LIGHTED 14 | |
342 | + | AREAS IN THE MUNICIP ALITY AND SHALL APPR OVE THE PLAN FORMALL Y. THE 15 | |
343 | + | MUNICIPALITY SHALL HOLD A PUBLIC HEARING ON AN URBAN RENEWAL PROJECT 16 | |
344 | + | AFTER PUBLIC NOTICE OF IT BY PUBLICATION IN A NEWSPAPER HAVIN G A GENERAL 17 | |
345 | + | CIRCULATION WITHIN T HE CORPORATE LIMITS OF THE MUNICIPALITY . THE NOTICE 18 | |
346 | + | SHALL DESCRIBE THE T IME, DATE, PLACE, AND PURPOSE OF TH E HEARING, SHALL 19 | |
347 | + | GENERALLY IDENTIFY T HE URBAN RENEWAL ARE A COVERED BY THE PLA N, AND 20 | |
348 | + | SHALL OUTLINE THE GE NERAL SCOPE OF THE U RBAN RENEWAL PROJECT UNDER 21 | |
349 | + | CONSIDERATION . FOLLOWING THE HEARING , THE MUNICIPALITY MAY APPROVE AN 22 | |
350 | + | URBAN RENEWAL PROJEC T AND THE PLAN THEREFOR IF IT FINDS THAT: 23 | |
448 | 351 | ||
449 | - | – 11 – | |
450 | - | A1–109. EMINENT DOMAIN . | |
352 | + | (1) A FEASIBLE METHOD EXIS TS FOR THE LOCATION OF ANY 24 | |
353 | + | FAMILIES OR NATURAL PERSONS WHO WILL BE DISPLACED FROM THE U RBAN 25 | |
354 | + | RENEWAL AREA IN DECE NT, SAFE, AND SANITARY DWELLIN G ACCOMMODATIONS 26 | |
355 | + | WITHIN THEIR MEANS A ND WITHOUT UNDUE HAR DSHIP TO THE FAMILIES OR 27 | |
356 | + | NATURAL PERSONS ; 28 | |
451 | 357 | ||
452 | - | CONDEMNATION OF LAND OR PROPERTY UNDER TH E PROVISIONS OF THIS | |
453 | - | APPENDIX SHALL BE I N ACCORDANCE WITH TH E PROCEDURE PROVIDED IN THE | |
454 | - | REAL PROPERTY ARTICLE OF THE ANNOTATED CODE OF MARYLAND. | |
358 | + | (2) THE URBAN RENEWAL PLA N CONFORMS SUBSTANTI ALLY TO THE 29 | |
359 | + | MASTER PLAN OF THE M UNICIPALITY AS A WHO LE; AND 30 | |
455 | 360 | ||
456 | - | A1–110. ENCOURAGEMENT OF PRIV ATE ENTERPRISE . | |
361 | + | (3) THE URBAN RENEWAL PLA N WILL AFFORD MAXIMU M 31 | |
362 | + | OPPORTUNITY , CONSISTENT WITH THE SOUND NEEDS OF THE M UNICIPALITY AS A 32 | |
363 | + | WHOLE, FOR THE REHABILITATI ON OR REDEVELOPMENT OF THE URBAN RENEWAL 33 HOUSE BILL 528 9 | |
457 | 364 | ||
458 | - | THE MUNICIPALITY , TO THE EXTENT IT DET ERMINES TO BE FEASIB LE IN | |
459 | - | CARRYING OUT THE PRO VISIONS OF THIS APP ENDIX, SHALL AFFORD MAXIMUM | |
460 | - | OPPORTUNITY TO THE R EHABILITATION OR RED EVELOPMENT OF ANY UR BAN | |
461 | - | RENEWAL AREA BY PRIV ATE ENTERPRISE CONSI STENT WITH THE SOUND NEEDS OF | |
462 | - | THE MUNICIPALITY AS A WHOLE. THE MUNICIPALITY SHAL L GIVE CONSIDERATION | |
463 | - | TO THIS OBJECTIVE IN EXERCISING ITS POWERS UNDER THIS APPENDIX . | |
464 | 365 | ||
465 | - | ||
366 | + | AREA BY PRIVATE ENTE RPRISE. 1 | |
466 | 367 | ||
467 | - | FOR THE PURPOSE OF FI NANCING AND CARRYING OUT AN URBAN RENEWAL | |
468 | - | PROJECT AND RELATED ACTIVITIES, THE MUNICIPALITY MAY ISSUE AND SELL ITS | |
469 | - | GENERAL OBLIGATION B ONDS. ANY BONDS ISSUED BY THE MUNICIPALITY | |
470 | - | PURSUANT TO THIS SEC TION SHALL BE ISSUED IN THE MANNER AND WI THIN THE | |
471 | - | LIMITATIONS PRESCRIB ED BY APPLICABLE LAW FOR THE ISSUANCE AND | |
472 | - | AUTHORIZATION OF GEN ERAL OBLIGATION BOND S BY THE MUNICIPALIT Y, AND | |
473 | - | ALSO WITHIN LIMITATI ONS DETERMINED BY THE MUNICIPALITY . | |
368 | + | (B) AN URBAN RENEWAL PLAN MAY BE MODIFIED AT A NY TIME. IF 2 | |
369 | + | MODIFIED AFTER THE L EASE OR SALE OF REAL PROPERTY IN THE URBA N RENEWAL 3 | |
370 | + | PROJECT AREA , THE MODIFICATION MAY B E CONDITIONED ON WHA TEVER 4 | |
371 | + | APPROVAL OF THE OWNE R, LESSEE, OR SUCCESSOR IN INTE REST AS THE 5 | |
372 | + | MUNICIPALITY CONSIDE RS ADVISABLE. IN ANY EVENT, IT SHALL BE SUBJECT TO 6 | |
373 | + | WHATEVER RIGHTS AT L AW OR IN EQUITY AS A LESSEE OR PURCHASER , OR THE 7 | |
374 | + | SUCCESSOR OR SUCCESSORS IN INTEREST, MAY BE ENTITLED TO A SSERT. WHERE 8 | |
375 | + | THE PROPOSED MODIFIC ATION WILL CHANGE SU BSTANTIALLY THE URBA N 9 | |
376 | + | RENEWAL PLAN AS APPR OVED PREVIOUSLY BY T HE MUNICIPALITY , THE 10 | |
377 | + | MODIFICATION SHALL B E APPROVED FORMALLY BY THE MUNICIPALITY , AS IN THE 11 | |
378 | + | CASE OF AN ORIGINAL PLAN. 12 | |
474 | 379 | ||
475 | - | A1–112. REVENUE BONDS . | |
380 | + | (C) ON THE APPROVAL BY TH E MUNICIPALITY OF AN URBAN RENEWAL PLAN 13 | |
381 | + | OR OF ANY MODIFICATI ON OF IT, THE PLAN OR MODIFICA TION SHALL BE 14 | |
382 | + | CONSIDERED TO BE IN FULL FORCE AND EFFEC T FOR THE RESPECTIVE URBAN 15 | |
383 | + | RENEWAL AREA . THE MUNICIPALITY MAY HAVE THE PLAN OR MODIFICATION 16 | |
384 | + | CARRIED OUT IN ACCOR DANCE WITH ITS TERMS . 17 | |
476 | 385 | ||
477 | - | (A) IN ADDITION TO THE AU THORITY CONFERRED BY SECTION A1–111 OF | |
478 | - | THIS APPENDIX, THE MUNICIPALITY MAY ISSUE REVENUE BONDS TO FINANCE THE | |
479 | - | UNDERTAKING OF ANY U RBAN RENEWAL PROJECT AND RELATED ACTIVITI ES. ALSO, | |
480 | - | IT MAY ISSUE REFUNDING BO NDS FOR THE PAYMENT OR RETIREMENT OF THE | |
481 | - | BONDS ISSUED PREVIOU SLY BY IT. THE BONDS SHALL BE MA DE PAYABLE, AS TO | |
482 | - | BOTH PRINCIPAL AND I NTEREST, SOLELY FROM THE INCO ME, PROCEEDS, | |
483 | - | REVENUES, AND FUNDS OF THE MUN ICIPALITY DERIVED FR OM OR HELD I N | |
484 | - | CONNECTION WITH THE UNDERTAKING AND CARR YING OUT OF URBAN RE NEWAL | |
485 | - | PROJECTS UNDER THIS APPENDIX. HOWEVER, PAYMENT OF THE BONDS , BOTH AS | |
486 | - | TO PRINCIPAL AND INT EREST, MAY BE FURTHER SECUR ED BY A PLEDGE OF AN Y | |
487 | - | LOAN, GRANT, OR CONTRIBUTION FROM THE FEDERAL GOVE RNMENT OR OTHER | |
488 | - | SOURCE, IN AID OF ANY URBAN RENEWAL PROJECTS OF THE MUNICIPALITY UND ER | |
489 | - | THIS APPENDIX, AND BY A MORTGAGE OF ANY URBAN RENEWAL PR OJECT, OR ANY | |
490 | - | PART OF A PROJECT , TITLE TO WHICH IS IN THE MUNICIPALITY . IN ADDITION, THE | |
491 | - | MUNICIPALITY MAY ENT ER INTO AN INDENTURE OF TRUST WITH ANY PRIVA TE | |
492 | - | BANKING INSTITUTION OF THIS STATE HAVING TRUST PO WERS AND MAY MAKE IN Ch. 599 2022 LAWS OF MARYLAND | |
386 | + | A1–108. DISPOSAL OF PROPERTY IN URBAN RENEWAL ARE A. 18 | |
493 | 387 | ||
494 | - | – 12 – | |
495 | - | THE INDENTURE OF TRU ST COVENANTS AND COM MITMENTS REQUIRED BY ANY | |
496 | - | PURCHASER FOR THE AD EQUATE SECURITY OF T HE BONDS. | |
388 | + | (A) THE MUNICIPALITY , BY ORDINANCE , MAY SELL, LEASE, OR OTHERWISE 19 | |
389 | + | TRANSFER REAL PROPER TY OR ANY INTEREST I N IT ACQUIRED BY IT FOR AN URBAN 20 | |
390 | + | RENEWAL PROJECT TO A NY PERSON FOR RESIDE NTIAL, RECREATIONAL , 21 | |
391 | + | COMMERCIAL , INDUSTRIAL, EDUCATIONAL , OR OTHER USES OR FOR PUBLIC USE, OR 22 | |
392 | + | IT MAY RETAIN THE PR OPERTY OR INTEREST F OR PUBLIC USE , IN ACCORDANCE 23 | |
393 | + | WITH THE URBAN RENEW AL PLAN AND SUBJECT TO WHATEVER COVENANT S, 24 | |
394 | + | CONDITIONS, AND RESTRICTIONS , INCLUDING COVENANTS RUNNING WITH THE 25 | |
395 | + | LAND, AS IT CONSIDERS NECE SSARY OR DESIRABLE T O ASSIST IN PREVENTI NG THE 26 | |
396 | + | DEVELOPMENT OR SPREA D OF FUTURE BLIGHTED AREAS OR TO OTHERWIS E CARRY 27 | |
397 | + | OUT THE PURPOSES OF THIS APPENDIX. THE PURCHASERS OR LES SEES AND THEIR 28 | |
398 | + | SUCCESSORS AND ASSIG NS SHALL BE OBLIGATE D TO DEVOTE THE REAL PROPERTY 29 | |
399 | + | ONLY TO THE USES SPE CIFIED IN THE URBAN RENEWAL PLAN AND MAY BE 30 | |
400 | + | OBLIGATED TO COMPLY WITH WHATEVER OTHER REQUIREMENTS THE 31 | |
401 | + | MUNICIPALITY DETE RMINES TO BE IN THE PUBLIC INTEREST , INCLUDING THE 32 | |
402 | + | OBLIGATION TO BEGIN WITHIN A REASONABLE TIME ANY IMPROVEMENT S ON THE 33 | |
403 | + | REAL PROPERTY REQUIR ED BY THE URBAN RENE WAL PLAN. THE REAL PROPERTY 34 | |
404 | + | OR INTEREST MAY NOT BE SOLD, LEASED, OTHERWISE TRANSFERRE D, OR RETAINED 35 | |
405 | + | AT LESS THAN ITS FAI R VALUE FOR USES IN ACCORDANCE WITH THE URBAN 36 | |
406 | + | RENEWAL PLAN . IN DETERMINING THE FA IR VALUE OF REAL PRO PERTY FOR USES 37 | |
407 | + | IN ACCORDANCE WITH T HE URBAN RENEWAL PLA N, THE MUNICIPALITY SHA LL TAKE 38 | |
408 | + | INTO ACCOUNT AND GIV E CONSIDERATION TO T HE USES PROVIDED IN THE P LAN, 39 10 HOUSE BILL 528 | |
497 | 409 | ||
498 | - | (B) BONDS ISSUED UNDER TH IS SECTION DO NOT CON STITUTE AN | |
499 | - | INDEBTEDNESS WITHIN THE MEANING OF ANY C ONSTITUTIONAL OR STA TUTORY | |
500 | - | DEBT LIMITATION OR R ESTRICTION, ARE NOT SUBJECT TO T HE PROVISIONS OF ANY | |
501 | - | OTHER LAW OR CHARTER RELATING TO THE AUTH ORIZATION, ISSUANCE, OR SALE | |
502 | - | OF BONDS , AND ARE EXEMPTED SPECIFIC ALLY FROM THE RESTRI CTIONS | |
503 | - | CONTAINED IN §§ 19–205 AND 19–206 OF THE LOCAL GOVERNMENT ARTICLE OF | |
504 | - | THE ANNOTATED CODE OF MARYLAND. BONDS ISSUED UNDER TH E PROVISIONS OF | |
505 | - | THIS APPENDIX ARE DE CLARED TO BE ISSUED FOR AN ESSENTIAL PUB LIC AND | |
506 | - | GOVERNMENTAL PURPOSE AN D, TOGETHER WITH INTERE ST ON THEM AND INCOM E | |
507 | - | FROM THEM , ARE EXEMPT FROM ALL TAXES. | |
508 | 410 | ||
509 | - | (C) BONDS ISSUED UNDER TH IS SECTION SHALL BE AUTHORIZED BY | |
510 | - | RESOLUTION OR ORDINA NCE OF THE LEGISLATI VE BODY OF THE MUNIC IPALITY. | |
511 | - | THEY MAY BE ISSUED IN ONE OR MORE SERIES AN D SHALL: | |
411 | + | THE RESTRICTIONS ON , AND THE COVENANTS , CONDITIONS, AND OBLIGATIONS 1 | |
412 | + | ASSUMED BY THE PURCH ASER OR LESSEE OR BY THE MUNICIPALITY RET AINING THE 2 | |
413 | + | PROPERTY, AND THE OBJECTIVES O F THE PLAN FOR THE P REVENTION OF THE 3 | |
414 | + | RECURRENCE OF BLIGHT ED AREAS. IN ANY INSTRUMENT OR CONVEYANCE TO A 4 | |
415 | + | PRIVATE PURCHASER OR LESSEE, THE MUNICIPALITY MAY PROVIDE THAT THE 5 | |
416 | + | PURCHASER OR LESSEE MAY NOT SELL, LEASE, OR OTHERWISE TRANSFE R THE REAL 6 | |
417 | + | PROPERTY WITHOUT THE PRIOR WRITTEN CONSEN T OF THE MUNICIPALIT Y UNTIL 7 | |
418 | + | THE PURCHASER OR LESSEE H AS COMPLETED THE CON STRUCTION OF ANY OR ALL 8 | |
419 | + | IMPROVEMENTS WHICH T HE PURCHASER OR LESS EE HAS BEEN OBLIGATE D TO 9 | |
420 | + | CONSTRUCT ON THE PRO PERTY. REAL PROPERTY ACQUIRE D BY THE MUNICIPALIT Y 10 | |
421 | + | WHICH, IN ACCORDANCE WITH T HE PROVISIONS OF THE URBAN REN EWAL PLAN, IS 11 | |
422 | + | TO BE TRANSFERRED , SHALL BE TRANSFERRED AS RAPIDLY AS FEASIB LE IN THE 12 | |
423 | + | PUBLIC INTEREST CONS ISTENT WITH THE CARR YING OUT OF THE PROV ISIONS OF 13 | |
424 | + | THE URBAN RENEWAL PL AN. ANY CONTRACT FOR THE TRANSFER AND THE URB AN 14 | |
425 | + | RENEWAL PLAN (OR ANY PART OR PARTS OF THE CONTRACT OR P LAN AS THE 15 | |
426 | + | MUNICIPALITY DETERMI NES) MAY BE RECORDED IN T HE LAND RECORDS OF T HE 16 | |
427 | + | COUNTY IN WHICH THE MUNICIPALITY IS SITU ATED IN A MANNER SO AS TO AFFORD 17 | |
428 | + | ACTUAL OR CONSTRUCTI VE NOTICE OF IT. 18 | |
512 | 429 | ||
513 | - | (1) BEAR A DATE OR DATES ; | |
430 | + | (B) THE MUNICIPALITY , BY ORDINANCE , MAY DISPOSE OF REAL PROPERTY 19 | |
431 | + | IN AN URBAN RENEWAL AREA TO PRIVATE PERS ONS. THE MUNICIPALITY MAY , BY 20 | |
432 | + | PUBLIC NOTICE BY PUB LICATION IN A NEWSPA PER HAVING A GENERAL 21 | |
433 | + | CIRCULATION IN THE C OMMUNITY, INVITE PROPOSALS FRO M AND MAKE AVAILABLE 22 | |
434 | + | ALL PERTINENT INFORM ATION TO PRIV ATE REDEVELOPERS OR ANY PERSONS 23 | |
435 | + | INTERESTED IN UNDERT AKING TO REDEVELOP O R REHABILITATE AN UR BAN 24 | |
436 | + | RENEWAL AREA , OR ANY PART THEREOF . THE NOTICE SHALL IDEN TIFY THE AREA, 25 | |
437 | + | OR PORTION THEREOF , AND SHALL STATE THAT PROPOSALS SHALL BE M ADE BY 26 | |
438 | + | THOSE INTERESTED WIT HIN A SPECIFIED PERIO D. THE MUNICIPALITY SHAL L 27 | |
439 | + | CONSIDER ALL REDEVEL OPMENT OR REHABILITA TION PROPOSALS AND T HE 28 | |
440 | + | FINANCIAL AND LEGAL ABILITY OF THE PERSO NS MAKING PROPOSALS TO CARRY 29 | |
441 | + | THEM OUT, AND MAY NEGOTIATE WI TH ANY PERSONS FOR P ROPOSALS FOR THE 30 | |
442 | + | PURCHASE, LEASE, OR OTHER TRANSFER OF ANY REAL PROPERTY AC QUIRED BY 31 | |
443 | + | THE MUNICIPALITY IN THE URBAN RENEWAL AR EA. THE MUNICIPALITY MAY ACCEPT 32 | |
444 | + | ANY PROPOSAL AS IT D EEMS TO BE IN THE PU BLIC INTEREST AND IN FURTHERANCE 33 | |
445 | + | OF THE PURPOSES OF T HIS APPENDIX. THEREAFTER , THE MUNI CIPALITY MAY 34 | |
446 | + | EXECUTE AND DELIVER CONTRACTS, DEEDS, LEASES, AND OTHER INSTRUMENT S 35 | |
447 | + | AND TAKE ALL STEPS N ECESSARY TO EFFECTUA TE THE TRANSFERS . 36 | |
514 | 448 | ||
515 | - | (2) MATURE AT A TIME OR T IMES; | |
449 | + | (C) THE MUNICIPALITY MAY OPERATE TEMPORARILY AND MAINTAIN REAL 37 | |
450 | + | PROPERTY ACQUIRED BY IT IN AN URBAN RENEW AL AREA FOR OR IN CONNECTION 38 | |
451 | + | WITH AN URBAN RENEWA L PROJECT PENDING TH E DISPOSITION OF THE PROPERTY 39 | |
452 | + | AS AUTHORIZED IN THI S APPENDIX, WITHOUT REGARD TO TH E PROVISIONS OF 40 | |
453 | + | SUBSECTION (A), FOR USES AND PURPOSE S CONSIDERED DESIRAB LE EVEN THOUGH 41 HOUSE BILL 528 11 | |
516 | 454 | ||
517 | - | (3) BEAR INTEREST AT A RA TE OR RATES; | |
518 | 455 | ||
519 | - | ||
456 | + | NOT IN CONFORMITY WI TH THE URBAN RENEWAL PLAN . 1 | |
520 | 457 | ||
521 | - | (5) BE IN A FORM EITHER W ITH OR WITHOUT COUPO N OR | |
522 | - | REGISTERED ; | |
458 | + | (D) ANY INSTRUMENT EXECUT ED BY THE MUNICIPALI TY AND PURPORTING 2 | |
459 | + | TO CONVEY ANY RIGHT , TITLE, OR INTEREST IN ANY P ROPERTY UNDER THIS 3 | |
460 | + | APPENDIX SHALL BE PR ESUMED CONCLUSIVELY TO HAVE BEEN EXECUTE D IN 4 | |
461 | + | COMPLIANCE WITH THE PROVISIONS OF THIS A PPENDIX INSOFAR AS TI TLE OR 5 | |
462 | + | OTHER INTEREST OF AN Y BONA FIDE PURCHASE RS, LESSEES, OR TRANSFEREES OF 6 | |
463 | + | THE PROPERTY IS CONC ERNED. 7 | |
523 | 464 | ||
524 | - | ||
465 | + | A1–109. EMINENT DOMAIN . 8 | |
525 | 466 | ||
526 | - | (7) HAVE A RANK OR PRIORI TY; | |
467 | + | CONDEMNATION OF LAND OR PROPERTY UNDER TH E PROVISIONS OF THIS 9 | |
468 | + | APPENDIX SHALL BE IN ACCORDANCE WITH THE PROCEDURE PROVIDED I N THE 10 | |
469 | + | REAL PROPERTY ARTICLE OF THE ANNOTATED CODE OF MARYLAND. 11 | |
527 | 470 | ||
528 | - | ||
471 | + | A1–110. ENCOURAGEMENT OF PRIV ATE ENTERPRISE . 12 | |
529 | 472 | ||
530 | - | (9) BE PAYABLE IN A MEDIU M OF PAYMENT , AT A PLACE OR PLACES , | |
531 | - | AND BE SUBJECT TO TE RMS OF REDEMPTION (WITH OR WITHOUT PREM IUM); | |
473 | + | THE MUNICIPALITY , TO THE EXTENT IT DET ERMINES TO BE FEASIB LE IN 13 | |
474 | + | CARRYING OUT THE PRO VISIONS OF THIS APPE NDIX, SHALL AFFORD MA XIMUM 14 | |
475 | + | OPPORTUNITY TO THE R EHABILITATION OR RED EVELOPMENT OF ANY UR BAN 15 | |
476 | + | RENEWAL AREA BY PRIV ATE ENTERPRISE CONSI STENT WITH THE SOUND NEEDS OF 16 | |
477 | + | THE MUNICIPALITY AS A WHOLE. THE MUNICIPALITY SHAL L GIVE CONSIDERATION 17 | |
478 | + | TO THIS OBJECTIVE IN EXERCISING ITS POWER S UNDER THIS APPENDIX . 18 | |
532 | 479 | ||
533 | - | ||
480 | + | A1–111. GENERAL OBLIGATION BO NDS. 19 | |
534 | 481 | ||
535 | - | (11) HAVE OTHER CHARACTERI STICS, AS ARE PROVIDED BY T HE | |
536 | - | RESOLUTION , TRUST INDENTURE , OR MORTGAGE ISSUED P URSUANT TO IT. LAWRENCE J. HOGAN, JR., Governor Ch. 599 | |
482 | + | FOR THE PURPOSE OF FI NANCING AND CARRYING OUT AN URBAN RENEWAL 20 | |
483 | + | PROJECT AND RELATED ACTIVITIES, THE MUNICIPALITY MAY ISSUE AND SELL ITS 21 | |
484 | + | GENERAL OBLIGATION B ONDS. ANY BONDS ISSUED BY T HE MUNICIPALITY 22 | |
485 | + | PURSUANT TO THIS SECTI ON SHALL BE ISSUED I N THE MANNER AND WIT HIN THE 23 | |
486 | + | LIMITATIONS PRESCRIB ED BY APPLICABLE LAW FOR THE ISSUANCE AND 24 | |
487 | + | AUTHORIZATION OF GEN ERAL OBLIGATION BOND S BY THE MUNICIPALIT Y, AND 25 | |
488 | + | ALSO WITHIN LIMITATI ONS DETERMINED BY TH E MUNICIPALITY. 26 | |
537 | 489 | ||
538 | - | – | |
490 | + | A1–112. REVENUE BONDS . 27 | |
539 | 491 | ||
540 | - | (D) THESE BONDS MAY NOT B E SOLD AT LESS THAN PAR VALUE AT PUBLIC | |
541 | - | SALES WHICH ARE HELD AFTER NOTICE IS PUBL ISHED PRIOR TO THE SALE IN A | |
542 | - | NEWSPAPER HAVING A G ENERAL CIRCULATION I N THE AREA IN WHICH THE | |
543 | - | MUNICIPALITY IS LOCA TED AND IN WHATEVER OTHER MEDIUM OF PUBL ICATION AS | |
544 | - | THE MUNICIPALITY MAY DETERMINE. THE BONDS MAY BE EXCH ANGED ALSO FOR | |
545 | - | OTHER BONDS ON THE B ASIS OF PAR. HOWEVER, THE BONDS MAY NOT BE SOLD TO | |
546 | - | THE FEDERAL GOVERNME NT AT PRIVATE SALE A T LESS THAN PAR , AND, IN THE | |
547 | - | EVENT LESS THAN ALL OF THE AUTHORIZED PR INCIPAL AMOUNT OF TH E BONDS IS | |
548 | - | SOLD TO THE FEDERAL GOVERNMENT , THE BALANCE MAY NOT BE SOLD AT PRIVATE | |
549 | - | SALE AT LESS THAN PAR AT AN I NTEREST COST TO THE MUNICIPALITY WHICH D OES | |
550 | - | NOT EXCEED THE INTER EST COST TO THE MUNI CIPALITY OF THE PORT ION OF THE | |
551 | - | BONDS SOLD TO THE FE DERAL GOVERNMENT . | |
492 | + | (A) IN ADDITION TO THE AU THORITY CONFERRED BY SECTION A1–111 OF 28 | |
493 | + | THIS APPENDIX, THE MUNICIPALITY MAY ISSUE REVENUE BONDS TO FINANCE THE 29 | |
494 | + | UNDERTAKING OF ANY U RBAN RENEWAL PROJECT AND RELATED ACTIVITI ES. ALSO, 30 | |
495 | + | IT MAY ISSUE REFUNDI NG BONDS FOR THE PAYMENT OR RETIREMENT OF THE 31 | |
496 | + | BONDS ISSUED PREVIOU SLY BY IT. THE BONDS SHALL BE MA DE PAYABLE, AS TO 32 | |
497 | + | BOTH PRINCIPAL AND I NTEREST, SOLELY FROM THE INCO ME, PROCEEDS, 33 | |
498 | + | REVENUES, AND FUNDS OF THE MUN ICIPALITY DERIVED FR OM OR HELD IN 34 12 HOUSE BILL 528 | |
552 | 499 | ||
553 | - | (E) IN CASE ANY OF THE PU BLIC OFFICIALS OF TH E MUNICIPALITY WHOSE | |
554 | - | SIGNATURES APPE AR ON ANY BONDS OR C OUPONS ISSUED UNDER THIS APPENDIX | |
555 | - | CEASE TO BE OFFICIAL S OF THE MUNICIPALIT Y BEFORE THE DELIVER Y OF THE | |
556 | - | BONDS OR IN THE EVEN T ANY OF THE OFFICIA LS HAVE BECOME SUCH AFTER THE | |
557 | - | DATE OF ISSUE OF THE M, THE BONDS ARE VALID AND BINDING OBLIGATI ONS OF THE | |
558 | - | MUNICIPALITY IN ACCO RDANCE WITH THEIR TE RMS. ANY PROVISION OF ANY LAW | |
559 | - | TO THE CONTRARY NOTW ITHSTANDING, ANY BONDS ISSUED PUR SUANT TO THIS | |
560 | - | APPENDIX ARE FULLY N EGOTIABLE. | |
561 | 500 | ||
562 | - | (F) IN ANY SUIT, ACTION, OR PROCEEDING INVOLV ING THE VALIDITY OR | |
563 | - | ENFORCEABI LITY OF ANY BOND ISS UED UNDER THIS APPEN DIX, OR THE SECURITY | |
564 | - | FOR IT, ANY BOND WHICH RECIT ES IN SUBSTANCE THAT IT HAS BEEN ISSUED B Y THE | |
565 | - | MUNICIPALITY IN CONN ECTION WITH AN URBAN RENEWAL PROJECT SHAL L BE | |
566 | - | CONSIDERED CONCLUSIV ELY TO HAVE BEEN ISS UED FOR THAT P URPOSE, AND THE | |
567 | - | PROJECT SHALL BE CON SIDERED CONCLUSIVELY TO HAVE BEEN PLANNED , | |
568 | - | LOCATED, AND CARRIED OUT IN A CCORDANCE WITH THE P ROVISIONS OF THIS | |
569 | - | APPENDIX. | |
501 | + | CONNECTION WITH THE UNDERTAKING AND CARR YING OUT OF URBAN RE NEWAL 1 | |
502 | + | PROJECTS UNDER THIS APPENDIX. HOWEVER, PAYMENT OF THE BONDS , BOTH AS 2 | |
503 | + | TO PRINCIPAL AND INT EREST, MAY BE FURTHER SECUR ED BY A PLEDGE OF AN Y 3 | |
504 | + | LOAN, GRANT, OR CONTRIBUTION FROM THE FEDERAL GOVERNME NT OR OTHER 4 | |
505 | + | SOURCE, IN AID OF ANY URBAN RENEWAL PROJECTS OF THE MUNICIPALITY UND ER 5 | |
506 | + | THIS APPENDIX, AND BY A MORTGAGE OF ANY URBAN RENEWAL PR OJECT, OR ANY 6 | |
507 | + | PART OF A PROJECT , TITLE TO WHICH IS IN THE MUNICIPALITY . IN ADDITION, THE 7 | |
508 | + | MUNICIPALITY MAY ENT ER INTO AN INDENTURE OF TRUST WITH ANY PRIVATE 8 | |
509 | + | BANKING INSTITUTION OF THIS STATE HAVING TRUST PO WERS AND MAY MAKE IN 9 | |
510 | + | THE INDENTURE OF TRU ST COVENANTS AND COM MITMENTS REQUIRED BY ANY 10 | |
511 | + | PURCHASER FOR THE AD EQUATE SECURITY OF T HE BONDS. 11 | |
570 | 512 | ||
571 | - | (G) ALL BANKS, TRUST COMPANIES , BANKERS, SAVINGS BANKS , AND | |
572 | - | INSTITUTIONS, BUILDING AND LOAN AS SOCIATIONS, SAVINGS AND LOAN | |
573 | - | ASSOCIATIONS, INVESTMENT COMPANIES , AND OTHER PERSONS CA RRYING ON A | |
574 | - | BANKING OR INVESTMEN T BUSINESS; ALL INSURANCE COMPAN IES, INSURANCE | |
575 | - | ASSOCIATIONS, AND OTHER PERSONS CA RRYING ON AN INSURAN CE BUSINESS; AND | |
576 | - | ALL EXECUTORS , ADMINISTRA TORS, CURATORS, TRUSTEES, AND OTHER | |
577 | - | FIDUCIARIES, MAY LEGALLY INVEST A NY SINKING FUNDS , MONEYS, OR OTHER | |
578 | - | FUNDS BELONGING TO T HEM OR WITHIN THEIR CONTROL IN ANY BONDS OR OTHER | |
579 | - | OBLIGATIONS ISSUED B Y THE MUNICIPALITY P URSUANT TO THIS APPE NDIX. | |
580 | - | HOWEVER, THE BONDS AND OTHER OBLIGAT IONS SHALL BE SECURE D BY AN | |
581 | - | AGREEMENT BETWEEN TH E ISSUER AND THE FED ERAL GOVERNMENT IN W HICH THE Ch. 599 2022 LAWS OF MARYLAND | |
513 | + | (B) BONDS ISSUED UNDER TH IS SECTION DO NOT CO NSTITUTE AN 12 | |
514 | + | INDEBTEDNESS WITHIN THE MEANING OF ANY C ONSTITUTIONAL OR STA TUTORY 13 | |
515 | + | DEBT LIMITATION OR R ESTRICTION, ARE NOT SUBJECT TO T HE PROVISIONS OF ANY 14 | |
516 | + | OTHER LAW OR CHARTER RELATING TO THE AUTH ORIZATION, ISSUANCE, OR SALE 15 | |
517 | + | OF BONDS , AND ARE EXEMPTED SPE CIFICALLY FROM THE RESTRICT IONS 16 | |
518 | + | CONTAINED IN §§ 19–205 AND 19–206 OF THE LOCAL GOVERNMENT ARTICLE OF 17 | |
519 | + | THE ANNOTATED CODE OF MARYLAND. BONDS ISSUED UNDER TH E PROVISIONS OF 18 | |
520 | + | THIS APPENDIX ARE DE CLARED TO BE ISSUED FOR AN ESSENTIAL PUB LIC AND 19 | |
521 | + | GOVERNMENTAL PURPOSE AND, TOGETHER WITH INTERE ST ON THEM AND INCOM E 20 | |
522 | + | FROM THEM, ARE EXEMPT FROM ALL TAXES. 21 | |
582 | 523 | ||
583 | - | – 14 – | |
584 | - | ISSUER AGREES TO BOR ROW FROM THE FEDERAL GOVERNMENT AND THE F EDERAL | |
585 | - | GOVERNMENT AGREES TO LEND TO THE ISSUER , PRIOR TO THE MATURIT Y OF THE | |
586 | - | BONDS OR OTHER OBLIGA TIONS, MONEYS IN AN AMOUNT WHICH (TOGETHER WITH | |
587 | - | ANY OTHER MONEYS COM MITTED IRREVOCABLY T O THE PAYMENT OF PRI NCIPAL | |
588 | - | AND INTEREST ON THE BONDS OR OTHER OBLIG ATIONS) WILL SUFFICE TO PAY THE | |
589 | - | PRINCIPAL OF THE BON DS OR OTHER OBLIGATI ONS WITH INTEREST TO MATURITY | |
590 | - | ON THEM. THE MONEYS UNDER THE TERMS OF THE AGREEME NT SHALL BE | |
591 | - | REQUIRED TO BE USED FOR THE PURPOSE OF P AYING THE PRINCIPAL OF AND THE | |
592 | - | INTEREST ON THE BOND S OR OTHER OBLIGATIO NS AT THEIR MATURITY . THE BONDS | |
593 | - | AND OTHER OBLIGATION S SHALL BE AUTHORIZED SECURITY FOR ALL PUBLIC | |
594 | - | DEPOSITS. THIS SECTION AUTHORIZ ES ANY PERSONS OR PU BLIC OR PRIVATE | |
595 | - | POLITICAL SUBDIVISIO NS AND OFFICERS TO U SE ANY FUNDS OWNED O R | |
596 | - | CONTROLLED BY THEM F OR THE PURCHASE OF A NY BONDS OR OTHER | |
597 | - | OBLIGATIONS. WITH REGARD TO LEGAL INVESTMENTS , THIS SECTION MAY NOT BE | |
598 | - | CONSTRUED TO RELIEVE ANY PERSON OF ANY DU TY OF EXERCISING REA SONABLE | |
599 | - | CARE IN SELECTING SE CURITIES. | |
524 | + | (C) BONDS ISSUED UNDER TH IS SECTION SHALL BE AUTHORIZED BY 22 | |
525 | + | RESOLUTION OR ORDINA NCE OF THE LEGISLATI VE BODY OF THE MUNIC IPALITY. 23 | |
526 | + | THEY MAY BE ISSUED IN ONE OR MORE SERIES A ND SHALL: 24 | |
600 | 527 | ||
601 | - | ||
528 | + | (1) BEAR A DATE OR DATES ; 25 | |
602 | 529 | ||
603 | - | THIS APPENDIX SHALL B E KNOWN AND MAY BE C ITED AS THE WILLIAMSPORT | |
604 | - | URBAN RENEWAL AUTHORITY FOR BLIGHT CLEARANCE ACT. | |
530 | + | (2) MATURE AT A TIME OR T IMES; 26 | |
605 | 531 | ||
606 | - | ||
532 | + | (3) BEAR INTEREST AT A RA TE OR RATES; 27 | |
607 | 533 | ||
608 | - | THIS APPENDIX, ENACTED PURSUANT TO ARTICLE III, SECTION 61 OF THE | |
609 | - | MARYLAND CONSTITUTION, MAY BE AMENDED OR RE PEALED ONLY BY THE | |
610 | - | GENERAL ASSEMBLY OF MARYLAND. | |
534 | + | (4) BE IN A DENOMINATION OR DENOMINATIONS ; 28 | |
611 | 535 | ||
612 | - | | |
613 | - | ||
536 | + | (5) BE IN A FORM EITHER W ITH OR WITHOUT COUPO N OR 29 | |
537 | + | REGISTERED; 30 | |
614 | 538 | ||
615 | - | Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022. | |
539 | + | (6) CARRY A CONVERSION OR REGISTRATION PRIVILE GE; 31 | |
540 | + | ||
541 | + | (7) HAVE A RANK OR PRIORI TY; 32 | |
542 | + | ||
543 | + | (8) BE EXECUTED IN A MANN ER; 33 HOUSE BILL 528 13 | |
544 | + | ||
545 | + | ||
546 | + | ||
547 | + | (9) BE PAYABLE IN A MEDIU M OF PAYMENT , AT A PLACE OR PLACES , 1 | |
548 | + | AND BE SUBJECT TO TE RMS OF REDEMPTION (WITH OR WITHOUT PREM IUM); 2 | |
549 | + | ||
550 | + | (10) BE SECURED IN A MANNE R; AND 3 | |
551 | + | ||
552 | + | (11) HAVE OTHER CHARACTERI STICS, AS ARE PROVIDED BY T HE 4 | |
553 | + | RESOLUTION, TRUST INDENTURE , OR MORTGAGE ISSUED P URSUANT TO IT. 5 | |
554 | + | ||
555 | + | (D) THESE BONDS MAY NOT B E SOLD AT LESS THAN PAR VALUE AT PUBLIC 6 | |
556 | + | SALES WHICH ARE HELD AFTER NOTICE IS PUBL ISHED PRIOR TO THE S ALE IN A 7 | |
557 | + | NEWSPAPER HAVING A G ENERAL CIRCULATION I N THE AREA IN WHICH THE 8 | |
558 | + | MUNICIPALITY IS LOCA TED AND IN WHATEVER OTHER MEDIUM OF PUBL ICATION AS 9 | |
559 | + | THE MUNICIPALITY MAY DETERMINE. THE BONDS MAY BE EXCH ANGED ALSO FOR 10 | |
560 | + | OTHER BONDS ON THE B ASIS OF PAR. HOWEVER, THE BONDS MAY NOT BE SOLD TO 11 | |
561 | + | THE FEDERAL GOVERNME NT AT PRIVATE SALE A T LESS THAN PAR , AND, IN THE 12 | |
562 | + | EVENT LESS THAN ALL OF THE AUTHORIZED PR INCIPAL AMOUNT OF TH E BONDS IS 13 | |
563 | + | SOLD TO THE FEDERAL GOVERNMENT , THE BALANCE MAY NOT BE SOLD AT PRIVATE 14 | |
564 | + | SALE AT LESS THAN PA R AT AN INTEREST COST TO T HE MUNICIPALITY WHIC H DOES 15 | |
565 | + | NOT EXCEED THE INTER EST COST TO THE MUNI CIPALITY OF THE PORT ION OF THE 16 | |
566 | + | BONDS SOLD TO THE FE DERAL GOVERNMENT . 17 | |
567 | + | ||
568 | + | (E) IN CASE ANY OF THE PU BLIC OFFICIALS OF TH E MUNICIPALITY WHOSE 18 | |
569 | + | SIGNATURES APPEAR ON ANY BONDS OR COUPONS ISSUED UN DER THIS APPENDIX 19 | |
570 | + | CEASE TO BE OFFICIAL S OF THE MUNICIPALIT Y BEFORE THE DELIVER Y OF THE 20 | |
571 | + | BONDS OR IN THE EVEN T ANY OF THE OFFICIA LS HAVE BECOME SUCH AFTER THE 21 | |
572 | + | DATE OF ISSUE OF THE M, THE BONDS ARE VALID AND BINDING OBLIGATI ONS OF THE 22 | |
573 | + | MUNICIPALITY IN ACCORDANC E WITH THEIR TERMS . ANY PROVISION OF ANY LAW 23 | |
574 | + | TO THE CONTRARY NOTW ITHSTANDING, ANY BONDS ISSUED PUR SUANT TO THIS 24 | |
575 | + | APPENDIX ARE FULLY N EGOTIABLE. 25 | |
576 | + | ||
577 | + | (F) IN ANY SUIT, ACTION, OR PROCEEDING INVOLV ING THE VALIDITY OR 26 | |
578 | + | ENFORCEABILITY OF AN Y BOND ISSUED UNDER THIS AP PENDIX, OR THE SECURITY 27 | |
579 | + | FOR IT, ANY BOND WHICH RECIT ES IN SUBSTANCE THAT IT HAS BEEN ISSUED B Y THE 28 | |
580 | + | MUNICIPALITY IN CONN ECTION WITH AN URBAN RENEWAL PROJECT SHAL L BE 29 | |
581 | + | CONSIDERED CONCLUSIV ELY TO HAVE BEEN ISS UED FOR THAT PURPOSE , AND THE 30 | |
582 | + | PROJECT SHALL BE CON SIDERED CONCLUSIVELY TO HAVE BEEN PLANNED , 31 | |
583 | + | LOCATED, AND CARRIED OUT IN A CCORDANCE WITH THE P ROVISIONS OF THIS 32 | |
584 | + | APPENDIX. 33 | |
585 | + | ||
586 | + | (G) ALL BANKS, TRUST COMPANIES , BANKERS, SAVINGS BANKS , AND 34 | |
587 | + | INSTITUTIONS, BUILDING AND LOAN AS SOCIATIONS, SAVINGS AND LOAN 35 | |
588 | + | ASSOCIATIONS, INVESTMENT COMPANIES , AND OTHER PERSONS CA RRYING ON A 36 14 HOUSE BILL 528 | |
589 | + | ||
590 | + | ||
591 | + | BANKING OR INVESTMEN T BUSINESS; ALL INSURANCE COMPAN IES, INSURANCE 1 | |
592 | + | ASSOCIATIONS, AND OTHER PERSONS CA RRYING ON AN INSURAN CE BUSINESS; AND 2 | |
593 | + | ALL EXECUTORS , ADMINISTRATORS , CURATORS, TRUSTEES, AND OTHER 3 | |
594 | + | FIDUCIARIES, MAY LEGALLY INVEST A NY SINKING FUNDS , MONEYS, OR OTHER 4 | |
595 | + | FUNDS BELONGING TO T HEM OR WITHIN THEIR CONTROL IN ANY BONDS OR OTHER 5 | |
596 | + | OBLIGATIONS ISSUED B Y THE MUNICIPALITY P URSUANT TO THIS APPE NDIX. 6 | |
597 | + | HOWEVER, THE BONDS AND OTHER OBLIGATIONS SHALL BE SE CURED BY AN 7 | |
598 | + | AGREEMENT BETWEEN TH E ISSUER AND THE FED ERAL GOVERNMENT IN W HICH THE 8 | |
599 | + | ISSUER AGREES TO BOR ROW FROM THE FEDERAL GOVERNMENT AND THE F EDERAL 9 | |
600 | + | GOVERNMENT AGREES TO LEND TO THE ISSUER , PRIOR TO THE MATURIT Y OF THE 10 | |
601 | + | BONDS OR OTHER OB LIGATIONS, MONEYS IN AN AMOUNT WHICH (TOGETHER WITH 11 | |
602 | + | ANY OTHER MONEYS COM MITTED IRREVOCABLY T O THE PAYMENT OF PRI NCIPAL 12 | |
603 | + | AND INTEREST ON THE BONDS OR OTHER OBLIG ATIONS) WILL SUFFICE TO PAY THE 13 | |
604 | + | PRINCIPAL OF THE BON DS OR OTHER OBLIGATI ONS WITH INTEREST TO MATURITY 14 | |
605 | + | ON THEM. THE MONEYS UNDER THE TERMS OF THE AGREEME NT SHALL BE 15 | |
606 | + | REQUIRED TO BE USED FOR THE PURPOSE OF P AYING THE PRINCIPAL OF AND THE 16 | |
607 | + | INTEREST ON THE BOND S OR OTHER OBLIGATIO NS AT THEIR MATURITY . THE BONDS 17 | |
608 | + | AND OTHER OBLIGATION S SHALL BE AUTHORIZE D SECURITY FOR ALL PUBLIC 18 | |
609 | + | DEPOSITS. THIS SECTION AUTHORIZ ES ANY PERSONS OR PU BLIC OR PRIVATE 19 | |
610 | + | POLITICAL SUBDIVISIO NS AND OFFICERS TO U SE ANY FUNDS OWNED O R 20 | |
611 | + | CONTROLLED BY THEM F OR THE PURCHASE OF A NY BONDS OR OTHER 21 | |
612 | + | OBLIGATIONS. WITH REGARD TO LEGAL INVESTMENTS , THIS SECTION MAY NOT B E 22 | |
613 | + | CONSTRUED TO RELIEVE ANY PERSON OF ANY DU TY OF EXERCISING REA SONABLE 23 | |
614 | + | CARE IN SELECTING SE CURITIES. 24 | |
615 | + | ||
616 | + | A1–113. SHORT TITLE. 25 | |
617 | + | ||
618 | + | THIS APPENDIX SHALL B E KNOWN AND MAY BE C ITED AS THE WILLIAMSPORT 26 | |
619 | + | URBAN RENEWAL AUTHORITY FOR BLIGHT CLEARANCE ACT. 27 | |
620 | + | ||
621 | + | A1–114. AUTHORITY TO AMEND OR REPEAL. 28 | |
622 | + | ||
623 | + | THIS APPENDIX, ENACTED PURSUANT TO ARTICLE III, SECTION 61 OF THE 29 | |
624 | + | MARYLAND CONSTITUTION, MAY BE AMENDED OR RE PEALED ONLY BY THE 30 | |
625 | + | GENERAL ASSEMBLY OF MARYLAND. 31 | |
626 | + | ||
627 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 32 | |
628 | + | October 1, 2022. 33 | |
629 | + |