EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0543*
HOUSE BILL 543
L3 2lr1492
By: Delegate McKay
Introduced and read first time: January 21, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Town of Hancock (Washington County) – Urban Renewal Authority for Blight 2
Clearance 3
FOR the purpose of granting the Town of Hancock in Washington County the authority to 4
exercise urban renewal powers in areas zoned for commercial use for blight clearance 5
and redevelopment under Article III, Section 61 of the Maryland Constitution; 6
authorizing the municipality to levy certain taxes and issue general obligation bonds 7
and revenue bonds to carry out urban renewal powers; and generally relating to 8
urban renewal authority for blight clearance for the Town of Hancock in Washington 9
County. 10
BY adding to 11
Chapter 71 – Charter of the Town of Hancock 12
Section A1–101 through A1–114 to be under the new heading “Appendix I – Urban 13
Renewal Authority for Blight Clearance” 14
Public Local Laws of Maryland – Compilation of Municipal Charters 15
(2015 Replacement Edition, Revisions Current as of November 2021) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Public Local Laws of Maryland – Compilation of Municipal Charters read as 18
follows: 19
Chapter 71 – Charter of the Town of Hancock 20
APPENDIX I – URBAN RENEWAL AUTHORITY FOR BLIGHT CLEARANCE 21
A1–101. DEFINITIONS. 22
(A) IN THIS APPENDIX THE FOLLOWING WORDS HAVE THE MEANINGS 23
INDICATED. 24 2 HOUSE BILL 543
(B) “BLIGHTED AREA ” MEANS AN AREA OR SIN GLE PROPERTY IN WHIC H 1
THE BUILDING OR BUIL DINGS HAVE DECLINED IN PRODUCTIVITY BY R EASON OF 2
OBSOLESCENCE , DEPRECIATION , OR OTHER CAUSES TO A N EXTENT THAT THEY NO 3
LONGER JUSTIFY FUNDAMENTAL R EPAIRS AND ADEQUATE MAINTENANCE . 4
(C) “BONDS” MEANS ANY BONDS (INCLUDING REFUNDING BONDS), NOTES, 5
INTERIM CERTIFICATES , CERTIFICATES OF INDE BTEDNESS, DEBENTURES , OR 6
OTHER OBLIGATIONS . 7
(D) “FEDERAL GOVERNMENT ” MEANS THE UNITED STATES OF AMERICA OR 8
ANY AGENCY OR INSTRU MENTALITY, CORPORATE OR OTHERWI SE, OF THE UNITED 9
STATES OF AMERICA. 10
(E) “MUNICIPALITY” MEANS THE TOWN OF HANCOCK, MARYLAND. 11
(F) “PERSON” MEANS ANY INDIVIDUAL , FIRM, PARTNERSHIP , 12
CORPORATION , COMPANY, ASSOCIATION, JOINT STOCK ASSOCIATION , OR BODY 13
POLITIC. IT INCLUDES ANY TRUST EE, RECEIVER, ASSIGNEE, OR OTHER PERSON 14
ACTING IN SIMILAR RE PRESENTATIVE CAPACIT Y. 15
(G) “URBAN RENEWAL AREA ” MEANS A BLIGHTED ARE A WHICH THE 16
MUNICIPALITY DESIGNA TES AS APPROPRIATE F OR AN URBAN RENE WAL PROJECT . 17
(H) “URBAN RENEWAL PLAN ” MEANS A PLAN , AS IT EXISTS FROM TI ME TO 18
TIME, FOR AN URBAN RENEWAL PROJECT. THE PLAN SHALL BE SUF FICIENTLY 19
COMPLETE TO INDICATE ANY LAND ACQUISITION , DEMOLITION, AND REMOVAL OF 20
STRUCTURES , REDEVELOPMENT , IMPROVEMENTS , AND REHABILITATION A S MAY BE 21
PROPOSED TO BE CARRI ED OUT IN THE URBAN RENEWAL AREA , ZONING AND 22
PLANNING CHANGES , IF ANY, LAND USES, MAXIMUM DENSITY , AND BUILDING 23
REQUIREMENTS . 24
(I) “URBAN RENEWAL PROJECT ” MEANS UNDERTAKINGS A ND ACTIVITIES 25
OF A MUNICIPALITY IN AN U RBAN RENEWAL AREA FO R THE ELIMINATION AN D FOR 26
THE PREVENTION OF TH E DEVELOPMENT OR SPR EAD OF BLIGHT, AND MAY INVOLVE 27
CLEARANCE AND REDEVE LOPMENT IN AN URBAN RENEWAL AREA , OR 28
REHABILITATION OR CO NSERVATION IN AN URB AN RENEWAL AREA , OR ANY 29
COMBINATION OR PART OF THEM IN ACCORDANC E WITH AN URBAN RENE WAL PLAN. 30
THESE UNDERTAKINGS AN D ACTIVITIES MAY INC LUDE: 31
(1) ACQUISITION OF A BLIG HTED AREA OR PORTION OF THE 32
BLIGHTED AREA ; 33
HOUSE BILL 543 3
(2) DEMOLITION AND REMOVA L OF BUILDINGS AND I MPROVEMENTS ; 1
(3) INSTALLATION , CONSTRUCTION OR RECO NSTRUCTION OF 2
STREETS, UTILITIES, PARKS, PLAYGROUNDS , AND OTHER IMPROVEMEN TS 3
NECESSARY FOR CARRYI NG OUT THE URBAN REN EWAL OBJECTIVES OF T HIS 4
APPENDIX IN ACCORDAN CE WITH THE URBAN RE NEWAL PLAN; 5
(4) DISPOSITION OF ANY P ROPERTY ACQUIRED IN THE URBAN 6
RENEWAL AREA , INCLUDING SALE , INITIAL LEASING , OR RETENTION BY THE 7
MUNICIPALITY ITSELF , AT ITS FAIR VALUE FO R USES IN ACCORDANCE WITH THE 8
URBAN RENEWAL PLAN ; 9
(5) CARRYING OUT PLANS FO R A PROGRAM OF VOLUN TARY OR 10
COMPULSORY REPAIR AND REHABILIT ATION OF BUILDINGS O R OTHER 11
IMPROVEMENTS IN ACCO RDANCE WITH THE URBA N RENEWAL PLAN ; 12
(6) ACQUISITION OF ANY OT HER REAL PROPERTY IN THE URBAN 13
RENEWAL AREA WHERE N ECESSARY TO ELIMINAT E UNHEALTHFUL , UNSANITARY, 14
OR UNSAFE CONDITIONS , LESSEN DENSITY, ELIMINATE OBSOLETE O R OTHER USES 15
DETRIMENTAL TO THE P UBLIC WELFARE , OR OTHERWISE TO REMO VE OR PREVENT 16
THE SPREAD OF BLIGHT OR DETERIORATION , OR TO PROVIDE LAND F OR NEEDED 17
PUBLIC FACILITIES ; AND 18
(7) THE PRESERVATION , IMPROVEMENT , OR EMBELLISH MENT OF 19
HISTORIC STRUCTURES OR MONUMENTS . 20
A1–102. POWERS. 21
(A) THE MUNICIPALITY MAY UNDERTAKE AND CARRY OUT URBAN RENEWAL 22
PROJECTS IN AREAS OF THE MUNI CIPALITY THAT ARE ZO NED FOR COMMERCIAL 23
USE. 24
(B) THESE PROJECTS SHALL BE LIMITED: 25
(1) TO BLIGHT CLEARANCE IN BLIGHTED A REAS AND 26
REDEVELOPMENT OR THE REHABILITATION OF BL IGHTED AREAS ; 27
(2) TO ACQUIRE IN CONNECT ION WITH THOSE PROJE CTS, WITHIN 28
THE CORPORATE LIMITS OF THE MUNICIPALITY , LAND AND PROPERTY OF EVERY 29
KIND AND ANY RIGHT , INTEREST, FRANCHISE, EASEMENT, OR PRIVILEGE , 30
INCLUDING LAND OR PR OPERTY AND ANY RIGHT OR INTEREST ALREADY DEVOTED 31
TO PUBLIC USE, BY PURCHASE, LEASE, GIFT, CONDEMNATION , OR ANY OTHER LEGAL 32
MEANS; AND 33 4 HOUSE BILL 543
(3) TO SELL, LEASE, CONVEY, TRANSFER, OR OTHERWISE DISPOSE OF 1
ANY OF THE LAND OR PROPERTY , REGARDLESS OF WHETHE R OR NOT IT HAS BEEN 2
DEVELOPED , REDEVELOPED , ALTERED, OR IMPROVED AND IRRE SPECTIVE OF THE 3
MANNER OR MEANS IN O R BY WHICH IT MAY HA VE BEEN ACQUIRED , TO ANY PRIVATE, 4
PUBLIC, OR QUASI–PUBLIC CORPORATION , PARTNERSHIP , ASSOCIATION, PERSON, 5
OR OTHER LEGAL ENTIT Y. 6
(C) LAND OR PROPERTY TAKE N BY THE MUNICIPALIT Y FOR ANY OF THESE 7
PURPOSES OR IN CONNE CTION WITH THE EXERC ISE OF ANY OF THE PO WERS WHICH 8
ARE GRANTED BY THIS APPENDIX TO THE MUNI CIPALITY BY EXERCISI NG THE 9
POWER OF EMINENT DOMAIN MAY NOT BE TA KEN WITHOUT JUST COM PENSATION, 10
AS AGREED ON BETWEEN THE PARTIES, OR AWARDED BY A JURY , BEING FIRST PAID 11
OR TENDERED TO THE P ARTY ENTITLED TO THE COMPENSATION . 12
(D) ALL LAND OR PROPERTY NEEDED OR TAKEN BY T HE EXERCISE OF THE 13
POWER OF E MINENT DOMAIN BY THE MUNICIPALITY FOR ANY OF THESE PURPOSES 14
OR IN CONNECTION WIT H THE EXERCISE OF AN Y OF THE POWERS GRAN TED BY THIS 15
APPENDIX IS DECLARED TO BE NEEDED OR TAKE N FOR PUBLIC USES AN D 16
PURPOSES. 17
(E) ANY OR ALL OF THE ACT IVITIES AUTHORIZED PURSUANT TO THIS 18
APPENDIX CONSTITUTE GOVERNMENTAL FUNCTIO NS UNDERTAKEN FOR PU BLIC 19
USES AND PURPOSES AN D THE POWER OF TAXAT ION MAY BE EXERCISED , PUBLIC 20
FUNDS EXPENDED , AND PUBLIC CREDIT EX TENDED IN FURTHERANC E OF THEM. 21
A1–103. ADDITIONAL POWERS . 22
THE MUNICIPALITY HAS THE FOL LOWING ADDITIONAL PO WERS. THESE 23
POWERS ARE DECLARED TO BE NECESSARY AND PROPER TO CARRY INTO FULL 24
FORCE AND EFFECT THE SPECIFIC POWERS GRAN TED IN THIS APPENDIX AND TO 25
FULLY ACCOMPLISH THE PURPOSES AND OBJECTS CONTEMPLATED BY THE 26
PROVISIONS OF THIS SECTION : 27
(1) TO MAKE OR HAVE MADE ALL SURVEYS AND PLAN S NECESSARY TO 28
THE CARRYING OUT OF THE PURPOSES OF THIS APPENDIX AND TO ADOP T OR 29
APPROVE, MODIFY, AND AMEND THOSE PLAN S. THESE PLANS MAY INCLU DE, BUT 30
ARE NOT LIMITED TO : 31
(I) PLANS FOR CARRYING OUT A PRO GRAM OF VOLUNTARY OR 32
COMPULSORY REPAIR AN D REHABILITATION OF BUILDINGS AND IMPROV EMENTS; 33
(II) PLANS FOR THE ENFORCE MENT OF CODES AND 34 HOUSE BILL 543 5
REGULATIONS RELATING TO THE USE OF LAND A ND THE USE AND OCCUP ANCY OF 1
BUILDINGS AND IMPROV EMENTS AND TO THE COMPULSORY RE PAIR, 2
REHABILITATION , DEMOLITION, OR REMOVAL OF BUILDI NGS AND IMPROVEMENTS ; 3
AND 4
(III) APPRAISALS, TITLE SEARCHES , SURVEYS, STUDIES, AND 5
OTHER PLANS AND WORK NECESSARY TO PREPARE FOR THE UNDERTAKING OF 6
URBAN RENEWAL PROJEC TS AND REL ATED ACTIVITIES , AND TO APPLY FOR , 7
ACCEPT, AND UTILIZE GRANTS O F FUNDS FROM THE FED ERAL GOVERNMENT OR ANY 8
OTHER GOVERNMENTAL E NTITY FOR THOSE PURP OSES; 9
(2) TO PREPARE PLANS FOR THE RELOCATION OF PE RSONS 10
(INCLUDING FAMILIES , BUSINESS CONCERNS , AND OTHERS) DISPLACED FROM AN 11
URBAN RENEWAL AREA , AND TO MAKE RELOCATI ON PAYMENTS TO OR WI TH 12
RESPECT TO THOSE PER SONS FOR MOVING EXPE NSES AND LOSSES OF P ROPERTY 13
FOR WHICH REIMBURSEM ENT OR COMPENSATION IS NOT OTHERWISE MAD E, 14
INCLUDING THE MAKING OF PAYMENTS FIN ANCED BY THE FEDERAL GOVERNMENT ; 15
(3) TO APPROPRIATE WHATEV ER FUNDS AND MAKE WH ATEVER 16
EXPENDITURES AS MAY BE NECESSARY TO CARR Y OUT THE PURPOSES O F THIS 17
APPENDIX, INCLUDING, BUT NOT LIMITED : 18
(I) TO THE PAYMENT OF ANY AND ALL COSTS AND EX PENSES 19
INCURRED IN CONNECTION WIT H, OR INCIDENTAL TO , THE ACQUISITION OF L AND 20
OR PROPERTY , AND FOR THE DEMOLITI ON, REMOVAL, RELOCATION , RENOVATION , 21
OR ALTERATION OF LAN D, BUILDINGS, STREETS, HIGHWAYS, ALLEYS, UTILITIES, OR 22
SERVICES, AND OTHER STRUCTURES OR IMPROVEMENTS , AND FOR THE 23
CONSTRUCTION , RECONSTRUCTION , INSTALLATION, RELOCATION, OR REPAIR OF 24
STREETS, HIGHWAYS, ALLEYS, UTILITIES, OR SERVICES, IN CONNECTION WITH 25
URBAN RENEWAL PROJEC TS; 26
(II) TO LEVY TAXES AND ASS ESSMENTS FOR THOSE P URPOSES; 27
(III) TO BORROW MONEY AND TO APPLY F OR AND ACCEPT 28
ADVANCES, LOANS, GRANTS, CONTRIBUTIONS , AND ANY OTHER FORM O F FINANCIAL 29
ASSISTANCE FROM THE FEDERAL GOVERNMENT , THE STATE, COUNTY, OR OTHER 30
PUBLIC BODIES, OR FROM ANY SOURCES , PUBLIC OR PRIVATE , FOR THE PURPOSES 31
OF THIS APPENDIX, AND TO GIVE WHATEVER SECURITY AS MAY BE R EQUIRED FOR 32
THIS FINANCIAL ASSIS TANCE; AND 33
(IV) TO INVEST ANY URBAN R ENEWAL FUNDS HELD IN RESERVES 34
OR SINKING FUNDS OR ANY OF THESE FUNDS N OT REQUIRED FOR IMME DIATE 35
DISBURSEMENT IN PROP ERTY OR SECURITIES WHICH ARE LEGAL INVE STMENTS FOR 36 6 HOUSE BILL 543
OTHER MUNICIPAL FUND S; 1
(4) (I) TO HOLD , IMPROVE, CLEAR, OR PREPARE FOR 2
REDEVELOPMENT ANY PR OPERTY ACQUIRED IN C ONNECTION WITH URBAN 3
RENEWAL PROJECTS ; 4
(II) TO MORTGAGE , PLEDGE, HYPOTHECATE , OR OTHERWISE 5
ENCUMBER THAT PROPERTY; AND 6
(III) TO INSURE OR PROVIDE FOR THE INSURANCE OF THE 7
PROPERTY OR OPERATIO NS OF THE MUNICIPALI TY AGAINST ANY RISKS OR 8
HAZARDS, INCLUDING THE POWER TO PAY PREMIUMS ON A NY INSURANCE ; 9
(5) TO MAKE AND EXECUTE A LL CONTRACTS AND OTH ER 10
INSTRUME NTS NECESSARY OR CON VENIENT TO THE EXERC ISE OF ITS POWERS 11
UNDER THIS APPENDIX , INCLUDING THE POWER TO ENTER INTO AGREEM ENTS WITH 12
OTHER PUBLIC BODIES OR AGENCIES (THESE AGREEMENTS MAY EXTEND OVER ANY 13
PERIOD, NOTWITHSTANDING ANY PROVISION OR RULE OF LAW TO THE CONTRARY ), 14
AND TO INCLUDE IN AN Y CONTRACT FOR FINAN CIAL ASSISTANCE WITH THE 15
FEDERAL GOVERNMENT F OR OR WITH RESPECT T O AN URBAN RENEWAL P ROJECT 16
AND RELATED ACTIVITI ES ANY CONDITIONS IM POSED PURSUANT TO FE DERAL LAWS 17
AS THE MUNICIPALITY CONSIDERS REASONABL E AND APPROPRIATE ; 18
(6) TO ENTER INTO ANY BUI LDING OR PROPERTY IN ANY URBAN 19
RENEWAL AREA IN ORDE R TO MAKE INSPECTION S, SURVEYS, APPRAISALS, 20
SOUNDINGS, OR TEST BORINGS , AND TO OBTAIN AN ORD ER FOR THIS PURPOSE FROM 21
THE CIRCUIT COURT FO R THE COUNTY IN WHIC H THE MUNICIPALITY IS SITUATED IN 22
THE EVENT ENTRY IS D ENIED OR RESISTED ; 23
(7) TO PLAN, REPLAN, INSTALL, CONSTRUCT, RECONSTRUCT , 24
REPAIR, CLOSE, OR VACATE STREETS , ROADS, SIDEWALKS, PUBLIC UTILITIES , 25
PARKS, PLAYGROUNDS , AND OTHER PUBLIC IMP ROVEMENTS IN CONN ECTION WITH 26
AN URBAN RENEWAL PRO JECT AND TO MAKE EXCEPTIO NS FROM BUILDING 27
REGULATIONS ; 28
(8) TO GENERALLY ORGANIZE , COORDINATE , AND DIRECT THE 29
ADMINISTRATION OF TH E PROVISIONS OF THIS APPENDIX AS THEY APP LY TO THE 30
MUNICIPALITY IN ORDE R THAT THE OBJECTIVE OF REMEDYING BLIGHTE D AREAS 31
AND PREVENTING ITS C AUSES WITHIN THE MUN ICIPALITY MAY BE PRO MOTED AND 32
ACHIEVED MOST EFFECT IVELY; AND 33
(9) TO EXERCISE ALL OR AN Y PART OR COMBINATIO N OF THE 34
POWERS GRANTED IN TH IS APPENDIX. 35 HOUSE BILL 543 7
A1–104. ESTABLISHMENT OF URBA N RENEWAL AGENCY. 1
(A) A MUNICIPALITY MAY ITS ELF EXERCISE ALL THE POWERS GRANTED BY 2
THIS APPENDIX , OR MAY, IF ITS LEGISLATIVE B ODY BY ORDINANCE DET ERMINES 3
THE ACTION TO BE IN THE PUBLIC INTEREST , ELECT TO HAVE THE PO WERS 4
EXERCISED BY A SEPAR ATE PUBLIC BODY OR AGENCY. 5
(B) IN THE EVENT THE LEGI SLATIVE BODY MAKES T HAT DETERMINATION , 6
IT SHALL PROCEED BY ORDINANCE TO ESTABLI SH A PUBLIC BODY OR AGENCY TO 7
UNDERTAKE IN THE MUN ICIPALITY THE ACTIVI TIES AUTHORIZED BY T HIS 8
APPENDIX. 9
(C) THE ORDINANCE SHALL I NCLUDE PROV ISIONS ESTABLISHING THE 10
NUMBER OF MEMBERS OF THE PUBLIC BODY OR A GENCY, THE MANNER OF THEIR 11
APPOINTMENT AND REMO VAL, AND THE TERMS OF THE MEMBERS AND THEIR 12
COMPENSATION . 13
(D) THE ORDINANCE MAY INC LUDE WHATEVER ADDITI ONAL PROVISIONS 14
RELATING TO THE ORGA NIZATION OF THE PUBLIC BODY OR AGENCY AS MA Y BE 15
NECESSARY. 16
(E) IN THE EVENT THE LEGI SLATIVE BODY ENACTS THIS ORDINANCE , ALL 17
OF THE POWERS BY THI S APPENDIX GRANTED T O THE MUNICIPALITY , FROM THE 18
EFFECTIVE DATE OF TH E ORDINANCE, ARE VESTED IN THE PU BLIC BODY OR AGENCY 19
ESTABLISHED BY THE O RDINANCE. 20
A1–105. POWERS WITHHELD FROM THE AGENCY. 21
THE AGENCY MAY NOT : 22
(1) PASS A RESOLUTION TO INITIATE AN URBAN RE NEWAL PROJECT 23
PURSUANT TO SECTIONS A1–102 AND A1–103 OF THIS APPENDIX ; 24
(2) ISSUE GENERAL OBLIGAT ION BONDS PURSUANT TO SECT ION 25
A1–111 OF THIS APPENDIX ; OR 26
(3) APPROPRIATE FUNDS OR LEVY TAXES AND ASSES SMENTS 27
PURSUANT TO SECTION A1–103(3) OF THIS APPENDIX . 28
A1–106. INITIATION OF PROJECT . 29
IN ORDER TO INITIATE AN URBAN RENEWAL PRO JECT, THE LEGISLATIVE 30 8 HOUSE BILL 543
BODY OF THE MUNICIPA LITY SHALL ADOPT A R ESOLUTION WHICH : 1
(1) FINDS THAT ONE OR MOR E BLIGHTED AREAS EXI ST IN THE 2
MUNICIPALITY; 3
(2) LOCATES AND DEFINES T HE BLIGHTED AREA ; AND 4
(3) FINDS THAT THE REHABI LITATION, REDEVELOPMENT , OR A 5
COMBINATION OF THEM , OF THE AREA OR AREAS , IS NECESSARY AND IN THE 6
INTEREST OF THE PUBL IC HEALTH, SAFETY, MORALS, OR WELFARE OF THE 7
RESIDENTS OF THE MUN ICIPALITY. 8
A1–107. PREPARATION AND APPRO VAL OF PLAN FOR URBA N RENEWAL PROJECT . 9
(A) IN ORDER TO CARRY OUT THE PURPOSES OF THIS APPENDIX , THE 10
MUNICIPALITY SHALL H AVE PREPARED AN URBA N RENEWAL PLAN FOR B LIGHTED 11
AREAS IN THE MUNICIP ALITY AND SHALL APPROVE TH E PLAN FORMALLY . THE 12
MUNICIPALITY SHALL H OLD A PUBLIC HEARING ON AN URBAN RENEWAL PROJECT 13
AFTER PUBLIC NOTICE OF IT BY PUBLICATION IN A NEWSPA PER HAVING A GENERAL 14
CIRCULATION WITHIN T HE CORPORATE LIMITS OF THE MUNICIPALITY . THE NOTICE 15
SHALL DESCRIBE THE T IME, DATE, PLACE, AND PURPOSE OF THE H EARING, SHALL 16
GENERALLY IDENTIFY T HE URBAN RENEWAL ARE A COVERED BY THE PLA N, AND 17
SHALL OUTLINE THE GENERA L SCOPE OF THE URBAN RENEWAL PROJECT UNDE R 18
CONSIDERATION . FOLLOWING THE HEARING , THE MUNICIPALITY MAY APPROVE AN 19
URBAN RENEWAL PROJEC T AND THE PLAN THERE FOR IF IT FINDS THAT: 20
(1) A FEASIBLE METHOD EXIS TS FOR THE LOCATION OF ANY 21
FAMILIES OR NATURAL PERSO NS WHO WILL BE DISPL ACED FROM THE URBAN 22
RENEWAL AREA IN DECE NT, SAFE, AND SANITARY DWELLIN G ACCOMMODATIONS 23
WITHIN THEIR MEANS A ND WITHOUT UNDUE HAR DSHIP TO THE FAMILIE S OR 24
NATURAL PERSONS ; 25
(2) THE URBAN RENEWAL PLA N CONFORMS SUBSTANT IALLY TO THE 26
MASTER PLAN OF THE M UNICIPALITY AS A WHO LE; AND 27
(3) THE URBAN RENEWAL PLA N WILL AFFORD MAXIMU M 28
OPPORTUNITY , CONSISTENT WITH THE SOUND NEEDS OF THE M UNICIPALITY AS A 29
WHOLE, FOR THE REHABILITATI ON OR REDEVELOPMENT OF THE URBAN RENEWAL 30
AREA BY PRIVATE ENTERPRISE . 31
(B) AN URBAN RENEWAL PLAN MAY BE MODIFIED AT A NY TIME. IF 32
MODIFIED AFTER THE L EASE OR SALE OF REAL PROPERTY IN THE URBA N RENEWAL 33
PROJECT AREA , THE MODIFICATION MAY BE CONDITIONED ON WH ATEVER 34 HOUSE BILL 543 9
APPROVAL OF THE OWNE R, LESSEE, OR SUCCESSOR IN INTERES T AS THE 1
MUNICIPALITY CONSIDE RS ADVISABLE. IN ANY EVENT, IT SHALL BE SUBJECT TO 2
WHATEVER RIGHTS AT L AW OR IN EQUITY AS A LESSEE OR PURCHASER , OR THE 3
SUCCESSOR OR SUCCESS ORS IN INTEREST , MAY BE ENTITLED TO A SSERT. WHERE 4
THE PROPOSED MODI FICATION WILL CHANGE SUBSTANTIALLY THE UR BAN 5
RENEWAL PLAN AS APPR OVED PREVIOUSLY BY T HE MUNICIPALITY , THE 6
MODIFICATION SHALL B E APPROVED FORMALLY BY THE MUNICIPALITY , AS IN THE 7
CASE OF AN ORIGINAL PLAN. 8
(C) ON THE APPROVAL BY TH E MUNICIPALITY OF AN URBAN RENEWAL PLAN 9
OR OF ANY MODIFICATI ON OF IT, THE PLAN OR MODIFICA TION SHALL BE 10
CONSIDERED TO BE IN FULL FORCE AND EFFEC T FOR THE RESPECTIVE URBAN 11
RENEWAL AREA . THE MUNICIPALITY MAY HAVE THE PLAN OR MOD IFICATION 12
CARRIED OUT IN ACCOR DANCE WITH ITS TERMS . 13
A1–108. DISPOSAL OF PROPERTY IN URBAN RENEWAL ARE A. 14
(A) THE MUNICIPALITY , BY ORDINANCE , MAY SELL, LEASE, OR OTHERWISE 15
TRANSFER REAL PROPER TY OR ANY INTEREST I N IT ACQUIRED BY IT FOR AN URBAN 16
RENEWAL PROJECT TO A NY PERSON FOR RESIDE NTIAL, RECREATIONAL , 17
COMMERCIAL, INDUSTRIAL, EDUCATIONAL , OR OTHER USES OR FOR PUBLIC USE, OR 18
IT MAY RETAIN THE PR OPERTY OR INTEREST F OR PUBLIC USE , IN ACCORDANCE 19
WITH THE URBAN RENEW AL PLAN AND SUBJECT TO WHATEVER COVENANT S, 20
CONDITIONS, AND RESTRICTIONS , INCLUDING COVENANTS RUNNING WITH THE 21
LAND, AS IT CONSIDERS NECE SSARY OR DESIRABLE T O ASSIST IN PREVENTI NG THE 22
DEVELOPMENT OR SPREA D OF FUTURE BLIGHTED AREAS OR TO OTHERWIS E CARRY 23
OUT THE PURPOSES OF THIS APPENDIX. THE PURCHASERS OR LES SEES AND THEIR 24
SUCCESSORS AND ASSIG NS SHALL BE OBLIGATED TO DEVO TE THE REAL PROPERTY 25
ONLY TO THE USES SPE CIFIED IN THE URBAN RENEWAL PLAN AND MAY BE 26
OBLIGATED TO COMPLY WITH WHATEVER OTHER REQUIREMENTS THE 27
MUNICIPALITY DETERMI NES TO BE IN THE PUB LIC INTEREST, INCLUDING THE 28
OBLIGATION TO BEGIN WITHIN A REASONABLE TIME AN Y IMPROVEMENTS ON TH E 29
REAL PROPERTY REQUIR ED BY THE URBAN RENE WAL PLAN. THE REAL PROPERTY 30
OR INTEREST MAY NOT BE SOLD, LEASED, OTHERWISE TRANSFERRE D, OR RETAINED 31
AT LESS THAN ITS FAI R VALUE FOR USES IN ACCORDANCE WITH THE URBAN 32
RENEWAL PLAN. IN DETERMINING THE FA IR VALUE OF REAL PRO PERTY FOR USES 33
IN ACCORDANCE WITH T HE URBAN RENEWAL PLA N, THE MUNICIPALITY SHA LL TAKE 34
INTO ACCOUNT AND GIV E CONSIDERATION TO T HE USES PROVIDED IN THE PLAN, 35
THE RESTRICTIONS ON , AND THE COVENANTS , CONDITIONS, AND OBLIGATIONS 36
ASSUMED BY THE PURCH ASER OR LESSEE OR BY THE MUNICIPALITY RET AINING THE 37
PROPERTY, AND THE OBJECTIVES O F THE PLAN FOR THE P REVENTION OF THE 38
RECURRENCE OF BLIGHT ED AREAS. IN ANY INSTRUMENT OR CONVEYANCE TO A 39
PRIVATE PURCHASER OR LESSEE, THE MUNICIPALITY MAY PROV IDE THAT THE 40 10 HOUSE BILL 543
PURCHASER OR LESSEE MAY NOT SELL, LEASE, OR OTHERWISE TRANSFE R THE REAL 1
PROPERTY WITHOUT THE PRIOR WRITTEN CONSEN T OF THE MUNICIPALIT Y UNTIL 2
THE PURCHASER OR LES SEE HAS COMPLETED TH E CONSTRUCTION OF AN Y OR ALL 3
IMPROVEMENTS WHICH THE PURCHASER OR LESSEE HAS BEEN O BLIGATED TO 4
CONSTRUCT ON THE PRO PERTY. REAL PROPERTY ACQUIRE D BY THE MUNICIPALIT Y 5
WHICH, IN ACCORDANCE WITH T HE PROVISIONS OF THE URBAN RENEWAL PLAN , IS 6
TO BE TRANSFERRED , SHALL BE TRANSFERRED AS RAPIDLY AS FEASIB LE IN THE 7
PUBLIC INTEREST CONS ISTENT WITH THE CARR YING OUT OF THE PROV ISIONS OF 8
THE URBAN RENEWAL PL AN. ANY CONTRACT FOR THE TRANSFER AND THE URB AN 9
RENEWAL PLAN (OR ANY PART OR PARTS OF THE CONTRACT OR P LAN AS THE 10
MUNICIPALITY DETERMI NES) MAY BE RECORDED IN T HE LAND RECORDS OF T HE 11
COUNTY IN WHICH THE MUNICIPALITY IS SITU ATED IN A MANNER SO AS TO AFFORD 12
ACTUAL OR CONSTRUCTI VE NOTICE OF IT. 13
(B) THE MUNICIPALITY , BY ORDINANCE , MAY DISPOSE OF REAL PROPERTY 14
IN AN URBAN RENEWAL AREA TO PRIVATE PERS ONS. THE MUNICIP ALITY MAY, BY 15
PUBLIC NOTICE BY PUB LICATION IN A NEWSPA PER HAVING A GENERAL 16
CIRCULATION IN THE C OMMUNITY, INVITE PROPOSALS FRO M AND MAKE AVAILABLE 17
ALL PERTINENT INFORM ATION TO PRIVATE RED EVELOPERS OR ANY PER SONS 18
INTERESTED IN UNDERT AKING TO REDEVELOP O R REHABILITATE AN URBAN 19
RENEWAL AREA , OR ANY PART THEREOF . THE NOTICE SHALL IDEN TIFY THE AREA, 20
OR PORTION THEREOF , AND SHALL STATE THAT PROPOSALS SHALL BE M ADE BY 21
THOSE INTERESTED WIT HIN A SPECIFIED PERI OD. THE MUNICIPALITY SHAL L 22
CONSIDER ALL REDEVEL OPMENT OR R EHABILITATION PROPOS ALS AND THE 23
FINANCIAL AND LEGAL ABILITY OF THE PERSO NS MAKING PROPOSALS TO CARRY 24
THEM OUT, AND MAY NEGOTIATE WI TH ANY PERSONS FOR P ROPOSALS FOR THE 25
PURCHASE, LEASE, OR OTHER TRANSFER OF ANY REAL PROPERTY AC QUIRED BY 26
THE MUNICIPALITY IN THE URBAN RENEWAL AR EA. THE MUNICIPALITY MAY ACCEPT 27
ANY PROPOSAL AS IT D EEMS TO BE IN THE PU BLIC INTEREST AND IN FURTHERANCE 28
OF THE PURPOSES OF T HIS APPENDIX. THEREAFTER , THE MUNICIPALITY MAY 29
EXECUTE AND DELIVER CONTRACTS, DEEDS, LEASES, AND OTHER INSTRUME NTS 30
AND TAKE ALL STEPS N ECESSARY TO EFFECTUA TE THE TRANSFERS . 31
(C) THE MUNICIPALITY MAY OPERATE TEMPORARILY AND MAINTAIN REAL 32
PROPERTY ACQUIRED BY IT IN AN URBAN RENEW AL AREA FOR OR IN CO NNECTION 33
WITH AN URBAN RENEWA L PROJECT PENDING TH E DISPOSITION OF TH E PROPERTY 34
AS AUTHORIZED IN THI S APPENDIX, WITHOUT REGARD TO TH E PROVISIONS OF 35
SUBSECTION (A), FOR USES AND PURPOSE S CONSIDERED DESIRAB LE EVEN THOUGH 36
NOT IN CONFORMITY WI TH THE URBAN RENEWAL PLAN. 37
(D) ANY INSTRUMENT EXECUT ED BY THE MUNICIPALI TY AND PURPO RTING 38
TO CONVEY ANY RIGHT , TITLE, OR INTEREST IN ANY P ROPERTY UNDER THIS 39
APPENDIX SHALL BE PR ESUMED CONCLUSIVELY TO HAVE BEEN EXECUTE D IN 40 HOUSE BILL 543 11
COMPLIANCE WITH THE PROVISIONS OF THIS A PPENDIX INSOFAR AS T ITLE OR 1
OTHER INTEREST OF AN Y BONA FIDE PURCHASE RS, LESSEES, OR TRANSFEREES OF 2
THE PROPERTY IS CONC ERNED. 3
A1–109. EMINENT DOMAIN . 4
CONDEMNATION OF LAND OR PROPERTY UNDER TH E PROVISIONS OF THIS 5
APPENDIX SHALL BE IN ACCORDANCE WITH THE PROCEDURE PROVIDED I N THE 6
REAL PROPERTY ARTICLE OF THE ANNOTATED CODE OF MARYLAND. 7
A1–110. ENCOURAGEMENT OF PRIV ATE ENTERPRISE . 8
THE MUNICIPALITY , TO THE EXTENT IT DET ERMINES TO BE FEASIB LE IN 9
CARRYING OUT THE PRO VISIONS OF THIS APPE NDIX, SHALL AFFORD MAXIMUM 10
OPPORTUNITY TO THE R EHABILITATION OR RED EVELOPMENT OF ANY UR BAN 11
RENEWAL AREA BY PRIVATE ENTE RPRISE CONSISTENT WI TH THE SOUND NEEDS O F 12
THE MUNICIPALITY AS A WHOLE. THE MUNICIPALITY SHAL L GIVE CONSIDERATION 13
TO THIS OBJECTIVE IN EXERCISING ITS POWER S UNDER THIS APPENDI X. 14
A1–111. GENERAL OBLIGATION BO NDS. 15
FOR THE PURPOSE OF FI NANCING AND CARRYING OUT AN URBAN RENEWAL 16
PROJECT AND RELATED ACTIVITIES, THE MUNICIPALITY MAY ISSUE AND SELL ITS 17
GENERAL OBLIGATION B ONDS. ANY BONDS ISSUED BY T HE MUNICIPALITY 18
PURSUANT TO THIS SEC TION SHALL BE ISSUED IN THE MANNER AND WI THIN THE 19
LIMITATIONS PRESCRIBED BY APPL ICABLE LAW FOR THE I SSUANCE AND 20
AUTHORIZATION OF GEN ERAL OBLIGATION BOND S BY THE MUNICIPALIT Y, AND 21
ALSO WITHIN LIMITATI ONS DETERMINED BY TH E MUNICIPALITY. 22
A1–112. REVENUE BONDS . 23
(A) IN ADDITION TO THE AU THORITY CONFERRED BY SECTION A1–111 OF 24
THIS APPENDIX, THE MUNICIPALITY MAY ISSUE REVENUE BONDS TO FINANCE THE 25
UNDERTAKING OF ANY U RBAN RENEWAL PROJECT AND RELATED ACTIVITI ES. ALSO, 26
IT MAY ISSUE REFUNDI NG BONDS FOR THE PAY MENT OR RETIRE MENT OF THE 27
BONDS ISSUED PREVIOU SLY BY IT. THE BONDS SHALL BE MA DE PAYABLE, AS TO 28
BOTH PRINCIPAL AND I NTEREST, SOLELY FROM THE INCO ME, PROCEEDS, 29
REVENUES, AND FUNDS OF THE MUN ICIPALITY DERIVED FR OM OR HELD IN 30
CONNECTION WITH THE UNDERTAKING AND CARR YING OUT OF URBAN RENEWAL 31
PROJECTS UNDER THIS APPENDIX. HOWEVER, PAYMENT OF THE BONDS , BOTH AS 32
TO PRINCIPAL AND INT EREST, MAY BE FURTHER SECUR ED BY A PLEDGE OF AN Y 33
LOAN, GRANT, OR CONTRIBUTION FROM THE FEDERAL GOVERNME NT OR OTHER 34
SOURCE, IN AID OF ANY URBAN RENEWAL PROJECTS OF THE M UNICIPALITY UNDER 35 12 HOUSE BILL 543
THIS APPENDIX, AND BY A MORTGAGE OF ANY URBAN RENEWAL PR OJECT, OR ANY 1
PART OF A PROJECT , TITLE TO WHICH IS IN THE MUNICIPALITY . IN ADDITION, THE 2
MUNICIPALITY MAY ENT ER INTO AN INDENTURE OF TRUST WITH ANY PR IVATE 3
BANKING INSTITUTION OF THI S STATE HAVING TRUST PO WERS AND MAY MAKE IN 4
THE INDENTURE OF TRU ST COVENANTS AND COM MITMENTS REQUIRED BY ANY 5
PURCHASER FOR THE AD EQUATE SECURITY OF T HE BONDS. 6
(B) BONDS ISSUED UNDER TH IS SECTION DO NOT CO NSTITUTE AN 7
INDEBTEDNESS WITHI N THE MEANING OF ANY CONSTITUTIONAL OR ST ATUTORY 8
DEBT LIMITATION OR R ESTRICTION, ARE NOT SUBJECT TO T HE PROVISIONS OF ANY 9
OTHER LAW OR CHARTER RELATING TO THE AUTH ORIZATION, ISSUANCE, OR SALE 10
OF BONDS , AND ARE EXEMPTED SPE CIFICALLY FROM THE R ESTRICTIONS 11
CONTAINED IN §§ 19–205 AND 19–206 OF THE LOCAL GOVERNMENT ARTICLE OF 12
THE ANNOTATED CODE OF MARYLAND. BONDS ISSUED UNDER TH E PROVISIONS OF 13
THIS APPENDIX ARE DE CLARED TO BE ISSUED FOR AN ESSENTIAL PUB LIC AND 14
GOVERNMENTAL PURPOSE AND, TOGETHER WITH INTERE ST ON THEM AND INCOME 15
FROM THEM, ARE EXEMPT FROM ALL TAXES. 16
(C) BONDS ISSUED UNDER TH IS SECTION SHALL BE AUTHORIZED BY 17
RESOLUTION OR ORDINA NCE OF THE LEGISLATI VE BODY OF THE MUNIC IPALITY. 18
THEY MAY BE ISSUED IN ONE OR MORE SERIES A ND SHALL: 19
(1) BEAR A DATE OR DATES; 20
(2) MATURE AT A TIME OR T IMES; 21
(3) BEAR INTEREST AT A RA TE OR RATES; 22
(4) BE IN A DENOMINATION OR DENOMINATIONS ; 23
(5) BE IN A FORM EITHER W ITH OR WITHOUT COUPO N OR 24
REGISTERED; 25
(6) CARRY A CONVERSION OR REGISTRATION PRIVILE GE; 26
(7) HAVE A RANK OR PRIORI TY; 27
(8) BE EXECUTED IN A MANN ER; 28
(9) BE PAYABLE IN A MEDIU M OF PAYMENT , AT A PLACE OR PLACES , 29
AND BE SUBJECT TO TE RMS OF REDEMPTION (WITH OR WITHOUT PREM IUM); 30
(10) BE SECURED IN A MANNE R; AND 31 HOUSE BILL 543 13
(11) HAVE OTHER CHARACTERI STICS, AS ARE PROVIDED BY T HE 1
RESOLUTION, TRUST INDENTURE , OR MORTGAGE ISSUED P URSUANT TO IT. 2
(D) THESE BONDS MAY NOT B E SOLD AT LESS THAN PAR VALUE AT PUBLIC 3
SALES WHICH ARE HELD AFTER NOTICE IS PUBL ISHED PRIOR TO THE S ALE IN A 4
NEWSPAPER HAVING A G ENERAL CIRC ULATION IN THE AREA IN WHICH THE 5
MUNICIPALITY IS LOCA TED AND IN WHATEVER OTHER MEDIUM OF PUBL ICATION AS 6
THE MUNICIPALITY MAY DETERMINE. THE BONDS MAY BE EXCH ANGED ALSO FOR 7
OTHER BONDS ON THE B ASIS OF PAR. HOWEVER, THE BONDS MAY NOT BE SOLD TO 8
THE FEDERAL G OVERNMENT AT PRIVATE SALE AT LESS THAN PA R, AND, IN THE 9
EVENT LESS THAN ALL OF THE AUTHORIZED PR INCIPAL AMOUNT OF TH E BONDS IS 10
SOLD TO THE FEDERAL GOVERNMENT , THE BALANCE MAY NOT BE SOLD AT PRIVATE 11
SALE AT LESS THAN PA R AT AN INTEREST COS T TO THE MUNICIPAL ITY WHICH DOES 12
NOT EXCEED THE INTER EST COST TO THE MUNI CIPALITY OF THE PORT ION OF THE 13
BONDS SOLD TO THE FE DERAL GOVERNMENT . 14
(E) IN CASE ANY OF THE PU BLIC OFFICIALS OF TH E MUNICIPALITY WHOSE 15
SIGNATURES APPEAR ON ANY BONDS OR COUPONS ISSUED UNDER THIS AP PENDIX 16
CEASE TO BE OFFICIAL S OF THE MUNICIPALIT Y BEFORE THE DELIVER Y OF THE 17
BONDS OR IN THE EVEN T ANY OF THE OFFICIA LS HAVE BECOME SUCH AFTER THE 18
DATE OF ISSUE OF THE M, THE BONDS ARE VALID AND BINDING OBLIGATI ONS OF THE 19
MUNICIPALITY IN ACCO RDANCE WITH THEIR TERMS. ANY PROVISION OF ANY LAW 20
TO THE CONTRARY NOTW ITHSTANDING, ANY BONDS ISSUED PUR SUANT TO THIS 21
APPENDIX ARE FULLY N EGOTIABLE. 22
(F) IN ANY SUIT, ACTION, OR PROCEEDING INVOLV ING THE VALIDITY OR 23
ENFORCEABILITY OF AN Y BOND ISSUED UNDER THIS APPENDIX, OR THE SECURITY 24
FOR IT, ANY BOND WHICH RECIT ES IN SUBSTANCE THAT IT HAS BEEN ISSUED B Y THE 25
MUNICIPALITY IN CONN ECTION WITH AN URBAN RENEWAL PROJECT SHAL L BE 26
CONSIDERED CONCLUSIV ELY TO HAVE BEEN ISS UED FOR THAT PURPOSE , AND THE 27
PROJECT SHALL BE CON SIDERED CONCL USIVELY TO HAVE BEEN PLANNED, 28
LOCATED, AND CARRIED OUT IN A CCORDANCE WITH THE P ROVISIONS OF THIS 29
APPENDIX. 30
(G) ALL BANKS, TRUST COMPANIES , BANKERS, SAVINGS BANKS , AND 31
INSTITUTIONS, BUILDING AND LOAN AS SOCIATIONS, SAVINGS AND LOAN 32
ASSOCIATIONS, INVESTMENT COMPANIES, AND OTHER PERSONS CA RRYING ON A 33
BANKING OR INVESTMEN T BUSINESS; ALL INSURANCE COMPAN IES, INSURANCE 34
ASSOCIATIONS, AND OTHER PERSONS CA RRYING ON AN INSURAN CE BUSINESS; AND 35
ALL EXECUTORS , ADMINISTRATORS , CURATORS, TRUSTEES, AND OTHER 36
FIDUCIARIES, MAY LEGALLY INVEST A NY SINKING FUNDS , MONEYS, OR OTHER 37
FUNDS BELONGING TO T HEM OR WITHIN THEIR CONTROL IN ANY BONDS OR OTHER 38 14 HOUSE BILL 543
OBLIGATIONS ISSUED B Y THE MUNICIPALITY P URSUANT TO THIS APPE NDIX. 1
HOWEVER, THE BONDS AND OTHER OBLIGATIONS SHALL BE SECURED BY AN 2
AGREEMENT BETWEEN THE ISSUER AND THE FEDER AL GOVERNMENT IN WHI CH THE 3
ISSUER AGREES TO BOR ROW FROM THE FEDERAL GOVERNMENT AND THE F EDERAL 4
GOVERNMENT AGREES TO LEND TO THE ISSUER , PRIOR TO THE MATURIT Y OF THE 5
BONDS OR OTHER OBLIG ATIONS, MONEYS IN AN AMOUNT WHICH (TOGETHER WITH 6
ANY OTHER MONEYS COM MITTED IRREVOCABLY T O THE PAYMENT OF PRI NCIPAL 7
AND INTEREST ON THE BONDS OR OTHER OBLIG ATIONS) WILL SUFFICE TO PAY THE 8
PRINCIPAL OF THE BON DS OR OTHER OBLIGATI ONS WITH INTEREST TO MATURITY 9
ON THEM. THE MONEYS UNDER TH E TERMS OF THE AGREE MENT SHALL BE 10
REQUIRED TO BE USED FOR THE PURPOSE OF P AYING THE PRINCIPAL OF AND THE 11
INTEREST ON THE BOND S OR OTHER OBLIGATIO NS AT THEIR MATURITY . THE BONDS 12
AND OTHER OBLIGATION S SHALL BE AUTHORIZE D SECURITY FOR ALL P UBLIC 13
DEPOSITS. THIS SECTION AUTHORIZES ANY PERSONS OR PUBLI C OR PRIVATE 14
POLITICAL SUBDIVISIO NS AND OFFICERS TO U SE ANY FUNDS OWNED O R 15
CONTROLLED BY THEM F OR THE PURCHASE OF A NY BONDS OR OTHER 16
OBLIGATIONS. WITH REGARD TO LEGAL INVESTMENTS , THIS SECTION MAY NOT BE 17
CONSTRUED T O RELIEVE ANY PERSON OF ANY DUTY OF EXERC ISING REASONABLE 18
CARE IN SELECTING SE CURITIES. 19
A1–113. SHORT TITLE. 20
THIS APPENDIX SHALL B E KNOWN AND MAY BE C ITED AS THE HANCOCK 21
URBAN RENEWAL AUTHORITY FOR BLIGHT CLEARANCE ACT. 22
A1–114. AUTHORITY TO AMEND OR REPEAL. 23
THIS APPENDIX, ENACTED PURSUANT TO ARTICLE III, SECTION 61 OF THE 24
MARYLAND CONSTITUTION, MAY BE AMENDED OR RE PEALED ONLY BY THE 25
GENERAL ASSEMBLY OF MARYLAND. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2022. 28