11 | | - | FOR the purpose of authorizing and empowering the County Commissioners of Calvert |
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12 | | - | County, from time to time, to borrow not more than $13,183,000 $28,183,000 to |
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13 | | - | finance the construction, improvement, or development of certain public buildings, |
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14 | | - | roads, and facilities in Calvert County, as herein defined, and to effect such |
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15 | | - | borrowing by the issuance and sale at public or private sale of its general obligation |
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16 | | - | bonds in like par amount; empowering the County to fix and determine, by |
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17 | | - | resolution, the form, tenor, interest rate or rates or method of determining the same, |
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18 | | - | terms, conditions, maturities, and all other details incident to the issuance and sale |
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19 | | - | of the bonds; empowering the County to issue refunding bonds for the purchase or |
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20 | | - | redemption of bonds in advance of maturity; empowering and directing the County |
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21 | | - | to levy, impose, and collect, annually, ad valorem taxes in rate and amount sufficient |
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22 | | - | to provide funds for the payment of the maturing principal of and interest on the |
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23 | | - | bonds; exempting the bonds and refunding bonds and the interest thereon and any |
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24 | | - | income derived therefrom from all State, county, municipal, and other taxation in |
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25 | | - | the State of Maryland; providing that nothing in this Act shall prevent the County |
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26 | | - | from authorizing the issuance and sale of bonds the interest on which is not |
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27 | | - | excludable from gross income for federal income tax purposes; and generally relating |
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28 | | - | to the issuance and sale of such bonds. |
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| 17 | + | Read and Examined by Proofreaders: |
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51 | | - | – 2 – |
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52 | | - | SECTION 3. AND BE IT FURTHER ENACTED, That the bonds shall be issued in |
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53 | | - | accordance with a resolution of the County, which shall describe generally the construction, |
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54 | | - | improvement, or development of public facilities for which the proceeds of the bond sale are |
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55 | | - | intended and the amount needed for those purposes. The County shall have and is hereby |
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56 | | - | granted full and complete authority and discretion in the resolution to fix and determine |
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57 | | - | with respect to the bonds of any issue: the designation, date of issue, denomination or |
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58 | | - | denominations, form or forms, and tenor of the bonds which, without limitation, may be |
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59 | | - | issued in registered form within the meaning of § 19–204 of the Local Government Article |
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60 | | - | of the Annotated Code of Maryland, as amended; the rate or rates of interest payable |
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61 | | - | thereon, or the method of determining the same, which may include a variable rate; the |
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62 | | - | date or dates and amount or amounts of maturity, which need not be in equal par amounts |
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63 | | - | or in consecutive annual installments, provided only that no bond of any issue shall mature |
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64 | | - | later than 30 years from the date of its issue; the manner of selling the bonds, which may |
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65 | | - | be at either public or private sale, for such price or prices as may be determined to be for |
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66 | | - | the best interests of Calvert County; the manner of executing and sealing the bonds, which |
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67 | | - | may be by facsimile; the terms and conditions, if any, under which bonds may be tendered |
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68 | | - | for payment or purchase prior to their stated maturity; the terms or conditions, if any, |
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69 | | - | under which bonds may or shall be redeemed prior to their stated maturity; the place or |
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70 | | - | places of payment of the principal of and the interest on the bonds, which may be at any |
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71 | | - | bank or trust company within or without the State of Maryland; covenants relating to |
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72 | | - | compliance with applicable requirements of federal income tax law, including (without |
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73 | | - | limitation) covenants regarding the payment of rebate or penalties in lieu of rebate; |
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74 | | - | covenants relating to compliance with applicable requirements of federal or state securities |
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75 | | - | laws; and generally all matters incident to the terms, conditions, issuance, sale, and |
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76 | | - | delivery thereof. |
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| 26 | + | _______ day of _______________ at _________________ _______ o’clock, ________M. |
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113 | | - | SECTION 4. AND BE IT FURTHER ENACTED, That the net proceeds of the sale |
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114 | | - | of bonds shall be used and applied exclusively and solely for the acquisition, construction, |
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115 | | - | improvement, or development of public facilities for which the bonds are sold. If the |
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116 | | - | amounts borrowed shall prove inadequate to finance the projects described in the |
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117 | | - | resolution, the County may issue additional bonds with the limitations hereof for the |
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118 | | - | purpose of evidencing the borrowing of additional funds for such financing, provided the |
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119 | | - | resolution authorizing the sale of additional bonds shall so recite, but if the net proceeds of |
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120 | | - | the sale of any issue of bonds exceed the amount needed to finance the projects described |
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121 | | - | in the resolution, the excess funds so borrowed and not expended shall be applied to the |
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122 | | - | payment of the next principal maturity of the bonds or to the redemption of any part of the |
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123 | | - | bonds which have been made redeemable or to the purchase and cancellation of bonds, |
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124 | | - | unless the County shall adopt a resolution allocating the excess funds to the acquisition, |
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125 | | - | construction, improvement, or development of other public facilities, as defined and within |
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126 | | - | the limits set forth in this Act. |
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| 37 | + | FOR the purpose of authorizing and empowering the County Commissioners of Calvert 3 |
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| 38 | + | County, from time to time, to borrow not more than $13,183,000 $28,183,000 to 4 |
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| 39 | + | finance the construction, improvement, or development of certain public buildings, 5 |
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| 40 | + | roads, and facilities in Calvert County, as herein defined, and to effect such 6 |
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| 41 | + | borrowing by the issuance and sale at public or private sale of its general obligation 7 |
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| 42 | + | bonds in like par amount; empowering the County to fix and determine, by 8 |
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| 43 | + | resolution, the form, tenor, interest rate or rates or method of determining the same, 9 |
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| 44 | + | terms, conditions, maturities, and all other details incident to the issuance and sale 10 |
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| 45 | + | of the bonds; empowering the County to issue refunding bonds for the purchase or 11 |
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| 46 | + | redemption of bonds in advance of maturity; empowering and directing the County 12 |
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| 47 | + | to levy, impose, and collect, annually, ad valorem taxes in rate and amount sufficient 13 |
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| 48 | + | to provide funds for the payment of the maturing principal of and interest on the 14 |
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| 49 | + | bonds; exempting the bonds and refunding bonds and the interest thereon and any 15 2 HOUSE BILL 893 |
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148 | | - | SECTION 6. AND BE IT FURTHER ENACTED, That the County is further |
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149 | | - | authorized and empowered, at any time and from time to time, to issue its bonds in the |
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150 | | - | manner hereinabove described for the purpose of refunding, by payment at maturity or |
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151 | | - | upon purchase or redemption, any bonds issued hereunder. The validity of any such |
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152 | | - | refunding bonds shall in no way be dependent upon or related to the validity or invalidity |
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153 | | - | of the obligations so refunded. The powers herein granted with respect to the issuance of |
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154 | | - | bonds shall be applicable to the issuance of refunding bonds. Such refunding bonds may be |
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155 | | - | issued by the County in such an amount as shall be necessary for the purpose of providing |
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156 | | - | it with funds to pay any of its outstanding bonds issued hereunder at maturity, for the |
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157 | | - | purpose of providing it with funds to purchase in the open market any of its outstanding |
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158 | | - | bonds issued hereunder, prior to the maturity thereof, or for the purpose of providing it |
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159 | | - | with funds for the redemption prior to maturity of any outstanding bonds issued hereunder |
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160 | | - | which are, by their terms, redeemable, for the purpose of providing it with funds to pay |
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161 | | - | interest on any outstanding bonds issued hereunder prior to their payment at maturity of |
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162 | | - | purchase or redemption in advance of maturity, or for the purpose of providing it with funds |
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163 | | - | to pay any redemption or purchase premium in connection with the refunding of any of its |
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164 | | - | outstanding bonds issued hereunder. The proceeds of the sale of any such refunding bonds |
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165 | | - | shall be segregated and set apart by the County as a separate trust fund to be used solely |
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166 | | - | for the purpose of paying the purchase or redemption prices of the bonds to be refunded. |
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| 58 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 |
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| 59 | + | That, as used herein, the term “County” means the body politic and corporate of the State 7 |
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| 60 | + | of Maryland known as the County Commissioners of Calvert County, and the term 8 |
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| 61 | + | “construction, improvement, or development of public facilities” means the acquisition, 9 |
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| 62 | + | alteration, construction, reconstruction, enlargement, equipping, expansion, extension, 10 |
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| 63 | + | improvement, rehabilitation, renovation, upgrading, and repair of public buildings, roads, 11 |
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| 64 | + | and facilities, including but not limited to Calvert Pines Senior Center Renovations, Breezy 12 |
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| 65 | + | Shoreline Restoration, Lower Marlboro Culvert, existing storm drainage systems around 13 |
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| 66 | + | the county, and the West Prince Frederick Water Storage Tank, and issuance costs together 14 |
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| 67 | + | with the costs of acquiring land or interests in land as well as any related architectural, 15 |
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| 68 | + | financial, legal, planning, or engineering services. 16 |
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177 | | - | SECTION 8. AND BE IT FURTHER ENACT ED, That any and all obligations issued |
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178 | | - | pursuant to the authority of this Act, their transfer, the interest payable thereon, and any |
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179 | | - | income derived therefrom in the hands of the holders thereof from time to time (including |
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180 | | - | any profit made in the sale thereof) shall be and are hereby declared to be at all times |
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181 | | - | exempt from State, county, municipal, or other taxation of every kind and nature |
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182 | | - | whatsoever within the State of Maryland. Nothing in this Act shall prevent the County |
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183 | | - | from authorizing the issuance and sale of bonds the interest on which is not excludable |
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184 | | - | from gross income for federal income tax purposes. |
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| 78 | + | SECTION 3. AND BE IT FURTHER ENACTED, That the bonds shall be issued in 24 |
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| 79 | + | accordance with a resolution of the County, which shall describe generally the construction, 25 |
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| 80 | + | improvement, or development of public facilities for which the proceeds of the bond sale are 26 |
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| 81 | + | intended and the amount needed for those purposes. The County shall have and is hereby 27 |
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| 82 | + | granted full and complete authority and discretion in the resolution to fix and determine 28 |
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| 83 | + | with respect to the bonds of any issue: the designation, date of issue, denomination or 29 |
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| 84 | + | denominations, form or forms, and tenor of the bonds which, without limitation, may be 30 |
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| 85 | + | issued in registered form within the meaning of § 19–204 of the Local Government Article 31 |
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| 86 | + | of the Annotated Code of Maryland, as amended; the rate or rates of interest payable 32 |
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| 87 | + | thereon, or the method of determining the same, which may include a variable rate; the 33 |
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| 88 | + | date or dates and amount or amounts of maturity, which need not be in equal par amounts 34 |
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| 89 | + | or in consecutive annual installments, provided only that no bond of any issue shall mature 35 |
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| 90 | + | later than 30 years from the date of its issue; the manner of selling the bonds, which may 36 |
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| 91 | + | be at either public or private sale, for such price or prices as may be determined to be for 37 |
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| 92 | + | the best interests of Calvert County; the manner of executing and sealing the bonds, which 38 |
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| 93 | + | may be by facsimile; the terms and conditions, if any, under which bonds may be tendered 39 |
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| 94 | + | for payment or purchase prior to their stated maturity; the terms or conditions, if any, 40 |
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| 95 | + | under which bonds may or shall be redeemed prior to their stated maturity; the place or 41 |
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| 96 | + | places of payment of the principal of and the interest on the bonds, which may be at any 42 |
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| 97 | + | bank or trust company within or without the State of Maryland; covenants relating to 43 |
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| 98 | + | compliance with applicable requirements of federal income tax law, including (without 44 HOUSE BILL 893 3 |
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205 | | - | Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022. |
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| 117 | + | The County may enter into agreements with agents, banks, fiduciaries, insurers, or 15 |
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| 118 | + | others for the purpose of enhancing the marketability of any security for the bonds and for 16 |
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| 119 | + | the purpose of securing any tender option that may be granted to holders of the bonds, all 17 |
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| 120 | + | as may be determined and presented in the aforesaid resolution, which may (but need not) 18 |
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| 121 | + | state as security for the performance by the County of any monetary obligations under such 19 |
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| 122 | + | agreements the same security given by the County to bondholders for the performance by 20 |
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| 123 | + | the County of its monetary obligations under the bonds. 21 |
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| 124 | + | |
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| 125 | + | If the County determines in the resolution to offer any of the bonds by solicitation of 22 |
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| 126 | + | competitive bids at public sale, the resolution shall fix the terms and conditions of the public 23 |
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| 127 | + | sale and shall adopt a form of notice of sale, which shall outline the terms and conditions, 24 |
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| 128 | + | and a form of advertisement, which shall be published in one or more daily or weekly 25 |
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| 129 | + | newspapers having a general circulation in the County and which may also be published in 26 |
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| 130 | + | one or more journals having a circulation primarily among banks and investment bankers. 27 |
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| 131 | + | At least one publication of the advertisement shall be made not less than 10 days before 28 |
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| 132 | + | the sale of the bonds. 29 |
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| 133 | + | |
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| 134 | + | Upon delivery of any bonds to the purchaser or purchasers, payment therefor shall 30 |
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| 135 | + | be made to the Treasurer of Calvert County or such other official of Calvert County as may 31 |
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| 136 | + | be designated to receive such payment in a resolution passed by the County before such 32 |
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| 137 | + | delivery. 33 |
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| 138 | + | |
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| 139 | + | SECTION 4. AND BE IT FURTHER ENACTED, That the net proceeds of the sale 34 |
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| 140 | + | of bonds shall be used and applied exclusively and solely for the acquisition, construction, 35 |
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| 141 | + | improvement, or development of public facilities for which the bonds are sold. If the 36 |
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| 142 | + | amounts borrowed shall prove inadequate to finance the projects described in the 37 |
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| 143 | + | resolution, the County may issue additional bonds with the limitations hereof for the 38 |
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| 144 | + | purpose of evidencing the borrowing of additional funds for such financing, provided the 39 |
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| 145 | + | resolution authorizing the sale of additional bonds shall so recite, but if the net proceeds of 40 |
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| 146 | + | the sale of any issue of bonds exceed the amount needed to finance the projects described 41 |
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| 147 | + | in the resolution, the excess funds so borrowed and not expended shall be applied to the 42 4 HOUSE BILL 893 |
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| 148 | + | |
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| 149 | + | |
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| 150 | + | payment of the next principal maturity of the bonds or to the redemption of any part of the 1 |
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| 151 | + | bonds which have been made redeemable or to the purchase and cancellation of bonds, 2 |
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| 152 | + | unless the County shall adopt a resolution allocating the excess funds to the acquisition, 3 |
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| 153 | + | construction, improvement, or development of other public facilities, as defined and within 4 |
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| 154 | + | the limits set forth in this Act. 5 |
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| 155 | + | |
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| 156 | + | SECTION 5. AND BE IT FURTHER ENACTED, That the bonds hereby authorized 6 |
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| 157 | + | shall constitute, and they shall so recite, an irrevocable pledge of the full faith and credit 7 |
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| 158 | + | and unlimited taxing power of the County to the payment of the maturing principal of and 8 |
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| 159 | + | interest on the bonds as and when they become payable. In each and every fiscal year that 9 |
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| 160 | + | any of the bonds are outstanding, the County shall levy or cause to be levied ad valorem 10 |
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| 161 | + | taxes upon all the assessable property within the corporate limits of the County in rate and 11 |
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| 162 | + | amount sufficient to provide for or assure the payment, when due, of the principal of and 12 |
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| 163 | + | interest on all the bonds maturing in each such fiscal year and, in the event the proceeds 13 |
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| 164 | + | from the taxes so levied in any such fiscal year shall prove inadequate for such payment, 14 |
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| 165 | + | additional taxes shall be levied in the succeeding fiscal year to make up any such deficiency. 15 |
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| 166 | + | The County may apply to the payment of the principal of and interest on any bonds issued 16 |
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| 167 | + | hereunder any funds received by it from the State of Maryland, the United States of 17 |
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| 168 | + | America, any agency or instrumentality thereof, or from any other source, if such funds are 18 |
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| 169 | + | granted for the purpose of assisting the County in financing the acquisition, construction, 19 |
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| 170 | + | improvement, or development of the public facilities defined in this Act and, to the extent 20 |
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| 171 | + | of any such funds received or receivable in any fiscal year, the taxes that are required to be 21 |
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| 172 | + | levied may be reduced accordingly. 22 |
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| 173 | + | |
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| 174 | + | SECTION 6. AND BE IT FURTHER ENACTED, That the County is further 23 |
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| 175 | + | authorized and empowered, at any time and from time to time, to issue its bonds in the 24 |
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| 176 | + | manner hereinabove described for the purpose of refunding, by payment at maturity or 25 |
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| 177 | + | upon purchase or redemption, any bonds issued hereunder. The validity of any such 26 |
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| 178 | + | refunding bonds shall in no way be dependent upon or related to the validity or invalidity 27 |
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| 179 | + | of the obligations so refunded. The powers herein granted with respect to the issuance of 28 |
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| 180 | + | bonds shall be applicable to the issuance of refunding bonds. Such refunding bonds may be 29 |
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| 181 | + | issued by the County in such an amount as shall be necessary for the purpose of providing 30 |
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| 182 | + | it with funds to pay any of its outstanding bonds issued hereunder at maturity, for the 31 |
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| 183 | + | purpose of providing it with funds to purchase in the open market any of its outstanding 32 |
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| 184 | + | bonds issued hereunder, prior to the maturity thereof, or for the purpose of providing it 33 |
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| 185 | + | with funds for the redemption prior to maturity of any outstanding bonds issued hereunder 34 |
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| 186 | + | which are, by their terms, redeemable, for the purpose of providing it with funds to pay 35 |
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| 187 | + | interest on any outstanding bonds issued hereunder prior to their payment at maturity of 36 |
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| 188 | + | purchase or redemption in advance of maturity, or for the purpose of providing it with funds 37 |
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| 189 | + | to pay any redemption or purchase premium in connection with the refunding of any of its 38 |
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| 190 | + | outstanding bonds issued hereunder. The proceeds of the sale of any such refunding bonds 39 |
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| 191 | + | shall be segregated and set apart by the County as a separate trust fund to be used solely 40 |
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| 192 | + | for the purpose of paying the purchase or redemption prices of the bonds to be refunded. 41 |
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| 193 | + | |
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| 194 | + | SECTION 7. AND BE IT FURTHER ENAC TED, That the County may, prior to the 42 |
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| 195 | + | preparation of definitive bonds, issue interim certificates or temporary bonds, exchangeable 43 |
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| 196 | + | for definitive bonds when such bonds have been executed and are available for such 44 HOUSE BILL 893 5 |
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| 197 | + | |
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| 198 | + | |
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| 199 | + | delivery, provided, however, that any such interim certificates or temporary bonds shall be 1 |
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| 200 | + | issued in all respects subject to the restrictions and requirements set forth in this Act. The 2 |
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| 201 | + | County may, by appropriate resolution, provide for the replacement of any bonds issued 3 |
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| 202 | + | hereunder which shall have become mutilated or lost or destroyed upon such conditions 4 |
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| 203 | + | and after receiving such indemnity as the County may require. 5 |
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| 204 | + | |
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| 205 | + | SECTION 8. AND BE IT FURTHER ENACTED, That any and all obligations issued 6 |
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| 206 | + | pursuant to the authority of this Act, their transfer, the interest payable thereon, and any 7 |
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| 207 | + | income derived therefrom in the hands of the holders thereof from time to time (including 8 |
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| 208 | + | any profit made in the sale thereof) shall be and are hereby declared to be at all times 9 |
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| 209 | + | exempt from State, county, municipal, or other taxation of every kind and nature 10 |
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| 210 | + | whatsoever within the State of Maryland. Nothing in this Act shall prevent the County 11 |
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| 211 | + | from authorizing the issuance and sale of bonds the interest on which is not excludable 12 |
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| 212 | + | from gross income for federal income tax purposes. 13 |
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| 213 | + | |
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| 214 | + | SECTION 9. AND BE IT FURTHER ENACTED, That the authority to borrow 14 |
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| 215 | + | money and issue bonds conferred on the County by this Act shall be deemed to provide an 15 |
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| 216 | + | additional and alternative authority for borrowing money and shall be regarded as 16 |
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| 217 | + | supplemental and additional to powers conferred upon the County by other laws and shall 17 |
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| 218 | + | not be regarded as in derogation of any power now existing; and all Acts of the General 18 |
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| 219 | + | Assembly of Maryland heretofore passed authorizing the County to borrow money are 19 |
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| 220 | + | hereby continued to the extent that the powers contained in such Acts have not been 20 |
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| 221 | + | exercised, and nothing contained in this Act may be construed to impair, in any way, the 21 |
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| 222 | + | validity of any bonds that may have been issued by the County under the authority of any 22 |
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| 223 | + | said Acts, and the validity of the bonds is hereby ratified, confirmed, and approved. This 23 |
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| 224 | + | Act, being necessary for the welfare of the inhabitants of Calvert County, shall be liberally 24 |
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| 225 | + | construed to effect the purposes hereof. All Acts and parts of Acts inconsistent with the 25 |
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| 226 | + | provisions of this Act are hereby repealed to the extent of such inconsistency. 26 |
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| 227 | + | |
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| 228 | + | SECTION 10. AND BE IT FURTHER ENACTED, That this Act shall take effect 27 |
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| 229 | + | June 1, 2022. 28 |
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| 230 | + | |
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| 231 | + | |
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| 232 | + | |
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| 233 | + | |
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| 234 | + | |
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| 235 | + | |
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| 236 | + | Approved: |
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| 237 | + | ________________________________________________________________________________ |
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| 238 | + | Governor. |
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| 239 | + | ________________________________________________________________________________ |
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| 240 | + | Speaker of the House of Delegates. |
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| 241 | + | ________________________________________________________________________________ |
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| 242 | + | President of the Senate. |
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