Old | New | Differences | |
---|---|---|---|
1 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 717 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 717 | |
5 | - | (Senate Bill 557) | |
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 | + | *sb0557* | |
8 | 9 | ||
9 | - | Baltimore County – West Baltimore County Redevelopment Authority | |
10 | + | SENATE BILL 557 | |
11 | + | L2 2lr1161 | |
12 | + | CF HB 1427 | |
13 | + | By: Senators Sydnor and Kelley | |
14 | + | Introduced and read first time: January 31, 2022 | |
15 | + | Assigned to: Finance | |
16 | + | Committee Report: Favorable with amendments | |
17 | + | Senate action: Adopted | |
18 | + | Read second time: March 7, 2022 | |
10 | 19 | ||
11 | - | FOR the purpose of authorizing Baltimore County to exercise powers to acquire, develop or | |
12 | - | redevelop, and dispose of certain land or property located in West Baltimore County | |
13 | - | for residential, commercial, or industrial purposes; authorizing the County | |
14 | - | Executive and County Council of Baltimore County to establish, by law, the West | |
15 | - | Baltimore County Redevelopment Authority and to delegate certain powers to the | |
16 | - | Authority to acquire, develop, redevelop, or dispose of certain land or property | |
17 | - | located in West Baltimore County for certain purposes; authorizing the Authority to | |
18 | - | make certain recommendations to the county; authorizing the Authority to issue | |
19 | - | certain bonds and other evidences of indebtedness and authorizing the county to | |
20 | - | guarantee these obligations; establishing certain penalties for violations of the | |
21 | - | regulations of the Authority; and generally relating to the West Baltimore County | |
22 | - | Redevelopment Authority. | |
20 | + | CHAPTER ______ | |
23 | 21 | ||
24 | - | BY adding to | |
25 | - | Article – Economic Development | |
26 | - | Section 12–801 through 12–815 to be under the new subtitle “Subtitle 8. Baltimore | |
27 | - | County – West Baltimore County Redevelopment Authority” | |
28 | - | Annotated Code of Maryland | |
29 | - | (2018 Replacement Volume and 2021 Supplement) | |
22 | + | AN ACT concerning 1 | |
30 | 23 | ||
31 | - | ||
24 | + | Baltimore County – West Baltimore County Redevelopment Authority 2 | |
32 | 25 | ||
33 | - | WHEREAS, There exist within Baltimore County a number of areas in need of | |
34 | - | residential, commercial, or industrial development or redevelopment in furtherance of the | |
35 | - | public interest; and | |
26 | + | FOR the purpose of authorizing Baltimore County to exercise powers to acquire, develop or 3 | |
27 | + | redevelop, and dispose of certain land or property located in West Baltimore County 4 | |
28 | + | for residential, commercial, or industrial purposes; authorizing the County 5 | |
29 | + | Executive and County Council of Baltimore County to establish, by law, the West 6 | |
30 | + | Baltimore County Redevelopment Authority and to delegate certain powers to the 7 | |
31 | + | Authority to acquire, develop, redevelop, or dispose of certain land or property 8 | |
32 | + | located in West Baltimore County for certain purposes; authorizing the Authority to 9 | |
33 | + | make certain recommendations to the county; authorizing the Authority to issue 10 | |
34 | + | certain bonds and other evidences of indebtedness and authorizing the county to 11 | |
35 | + | guarantee these obligations; establishing certain penalties for violations of the 12 | |
36 | + | regulations of the Authority; and generally relating to the West Baltimore County 13 | |
37 | + | Redevelopment Authority. 14 | |
36 | 38 | ||
37 | - | WHEREAS, Those areas include both areas that are considered slum or blighted | |
38 | - | areas, and areas that are not subject to deteriorated or deteriorating conditions, but which | |
39 | - | are in need of development or redevelopment for the public benefit; and | |
39 | + | BY adding to 15 | |
40 | + | Article – Economic Development 16 | |
41 | + | Section 12–801 through 12–815 to be under the new subtitle “Subtitle 8. Baltimore 17 | |
42 | + | County – West Baltimore County Redevelopment Authority” 18 | |
43 | + | Annotated Code of Maryland 19 | |
44 | + | (2018 Replacement Volume and 2021 Supplement) 20 | |
40 | 45 | ||
41 | - | WHEREAS, In order to revitalize these areas of the county it is necessary that the | |
42 | - | county be authorized to acquire, by any legal means, including by exercise of the power of | |
43 | - | eminent domain, land or property for residential, commercial, or industrial development or | |
44 | - | redevelopment, to develop or redevelop land or property for residential, commercial, or | |
45 | - | industrial purposes, and to dispose of land or property for residential, commercial, or | |
46 | - | industrial development or redevelopment under certain circumstances; and | |
46 | + | Preamble 21 | |
47 | + | 2 SENATE BILL 557 | |
47 | 48 | ||
48 | - | WHEREAS, In order to revitalize these areas of the county it also is necessary that | |
49 | - | the county have the power to establish a separate authority whose purpose will be to Ch. 717 2022 LAWS OF MARYLAND | |
50 | 49 | ||
51 | - | ||
52 | - | ||
53 | - | ||
50 | + | WHEREAS, There exist within Baltimore County a number of areas in need of 1 | |
51 | + | residential, commercial, or industrial development or redevelopment in furtherance of the 2 | |
52 | + | public interest; and 3 | |
54 | 53 | ||
55 | - | WHEREAS, In order to accomplish the purposes of this subtitle it is necessary to | |
56 | - | authorize the county to delegate to such separate authority the authority to acquire, by any | |
57 | - | legal means, including by exercise of the power of eminent domain, land or property for | |
58 | - | residential, commercial, or industrial development or redevelopment, to develop or | |
59 | - | redevelop land or property for residential, commercial, or industrial purposes, and to | |
60 | - | dispose of land or property for residential, commercial, or industrial development or | |
61 | - | redevelopment under certain circumstances; and | |
54 | + | WHEREAS, Those areas include both areas that are considered slum or blighted 4 | |
55 | + | areas, and areas that are not subject to deteriorated or deteriorating conditions, but which 5 | |
56 | + | are in need of development or redevelopment for the public benefit; and 6 | |
62 | 57 | ||
63 | - | WHEREAS, The revitalization of areas within the county in need of residential, | |
64 | - | commercial, or industrial development or redevelopment is an essential governmental | |
65 | - | function, and is a public use which will confer a public benefit on the citizens of the county | |
66 | - | by relieving conditions of unemployment, encouraging the increase of industry and | |
67 | - | commerce and a balanced economy, assisting in the retention of existing industry and | |
68 | - | commerce and in the attracting of new industry and commerce, promoting economic | |
69 | - | development and growth, and generally promoting the health, welfare, and safety of the | |
70 | - | residents of the county; and | |
58 | + | WHEREAS, In order to revitalize these areas of the county it is necessary that the 7 | |
59 | + | county be authorized to acquire, by any legal means, including by exercise of the power of 8 | |
60 | + | eminent domain, land or property for residential, commercial, or industrial development or 9 | |
61 | + | redevelopment, to develop or redevelop land or property for residential, commercial, or 10 | |
62 | + | industrial purposes, and to dispose of land or property for residential, commercial, or 11 | |
63 | + | industrial development or redevelopment under certain circumstances; and 12 | |
71 | 64 | ||
72 | - | WHEREAS, | |
73 | - | ||
74 | - | ||
75 | - | ||
65 | + | WHEREAS, In order to revitalize these areas of the county it also is necessary that 13 | |
66 | + | the county have the power to establish a separate authority whose purpose will be to 14 | |
67 | + | facilitate land or property acquisition, development or redevelopment, and disposition for 15 | |
68 | + | residential, commercial, and industrial purposes in furtherance of the public interest; and 16 | |
76 | 69 | ||
77 | - | WHEREAS, The powers granted pursuant to this subtitle shall be regarded as | |
78 | - | supplemental and additional to powers conferred by other laws, and may not be regarded | |
79 | - | as in derogation of any powers now existing; and | |
70 | + | WHEREAS, In order to accomplish the purposes of this subtitle it is necessary to 17 | |
71 | + | authorize the county to delegate to such separate authority the authority to acquire, by any 18 | |
72 | + | legal means, including by exercise of the power of eminent domain, land or property for 19 | |
73 | + | residential, commercial, or industrial development or redevelopment, to develop or 20 | |
74 | + | redevelop land or property for residential, commercial, or industrial purposes, and to 21 | |
75 | + | dispose of land or property for residential, commercial, or industrial development or 22 | |
76 | + | redevelopment under certain circumstances; and 23 | |
80 | 77 | ||
81 | - | WHEREAS, This subtitle is necessary for the revitalization of Baltimore County and | |
82 | - | the public interest of its citizens and shall be liberally construed to effect its purpose; and | |
78 | + | WHEREAS, The revitalization of areas within the county in need of residential, 24 | |
79 | + | commercial, or industrial development or redevelopment is an essential governmental 25 | |
80 | + | function, and is a public use which will confer a public benefit on the citizens of the county 26 | |
81 | + | by relieving conditions of unemployment, encouraging the increase of industry and 27 | |
82 | + | commerce and a balanced economy, assisting in the retention of existing industry and 28 | |
83 | + | commerce and in the attracting of new industry and commerce, promoting econo mic 29 | |
84 | + | development and growth, and generally promoting the health, welfare, and safety of the 30 | |
85 | + | residents of the county; and 31 | |
83 | 86 | ||
84 | - | WHEREAS, The necessity in the public interest for the provisions hereinafter | |
85 | - | enacted is hereby declared as a matter of legislative determination; now, therefore, | |
87 | + | WHEREAS, The exercise by the county or the authority which the county is 32 | |
88 | + | authorized to establish of the power of eminent domain in accordance with this subtitle in 33 | |
89 | + | order to provide an impetus which private enterprise cannot provide is hereby declared to 34 | |
90 | + | be for a public use; and 35 | |
86 | 91 | ||
87 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
88 | - | That the Laws of Maryland read as follows: | |
92 | + | WHEREAS, The powers granted pursuant to this subtitle shall be regarded as 36 | |
93 | + | supplemental and additional to powers conferred by other laws, and may not be regarded 37 | |
94 | + | as in derogation of any powers now existing; and 38 | |
95 | + | SENATE BILL 557 3 | |
89 | 96 | ||
90 | - | Article – Economic Development | |
91 | 97 | ||
92 | - | SUBTITLE | |
93 | - | ||
98 | + | WHEREAS, This subtitle is necessary for the revitalization of Baltimore County and 1 | |
99 | + | the public interest of its citizens and shall be liberally construed to effect its purpose; and 2 | |
94 | 100 | ||
95 | - | ||
96 | - | ||
101 | + | WHEREAS, The necessity in the public interest for the provisions hereinafter 3 | |
102 | + | enacted is hereby declared as a matter of legislative determination; now, therefore, 4 | |
97 | 103 | ||
98 | - | – 3 – | |
99 | - | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS | |
100 | - | INDICATED. | |
104 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5 | |
105 | + | That the Laws of Maryland read as follows: 6 | |
101 | 106 | ||
102 | - | (B) “AUTHORITY” MEANS THE WEST BALTIMORE COUNTY | |
103 | - | REDEVELOPMENT AUTHORITY ESTABLISHED UNDER THIS SUBTITLE . | |
107 | + | Article – Economic Development 7 | |
104 | 108 | ||
105 | - | (C) “BOND” OR “BONDS” MEANS REVENUE BONDS OR NOTES, INCLUDING | |
106 | - | BOND ANTICIPATION NO TES AND NOTES IN THE NATURE OF COMMERCIAL PAPER, | |
107 | - | OR OTHER INSTRUMENTS , CERTIFICATES, OR EVIDENC ES OF OBLIGATION ISS UED | |
108 | - | AND SOLD OR OFFERED FOR SALE BY THE REDE VELOPMENT AUTHORITY , | |
109 | - | INCLUDING REFUNDING OBLIGATIONS. | |
109 | + | SUBTITLE 8. BALTIMORE COUNTY – WEST BALTIMORE COUNTY REDEVELOPMENT 8 | |
110 | + | AUTHORITY. 9 | |
110 | 111 | ||
111 | - | ||
112 | + | 12–801. 10 | |
112 | 113 | ||
113 | - | (1) ALL LAND, PROPERTY, RIGHTS, EASEMENTS, FRANCHISES, AND | |
114 | - | LICENSES OR INTEREST S THEREIN DEEMED NEC ESSARY FOR ANY UNDER TAKING | |
115 | - | AUTHORIZED BY THIS S UBTITLE; | |
114 | + | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 11 | |
115 | + | INDICATED. 12 | |
116 | 116 | ||
117 | - | ( | |
118 | - | ||
117 | + | (B) “AUTHORITY” MEANS THE WEST BALTIMORE COUNTY 13 | |
118 | + | REDEVELOPMENT AUTHORITY ESTABLISHED UNDER THIS SUBTITLE . 14 | |
119 | 119 | ||
120 | - | (3) FINANCING CHARGES ; | |
120 | + | (C) “BOND” OR “BONDS” MEANS REVENUE BONDS OR NOTES, INCLUDING 15 | |
121 | + | BOND ANTICIPATION NO TES AND NOTES IN THE NATURE OF COMMERCIAL PAPER, 16 | |
122 | + | OR OTHER INSTRUMENTS , CERTIFICATES, OR EVIDENCES OF OBLI GATION ISSUED 17 | |
123 | + | AND SOLD OR OFFERED FOR SALE BY THE REDE VELOPMENT AUTHORITY , 18 | |
124 | + | INCLUDING REFUNDING OBLIGATIONS. 19 | |
121 | 125 | ||
122 | - | ( | |
126 | + | (D) “COST” MEANS THE COST OR EX PENSE ASSOCIATED WIT H: 20 | |
123 | 127 | ||
124 | - | (5) INTEREST PRIOR TO AN D DURING CONSTRUCTIO N AND FOR A | |
125 | - | REASONABLE PERIOD AF TER COMPLETION OF CO NSTRUCTION ; | |
128 | + | (1) ALL LAND, PROPERTY, RIGHTS, EASEMENTS, FRANCHISES, AND 21 | |
129 | + | LICENSES OR INTERESTS THEREIN DEEMED NECESSARY FOR ANY UNDERTAKING 22 | |
130 | + | AUTHORIZED BY THIS S UBTITLE; 23 | |
126 | 131 | ||
127 | - | (6) ENGINEERING , ARCHITECTURAL , AND LEGAL SERVICES ; | |
132 | + | (2) ALL LABOR , MATERIALS, MACHINERY, FURNISHINGS, AND 24 | |
133 | + | EQUIPMENT; 25 | |
128 | 134 | ||
129 | - | (7) PLANS, SPECIFICATIONS , SURVEYS, ESTIMATES OF COSTS A ND OF | |
130 | - | REVENUES, AND OTHER EXPENSES N ECESSARY OR INCIDENT TO DETERMINING THE | |
131 | - | FEASIBILITY OR PRACTICALITY OF ANY LAND OR PROPE RTY ACQUISITION OR A NY | |
132 | - | DEVELOPMENT OR REDEV ELOPMENT PROJECT ; | |
135 | + | (3) FINANCING CHARGES ; 26 | |
133 | 136 | ||
134 | - | ( | |
137 | + | (4) ESTABLISHMENT OF RES ERVES; 27 | |
135 | 138 | ||
136 | - | ( | |
137 | - | ||
139 | + | (5) INTEREST PRIOR TO AN D DURING CONSTRUCTION AND FOR A 28 | |
140 | + | REASONABLE PERIOD AF TER COMPLETION OF CO NSTRUCTION; 29 | |
138 | 141 | ||
139 | - | ( | |
142 | + | (6) ENGINEERING , ARCHITECTURAL , AND LEGAL SERVICES ; 30 4 SENATE BILL 557 | |
140 | 143 | ||
141 | - | (11) OTHER EXPENSES AS MA Y BE NECESSARY OR IN CIDENTAL TO THE | |
142 | - | ACQUISITION OF LAND OR PROPERTY, OR THE DEVELOPMENT O R REDEVELOPMENT , Ch. 717 2022 LAWS OF MARYLAND | |
143 | 144 | ||
144 | - | – 4 – | |
145 | - | INCLUDING THE COMPRE HENSIVE RENOVATION O R REHABILITATION , OF LAND OR | |
146 | - | PROPERTY IN ACCORDAN CE WITH THIS SUBTITLE. | |
147 | 145 | ||
148 | - | (E) “COUNTY” MEANS BALTIMORE COUNTY. | |
146 | + | (7) PLANS, SPECIFICATIONS , SURVEYS, ESTIMATES OF COSTS A ND OF 1 | |
147 | + | REVENUES, AND OTHER EXPENSES N ECESSARY OR INCIDENT TO DETERMI NING THE 2 | |
148 | + | FEASIBILITY OR PRACT ICALITY OF ANY LAND OR PROPERTY ACQUISIT ION OR ANY 3 | |
149 | + | DEVELOPMENT OR REDEV ELOPMENT PROJECT ; 4 | |
149 | 150 | ||
150 | - | (F) “WEST BALTIMORE COUNTY” MEANS THE GEOGRAPHIC AREA OF | |
151 | - | BALTIMORE COUNTY WITHIN THE BOU NDARY LINE OF LIBERTY ROAD IN THE | |
152 | - | NORTH, BALTIMORE NATIONAL PIKE IN THE SOUTH, ROLLING ROAD IN THE WEST, | |
153 | - | AND THE LINE BETWEEN BALTIMORE COUNTY AND BALTIMORE CITY IN THE EAST, | |
154 | - | ALONG WITH ALL CONTI GUOUS PARCELS FOR ON E BLOCK, EXCEPT AT THE | |
155 | - | BOUNDARY LINE BETWEE N BALTIMORE COUNTY AND BALTIMORE CITY. | |
151 | + | (8) ADMINISTRATIVE EXPEN SES; 5 | |
156 | 152 | ||
157 | - | 12–802. | |
153 | + | (9) LETTERS OR LINES OF CREDIT, MUNICIPAL BOND INSUR ANCE, OR 6 | |
154 | + | ANY OTHER FORM OF FI NANCIAL GUARANTY OR SURETY; 7 | |
158 | 155 | ||
159 | - | | |
156 | + | (10) WORKING CAPITAL ; AND 8 | |
160 | 157 | ||
161 | - | 12–803. | |
158 | + | (11) OTHER EXPENSES AS MA Y BE NECESSARY OR IN CIDENTAL TO THE 9 | |
159 | + | ACQUISITION OF LAND OR PROPERTY , OR THE DEVELOPMENT O R REDEVELOPMENT , 10 | |
160 | + | INCLUDING THE COMPRE HENSIVE RENOVATION O R REHABILITATION , OF LAND OR 11 | |
161 | + | PROPERTY IN ACCORDANCE WITH THIS SUBTITLE. 12 | |
162 | 162 | ||
163 | - | (A) IN ADDITION TO POWERS G RANTED BY LAW , THE COUNTY IS | |
164 | - | AUTHORIZED , AS SPECIFIED BY LOCA L LAW: | |
163 | + | (E) “COUNTY” MEANS BALTIMORE COUNTY. 13 | |
165 | 164 | ||
166 | - | ( | |
167 | - | COUNTY | |
168 | - | ||
169 | - | ||
170 | - | ||
171 | - | ||
165 | + | (F) “WEST BALTIMORE COUNTY” MEANS THE GEOGRAPHIC AREA OF 14 | |
166 | + | BALTIMORE COUNTY WITHIN THE BOU NDARY LINE OF LIBERTY ROAD IN THE 15 | |
167 | + | NORTH, BALTIMORE NATIONAL PIKE IN THE SOUTH, ROLLING ROAD IN THE WEST, 16 | |
168 | + | AND THE LINE BETWEEN BALTIMORE COUNTY AND BALTIMORE CITY IN THE EAST, 17 | |
169 | + | ALONG WITH ALL CONTI GUOUS PARCELS FOR ON E BLOCK, EXCEPT AT THE 18 | |
170 | + | BOUNDARY LINE BETWEE N BALTIMORE COUNTY AND BALTIMORE CITY. 19 | |
172 | 171 | ||
173 | - | (2) TO DEVELOP OR REDEVELOP, INCLUDING THE COMPRE HENSIVE | |
174 | - | RENOVATION OR REHABI LITATION OF, ANY LAND OR PROPERTY ACQUIRED BY ANY | |
175 | - | OF THE METHODS DESCR IBED UNDER ITEM (1) OF THIS SUBSECTION ; AND | |
172 | + | 12–802. 20 | |
176 | 173 | ||
177 | - | (3) TO SELL, LEASE, CONVEY, TRANSFER, OR OTHERWISE DISPOSE OF | |
178 | - | ANY OF THE LAND OR PROPERTY, REGARDLESS OF WHETHE R THE LAND OR | |
179 | - | PROPERTY HAS BEEN DE VELOPED, REDEVELOPED , ALTERED, OR IMPROVED AND | |
180 | - | IRRESPECTIVE OF THE MANNER OR MEANS IN O R BY WHICH THE LAND OR PROPERTY | |
181 | - | MAY HAVE BEEN ACQUIR ED, TO ANY PRIVATE , PUBLIC, OR QUASI–PUBLIC | |
182 | - | CORPORAT ION, PARTNERSHIP , ASSOCIATION, PERSON, OR OTHER LEGAL ENTIT Y | |
183 | - | FOR RESIDENTIAL , COMMERCIAL , OR INDUSTRIAL DEVELO PMENT OR | |
184 | - | REDEVELOPMENT , INCLUDING COMPREHENS IVE RENOVATION OR RE HABILITATION | |
185 | - | OF THE LAND OR PROPE RTY. | |
186 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 717 | |
174 | + | THIS SUBTITLE APPLIES ONLY IN BALTIMORE COUNTY. 21 | |
187 | 175 | ||
188 | - | – 5 – | |
189 | - | (B) LAND OR PROPERTY TAKE N BY THE COUNTY F OR ANY OF THE PURPOS ES | |
190 | - | DESCRIBED UNDER SUBS ECTION (A) OF THIS SECTION OR I N CONNECTION WITH TH E | |
191 | - | EXERCISE OF ANY OF T HE POWERS THAT MAY B E GRANTED TO THE COU NTY UNDER | |
192 | - | THIS SECTION , OR BY ANY POWERS CON FERRED BY ADDITIONAL LAWS BY | |
193 | - | EXERCISING THE POWER OF EMINENT DOMAIN , MAY NOT BE TAKEN WIT HOUT JUST | |
194 | - | COMPENSATION , AS AGREED ON BETWEEN THE PARTIES OR AWARD ED BY A JURY, | |
195 | - | BEING FIRST PAID OR TENDERED TO THE PART Y ENTITLED TO THAT | |
196 | - | COMPENSATION . | |
176 | + | 12–803. 22 | |
197 | 177 | ||
198 | - | (C) ALL LAND OR PROPERTY NEEDED, OR TAKEN BY THE EXER CISE OF THE | |
199 | - | POWER OF EMINENT DOM AIN, BY THE COUNTY FOR AN Y OF THE PURPOSES | |
200 | - | DESCRIBED UNDER SUBS ECTION (A) OF THIS SECTION OR I N CONNECTION WITH TH E | |
201 | - | EXERCISE OF ANY OF T HE POWERS THAT MAY B E GRANTED TO THE COU NTY UNDER | |
202 | - | THIS SECTION SHALL B E DEEMED TO BE NEEDE D OR TAKEN FOR A PUBLIC USE OR A | |
203 | - | PUBLIC BENEFIT . | |
178 | + | (A) IN ADDITION TO POWERS GRANTED BY LAW , THE COUNTY IS 23 | |
179 | + | AUTHORIZED , AS SPECIFIED BY LOCA L LAW: 24 | |
204 | 180 | ||
205 | - | (D) LAND OR PROPERTY OWNE D BY THE FEDERAL GOV ERNMENT, THE | |
206 | - | STATE, OR A LOCAL GOVERNMEN T, OR AN AGENCY OF THE FEDERAL GOVERNMENT , | |
207 | - | THE STATE, OR A LOCAL GOVERNMEN T, MAY NOT BE ACQUIRED BY THE COUNTY BY | |
208 | - | EXERCISE OF THE POWER OF EMINENT DOM AIN WITHOUT THE PRIO R CONSENT OF | |
209 | - | THE GOVERNMENT OR AG ENCY THAT OWNS THE L AND OR PROPERTY . | |
181 | + | (1) TO ACQUIRE, WITHIN THE BOUNDARY LINES OF WEST BALTIMORE 25 | |
182 | + | COUNTY, LAND AND PROPERTY OF EVERY KIND, AND ANY RIGHT , INTEREST, 26 | |
183 | + | FRANCHISE, EASEMENT, OR PRIVILEGE IN THE PROPERTY, BY PURCHASE , LEASE, 27 | |
184 | + | GIFT, CONDEMNATION , OR ANY OTHER LEGAL M EANS, FOR RESIDENTIAL , 28 | |
185 | + | COMMERCIAL , OR INDUSTRIAL DEVELO PMENT OR REDEVELOPME NT, INCLUDING 29 | |
186 | + | COMPREHENSIVE RENOVA TION OR REHABILITATI ON OF THE LAND OR PR OPERTY; 30 | |
187 | + | SENATE BILL 557 5 | |
210 | 188 | ||
211 | - | 12–804. | |
212 | 189 | ||
213 | - | ( | |
214 | - | ||
215 | - | ||
190 | + | (2) TO DEVELOP OR REDEVE LOP, INCLUDING THE COMPRE HENSIVE 1 | |
191 | + | RENOVATION OR REHABI LITATION OF, ANY LAND OR PROPERTY ACQUIRED BY ANY 2 | |
192 | + | OF THE METHODS DESCR IBED UNDER ITEM (1) OF THIS SUBSECTION ; AND 3 | |
216 | 193 | ||
217 | - | (B) THE AUTHORITY SHALL BE CR EATED WHEN THE COUNT Y: | |
194 | + | (3) TO SELL, LEASE, CONVEY, TRANSFER, OR OTHERWISE DISPOSE OF 4 | |
195 | + | ANY OF THE LAND OR PRO PERTY, REGARDLESS OF WHETHE R THE LAND OR 5 | |
196 | + | PROPERTY HAS BEEN DE VELOPED, REDEVELOPED , ALTERED, OR IMPROVED AND 6 | |
197 | + | IRRESPECTIVE OF THE MANNER OR MEANS IN O R BY WHICH THE LAND OR PROPERTY 7 | |
198 | + | MAY HAVE BEEN ACQUIR ED, TO ANY PRIVATE , PUBLIC, OR QUASI–PUBLIC 8 | |
199 | + | CORPORATION , PARTNERSHIP , ASSOCIATION, PERSON, OR OTHER LEGAL ENTIT Y 9 | |
200 | + | FOR RESIDENTIAL , COMMERCIAL , OR INDUSTRIAL DEVELO PMENT OR 10 | |
201 | + | REDEVELOPMENT , INCLUDING COMPREHENS IVE RENOVATION OR RE HABILITATION 11 | |
202 | + | OF THE LAND OR PROPE RTY. 12 | |
218 | 203 | ||
219 | - | (1) ENACTS LOCAL LAWS PR OVIDING AND CONSTITU TING THE TERMS | |
220 | - | OF THE CHARTER FOR T HE AUTHORITY; AND | |
204 | + | (B) LAND OR PROPERTY TAKE N BY THE COUNTY FOR AN Y OF THE PURPOSES 13 | |
205 | + | DESCRIBED UNDER SUBS ECTION (A) OF THIS SECTION OR I N CONNECTION WITH TH E 14 | |
206 | + | EXERCISE OF ANY OF T HE POWERS THAT MAY B E GRANTED TO THE COU NTY UNDER 15 | |
207 | + | THIS SECTION , OR BY ANY POWERS CON FERRED BY ADDITIONAL LAWS BY 16 | |
208 | + | EXERCISING THE POWER OF EMINENT DOMAIN, MAY NOT BE TAKEN WIT HOUT JUST 17 | |
209 | + | COMPENSATION , AS AGREED ON BETWEEN THE PARTIES OR AWARD ED BY A JURY, 18 | |
210 | + | BEING FIRST PAID OR TENDERED TO THE PART Y ENTITLED TO THAT 19 | |
211 | + | COMPENSATION . 20 | |
221 | 212 | ||
222 | - | (2) FILES THE CHARTER WI TH: | |
213 | + | (C) ALL LAND OR PROPERTY NEEDED, OR TAKEN BY THE EXERCISE OF THE 21 | |
214 | + | POWER OF EMINENT DOM AIN, BY THE COUNTY FOR AN Y OF THE PURPOSES 22 | |
215 | + | DESCRIBED UNDER SUBS ECTION (A) OF THIS SECTION OR I N CONNECTION WITH TH E 23 | |
216 | + | EXERCISE OF ANY OF T HE POWERS THAT MAY B E GRANTED TO THE COU NTY UNDER 24 | |
217 | + | THIS SECTION SHALL B E DEEMED TO BE NEEDED OR TAKEN FOR A PUBLIC USE OR A 25 | |
218 | + | PUBLIC BENEFIT . 26 | |
223 | 219 | ||
224 | - | (I) THE STATE DEPARTMENT OF ASSESSMENTS AND | |
225 | - | TAXATION; | |
220 | + | (D) LAND OR PROPERTY OWNE D BY THE FEDERAL GOV ERNMENT, THE 27 | |
221 | + | STATE, OR A LOCAL GOVERNMEN T, OR AN AGENCY OF THE FEDERAL GOVERNMENT , 28 | |
222 | + | THE STATE, OR A LOCAL GOVERNMEN T, MAY NOT BE ACQUIRED BY THE COUNTY BY 29 | |
223 | + | EXERCISE OF THE POWE R OF EMINENT DOMAIN WITHOUT THE PRIOR CO NSENT OF 30 | |
224 | + | THE GOVERNMENT OR AG ENCY THAT OWNS THE L AND OR PROPERTY . 31 | |
226 | 225 | ||
227 | - | ||
226 | + | 12–804. 32 | |
228 | 227 | ||
229 | - | (III) THE SECRETARY OF STATE. | |
228 | + | (A) THE COUNTY MAY ESTABL ISH, BY LAW, A BODY CORPORATE AND 33 | |
229 | + | POLITIC AND AN INSTR UMENTALITY OF THE CO UNTY TO BE KNOWN AS THE “WEST 34 | |
230 | + | BALTIMORE COUNTY REDEVELOPMENT AUTHORITY”. 35 | |
230 | 231 | ||
231 | - | ( | |
232 | - | ||
232 | + | (B) THE AUTHORITY SHALL BE CR EATED WHEN THE COUNT Y: 36 | |
233 | + | 6 SENATE BILL 557 | |
233 | 234 | ||
234 | - | – 6 – | |
235 | 235 | ||
236 | - | (1) AMEND THE AUTHORITY’S CHARTER THROUGH LO CAL LAW IF THE | |
237 | - | AMENDMENTS ARE FILED WITH THE STATE DEPARTMENT OF ASSESSMENTS AND | |
238 | - | TAXATION, THE DEPARTMENT OF LEGISLATIVE SERVICES, AND THE SECRETARY OF | |
239 | - | STATE; | |
236 | + | (1) ENACTS LOCAL LAWS PR OVIDING AND CONSTITU TING THE TERMS 1 | |
237 | + | OF THE CHARTER FOR T HE AUTHORITY; AND 2 | |
240 | 238 | ||
241 | - | (2) ALTER THE STRUCTURE , ORGANIZATION , PROGRAM, POWERS, OR | |
242 | - | ACTIVITY OF THE AUTHORITY, UNLESS THE ALTERATIO N WOULD IMPAIR THE | |
243 | - | AUTHORITY’S OBLIGATIONS UNDER A CONTRACT OR AN AGR EEMENT THAT THE | |
244 | - | AUTHORITY ENTERED INT O BEFORE THE ALTERAT ION; AND | |
239 | + | (2) FILES THE CHARTER WI TH: 3 | |
245 | 240 | ||
246 | - | (3) TERMINATE THE AUTHORITY, UNLESS THE TERMINATI ON WOULD | |
247 | - | IMPAIR THE AUTHORITY’S OBLIGATIONS UNDER A CONTRACT OR AN AGR EEMENT | |
248 | - | THAT THE AUTHORITY ENTERED INT O BEFORE TERMINATION . | |
241 | + | (I) THE STATE DEPARTMENT OF ASSESSMENTS AND 4 | |
242 | + | TAXATION; 5 | |
249 | 243 | ||
250 | - | ( | |
244 | + | (II) THE DEPARTMENT OF LEGISLATIVE SERVICES; AND 6 | |
251 | 245 | ||
252 | - | (1) EACH MEMBER OF THE SENATE OF MARYLAND WHOSE | |
253 | - | LEGISLATIVE DISTRICT INCLUDES A PORTION O F WEST BALTIMORE COUNTY; | |
246 | + | (III) THE SECRETARY OF STATE. 7 | |
254 | 247 | ||
255 | - | (2) ONE MEMBER OF THE HOUSE OF DELEGATES FROM EACH | |
256 | - | LEGISLATIVE DISTRICT THAT INCLUDES A PORT ION OF WEST BALTIMORE COUNTY, | |
257 | - | DESIGNATED BY THE SPEAKER OF THE HOUSE; | |
248 | + | (C) ON THE ADVICE OF THE AUTHORITY MEMBERS DES CRIBED UNDER 8 | |
249 | + | SUBSECTION(D)(1) THROUGH (5) OF THIS SECTION, THE COUNTY MAY : 9 | |
258 | 250 | ||
259 | - | (3) EACH COUNCIL PERSON WHOSE DISTRICT INCLU DES A PORTION | |
260 | - | OF WEST BALTIMORE COUNTY; | |
251 | + | (1) AMEND THE AUTHORITY’S CHARTER THROUGH LO CAL LAW IF THE 10 | |
252 | + | AMENDMENTS ARE FILED WITH THE STATE DEPARTMENT OF ASSESSMENTS AND 11 | |
253 | + | TAXATION, THE DEPARTMENT OF LEGISLATIVE SERVICES, AND THE SECRETARY OF 12 | |
254 | + | STATE; 13 | |
261 | 255 | ||
262 | - | (4) THE COUNTY ADMINISTR ATIVE OFFICER; | |
256 | + | (2) ALTER THE STRUCTURE , ORGANIZATION , PROGRAM, POWERS, OR 14 | |
257 | + | ACTIVITY OF THE AUTHORITY, UNLESS THE ALTERATIO N WOULD IMPAIR THE 15 | |
258 | + | AUTHORITY’S OBLIGATIONS UNDER A CONTRACT OR AN AGR EEMENT THAT THE 16 | |
259 | + | AUTHORITY ENTERED INT O BEFORE THE ALTERAT ION; AND 17 | |
263 | 260 | ||
264 | - | (5) ONE MEMBER APPOINTED BY THE COUNTY EXECUTIVE OF | |
265 | - | BALTIMORE COUNTY; AND | |
261 | + | (3) TERMINATE THE AUTHORITY, UNLESS THE TERMINATI ON WOULD 18 | |
262 | + | IMPAIR THE AUTHORITY’S OBLIGATIONS UNDER A CONTRACT OR AN AGR EEMENT 19 | |
263 | + | THAT THE AUTHORITY ENTERED INT O BEFORE TERMINATION . 20 | |
266 | 264 | ||
267 | - | (6) ELEVEN MEMBERS APPOI NTED BY THE COUNTY FROM A SLATE O F | |
268 | - | INDIVIDUALS PREPARED BY THE AUTHORITY MEMBERS DES CRIBED UNDER ITEMS | |
269 | - | (1) THROUGH (5) OF THIS SUBSECTION . | |
265 | + | (D) THE AUTHORITY SHALL CONSI ST OF THE FOLLOWING MEMBERS: 21 | |
270 | 266 | ||
271 | - | (E) THE SLATE OF INDIVIDU ALS DESCRIBED UNDER SUBSECTION(D)(6) OF | |
272 | - | THIS SECTION SHALL B E DECIDED BY A MAJORITY VOTE O F THE AUTHORITY | |
273 | - | MEMBERS DESCRIBED UN DER SUBSECTION (D)(1) THROUGH (5) OF THIS SECTION. | |
267 | + | (1) EACH MEMBER OF THE SENATE OF MARYLAND WHOSE 22 | |
268 | + | LEGISLATIVE DISTRICT INCLUDES A PORTION OF WEST BALTIMORE COUNTY; 23 | |
274 | 269 | ||
275 | - | 12–805. | |
276 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 717 | |
270 | + | (2) ONE MEMBER OF THE HOUSE OF DELEGATES FROM EACH 24 | |
271 | + | LEGISLATIVE DISTRICT THAT INCLUDES A PORT ION OF WEST BALTIMORE COUNTY, 25 | |
272 | + | DESIGNATED BY THE SPEAKER OF THE HOUSE; 26 | |
277 | 273 | ||
278 | - | – 7 – | |
279 | - | (A) SUBJECT TO § 12–804(D) OF THIS SUBTITLE, THE NUMBER , RESIDENCY | |
280 | - | REQUIREMENTS , MEANS OF APPOINTMENT AND REMOVAL , QUALIFICATIONS , AND | |
281 | - | TERMS OF OFFICE OF THE MEMBERS OF THE AUTHORITY SHALL BE AS SPECIFIED | |
282 | - | BY THE COUNTY AND BA SED ON THE RECOMMEND ATION OF THE AUTHORITY | |
283 | - | MEMBERS DESCRIBED UN DER § 12–804(D)(1) THROUGH (5) OF THIS SUBTITLE . | |
274 | + | (3) EACH COUNCIL PERSON WHOSE DISTRICT INCLU DES A PORTION 27 | |
275 | + | OF WEST BALTIMORE COUNTY; 28 | |
284 | 276 | ||
285 | - | ( | |
286 | - | ||
277 | + | (4) THE COUNTY ADMINISTR ATIVE OFFICER; 29 | |
278 | + | SENATE BILL 557 7 | |
287 | 279 | ||
288 | - | (C) THE EXERCISE OF ALL P OWERS, AUTHORITY, RIGHTS, AND | |
289 | - | OBLIGATIONS OF THE AUTHORITY SHALL BE AS SPECIFIED BY THIS SU BTITLE AND | |
290 | - | LOCAL LAW. | |
291 | 280 | ||
292 | - | (D) AN ACT OF THE AUTHORITY MAY NOT BE CHALLENGED ON THE BASIS OF | |
293 | - | THE ABSENCE OF QUALI FICATIONS OF A MEMBE R OF THE AUTHORITY IF THE | |
294 | - | MEMBER: | |
281 | + | (5) ONE MEMBER APPOINTED BY THE COUNTY EXECUTIVE OF 1 | |
282 | + | BALTIMORE COUNTY; AND 2 | |
295 | 283 | ||
296 | - | (1) HAS BEEN APPOINTED B Y THE APPROPRIATE AU THORITY | |
297 | - | DESIGNATED BY LOCAL LAW; AND | |
284 | + | (6) ELEVEN MEMBERS APPOI NTED BY THE COUNTY FROM A SLATE O F 3 | |
285 | + | INDIVIDUALS PREPARED BY THE AUTHORITY MEMBERS DES CRIBED UNDER ITEMS 4 | |
286 | + | (1) THROUGH (5) OF THIS SUBSECTION . 5 | |
298 | 287 | ||
299 | - | (2) HAS TAKEN THE OATH O F OFFICE. | |
288 | + | (E) THE SLATE OF INDIVIDU ALS DESCRIBED UNDER SUBSECTION(D)(6) OF 6 | |
289 | + | THIS SECTION SHALL B E DECIDED BY A MAJORITY VOTE O F THE AUTHORITY 7 | |
290 | + | MEMBERS DESCRIBED UN DER SUBSECTION (D)(1) THROUGH (5) OF THIS SECTION. 8 | |
300 | 291 | ||
301 | - | 12– | |
292 | + | 12–805. 9 | |
302 | 293 | ||
303 | - | (A) EXCEPT AS PROVIDED IN SUBSECTION (E) (C) OF THIS SECTION , THE | |
304 | - | COUNTY IS AUTHORIZED , BY LAW, TO DELEGATE TO THE AUTHORITY ANY OR ALL OF | |
305 | - | THE POWERS GRANTED T O THE COUNTY UNDER § 12–803 OF THIS SUBTITLE . | |
294 | + | (A) SUBJECT TO § 12–804(D) OF THIS SUBTITLE , THE NUMBER , RESIDENCY 10 | |
295 | + | REQUIREMENTS , MEANS OF APPOINTMENT AND REMOVAL , QUALIFICATIONS , AND 11 | |
296 | + | TERMS OF OFFICE OF THE MEMBERS OF THE AUTHORITY SHALL BE AS SPECIFIED 12 | |
297 | + | BY THE COUNTY AND BA SED ON THE RECOMMEND ATION OF THE AUTHORITY 13 | |
298 | + | MEMBERS DESCRIBED UN DER § 12–804(D)(1) THROUGH (5) OF THIS SUBTITLE. 14 | |
306 | 299 | ||
307 | - | (B) LAND OR PROPERTY TAKE N BY THE AUTHORITY IN ACCORDAN CE WITH | |
308 | - | A DELEGATION OF AUTHORITY FROM THE C OUNTY BY EXERCISE OF THE POWER OF | |
309 | - | EMINENT DOMAIN MAY N OT BE TAKEN WITHOUT JUST COMPENSATION , AS AGREED | |
310 | - | ON BETWEEN THE PARTI ES OR AWARDED BY A J URY, BEING FIRST PAID OR | |
311 | - | TENDERED TO THE PART Y ENTITLED TO THAT C OMPENSATION . | |
300 | + | (B) THE OFFICERS, EMPLOYEES, AND AGENTS OF THE AUTHORITY SHALL 15 | |
301 | + | BE APPOINTED AND REM OVED AS SPECIFIED BY LOCAL LAW. 16 | |
312 | 302 | ||
313 | - | (C) ALL LAND OR PROPERTY NEEDED , OR TAKEN BY THE EXER CISE OF THE | |
314 | - | POWER OF EMINENT DOM AIN, BY THE AUTHORITY IN ACCORDAN CE WITH A | |
315 | - | DELEGATION OF AUTHOR ITY FROM THE COUNTY SHALL BE DEEMED TO B E NEEDED | |
316 | - | OR TAKEN FOR A PUBLI C USE OR A PUBLIC BE NEFIT. | |
303 | + | (C) THE EXERCISE OF ALL P OWERS, AUTHORITY, RIGHTS, AND 17 | |
304 | + | OBLIGATIONS OF THE AUTHORITY SHALL BE AS SPECIFIED BY THIS SU BTITLE AND 18 | |
305 | + | LOCAL LAW. 19 | |
317 | 306 | ||
318 | - | (D) LAND OR PROPERTY OW NED BY THE FEDERAL G OVERNMENT , THE | |
319 | - | STATE, OR A LOCAL GOVERNMEN T, OR AN AGENCY OF THE FEDERAL GOVERNMENT , | |
320 | - | THE STATE, OR A LOCAL GOVERNMEN T, MAY NOT BE ACQUIRED BY THE AUTHORITY | |
321 | - | BY EXERCISE OF THE P OWER OF EMINENT DOMA IN WITHOUT THE PRIOR CONSENT | |
322 | - | OF THE GOVE RNMENT OR AGENCY OWN ING THE LAND OR PROP ERTY. Ch. 717 2022 LAWS OF MARYLAND | |
307 | + | (D) AN ACT OF THE AUTHORITY MAY NOT BE CHALLENGED ON THE BASIS OF 20 | |
308 | + | THE ABSENCE OF QUALI FICATIONS OF A MEMBE R OF THE AUTHORITY IF THE 21 | |
309 | + | MEMBER: 22 | |
323 | 310 | ||
324 | - | – 8 – | |
311 | + | (1) HAS BEEN APPOINTED B Y THE APPROPRIATE AU THORITY 23 | |
312 | + | DESIGNATED BY LOCAL LAW; AND 24 | |
325 | 313 | ||
326 | - | (E) NOTWITHSTANDING THE D ELEGATION OF THE POW ER OF EMINENT | |
327 | - | DOMAIN BY THE COUNTY TO THE AUTHORITY, A DECISION OF THE AUTHORITY TO | |
328 | - | TAKE OWNER –OCCUPIED RESIDENTIAL REAL PROPERTY SHALL BE FIRST APPROVED | |
329 | - | BY THE COUNTY COUNCIL AFTER NOTICE TO THE PROPERTY OWNE R. | |
314 | + | (2) HAS TAKEN THE OATH O F OFFICE. 25 | |
330 | 315 | ||
331 | - | (B) THE AUTHORITY MAY MAKE RE COMMENDATIONS TO THE COUNTY ON | |
332 | - | ISSUES RELATED TO TH E COUNTY’S POWER OF EMINENT D OMAIN. | |
316 | + | 12–806. 26 | |
333 | 317 | ||
334 | - | (C) THE COUNTY MAY NOT DE LEGATE THE POWER OF EMINENT DOMAIN TO | |
335 | - | THE AUTHORITY. | |
318 | + | (A) EXCEPT AS PROVIDED IN SUBSECTION (E) (C) OF THIS SECTION , THE 27 | |
319 | + | COUNTY IS AUTHORIZED , BY LAW, TO DELEGATE TO THE AUTHORITY ANY OR ALL OF 28 | |
320 | + | THE POWERS GRANTED T O THE COUNTY UNDER § 12–803 OF THIS SUBTITLE. 29 | |
336 | 321 | ||
337 | - | 12–807. | |
322 | + | (B) LAND OR PROPERTY TAKE N BY THE AUTHORITY IN ACCORDAN CE WITH 30 | |
323 | + | A DELEGATION OF AUTHORITY FROM THE C OUNTY BY EXERCISE OF THE POWER OF 31 | |
324 | + | EMINENT DOMAIN MAY N OT BE TAKEN WITHOUT JUST COMPENSATION , AS AGREED 32 8 SENATE BILL 557 | |
338 | 325 | ||
339 | - | (A) FOR THE PUBLIC PURPOS ES DESCRIBED UNDER § 12–803 OF THIS | |
340 | - | SUBTITLE AND SUBJECT TO LOCAL LAW AND THE PROVISIONS OF THIS S UBTITLE, | |
341 | - | THE AUTHORITY MAY , WITHIN WEST BALTIMORE COUNTY: | |
342 | 326 | ||
343 | - | (1) ACQUIRE, PURCHASE, OR OTHERWISE OBTAIN , HOLD, AND USE | |
344 | - | ANY PROPERT Y, REAL, PERSONAL, OR MIXED, TANGIBLE OR INTANGIB LE, OR ANY | |
345 | - | INTEREST THEREIN ; | |
327 | + | ON BETWEEN THE PARTI ES OR AWARDED BY A J URY, BEING FIRST PAID OR 1 | |
328 | + | TENDERED TO THE PART Y ENTITLED TO THAT C OMPENSATION . 2 | |
346 | 329 | ||
347 | - | (2) LEASE AS A LESSEE AN Y PROPERTY, REAL, PERSONAL, OR MIXED, | |
348 | - | TANGIBLE OR INTANGIB LE, OR ANY INTEREST THER EIN; | |
330 | + | (C) ALL LAND OR PROPERTY NEEDED , OR TAKEN BY THE EXER CISE OF THE 3 | |
331 | + | POWER OF EMINENT DOM AIN, BY THE AUTHORITY IN ACCORDAN CE WITH A 4 | |
332 | + | DELEGATION OF AUTHOR ITY FROM THE COUNTY SHALL BE DEEMED TO B E NEEDED 5 | |
333 | + | OR TAKEN FOR A PUBLI C USE OR A PUBLIC BE NEFIT. 6 | |
349 | 334 | ||
350 | - | (3) LEASE AS LESSOR ANY PROPERTY, REAL, PERSONAL, OR MIXED, | |
351 | - | TANGIBLE OR INTANGIBL E, OR ANY INTEREST THER EIN, AT ANY TIME ACQUIRED BY | |
352 | - | THE AUTHORITY; | |
335 | + | (D) LAND OR PROPERTY OW NED BY THE FEDERAL G OVERNMENT , THE 7 | |
336 | + | STATE, OR A LOCAL GOVERNMEN T, OR AN AGENCY OF THE FEDERAL GOVERNMENT , 8 | |
337 | + | THE STATE, OR A LOCAL GOVERNMEN T, MAY NOT BE ACQUIRED BY THE AUTHORITY 9 | |
338 | + | BY EXERCISE OF THE P OWER OF EMINENT DOMA IN WITHOUT THE PRIOR CONSENT 10 | |
339 | + | OF THE GOVE RNMENT OR AGENCY OWN ING THE LAND OR PROP ERTY. 11 | |
353 | 340 | ||
354 | - | (4) MORTGAGE OR OTHERWIS E PLEDGE OR ENCUMBER ANY | |
355 | - | PROPERTY, REAL, PERSONAL, OR MIXED, TANGIBLE OR INTANGIB LE, OR ANY | |
356 | - | INTEREST THEREIN , OF THE AUTHORITY; AND | |
341 | + | (E) NOTWITHSTANDING THE D ELEGATION OF THE POW ER OF EMINENT 12 | |
342 | + | DOMAIN BY THE COUNTY TO THE AUTHORITY, A DECISION OF THE AUTHORITY TO 13 | |
343 | + | TAKE OWNER –OCCUPIED RESIDENTIAL REAL PROPERTY SHALL BE FIRST APPROVED 14 | |
344 | + | BY THE COUNTY COUNCIL AFTER NOTICE TO THE PROPERTY OWNE R. 15 | |
357 | 345 | ||
358 | - | (5) SELL, TRANSFER, OR CONVEY ANY PROPER TY, REAL, PERSONAL, | |
359 | - | OR MIXED, TANGIBLE OR INTANGIB LE, OR ANY INTEREST THER EIN, ACQUIRED BY | |
360 | - | THE AUTHORITY AT ANY TIME . | |
346 | + | (B) THE AUTHORITY MAY MAKE RE COMMENDATIONS TO THE COUNTY ON 16 | |
347 | + | ISSUES RELATED TO TH E COUNTY’S POWER OF EMINENT D OMAIN. 17 | |
361 | 348 | ||
362 | - | (B) THE AUTHORITY MAY ACCEPT GRANTS FROM , MAKE LOANS TO , AND | |
363 | - | ENTER INTO CONTRACTS WITH ANY FEDERAL , STATE, OR LOCAL AGENCY OR A NY | |
364 | - | PRIVATE ENTITY OR PA RTY. | |
365 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 717 | |
349 | + | (C) THE COUNTY MAY NOT DE LEGATE THE POWER OF EMINENT DOMAIN TO 18 | |
350 | + | THE AUTHORITY. 19 | |
366 | 351 | ||
367 | - | – 9 – | |
368 | - | (C) THE AUTHORITY MAY ESTABLI SH, IMPOSE, AND COLLECT TOLLS , | |
369 | - | RATES, RENTALS, FEES, AND CHARGES RELATING TO THE AUTHORITY’S | |
370 | - | UNDERTAKINGS AND PRO PERTY. | |
352 | + | 12–807. 20 | |
371 | 353 | ||
372 | - | (D) THE BUDGETARY AND FIN ANCIAL PROCEDURES OF THE AUTHORITY | |
373 | - | SHALL BE ESTABLISHED BY LOCAL LAW. | |
354 | + | (A) FOR THE PUBLIC PURPOS ES DESCRIBED UNDER § 12–803 OF THIS 21 | |
355 | + | SUBTITLE AND SUBJECT TO LOCAL LAW AND THE PROVISIONS OF THIS S UBTITLE, 22 | |
356 | + | THE AUTHORITY MAY , WITHIN WEST BALTIMORE COUNTY: 23 | |
374 | 357 | ||
375 | - | (E) NO PROVISIONS OF THE CHARTER OF THE COUNT Y OR OTHER LOCAL | |
376 | - | LAW REGARDING THE DU TIES, POWERS, OR ORGANIZATION OF T HE AUTHORITY | |
377 | - | APPLY TO THE AUTHORITY UNLESS THE COUNTY EXPRESSLY PRO VIDES BY LOCAL | |
378 | - | LAW THAT TH E CHARTER PROVISION OR OTHER LOCAL LAW A PPLIES TO THE | |
379 | - | AUTHORITY. | |
358 | + | (1) ACQUIRE, PURCHASE, OR OTHERWISE OBTAIN , HOLD, AND USE 24 | |
359 | + | ANY PROPERT Y, REAL, PERSONAL, OR MIXED, TANGIBLE OR INTANGIB LE, OR ANY 25 | |
360 | + | INTEREST THEREIN ; 26 | |
380 | 361 | ||
381 | - | (F) SUBJECT TO PUBLIC GEN ERAL LAW AND LOCAL L AW, THE AUTHORITY | |
382 | - | HAS ALL OTHER POWERS NECESSARY OR CONVENI ENT TO CARRY OUT THE | |
383 | - | PURPOSES OF THE AUTHORITY. | |
362 | + | (2) LEASE AS A LESSEE AN Y PROPERTY, REAL, PERSONAL, OR MIXED, 27 | |
363 | + | TANGIBLE OR INTANGIB LE, OR ANY INTEREST THER EIN; 28 | |
384 | 364 | ||
385 | - | 12–808. | |
365 | + | (3) LEASE AS LESSOR ANY PROPERTY, REAL, PERSONAL, OR MIXED, 29 | |
366 | + | TANGIBLE OR INTANGIBL E, OR ANY INTEREST THER EIN, AT ANY TIME ACQUIRED BY 30 | |
367 | + | THE AUTHORITY; 31 | |
368 | + | SENATE BILL 557 9 | |
386 | 369 | ||
387 | - | THE AUTHORITY MAY NOT BE DEEMED A MUNICIPAL CO RPORATION AS | |
388 | - | DEFINED IN ARTICLE XI–E OF THE MARYLAND CONSTITUTION. | |
389 | 370 | ||
390 | - | 12–809. | |
371 | + | (4) MORTGAGE OR OTHERWIS E PLEDGE OR ENCUMBER ANY 1 | |
372 | + | PROPERTY, REAL, PERSONAL, OR MIXED, TANGIBLE OR INTANGIB LE, OR ANY 2 | |
373 | + | INTEREST THEREIN , OF THE AUTHORITY; AND 3 | |
391 | 374 | ||
392 | - | ( | |
393 | - | ||
394 | - | AUTHORITY | |
375 | + | (5) SELL, TRANSFER, OR CONVEY ANY PROPER TY, REAL, PERSONAL, 4 | |
376 | + | OR MIXED, TANGIBLE OR INTANGIB LE, OR ANY INTEREST THER EIN, ACQUIRED BY 5 | |
377 | + | THE AUTHORITY AT ANY TIME . 6 | |
395 | 378 | ||
396 | - | (B) | |
397 | - | ||
398 | - | ||
379 | + | (B) THE AUTHORITY MAY ACCEPT GRANTS FROM , MAKE LOANS TO , AND 7 | |
380 | + | ENTER INTO CONTRACTS WITH ANY FEDERAL , STATE, OR LOCAL AGENCY OR A NY 8 | |
381 | + | PRIVATE ENTITY OR PA RTY. 9 | |
399 | 382 | ||
400 | - | 12–810. | |
383 | + | (C) THE AUTHORITY MAY ESTABLI SH, IMPOSE, AND COLLECT TOLLS , 10 | |
384 | + | RATES, RENTALS, FEES, AND CHARGES RELATING TO THE AUTHORITY’S 11 | |
385 | + | UNDERTAKINGS AND PRO PERTY. 12 | |
401 | 386 | ||
402 | - | (A) IN ORDER TO FINANCE OR REFINANCE , IN WHOLE OR IN PART , THE COST | |
403 | - | OF ACQUISITION , DEVELOPMENT , OR REDEVELOPMENT , INCLUDING THE | |
404 | - | COMPREHENSIVE RENOVA TION OR REHABILITATI ON, OF LAND OR PROPERTY FOR | |
405 | - | RESIDENTIAL, COMMERCIAL , OR INDUSTRIAL PURPOS ES AND RELATED ACTIV ITIES | |
406 | - | IN ACCORDANCE WITH THIS SU BTITLE, THE AUTHORITY MAY ISSUE B ONDS. | |
387 | + | (D) THE BUDGETARY AND FIN ANCIAL PROCEDURES OF THE AUTHORITY 13 | |
388 | + | SHALL BE ESTABLISHED BY LOCAL LAW. 14 | |
407 | 389 | ||
408 | - | (B) (1) THE BONDS: | |
409 | - | Ch. 717 2022 LAWS OF MARYLAND | |
390 | + | (E) NO PROVISIONS OF THE CHARTER OF THE COUNT Y OR OTHER LOCAL 15 | |
391 | + | LAW REGARDING THE DU TIES, POWERS, OR ORGANIZATION OF T HE AUTHORITY 16 | |
392 | + | APPLY TO THE AUTHORITY UNLESS THE COUNTY EXPRESSLY PRO VIDES BY LOCAL 17 | |
393 | + | LAW THAT THE CHARTER PROVIS ION OR OTHER LOCAL L AW APPLIES TO THE 18 | |
394 | + | AUTHORITY. 19 | |
410 | 395 | ||
411 | - | – 10 – | |
412 | - | (I) MAY NOT CONSTITUTE A DEBT OF THE COUNTY O R A PLEDGE | |
413 | - | OF THE FAITH AND CRE DIT OF THE COUNTY , THE STATE, OR ANY POLITICAL | |
414 | - | SUBDIVISION OF THE STATE; | |
396 | + | (F) SUBJECT TO PUBLIC GEN ERAL LAW AND LOCAL L AW, THE AUTHORITY 20 | |
397 | + | HAS ALL OTHER POWERS NECESSARY OR CONVENI ENT TO CARRY OUT THE 21 | |
398 | + | PURPOSES OF THE AUTHORITY. 22 | |
415 | 399 | ||
416 | - | (II) MAY NOT BE CON SIDERED OBLIGATIONS OF THE COUNTY | |
417 | - | FOR PURPOSES OF ANY DEBT LIMITATION IMPO SED ON THE COUNTY UN DER ANY | |
418 | - | CONSTITUTIONAL , STATUTORY, OR OTHER CHARTER PRO VISION; AND | |
400 | + | 12–808. 23 | |
419 | 401 | ||
420 | - | | |
421 | - | ||
402 | + | THE AUTHORITY MAY NOT BE DEEMED A MUNICIPA L CORPORATION AS 24 | |
403 | + | DEFINED IN ARTICLE XI–E OF THE MARYLAND CONSTITUTION. 25 | |
422 | 404 | ||
423 | - | (2) THE BONDS, THE BORROWING WHICH THEY REPRESENT , AND THE | |
424 | - | UNDERTAKING WHICH IS BEING FINANCED OR RE FINANCED ARE NOT SUB JECT TO | |
425 | - | ANY REFERENDUM REQUI REMENTS OF THE CHART ER OF THE COUNTY . | |
405 | + | 12–809. 26 | |
426 | 406 | ||
427 | - | (C) (1) THE BONDS MAY BE MADE PAYABLE AS TO PRINCI PAL, INTEREST, | |
428 | - | AND REDEMPTION PREMIUM AS DETERMINED IN ACCORD ANCE WITH LOCAL LAW , | |
429 | - | INCLUDING FROM INCOM E, RECEIPTS, PROCEEDS, REVENUES, AND FUNDS OF THE | |
430 | - | AUTHORITY DERIVED FRO M OR AVAILABLE OR TO BE AVAILABLE IN CONN ECTION | |
431 | - | WITH ANY UNDERTAKING FOR THE ACCOMPLISHME NT OF THE PURPO SES AND | |
432 | - | OBJECTIVES MENTIONED IN OR CONTEMPLATED B Y THIS SUBTITLE, INCLUDING: | |
407 | + | (A) THE AUTHORITY MAY MAKE RU LES AND REGULATIONS FOR THE 27 | |
408 | + | OPERATION AND USE OF LAND, PROPERTY, AND UNDERTAKINGS UND ER THE 28 | |
409 | + | AUTHORITY’S JURISDICTION IN TH E MANNER PROVIDED BY LO CAL LAW. 29 | |
433 | 410 | ||
434 | - | (I) THE PROCEEDS OF LOAN S, GRANTS, OR CONTRIBUTIONS | |
435 | - | FROM THE UNITED STATES OF AMERICA, THE STATE OF MARYLAND, OR ANY | |
436 | - | DEPARTMENT OR AGENCY THEREOF, ANY FUNDS OF THE COU NTY THAT MAY BE | |
437 | - | LAWFULLY AVAILABLE , OR ANY OTHER SOURCE AND COMPENSATION PAI D FROM | |
438 | - | APPROPRIATED FUNDS B Y THE COUNTY FOR LAN D OR PROPERTY RETAIN ED BY THE | |
439 | - | COUNTY; OR | |
411 | + | (B) ANY VIOLATION OF THE RULES AND REGULATION S DULY ADOPTED BY 30 | |
412 | + | THE AUTHORITY IS A MISDEM EANOR AND IS PUNISHA BLE BY A FINE NOT TO EXCEED 31 | |
413 | + | $1,000 OR IMPRISONMENT FOR NOT MORE THAN 180 DAYS OR BOTH. 32 | |
414 | + | 10 SENATE BILL 557 | |
440 | 415 | ||
441 | - | (II) ANY CONTRACT OR AGRE EMENT OR RIGHTS THER EUNDER | |
442 | - | BETWEEN THE UNITED STATES, THE STATE OF MARYLAND, OR ANY DEPARTMENT | |
443 | - | OR AGENCY THEREOF , OR ANY OTHER PUBLIC OR PRIVATE ENTITY OR INDIVIDUAL, | |
444 | - | AND THE AUTHORITY WITH RESPEC T TO ANY UNDERTAKING S FOR THE | |
445 | - | ACCOMPLISHMENT OF TH E PURPOSES AND OBJEC TIVES MENTIONED IN O R | |
446 | - | CONTEMPLATED BY THE PROVISIONS OF THIS SUBTITLE. | |
447 | 416 | ||
448 | - | (2) PAYMENT OF THE BONDS , AS TO PRINCIPAL , INTEREST, AND | |
449 | - | REDEMPTION PREMIUM , MAY BE FURTHER SECUR ED BY A MORTGAGE OF ALL OR | |
450 | - | ANY PART OF LAND , PROPERTY, OR DEVELOPMENT OR RE DEVELOPMENT PROJECTS , | |
451 | - | TITLE TO WHICH IS IN THE AUTHORITY OR ANY OTHE R PUBLIC OR PRIVATE EN TITY | |
452 | - | OR INDIVIDUAL, AS DETERMINED IN ACC ORDANCE WITH LOCAL L AW. | |
453 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 717 | |
417 | + | 12–810. 1 | |
454 | 418 | ||
455 | - | – 11 – | |
456 | - | (D) BY RESOLUTION, THE AUTHORITY MAY DETERMI NE ALL MATTERS WITH | |
457 | - | RESPECT TO THE ISSUA NCE, SALE, DELIVERY, AND PAYMENT OF AND F OR THE | |
458 | - | BONDS, INCLUDING THE ISSUE DATE OR DATES, MATURITY OR MATURITI ES, | |
459 | - | INTEREST RATE OR RAT ES OR MANNER OF DETE RMINING INTEREST , TERMS, FORM | |
460 | - | OR FORMS, DENOMINATION OR DENO MINATIONS, MANNER OF EXECUTION , PLACE | |
461 | - | OR PLACES OF PAYMENT , SOURCE OR SOURCES OF PAYMENT, REDEMPTION , | |
462 | - | REFUNDING, SALE PRICE, MANNER OF SALE , SECURITY, AND THE FORMS OF ANY | |
463 | - | NECESSARY OR APPROPR IATE DOCUMENTS , INCLUDING TRUST INDE NTURES, | |
464 | - | ESCROW AGREEMENTS , AND MORTGAGES . | |
419 | + | (A) IN ORDER TO FIN ANCE OR REFINANCE , IN WHOLE OR IN PART , THE COST 2 | |
420 | + | OF ACQUISITION , DEVELOPMENT , OR REDEVELOPMENT , INCLUDING THE 3 | |
421 | + | COMPREHENSIVE RENOVA TION OR REHABILITATI ON, OF LAND OR PROPERTY FOR 4 | |
422 | + | RESIDENTIAL, COMMERCIAL , OR INDUSTRIAL PURPOS ES AND RELATED ACTIV ITIES 5 | |
423 | + | IN ACCORDANCE WITH THIS SUB TITLE, THE AUTHORITY MAY ISSUE B ONDS. 6 | |
465 | 424 | ||
466 | - | (E) (1) NOTWITHSTANDING THE P ROVISIONS OF SUBSECT ION (B) OF THIS | |
467 | - | SECTION AND TO THE E XTENT NOT INCONSISTE NT WITH ANY CONSTITUTION AL OR | |
468 | - | CHARTER PROVISION OR PUBLIC GENERAL LAW , ANY ISSUE OF BONDS M AY BE | |
469 | - | GUARANTEED , IN WHOLE OR IN PART , AS TO PAYMENT OF PRI NCIPAL, INTEREST, OR | |
470 | - | REDEMPTION PREMIUM , BY AND UPON THE FULL FAITH AND CREDIT OF THE | |
471 | - | COUNTY. | |
425 | + | (B) (1) THE BONDS: 7 | |
472 | 426 | ||
473 | - | (2) THE GUARANTEE OF THE COUNTY B Y AND UPON THE FULL FAITH | |
474 | - | AND CREDIT OF THE CO UNTY CONCERNING THE PAYMENT OF THE PRINC IPAL OF, OR | |
475 | - | INTEREST OR REDEMPTI ON PREMIUM ON , ANY BONDS IS SUBJECT TO ANY | |
476 | - | APPLICABLE REFERENDU M REQUIREMENTS OF TH E CHARTER OF THE COU NTY. | |
427 | + | (I) MAY NOT CONSTITUTE A DEBT OF THE COUNTY O R A PLEDGE 8 | |
428 | + | OF THE FAITH AND CRE DIT OF THE COUNTY , THE STATE, OR ANY POLITICAL 9 | |
429 | + | SUBDIVISION OF THE STATE; 10 | |
477 | 430 | ||
478 | - | (F) THE BONDS, THE TRANSFER OF THE BONDS, THE INTEREST PAYABLE ON | |
479 | - | THE BONDS, AND ANY INCOME DERIV ED FROM THE BONDS , INCLUDING ANY PROFIT | |
480 | - | REALIZED IN THE SALE OR EXCHANGE OF THE B ONDS, SHALL BE EXEMPT AT A LL | |
481 | - | TIMES FROM TAXATION BY THE STATE OR ANY COUNTY , MUNICIPAL CORPORATION , | |
482 | - | OR PUBLIC AGENCY OF ANY KIND. | |
431 | + | (II) MAY NOT BE CONSIDERED OBLIGATIO NS OF THE COUNTY 11 | |
432 | + | FOR PURPOSES OF ANY DEBT LIMITATION IMPO SED ON THE COUNTY UN DER ANY 12 | |
433 | + | CONSTITUTIONAL , STATUTORY, OR OTHER CHARTER PRO VISION; AND 13 | |
483 | 434 | ||
484 | - | ( | |
485 | - | ||
435 | + | (III) SHALL BE APPROVED BY THE GOVERNING BODY O F THE 14 | |
436 | + | COUNTY PRIOR TO THEI R ISSUANCE. 15 | |
486 | 437 | ||
487 | - | ( | |
488 | - | ||
489 | - | ||
438 | + | (2) THE BONDS, THE BORROWING WHICH THEY REPRESENT , AND THE 16 | |
439 | + | UNDERTAKING WHICH IS BEING FINANCED OR RE FINANCED ARE NOT SUB JECT TO 17 | |
440 | + | ANY REFERENDUM REQUI REMENTS OF THE CHART ER OF THE COUNTY . 18 | |
490 | 441 | ||
491 | - | (2) REVENUES PLEDGED BY T HE AUTHORITY ARE SUBJECT | |
492 | - | IMMEDIATELY TO THE L IEN OF THE PLEDGE WI THOUT ANY PHYSICAL D ELIVERY OR | |
493 | - | FURTHER ACT . | |
442 | + | (C) (1) THE BONDS MAY BE MADE PAYABLE AS TO PRINCI PAL, INTEREST, 19 | |
443 | + | AND REDEMPTION PREMIUM A S DETERMINED IN ACCO RDANCE WITH LOCAL LA W, 20 | |
444 | + | INCLUDING FROM INCOM E, RECEIPTS, PROCEEDS, REVENUES, AND FUNDS OF THE 21 | |
445 | + | AUTHORITY DERIVED FRO M OR AVAILABLE OR TO BE AVAILABLE IN CONN ECTION 22 | |
446 | + | WITH ANY UNDERTAKING FOR THE ACCOMPLISHME NT OF THE PU RPOSES AND 23 | |
447 | + | OBJECTIVES MENTIONED IN OR CONTEMPLATED B Y THIS SUBTITLE, INCLUDING: 24 | |
494 | 448 | ||
495 | - | (3) THE LIEN OF ANY PLEDG E IS VALID AND BINDI NG AGAINST ANY | |
496 | - | PERSON HAVING ANY CL AIM OF ANY KIND IN T ORT, CONTRACT, OR OTHERWISE | |
497 | - | AGAINST THE AUTHORITY, WHETHER OR NOT THE P ERSON HAS NOTICE OF THE | |
498 | - | LIEN. Ch. 717 2022 LAWS OF MARYLAND | |
449 | + | (I) THE PROCEEDS OF LOAN S, GRANTS, OR CONTRIBUTIONS 25 | |
450 | + | FROM THE UNITED STATES OF AMERICA, THE STATE OF MARYLAND, OR ANY 26 | |
451 | + | DEPARTMENT OR AGENCY THEREOF, ANY FUNDS OF THE COU NTY THAT MAY BE 27 | |
452 | + | LAWFULLY AVAILABLE , OR ANY OTHER SOURCE AND COMPENSATION PAI D FROM 28 | |
453 | + | APPROPRIATED FUNDS B Y THE COUNTY FOR LAN D OR PROPERTY RETAIN ED BY THE 29 | |
454 | + | COUNTY; OR 30 | |
499 | 455 | ||
500 | - | – 12 – | |
456 | + | (II) ANY CONTRACT OR AGRE EMENT OR RIGHTS THER EUNDER 31 | |
457 | + | BETWEEN THE UNITED STATES, THE STATE OF MARYLAND, OR ANY DEPARTMENT 32 | |
458 | + | OR AGENCY THEREOF , OR ANY OTHER PUBLIC OR PRIVATE ENTITY OR INDIVIDUAL, 33 | |
459 | + | AND THE AUTHORITY WITH RESPEC T TO ANY UNDERTAKING S FOR THE 34 SENATE BILL 557 11 | |
501 | 460 | ||
502 | - | (4) NOTWITHSTANDING ANY P ROVISION OF PUBLIC G ENERAL OR | |
503 | - | PUBLIC LOCAL LAW , PERFECTION AGAINST T HIRD PARTIES OF A LI EN OF A PLEDGE | |
504 | - | BY THE AUTHORITY OF THE AUTHORITY’S REVENUES DOES NOT REQUIRE THE | |
505 | - | FILING OR RECORDING OF A RESOLUTION , TRUST AGREEMENT , FINANCING | |
506 | - | STATEMENT, CONTINUATION , OR OTHER STATEMENT O R INSTRUMENT ADOPTED OR | |
507 | - | ENTERED INTO BY THE AUTHORITY IN ANY PUBL IC RECORD OTHER THAN THE | |
508 | - | RECORDS OF THE AUTHORITY. | |
509 | 461 | ||
510 | - | (I) (1) UNLESS THE BONDS ARE GUARANTEED BY AND UP ON THE FULL | |
511 | - | FAITH AND CREDIT OF THE COUNTY AND ARE A PPROVED IN A REFEREN DUM BY THE | |
512 | - | VOTERS OF THE COUNTY IN ACCORDANCE WITH S UBSECTION (E) OF THIS SECTION, | |
513 | - | THE AUTHORITY MAY N OT ISSUE BONDS UNDER THIS SECTION UNTIL A FTER THE | |
514 | - | AUTHORITY HAS HELD A PUBLIC HEARING IN TH E COUNTY ON THE PROP OSED | |
515 | - | BONDS. | |
462 | + | ACCOMPLISHMENT OF TH E PURPOSES AND OBJEC TIVES MENTIONED IN O R 1 | |
463 | + | CONTEMPLATED BY THE PROVISIONS OF TH IS SUBTITLE. 2 | |
516 | 464 | ||
517 | - | (2) THE AUTHORITY SHALL NOTIF Y THE BALTIMORE COUNTY | |
518 | - | DELEGATIONS OF THE HOUSE OF DELEGATES AND THE SENATE OF MARYLAND OF | |
519 | - | A PROPOSED ISSUANCE OF BONDS AT LEAST 2 WEEKS BEFORE HOLDING THE PUBLIC | |
520 | - | HEARING REQUIRED UND ER PARAGRAPH (1) OF THIS SUBSECTION . | |
465 | + | (2) PAYMENT OF THE BONDS , AS TO PRINCIPAL , INTEREST, AND 3 | |
466 | + | REDEMPTION PREMIUM , MAY BE FURTHER SECUR ED BY A MORTGAGE OF ALL OR 4 | |
467 | + | ANY PART OF LAND , PROPERTY, OR DEVELOPMENT OR RE DEVELOPMENT PROJECTS , 5 | |
468 | + | TITLE TO WHICH IS IN THE AUTHORITY OR ANY OTHE R PUBLIC OR PRIVATE ENTITY 6 | |
469 | + | OR INDIVIDUAL, AS DETERMINED IN ACC ORDANCE WITH LOCAL L AW. 7 | |
521 | 470 | ||
522 | - | 12–811. | |
471 | + | (D) BY RESOLUTION, THE AUTHORITY MAY DETERMI NE ALL MATTERS WITH 8 | |
472 | + | RESPECT TO THE ISSUA NCE, SALE, DELIVERY, AND PAYMENT OF AND F OR THE 9 | |
473 | + | BONDS, INCLUDING THE ISSUE DATE OR DATES, MATURITY OR MATURITI ES, 10 | |
474 | + | INTEREST RATE OR RAT ES OR MANNER OF DETE RMINING INTEREST , TERMS, FORM 11 | |
475 | + | OR FORMS, DENOMINATION OR DENO MINATIONS, MANNER OF EXECUTION , PLACE 12 | |
476 | + | OR PLACES OF PAYMENT , SOURCE OR SOURCES OF PAYMENT, REDEMPTION , 13 | |
477 | + | REFUNDING, SALE PRICE, MANNER OF SALE , SECURITY, AND THE FORMS OF ANY 14 | |
478 | + | NECESSARY OR APPROPR IATE DOCUMENTS , INCLUDING TRUST INDE NTURES, 15 | |
479 | + | ESCROW AGREEMENTS , AND MORTGAGES . 16 | |
523 | 480 | ||
524 | - | AS SPECIFIED BY LOCAL LAW AND TO THE EXTEN T NOT INCONSISTENT W ITH | |
525 | - | ANY CONSTITUTIONAL O R CHARTER PROVISION OR ANY PUBLIC GENERA L OR | |
526 | - | PUBLIC LOCAL LAW , THE COUNTY MAY : | |
481 | + | (E) (1) NOTWITHSTANDING THE P ROVISIONS OF SUBSECT ION (B) OF THIS 17 | |
482 | + | SECTION AND TO THE E XTENT NOT INCONSISTE NT WITH ANY CONSTITUTION AL OR 18 | |
483 | + | CHARTER PROVISION OR PUBLIC GENERAL LAW , ANY ISSUE OF BONDS M AY BE 19 | |
484 | + | GUARANTEED , IN WHOLE OR IN PART , AS TO PAYMENT OF PRI NCIPAL, INTEREST, OR 20 | |
485 | + | REDEMPTION PREMIUM , BY AND UPON THE FULL FAITH AND CREDIT OF THE 21 | |
486 | + | COUNTY. 22 | |
527 | 487 | ||
528 | - | (1) ASSIGN, PLEDGE, GRANT, CONTRIBUTE , OR PROVIDE TO THE | |
529 | - | REDEVELOPMENT AUTHOR ITY ANY TAXES, RATES, RENTALS, FEES, CHARGES, OR | |
530 | - | OTHER FUNDS HELD OR RECEIVABLE BY THE CO UNTY FOR ANY PURPOSE , AND | |
531 | - | ASSIGN, PLEDGE, LEASE, OR OTHERWISE CONVEY TO THE AUTHORITY, OR | |
532 | - | ENCUMBER ANY LAND OR PROPERTY OWNED OR OT HERWISE HELD BY THE COUNTY, | |
533 | - | INCLUDING AS ADDITIO NAL SECURITY FOR ANY BONDS OF THE AUTHORITY; AND | |
488 | + | (2) THE GUARANTEE OF THE COUNTY B Y AND UPON THE FULL FAITH 23 | |
489 | + | AND CREDIT OF THE CO UNTY CONCERNING THE PAYMENT OF THE PRINC IPAL OF, OR 24 | |
490 | + | INTEREST OR REDEMPTI ON PREMIUM ON , ANY BONDS IS SUBJECT TO ANY 25 | |
491 | + | APPLICABLE REFERENDU M REQUIREMENTS OF TH E CHARTER OF THE COU NTY. 26 | |
534 | 492 | ||
535 | - | (2) (I) ADVANCE AMOUNTS TO T HE AUTHORITY FOR ANY PUR POSE, | |
536 | - | INCLUDING PAYME NT OF PRELIMINARY EX PENDITURES RELATING TO ANY | |
537 | - | UNDERTAKINGS OF THE AUTHORITY OR FOR DEFI CIENCIES IN DEBT SER VICES | |
538 | - | REQUIREMENTS ; AND | |
493 | + | (F) THE BONDS, THE TRANSFER OF THE BONDS, THE INTEREST PAYABLE ON 27 | |
494 | + | THE BONDS, AND ANY INCOME DERIV ED FROM THE BONDS , INCLUDING ANY PROFIT 28 | |
495 | + | REALIZED IN THE SALE OR EXCHANGE OF THE B ONDS, SHALL BE EXEMPT AT A LL 29 | |
496 | + | TIMES FROM TAXATION BY THE STATE OR ANY COUNTY , MUNICIPAL CORPORATION , 30 | |
497 | + | OR PUBLIC AGENCY OF ANY KIND. 31 | |
539 | 498 | ||
540 | - | ( | |
541 | - | ||
499 | + | (G) THE BONDS ARE EXEMPT FROM THE PROVISIONS OF §§ 19–205 AND 32 | |
500 | + | 19–206 OF THE LOCAL GOVERNMENT ARTICLE. 33 | |
542 | 501 | ||
543 | - | 12–812. LAWRENCE J. HOGAN, JR., Governor Ch. 717 | |
502 | + | (H) (1) A PLEDGE BY THE AUTHORITY OF REVENUES AS SECURITY FOR 34 | |
503 | + | AN ISSUE OF BONDS SH ALL BE VALID AND BINDING FROM THE TIM E THE PLEDGE IS 35 | |
504 | + | MADE. 36 | |
505 | + | 12 SENATE BILL 557 | |
544 | 506 | ||
545 | - | – 13 – | |
546 | 507 | ||
547 | - | NOTWITHSTANDING ANY O THER PROVISION OF TH IS SUBTITLE AND TO THE | |
548 | - | EXTENT NOT INCONSIST ENT WITH ANY CONSTIT UTIONAL OR CHARTER P ROVISION | |
549 | - | OR ANY PUBLIC GENERA L OR PUBLIC LOCAL LA W, THE AUTHORITY, AS PROVIDED | |
550 | - | BY LOCAL LAW, MAY: | |
508 | + | (2) REVENUES PLEDGED BY T HE AUTHORITY ARE SUBJECT 1 | |
509 | + | IMMEDIATELY TO THE L IEN OF THE PLEDGE WI THOUT ANY PHYSICAL D ELIVERY OR 2 | |
510 | + | FURTHER ACT . 3 | |
551 | 511 | ||
552 | - | (1) RECEIVE AND APPLY TO THE AUTHORITY’S CORPORATE | |
553 | - | PURPOSES AND UNDERTA KINGS ANY GRANTS, CONTRIBUTIONS , PLEDGES, LOANS, | |
554 | - | OR OTHER AMOUNTS FRO M THE STATE, THE COUNTY, THE FEDERAL GOVERNME NT, | |
555 | - | ANY OTHER GOVERNMENT AL UNIT, OR ANY PUBLIC OR PRI VATE ENTITY OR PARTY ; | |
556 | - | AND | |
512 | + | (3) THE LIEN OF ANY PLEDG E IS VALID AND BINDI NG AGAINST ANY 4 | |
513 | + | PERSON HAVING ANY CLAIM OF ANY KIN D IN TORT, CONTRACT, OR OTHERWISE 5 | |
514 | + | AGAINST THE AUTHORITY, WHETHER OR NOT THE P ERSON HAS NOTICE OF THE 6 | |
515 | + | LIEN. 7 | |
557 | 516 | ||
558 | - | (2) TO THE EXTENT NOT IN CONSISTENT WITH ANY CONTRACT, | |
559 | - | INSTRUMENT , OR LAW RELATING TO A GRANT, A CONTRIBUTION , A PLEDGE, A LOAN, | |
560 | - | OR ANY OTHER AMOUNT , PLEDGE THE RECEIPTS AS SECURITY FOR ANY OF THE | |
561 | - | AUTHORITY’S BONDS. | |
517 | + | (4) NOTWITHSTANDING ANY P ROVISION OF PUBLIC G ENERAL OR 8 | |
518 | + | PUBLIC LOCAL LAW , PERFECTION AGAINST T HIRD PARTIES OF A LI EN OF A PLEDG E 9 | |
519 | + | BY THE AUTHORITY OF THE AUTHORITY’S REVENUES DOES NOT REQUIRE THE 10 | |
520 | + | FILING OR RECORDING OF A RESOLUTION , TRUST AGREEMENT , FINANCING 11 | |
521 | + | STATEMENT, CONTINUATION , OR OTHER STATEMENT O R INSTRUMENT ADOPTED OR 12 | |
522 | + | ENTERED INTO BY THE AUTHORITY IN ANY PUBL IC RECORD OTHE R THAN THE 13 | |
523 | + | RECORDS OF THE AUTHORITY. 14 | |
562 | 524 | ||
563 | - | 12–813. | |
525 | + | (I) (1) UNLESS THE BONDS ARE GUARANTEED BY AND UP ON THE FULL 15 | |
526 | + | FAITH AND CREDIT OF THE COUNTY AND ARE A PPROVED IN A REFEREN DUM BY THE 16 | |
527 | + | VOTERS OF THE COUNTY IN ACCORDANCE WITH S UBSECTION (E) OF THIS SECTION, 17 | |
528 | + | THE AUTHORITY MAY NOT ISSUE BONDS UNDER THIS SECTION U NTIL AFTER THE 18 | |
529 | + | AUTHORITY HAS HELD A PUBLIC HEARING IN TH E COUNTY ON THE PROP OSED 19 | |
530 | + | BONDS. 20 | |
564 | 531 | ||
565 | - | (A) THE PROPERTY OWNED OR HELD BY AND THE REVE NUES OF THE | |
566 | - | AUTHORITY ARE EXEMPT FROM TAXATION OF EVERY KIND BY THE STATE OR ANY | |
567 | - | COUNTY, MUNICIPAL CORPORATIO N, OR PUBLIC UNIT. | |
532 | + | (2) THE AUTHORITY SHALL NOTIF Y THE BALTIMORE COUNTY 21 | |
533 | + | DELEGATIONS OF THE HOUSE OF DELEGATES AND THE SENATE OF MARYLAND OF 22 | |
534 | + | A PROPOSED ISSUANCE OF B ONDS AT LEAST 2 WEEKS BEFORE HOLDING THE PUBLIC 23 | |
535 | + | HEARING REQUIRED UND ER PARAGRAPH (1) OF THIS SUBSECTION . 24 | |
568 | 536 | ||
569 | - | (B) NOTWITHSTANDING THE P ROVISIONS OF SUBSECT ION (A) OF THIS | |
570 | - | SECTION, ON A REQUEST OF THE AUTHORITY, THE COUNTY , BY LOCAL LAW , MAY | |
571 | - | PROVIDE FOR A NEGOTI ATED PAYMENT IN LIEU OF TAXES FOR PROPERTY OW NED | |
572 | - | OR HELD BY THE AUTHORITY. | |
537 | + | 12–811. 25 | |
573 | 538 | ||
574 | - | 12–814. | |
539 | + | AS SPECIFIED BY LOCAL LAW AND TO THE EXTEN T NOT INCONSISTENT W ITH 26 | |
540 | + | ANY CONSTITUTIONAL O R CHARTER PROVISION OR ANY PUBLIC GENERAL OR 27 | |
541 | + | PUBLIC LOCAL LAW , THE COUNTY MAY : 28 | |
575 | 542 | ||
576 | - | (A) THE NET EARNINGS OF T HE AUTHORITY, APART FROM THOSE | |
577 | - | NECESSARY TO PAY DEB T SERVICE OR TO IMPL EMENT THE PURPOSES O F THIS | |
578 | - | SUBTITLE, MAY NOT INURE TO THE BENEFIT OF ANY PERSO N OTHER THAN THE | |
579 | - | COUNTY. | |
543 | + | (1) ASSIGN, PLEDGE, GRANT, CONTRIBUTE , OR PROVIDE TO THE 29 | |
544 | + | REDEVELOPMENT AUTHOR ITY ANY TAXES, RATES, RENTALS, FEES, CHARGES, OR 30 | |
545 | + | OTHER FUNDS HELD OR RECEIVABLE BY THE CO UNTY FOR ANY PURPOSE , AND 31 | |
546 | + | ASSIGN, PLEDGE, LEASE, OR OTHERWISE CONVEY TO THE AUTHORITY, OR 32 | |
547 | + | ENCUMBER ANY LAND OR PROPERTY OWNED OR OT HERWISE HELD BY THE COUNTY, 33 | |
548 | + | INCLUDING AS ADDITIO NAL SECURITY FOR ANY BONDS OF THE AUTHORITY; AND 34 | |
580 | 549 | ||
581 | - | (B) ON TERMINATION OF THE AUTHORITY, ALL RIGHTS AND TITLE TO ALL | |
582 | - | ASSETS OF THE AUTHORITY SHALL VEST IN, AND ALL OBLIGATIONS AND LIABILITIES | |
583 | - | OF THE AUTHORITY MAY BE TRAN SFERRED TO AND ASSUM ED BY, THE COUNTY. | |
550 | + | (2) (I) ADVANCE AMOUNTS TO T HE AUTHORITY FOR ANY PUR POSE, 35 | |
551 | + | INCLUDING PAYMENT OF PRELIMINA RY EXPENDITURES RELA TING TO ANY 36 SENATE BILL 557 13 | |
584 | 552 | ||
585 | - | 12–815. | |
586 | 553 | ||
587 | - | NOTWITHSTANDING ANY O THER PROVISION OF THIS SU BTITLE, THE | |
588 | - | AUTHORITY SHALL COMPL Y WITH ALL APPLICABL E ZONING AND PLANNIN G | |
589 | - | REQUIREMENTS . Ch. 717 2022 LAWS OF MARYLAND | |
554 | + | UNDERTAKINGS OF THE AUTHORITY OR FOR DEFI CIENCIES IN DEBT SER VICES 1 | |
555 | + | REQUIREMENTS ; AND 2 | |
590 | 556 | ||
591 | - | – 14 – | |
557 | + | (II) PROVIDE FOR THE REPA YMENT OR FORGIVENESS OF THE 3 | |
558 | + | ADVANCES. 4 | |
592 | 559 | ||
593 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect | |
594 | - | October 1, 2022. | |
560 | + | 12–812. 5 | |
595 | 561 | ||
596 | - | Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022. | |
562 | + | NOTWITHSTANDING ANY O THER PROVISION OF T HIS SUBTITLE AND TO THE 6 | |
563 | + | EXTENT NOT INCONSIST ENT WITH ANY CONSTIT UTIONAL OR CHARTER P ROVISION 7 | |
564 | + | OR ANY PUBLIC GENERA L OR PUBLIC LOCAL LA W, THE AUTHORITY, AS PROVIDED 8 | |
565 | + | BY LOCAL LAW, MAY: 9 | |
566 | + | ||
567 | + | (1) RECEIVE AND APPLY TO THE AUTHORITY’S CORPORATE 10 | |
568 | + | PURPOSES AND UNDERTAKINGS ANY GRA NTS, CONTRIBUTIONS , PLEDGES, LOANS, 11 | |
569 | + | OR OTHER AMOUNTS FRO M THE STATE, THE COUNTY, THE FEDERAL GOVERNME NT, 12 | |
570 | + | ANY OTHER GOVERNMENT AL UNIT, OR ANY PUBLIC OR PRI VATE ENTITY OR PARTY ; 13 | |
571 | + | AND 14 | |
572 | + | ||
573 | + | (2) TO THE EXTENT NOT IN CONSISTENT WITH ANY CONTRACT, 15 | |
574 | + | INSTRUMENT , OR LAW RELATING TO A GRANT, A CONTRIBUTION , A PLEDGE, A LOAN, 16 | |
575 | + | OR ANY OTHER AMOUNT , PLEDGE THE RECEIPTS AS SECURITY FOR ANY OF THE 17 | |
576 | + | AUTHORITY’S BONDS. 18 | |
577 | + | ||
578 | + | 12–813. 19 | |
579 | + | ||
580 | + | (A) THE PROPERTY OWNED OR HELD BY AND THE REVE NUES OF THE 20 | |
581 | + | AUTHORITY ARE EXEMPT FROM TAXATION OF EVERY KI ND BY THE STATE OR ANY 21 | |
582 | + | COUNTY, MUNICIPAL CORPORATIO N, OR PUBLIC UNIT. 22 | |
583 | + | ||
584 | + | (B) NOTWITHSTANDING THE P ROVISIONS OF SUBSECT ION (A) OF THIS 23 | |
585 | + | SECTION, ON A REQUEST OF THE AUTHORITY, THE COUNTY , BY LOCAL LAW , MAY 24 | |
586 | + | PROVIDE FOR A NEGOTI ATED PAYMENT IN LIEU OF TAXES FOR PROPERTY OWNED 25 | |
587 | + | OR HELD BY THE AUTHORITY. 26 | |
588 | + | ||
589 | + | 12–814. 27 | |
590 | + | ||
591 | + | (A) THE NET EARNINGS OF T HE AUTHORITY, APART FROM THOSE 28 | |
592 | + | NECESSARY TO PAY DEB T SERVICE OR TO IMPL EMENT THE PURPOSES O F THIS 29 | |
593 | + | SUBTITLE, MAY NOT INURE TO THE BENEFIT OF ANY PERSO N OTHER THAN THE 30 | |
594 | + | COUNTY. 31 | |
595 | + | 14 SENATE BILL 557 | |
596 | + | ||
597 | + | ||
598 | + | (B) ON TERMINATION OF THE AUTHORITY, ALL RIGHTS AND TITLE TO ALL 1 | |
599 | + | ASSETS OF THE AUTHORITY SHALL VEST IN, AND ALL OBLIGATIONS AND LIABILITIES 2 | |
600 | + | OF THE AUTHORITY MAY BE TRAN SFERRED TO AND ASSUM ED BY, THE COUNTY. 3 | |
601 | + | ||
602 | + | 12–815. 4 | |
603 | + | ||
604 | + | NOTWITHSTANDING ANY OTHER PROVISION OF T HIS SUBTITLE , THE 5 | |
605 | + | AUTHORITY SHALL COMPL Y WITH ALL APPLICABL E ZONING AND PLANNIN G 6 | |
606 | + | REQUIREMENTS . 7 | |
607 | + | ||
608 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8 | |
609 | + | October 1, 2022. 9 | |
610 | + | ||
611 | + | ||
612 | + | ||
613 | + | ||
614 | + | ||
615 | + | Approved: | |
616 | + | ________________________________________________________________________________ | |
617 | + | Governor. | |
618 | + | ________________________________________________________________________________ | |
619 | + | President of the Senate. | |
620 | + | ________________________________________________________________________________ | |
621 | + | Speaker of the House of Delegates. |