EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0825*
HOUSE BILL 825
L3 3lr2869
CF SB 506
By: Prince George’s County Delegation
Introduced and read first time: February 8, 2023
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Town of Forest Heights (Prince George’s County) – Urban Renewal Authority 2
for Blight Clearance 3
PG 410–23 4
FOR the purpose of granting the Town of Forest Heights in Prince George’s County the 5
authority to exercise urban renewal powers in areas zoned for commercial use for 6
blight clearance and redevelopment under Article III, Section 61 of the Maryland 7
Constitution; authorizing the municipality to levy certain taxes and issue general 8
obligation bonds and revenue bonds to carry out urban renewal powers; and 9
generally relating to urban renewal authority for blight clearance for the Town of 10
Forest Heights in Prince George’s County. 11
BY adding to 12
Chapter 33 – Charter of the Town of Forest Heights 13
Section A1–101 through A1–114 to be under the new heading “Appendix I – Urban 14
Renewal Authority for Blight Clearance” 15
Public Local Laws of Maryland – Compilation of Municipal Charters 16
(2015 Replacement Edition and 2021 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Chapter 33 – Charter of the Town of Forest Heights 20
APPENDIX I – URBAN RENEWAL AUTHORITY FOR BLIGHT CLEARANCE 21
A1–101. DEFINITIONS. 22
(A) IN THIS APPE NDIX THE FOLLOWING W ORDS HAVE THE MEANIN GS 23 2 HOUSE BILL 825
INDICATED. 1
(B) “BLIGHTED AREA ” MEANS AN AREA OR SIN GLE PROPERTY IN WHIC H 2
THE BUILDING OR BUIL DINGS HAVE DECLINED IN PRODUCTIVITY BY R EASON OF 3
OBSOLESCENCE , DEPRECIATION , OR OTHER CAUSES TO A N EXTENT THAT THEY N O 4
LONGER JUSTIFY FUNDA MENTAL REPAIRS AND A DEQUATE MAINTENANCE . 5
(C) “BONDS” MEANS ANY BONDS (INCLUDING REFUNDING BONDS), NOTES, 6
INTERIM CERTIFICATES , CERTIFICATES OF INDE BTEDNESS, DEBENTURES , OR 7
OTHER OBLIGATIONS . 8
(D) “FEDERAL GOVERNMENT ” MEANS THE UNITED STATES OF AMERICA OR 9
ANY AGENCY OR INSTRU MENTALITY, CORPORATE OR OTHERWI SE, OF THE UNITED 10
STATES OF AMERICA. 11
(E) “MUNICIPALITY” MEANS THE TOWN OF FOREST HEIGHTS, MARYLAND. 12
(F) “PERSON” MEANS ANY INDIVIDUAL , FIRM, PARTNERSHIP , 13
CORPORATION , COMPANY, ASSOCIATION, JOINT STOCK ASSOCIAT ION, OR BODY 14
POLITIC. IT INCLUDES ANY TRUST EE, RECEIVER, ASSIGNEE, OR OTHER PERSON 15
ACTING IN SIMILAR RE PRESENTATIVE CAPACIT Y. 16
(G) “URBAN RENEWAL AREA ” MEANS A BLIGHTED ARE A WHICH THE 17
MUNICIPALITY DESIGNA TES AS APPROPRIATE F OR AN URBAN RENEWAL PROJECT. 18
(H) “URBAN RENEWAL PLAN ” MEANS A PLAN , AS IT EXISTS FROM TI ME TO 19
TIME, FOR AN URBAN RENEWAL PROJECT. THE PLAN SHALL BE SUF FICIENTLY 20
COMPLETE TO INDICATE ANY LAND ACQUISITION , DEMOLITION, AND REMOVAL OF 21
STRUCTURES , REDEVELOPME NT, IMPROVEMENTS , AND REHABILITATION A S MAY BE 22
PROPOSED TO BE CARRI ED OUT IN THE URBAN RENEWAL AREA , ZONING AND 23
PLANNING CHANGES , IF ANY, LAND USES, MAXIMUM DENSITY , AND BUILDING 24
REQUIREMENTS . 25
(I) “URBAN RENEWAL PROJECT ” MEANS UNDERTAKINGS A ND ACTIVITIES 26
OF A MUNICIPALITY IN AN URBAN RENEWAL ARE A FOR THE ELIMINATIO N AND FOR 27
THE PREVENTION OF TH E DEVELOPMENT OR SPR EAD OF BLIGHT, AND MAY INVOLVE 28
CLEARANCE AND REDEVE LOPMENT IN AN URBAN RENEWAL AREA , OR 29
REHABILITATION OR CO NSERVATION IN AN URB AN RENEWAL AREA , OR ANY 30
COMBINATION OR PART OF THEM IN ACCORDANC E WITH AN URBAN RENE WAL PLAN. 31
THESE UNDERTAKINGS AN D ACTIVITIES MAY INC LUDE: 32
(1) ACQUISITION OF A BLIG HTED AREA OR PORTION OF THE 33
BLIGHTED AREA ; 34 HOUSE BILL 825 3
(2) DEMOLITION AND REMOVA L OF BUILDINGS AND I MPROVEMENTS ; 1
(3) INSTALLATION , CONSTRUCTION OR RECO NSTRUCTION OF 2
STREETS, UTILITIES, PARKS, PLAYGROUNDS , AND OTHER IMPROVEMEN TS 3
NECESSARY FOR CARRYI NG OUT THE URBAN REN EWAL OBJECTIVES OF T HIS 4
APPENDIX IN ACCORDAN CE WITH THE URBAN RE NEWAL PLAN; 5
(4) DISPOSITION OF ANY PROPERTY ACQUIRE D IN THE URBAN 6
RENEWAL AREA , INCLUDING SALE , INITIAL LEASING , OR RETENTION BY THE 7
MUNICIPALITY ITSELF , AT ITS FAIR VALUE FO R USES IN ACCORDANCE WITH THE 8
URBAN RENEWAL PLAN ; 9
(5) CARRYING OUT PLANS FO R A PROGRAM OF VOLUN TARY OR 10
COMPULSORY REPAIR AND REHA BILITATION OF BUILDI NGS OR OTHER 11
IMPROVEMENTS IN ACCO RDANCE WITH THE URBA N RENEWAL PLAN ; 12
(6) ACQUISITION OF ANY OT HER REAL PROPERTY IN THE URBAN 13
RENEWAL AREA WHERE N ECESSARY TO ELIMINAT E UNHEALTHFUL , UNSANITARY, 14
OR UNSAFE CONDITIONS , LESSEN DENSITY , ELIMINATE OBSOLETE O R OTHER USES 15
DETRIMENTAL TO THE P UBLIC WELFARE , OR OTHERWISE TO REMO VE OR PREVENT 16
THE SPREAD OF BLIGHT OR DETERIORATION , OR TO PROVIDE LAND F OR NEEDED 17
PUBLIC FACILITIES ; AND 18
(7) THE PRESERVATION , IMPROVEMENT , OR EMBE LLISHMENT OF 19
HISTORIC STRUCTURES OR MONUMENTS . 20
A1–102. POWERS. 21
(A) THE MUNICIPALITY MAY UNDERTAKE AND CARRY OUT URBAN RENEWAL 22
PROJECTS IN AREAS OF THE MUNICIPALITY THA T ARE ZONED FOR COMM ERCIAL 23
USE. 24
(B) THESE PROJECTS SHALL BE LIMITED: 25
(1) TO BLIGH T CLEARANCE IN BLIGH TED AREAS AND 26
REDEVELOPMENT OR THE REHABILITATION OF BL IGHTED AREAS ; 27
(2) TO ACQUIRE IN CONNECT ION WITH THOSE PROJE CTS, WITHIN 28
THE CORPORATE LIMITS OF THE MUNICIPALITY , LAND AND PROPERTY OF EVERY 29
KIND AND ANY RIGHT , INTEREST, FRANCHISE, EASEMENT, OR PRIVILEGE , 30
INCLUDING LAND OR PR OPERTY AND ANY RIGHT OR INTEREST ALREADY DEVOTED 31
TO PUBLIC USE, BY PURCHASE, LEASE, GIFT, CONDEMNATION , OR ANY OTHER LEGAL 32 4 HOUSE BILL 825
MEANS; AND 1
(3) TO SELL, LEASE, CONVEY, TRANSFER, OR OTHERWISE DISPOSE OF 2
ANY OF THE LAND OR PROPERTY , REGARDLESS OF WHETHE R OR NOT IT HAS BEEN 3
DEVELOPED , REDEVELOPED , ALTERED, OR IMPROVED AND IRRE SPECTIVE OF THE 4
MANNER OR MEANS IN O R BY WHICH IT MAY HA VE BEEN ACQUIRED , TO ANY PRIVATE, 5
PUBLIC, OR QUASI–PUBLIC CORPORATION , PARTNERSHIP , ASSOCIATION, PERSON, 6
OR OTHER LEGAL ENTIT Y. 7
(C) LAND OR PROPERTY TAKE N BY THE MUNICIPALIT Y FOR ANY OF THESE 8
PURPOSES OR IN CONNE CTION WITH THE EXERC ISE OF ANY OF THE PO WERS WHICH 9
ARE GRANTED BY THIS APPENDIX TO THE MUNI CIPALITY BY EXERCISI NG THE 10
POWER OF EM INENT DOMAIN MAY NOT BE TAKEN WITHOUT JUS T COMPENSATION , 11
AS AGREED ON BETWEEN THE PARTIES, OR AWARDED BY A JURY , BEING FIRST PAID 12
OR TENDERED TO THE P ARTY ENTITLED TO THE COMPENSATION . 13
(D) ALL LAND OR PROPERTY NEEDED OR TAKEN BY T HE EXERCISE OF THE 14
POWER OF EMINENT DOMAIN BY THE MUNICIPALITY FOR ANY OF THESE PURPOSE S 15
OR IN CONNECTION WIT H THE EXERCISE OF AN Y OF THE POWERS GRAN TED BY THIS 16
APPENDIX IS DECLARED TO BE NEEDED OR TAKE N FOR PUBLIC USES AN D 17
PURPOSES. 18
(E) ANY OR ALL OF THE ACT IVITIES AUTHORIZED PURSUANT TO THIS 19
APPENDIX CONSTITUTE GOVERNMENTAL FUNCTIO NS UNDERTAKEN FOR PU BLIC 20
USES AND PURPOSES AN D THE POWER OF TAXAT ION MAY BE EXERCISED , PUBLIC 21
FUNDS EXPENDED , AND PUBLIC CREDIT EX TENDED IN FURTHERANC E OF THEM. 22
A1–103. ADDITIONAL POWERS . 23
THE MUNICIPALITY HAS THE FOL LOWING ADDITIONAL PO WERS. THESE 24
POWERS ARE DECLARED TO BE NECESSARY AND PROPER TO CARRY INTO FULL 25
FORCE AND EFFECT THE SPECIFIC POWERS GRAN TED IN THIS APPENDIX AND TO 26
FULLY ACCOMPLISH THE PURPOSES AND OBJECTS CONTEMPLATED BY THE 27
PROVISIONS OF THIS SECTION : 28
(1) TO MAKE OR HAVE MADE ALL SURVEYS AND PLAN S NECESSARY TO 29
THE CARRYING OUT OF THE PURPOSES OF THIS APPENDIX AND TO ADOP T OR 30
APPROVE, MODIFY, AND AMEND THOSE PLAN S. THESE PLANS MAY INCLU DE, BUT 31
ARE NOT LIMITED TO : 32
(I) PLANS FOR CARRYING OUT A PRO GRAM OF VOLUNTARY OR 33
COMPULSORY REPAIR AN D REHABILITATION OF BUILDINGS AND IMPROV EMENTS; 34
HOUSE BILL 825 5
(II) PLANS FOR THE ENFORCE MENT OF CODES AND 1
REGULATIONS RELATING TO THE USE OF LAND A ND THE USE AND OCCUP ANCY OF 2
BUILDINGS AND IMPROV EMENTS AND TO THE COMPULSORY RE PAIR, 3
REHABILITATION , DEMOLITION, OR REMOVAL OF BUILDI NGS AND IMPROVEMENTS ; 4
AND 5
(III) APPRAISALS, TITLE SEARCHES , SURVEYS, STUDIES, AND 6
OTHER PLANS AND WORK NECESSARY TO PREPARE FOR THE UNDERTAKING OF 7
URBAN RENEWAL PROJEC TS AND REL ATED ACTIVITIES , AND TO APPLY FOR , 8
ACCEPT, AND UTILIZE GRANTS O F FUNDS FROM THE FED ERAL GOVERNMENT OR A NY 9
OTHER GOVERNMENTAL E NTITY FOR THOSE PURP OSES; 10
(2) TO PREPARE PLANS FOR THE RELOCATION OF PE RSONS 11
(INCLUDING FAMILIES , BUSINESS CONCERNS , AND OTHERS ) DISPLACED FROM AN 12
URBAN RENEWAL AREA , AND TO MAKE RELOCATI ON PAYMENTS TO OR WI TH 13
RESPECT TO THOSE PER SONS FOR MOVING EXPE NSES AND LOSSES OF P ROPERTY 14
FOR WHICH REIMBURSEM ENT OR COMPENSATION IS NOT OTHERWISE MAD E, 15
INCLUDING THE MAKING OF PAYMENTS FINANCED BY THE FEDERAL GOVER NMENT; 16
(3) TO APPROPRIATE WHATEV ER FUNDS AND MAKE WH ATEVER 17
EXPENDITURES AS MAY BE NECESSARY TO CARR Y OUT THE PURPOSES O F THIS 18
APPENDIX, INCLUDING, BUT NOT LIMITED : 19
(I) TO THE PAYMENT OF ANY AND ALL COSTS AND EX PENSES 20
INCURRED IN CONNECTION WITH , OR INCIDENTAL TO , THE ACQUISITION OF L AND 21
OR PROPERTY , AND FOR THE DEMOLITI ON, REMOVAL, RELOCATION , RENOVATION , 22
OR ALTERATION OF LAN D, BUILDINGS, STREETS, HIGHWAYS, ALLEYS, UTILITIES, OR 23
SERVICES, AND OTHER STRUCTURES OR IMPROVEMENTS , AND FOR THE 24
CONSTRUCTION , RECONSTRUCTION , INSTALLATION, RELOCATION, OR REPAIR OF 25
STREETS, HIGHWAYS, ALLEYS, UTILITIES, OR SERVICES, IN CONNECTION WITH 26
URBAN RENEWAL PROJEC TS; 27
(II) TO LEVY TAXES AND ASS ESSMENTS FOR THOSE P URPOSES; 28
(III) TO BORROW MONEY AND TO APPLY FOR AND ACCEPT 29
ADVANCES, LOANS, GRANTS, CONTRIBUTIONS , AND ANY OTHER FORM O F FINANCIAL 30
ASSISTANCE FROM THE FEDERAL GOVERNMENT , THE STATE, COUNTY, OR OTHER 31
PUBLIC BODIES, OR FROM ANY SOURCES , PUBLIC OR PRIVATE , FOR THE PURPOSES 32
OF THIS APPENDIX , AND TO GIVE WHATEVER SECURITY AS MAY BE R EQUIRED FOR 33
THIS FINANCIAL ASSIS TANCE; AND 34
(IV) TO INVEST ANY URBAN R ENEWAL FUNDS HELD IN RESERVES 35
OR SINKING FUNDS OR ANY OF THESE FUNDS N OT REQUIRED FOR IMME DIATE 36 6 HOUSE BILL 825
DISBURSEMENT IN PROP ERTY OR SECURITIES W HICH ARE LEGAL INVESTMENT S FOR 1
OTHER MUNICIPAL FUND S; 2
(4) (I) TO HOLD , IMPROVE, CLEAR, OR PREPARE FOR 3
REDEVELOPMENT ANY PR OPERTY ACQUIRED IN C ONNECTION WITH URBAN 4
RENEWAL PROJECTS ; 5
(II) TO MORTGAGE , PLEDGE, HYPOTHECATE , OR OTHERWISE 6
ENCUMBER THAT PROPER TY; AND 7
(III) TO INSURE OR PROVIDE FOR THE INSURANCE OF THE 8
PROPERTY OR OPERATIO NS OF THE MUNICIPALI TY AGAINST ANY RISKS OR 9
HAZARDS, INCLUDING THE POWER TO PAY PREMIUMS ON A NY INSURANCE ; 10
(5) TO MAKE AND EXECUTE A LL CONTRACTS AND OTH ER 11
INSTRUMENTS NE CESSARY OR CONVENIEN T TO THE EXERCISE OF ITS POWERS 12
UNDER THIS APPENDIX , INCLUDING THE POWER TO ENTER INTO AGREEM ENTS WITH 13
OTHER PUBLIC BODIES OR AGENCIES (THESE AGREEMENTS MAY EXTEND OVER ANY 14
PERIOD, NOTWITHSTANDING ANY PROVISION OR RULE OF LAW TO THE CON TRARY), 15
AND TO INCLUDE IN AN Y CONTRACT FOR FINAN CIAL ASSISTANCE WITH THE 16
FEDERAL GOVERNMENT F OR OR WITH RESPECT T O AN URBAN RENEWAL P ROJECT 17
AND RELATED ACTIVITI ES ANY CONDITIONS IM POSED PURSUANT TO FE DERAL LAWS 18
AS THE MUNICIPALITY CONSIDERS REASONABLE AND APPROPRIATE ; 19
(6) TO ENTER INTO ANY BUI LDING OR PROPERTY IN ANY URBAN 20
RENEWAL AREA IN ORDE R TO MAKE INSPECTION S, SURVEYS, APPRAISALS, 21
SOUNDINGS, OR TEST BORINGS , AND TO OBTAIN AN ORD ER FOR THIS PURPOSE FROM 22
THE CIRCUIT COURT FO R THE COUNTY IN WHIC H THE MUNICIPALITY IS SITUA TED IN 23
THE EVENT ENTRY IS D ENIED OR RESISTED ; 24
(7) TO PLAN, REPLAN, INSTALL, CONSTRUCT, RECONSTRUCT , 25
REPAIR, CLOSE, OR VACATE STREETS , ROADS, SIDEWALKS, PUBLIC UTILITIES , 26
PARKS, PLAYGROUNDS , AND OTHER PUBLIC IMP ROVEMENTS IN CONNECT ION WITH 27
AN URBAN RENEWAL PRO JECT AND TO MAKE EXC EPTIONS FROM BUILDIN G 28
REGULATIONS ; 29
(8) TO GENERALLY ORGANIZE , COORDINATE , AND DIRECT THE 30
ADMINISTRATION OF TH E PROVISIONS OF THIS APPENDIX AS THEY APP LY TO THE 31
MUNICIPALITY IN ORDE R THAT THE OBJECTIVE OF REMEDYING BLIGHTED AREA S 32
AND PREVENTING ITS C AUSES WITHIN THE MUN ICIPALITY MAY BE PRO MOTED AND 33
ACHIEVED MOST EFFECT IVELY; AND 34
(9) TO EXERCISE ALL OR AN Y PART OR COMBINATIO N OF THE 35 HOUSE BILL 825 7
POWERS GRANTED IN TH IS APPENDIX. 1
A1–104. ESTABLISHMENT OF URBA N RENEWAL AGENCY. 2
(A) A MUNICIPALITY MAY ITS ELF EXERCISE ALL THE POWERS GRANTED BY 3
THIS APPENDIX , OR MAY, IF ITS LEGISLATIVE B ODY BY ORDINANCE DET ERMINES 4
THE ACTION TO BE IN THE PUBLIC INTEREST , ELECT TO HAVE THE PO WERS 5
EXERCISED BY A SEPAR ATE PUBLIC BODY OR A GENCY. 6
(B) IN THE EVENT THE LEGI SLATIVE BODY MAKES T HAT DETERMINATION , 7
IT SHALL PROCEED BY ORDINANCE TO ESTABLI SH A PUBLIC BODY OR AGENCY TO 8
UNDERTAKE IN THE MUN ICIPALITY THE ACTIVI TIES AUTHORIZED BY T HIS 9
APPENDIX. 10
(C) THE ORDINANCE SHALL I NCLUDE PROVISION S ESTABLISHING THE 11
NUMBER OF MEMBERS OF THE PUBLIC BODY OR A GENCY, THE MANNER OF THEIR 12
APPOINTMENT AND REMO VAL, AND THE TERMS OF THE MEMBERS AND THEIR 13
COMPENSATION . 14
(D) THE ORDINANCE MAY INC LUDE WHATEVER ADDITI ONAL PROVISIONS 15
RELATING TO THE ORGA NIZATION OF THE PUBLIC BODY O R AGENCY AS MAY BE 16
NECESSARY. 17
(E) IN THE EVENT THE LEGI SLATIVE BODY ENACTS THIS ORDINANCE , ALL 18
OF THE POWERS BY THI S APPENDIX GRANTED T O THE MUNICIPALITY , FROM THE 19
EFFECTIVE DATE OF TH E ORDINANCE, ARE VESTED IN THE PU BLIC BODY OR AGE NCY 20
ESTABLISHED BY THE O RDINANCE. 21
A1–105. POWERS WITHHELD FROM THE AGENCY. 22
THE AGENCY MAY NOT : 23
(1) PASS A RESOLUTION TO INITIATE AN URBAN RE NEWAL PROJECT 24
PURSUANT TO SECTIONS A1–102 AND A1–103 OF THIS APPENDIX ; 25
(2) ISSUE GENERAL OBLIGAT ION BONDS P URSUANT TO SECTION 26
A1–111 OF THIS APPENDIX ; OR 27
(3) APPROPRIATE FUNDS OR LEVY TAXES AND ASSES SMENTS 28
PURSUANT TO SECTION A1–103(3) OF THIS APPENDIX . 29
A1–106. INITIATION OF PROJECT . 30
8 HOUSE BILL 825
IN ORDER TO INITIATE AN URBAN RENEWAL PRO JECT, THE LEGISLATIVE 1
BODY OF THE MUNICIPALITY SHA LL ADOPT A RESOLUTIO N WHICH: 2
(1) FINDS THAT ONE OR MOR E BLIGHTED AREAS EXI ST IN THE 3
MUNICIPALITY; 4
(2) LOCATES AND DEFINES T HE BLIGHTED AREA ; AND 5
(3) FINDS THAT THE REHABI LITATION, REDEVELOPMENT , OR A 6
COMBINATION OF THEM , OF THE AREA OR AREAS , IS NECESSARY AND IN THE 7
INTEREST OF THE PUBL IC HEALTH, SAFETY, MORALS, OR WELFARE OF THE 8
RESIDENTS OF THE MUN ICIPALITY. 9
A1–107. PREPARATION AND APPRO VAL OF PLAN FOR URBA N RENEWAL PROJECT . 10
(A) IN ORDER TO CARRY OUT THE PURPOSES OF THIS APPENDIX, THE 11
MUNICIPALITY SHALL H AVE PREPARED AN URBA N RENEWAL PLAN FOR B LIGHTED 12
AREAS IN THE MUNICIP ALITY AND SHALL APPR OVE THE PLAN FORMALL Y. THE 13
MUNICIPALITY SHALL H OLD A PUBLIC HEARING ON AN URBAN RENEWAL PROJECT 14
AFTER PUBLIC NOTICE OF IT BY PUBLICATION IN A NEWSPAPER HAVIN G A GENERAL 15
CIRCULATION WITHIN T HE CORPORATE LIMITS OF THE MUNICIPALITY . THE NOTICE 16
SHALL DESCRIBE THE T IME, DATE, PLACE, AND PURPOSE OF THE H EARING, SHALL 17
GENERALLY IDENTIFY T HE URBAN RENEWAL ARE A COVERED BY THE PLA N, AND 18
SHALL OUTLIN E THE GENERAL SCOPE OF THE URBAN RENEWAL PROJECT UNDER 19
CONSIDERATION . FOLLOWING THE HEARING , THE MUNICIPALITY MAY APPROVE AN 20
URBAN RENEWAL PROJEC T AND THE PLAN THERE FOR IF IT FINDS THAT: 21
(1) A FEASIBLE METHOD EXIS TS FOR THE LOCATION OF ANY 22
FAMILIES OR N ATURAL PERSONS WHO W ILL BE DISPLACED FRO M THE URBAN 23
RENEWAL AREA IN DECE NT, SAFE, AND SANITARY DWELLIN G ACCOMMODATIONS 24
WITHIN THEIR MEANS A ND WITHOUT UNDUE HAR DSHIP TO THE FAMILIE S OR 25
NATURAL PERSONS ; 26
(2) THE URBAN RENEWAL PLA N CONFORMS SUBSTANTI ALLY TO THE 27
MASTER PLAN OF THE M UNICIPALITY AS A WHO LE; AND 28
(3) THE URBAN RENEWAL PLA N WILL AFFORD MAXIMU M 29
OPPORTUNITY , CONSISTENT WITH THE SOUND NEEDS OF THE M UNICIPALITY AS A 30
WHOLE, FOR THE REHABILITATI ON OR REDEVELOPMENT OF THE URBAN RENEWAL 31
AREA BY PRIVATE ENTERPRISE. 32
(B) AN URBAN RENEWAL PLAN MAY BE MODIFIED AT A NY TIME. IF 33
MODIFIED AFTER THE L EASE OR SALE OF REAL PROPERTY IN THE URBA N RENEWAL 34 HOUSE BILL 825 9
PROJECT AREA , THE MODIFICATION MAY BE CONDITIONED ON WH ATEVER 1
APPROVAL OF THE OWNE R, LESSEE, OR SUCCESSOR IN INT EREST AS THE 2
MUNICIPALITY CONSIDE RS ADVISABLE. IN ANY EVENT, IT SHALL BE SUBJECT TO 3
WHATEVER RIGHTS AT L AW OR IN EQUITY AS A LESSEE OR PURCHASER , OR THE 4
SUCCESSOR OR SUCCESS ORS IN INTEREST , MAY BE ENTITLED TO A SSERT. WHERE 5
THE PROPOSED MODIFIC ATION WILL CH ANGE SUBSTANTIALLY T HE URBAN 6
RENEWAL PLAN AS APPR OVED PREVIOUSLY BY T HE MUNICIPALITY , THE 7
MODIFICATION SHALL B E APPROVED FORMALLY BY THE MUNICIPALITY , AS IN THE 8
CASE OF AN ORIGINAL PLAN. 9
(C) ON THE APPROVAL BY TH E MUNICIPALITY OF AN URBAN RENEWAL PLAN 10
OR OF ANY MODIFICATION OF IT, THE PLAN OR MODIFICA TION SHALL BE 11
CONSIDERED TO BE IN FULL FORCE AND EFFEC T FOR THE RESPECTIVE URBAN 12
RENEWAL AREA . THE MUNICIPALITY MAY HAVE THE PLAN OR MOD IFICATION 13
CARRIED OUT IN ACCOR DANCE WITH ITS TERMS . 14
A1–108. DISPOSAL OF PROPERTY IN URBAN RE NEWAL AREA. 15
(A) THE MUNICIPALITY , BY ORDINANCE , MAY SELL, LEASE, OR OTHERWISE 16
TRANSFER REAL PROPER TY OR ANY INTEREST I N IT ACQUIRED BY IT FOR AN URBAN 17
RENEWAL PROJECT TO A NY PERSON FOR RESIDE NTIAL, RECREATIONAL , 18
COMMERCIAL , INDUSTRIAL, EDUCATIONAL , OR OTHER USES OR FOR PUBLIC USE, OR 19
IT MAY RETAIN THE PR OPERTY OR INTEREST F OR PUBLIC USE , IN ACCORDANCE 20
WITH THE URBAN RENEW AL PLAN AND SUBJECT TO WHATEVER COVENANT S, 21
CONDITIONS, AND RESTRICTIONS , INCLUDING COVENANTS RUNNING WITH THE 22
LAND, AS IT CONSIDERS NECE SSARY OR DESIRABLE T O ASSIST IN PREVENTI NG THE 23
DEVELOPMENT OR SPREA D OF FUTURE BLIGHTED AREAS OR TO OTHERWIS E CARRY 24
OUT THE PURPOSES OF THIS APPENDIX. THE PURCHASERS OR LES SEES AND THEIR 25
SUCCESSORS AND ASSIG NS SHALL BE OBLIGATE D TO DEVOTE THE REAL PROPERT Y 26
ONLY TO THE USES SPE CIFIED IN THE URBAN RENEWAL PLAN AND MAY BE 27
OBLIGATED TO COMPLY WITH WHATEVER OTHER REQUIREMENTS THE 28
MUNICIPALITY DETERMI NES TO BE IN THE PUB LIC INTEREST, INCLUDING THE 29
OBLIGATION TO BEGIN WITHIN A REASONABLE TIME ANY IMPROVEMENTS ON THE 30
REAL PROPERTY REQUIR ED BY THE URBAN RENE WAL PLAN. THE REAL PROPERTY 31
OR INTEREST MAY NOT BE SOLD, LEASED, OTHERWISE TRANSFERRE D, OR RETAINED 32
AT LESS THAN ITS FAI R VALUE FOR USES IN ACCORDANCE WITH THE URBAN 33
RENEWAL PLAN . IN DETERMINI NG THE FAIR VALUE OF REAL PROPERTY FOR US ES 34
IN ACCORDANCE WITH T HE URBAN RENEWAL PLA N, THE MUNICIPALITY SHA LL TAKE 35
INTO ACCOUNT AND GIV E CONSIDERATION TO T HE USES PROVIDED IN THE PLAN, 36
THE RESTRICTIONS ON , AND THE COVENANTS , CONDITIONS, AND OBLIGATIONS 37
ASSUMED BY THE PURCHASE R OR LESSEE OR BY TH E MUNICIPALITY RETAI NING THE 38
PROPERTY, AND THE OBJECTIVES O F THE PLAN FOR THE P REVENTION OF THE 39
RECURRENCE OF BLIGHT ED AREAS. IN ANY INSTRUMENT OR CONVEYANCE TO A 40 10 HOUSE BILL 825
PRIVATE PURCHASER OR LESSEE, THE MUNICIPALITY MAY PROVIDE THAT THE 1
PURCHASER OR LESSEE MAY NOT SELL, LEASE, OR OTHERWISE TRANSFE R THE REAL 2
PROPERTY WITHOUT THE PRIOR WRITTEN CONSEN T OF THE MUNICIPALIT Y UNTIL 3
THE PURCHASER OR LES SEE HAS COMPLETED TH E CONSTRUCTION OF AN Y OR ALL 4
IMPROVEMENTS WHICH T HE PURCHASER OR LESSEE HAS BEEN O BLIGATED TO 5
CONSTRUCT ON THE PRO PERTY. REAL PROPERTY ACQUIRE D BY THE MUNICIPALIT Y 6
WHICH, IN ACCORDANCE WITH T HE PROVISIONS OF THE URBAN RENEWAL PLAN , IS 7
TO BE TRANSFERRED , SHALL BE TRANSFERRED AS RAPIDLY AS FEASIB LE IN THE 8
PUBLIC INTER EST CONSISTENT WITH THE CARRYING OUT OF THE PROVISIONS OF 9
THE URBAN RENEWAL PL AN. ANY CONTRACT FOR THE TRANSFER AND THE URB AN 10
RENEWAL PLAN (OR ANY PART OR PARTS OF THE CONTRACT OR P LAN AS THE 11
MUNICIPALITY DETERMI NES) MAY BE RECORDED IN T HE LAND RECORDS OF THE 12
COUNTY IN WHICH THE MUNICIPALITY IS SITU ATED IN A MANNER SO AS TO AFFORD 13
ACTUAL OR CONSTRUCTI VE NOTICE OF IT. 14
(B) THE MUNICIPALITY , BY ORDINANCE , MAY DISPOSE OF REAL PROPERTY 15
IN AN URBAN RENEWAL AREA TO PRIVATE PERS ONS. THE MUNICIPALITY MAY , BY 16
PUBLIC NOTICE BY PUBLICAT ION IN A NEWSPAPER H AVING A GENERAL 17
CIRCULATION IN THE C OMMUNITY, INVITE PROPOSALS FRO M AND MAKE AVAILABLE 18
ALL PERTINENT INFORM ATION TO PRIVATE RED EVELOPERS OR ANY PER SONS 19
INTERESTED IN UNDERT AKING TO REDEVELOP O R REHABILITATE AN UR BAN 20
RENEWAL AREA , OR ANY PART THEREOF . THE NOTICE SHALL IDEN TIFY THE AREA, 21
OR PORTION THEREOF , AND SHALL STATE THAT PROPOSALS SHALL BE M ADE BY 22
THOSE INTERESTED WIT HIN A SPECIFIED PERI OD. THE MUNICIPALITY SHAL L 23
CONSIDER ALL REDEVEL OPMENT OR REHABILITA TION PROPO SALS AND THE 24
FINANCIAL AND LEGAL ABILITY OF THE PERSO NS MAKING PROPOSALS TO CARRY 25
THEM OUT, AND MAY NEGOTIATE WI TH ANY PERSONS FOR P ROPOSALS FOR THE 26
PURCHASE, LEASE, OR OTHER TRANSFER OF ANY REAL PROPERTY AC QUIRED BY 27
THE MUNICIPALITY IN THE URBAN RENEWAL A REA. THE MUNICIPALITY MAY ACCEPT 28
ANY PROPOSAL AS IT D EEMS TO BE IN THE PU BLIC INTEREST AND IN FURTHERANCE 29
OF THE PURPOSES OF T HIS APPENDIX. THEREAFTER , THE MUNICIPALITY MAY 30
EXECUTE AND DELIVER CONTRACTS, DEEDS, LEASES, AND OTHER INSTRUMENT S 31
AND TAKE ALL ST EPS NECESSARY TO EFF ECTUATE THE TRANSFER S. 32
(C) THE MUNICIPALITY MAY OPERATE TEMPORARILY AND MAINTAIN REAL 33
PROPERTY ACQUIRED BY IT IN AN URBAN RENEW AL AREA FOR OR IN CO NNECTION 34
WITH AN URBAN RENEWA L PROJECT PENDING TH E DISPOSITION OF THE PROPERTY 35
AS AUTHORIZED IN THIS APPEND IX, WITHOUT REGARD TO TH E PROVISIONS OF 36
SUBSECTION (A) OF THIS SECTION , FOR USES AND PURPOSE S CONSIDERED 37
DESIRABLE EVEN THOUG H NOT IN CONFORMITY WITH THE URBAN RENEW AL PLAN. 38
(D) ANY INSTRUMENT EXECUT ED BY THE MUNICIPALI TY AND PURPORTI NG 39
TO CONVEY ANY RIGHT , TITLE, OR INTEREST IN ANY P ROPERTY UNDER THIS 40 HOUSE BILL 825 11
APPENDIX SHALL BE PR ESUMED CONCLUSIVELY TO HAVE BEEN EXECUTE D IN 1
COMPLIANCE WITH THE PROVISIONS OF THIS A PPENDIX INSOFAR AS T ITLE OR 2
OTHER INTEREST OF AN Y BONA FIDE PURCHASE RS, LESSEES, OR TRANSFEREES OF 3
THE PROPERTY IS CONC ERNED. 4
A1–109. EMINENT DOMAIN . 5
CONDEMNATION OF LAND OR PROPERTY UNDER TH E PROVISIONS OF THIS 6
APPENDIX SHALL BE IN ACCORDANCE WITH THE PROCEDURE PROVIDED I N THE 7
REAL PROPERTY ARTICLE OF THE ANNOTATED CODE OF MARYLAND. 8
A1–110. ENCOURAGEMENT OF PRIV ATE ENTERPRISE . 9
THE MUNICIPALITY , TO THE EXTENT IT DET ERMINES TO BE FEASIB LE IN 10
CARRYING OUT THE PRO VISIONS OF THIS APPE NDIX, SHALL AFFORD MAXIMUM 11
OPPORTUNITY TO THE R EHABILITATION OR RED EVELOPMENT OF ANY UR BAN 12
RENEWAL ARE A BY PRIVATE ENTERPR ISE CONSISTENT WITH THE SOUND NEEDS OF 13
THE MUNICIPALITY AS A WHOLE. THE MUNICIPALITY SHAL L GIVE CONSIDERATION 14
TO THIS OBJECTIVE IN EXERCISING ITS POWER S UNDER THIS APPENDI X. 15
A1–111. GENERAL OBLIGATION BO NDS. 16
FOR THE PURPOSE OF FINANCING AND CARRYI NG OUT AN URBAN RENE WAL 17
PROJECT AND RELATED ACTIVITIES, THE MUNICIPALITY MAY ISSUE AND SELL ITS 18
GENERAL OBLIGATION B ONDS. ANY BONDS ISSUED BY T HE MUNICIPALITY 19
PURSUANT TO THIS SEC TION SHALL BE ISSUED IN THE MANNER AND WI THIN THE 20
LIMITATIONS PRESCRIBED BY A PPLICABLE LAW FOR TH E ISSUANCE AND 21
AUTHORIZATION OF GEN ERAL OBLIGATION BOND S BY THE MUNICIPALIT Y, AND 22
ALSO WITHIN LIMITATI ONS DETERMINED BY TH E MUNICIPALITY. 23
A1–112. REVENUE BONDS . 24
(A) IN ADDITION TO THE AU THORITY CONFERRED BY SECTION A1–111 OF 25
THIS APPENDIX, THE MUNICIPALITY MAY ISSUE REVENUE BONDS TO FINANCE THE 26
UNDERTAKING OF ANY U RBAN RENEWAL PROJECT AND RELATED ACTIVITI ES. ALSO, 27
IT MAY ISSUE REFUNDI NG BONDS FOR THE PAY MENT OR RETIREMENT O F THE 28
BONDS ISSUED PREVIOU SLY BY IT. THE BONDS SHALL BE MADE P AYABLE, AS TO 29
BOTH PRINCIPAL AND I NTEREST, SOLELY FROM THE INCO ME, PROCEEDS, 30
REVENUES, AND FUNDS OF THE MUN ICIPALITY DERIVED FR OM OR HELD IN 31
CONNECTION WITH THE UNDERTAKING AND CARR YING OUT OF URBAN RE NEWAL 32
PROJECTS UNDER THIS APPENDIX. HOWEVER, PAYMENT OF THE BONDS , BOTH AS 33
TO PRINCIPAL AND INT EREST, MAY BE FURTHER SECUR ED BY A PLEDGE OF AN Y 34
LOAN, GRANT, OR CONTRIBUTION FROM THE FEDERAL GOVERNME NT OR OTHER 35 12 HOUSE BILL 825
SOURCE, IN AID OF ANY URBAN RENEWAL PROJECTS OF THE MUNICIPALITY UND ER 1
THIS APPENDIX, AND BY A MORTGAGE OF ANY URBAN RENEWAL PR OJECT, OR ANY 2
PART OF A PROJECT , TITLE TO WHICH IS IN THE MUNICIPALITY . IN ADDITION, THE 3
MUNICIPALITY MAY ENT ER INTO AN INDENTURE OF TRUST WITH ANY PR IVATE 4
BANKING INSTITUTION OF THIS STATE HAVING TRUST PO WERS AND MAY MAKE IN 5
THE INDENTURE OF TRU ST COVENANTS AND COM MITMENTS REQUIRED BY ANY 6
PURCHASER FOR THE AD EQUATE SECURITY OF T HE BONDS. 7
(B) BONDS ISSUED UNDER TH IS SECTION DO NOT CO NSTITUTE AN 8
INDEBTEDNESS WITHIN THE MEANING OF ANY C ONSTITUTIONAL OR STA TUTORY 9
DEBT LIMITATION OR R ESTRICTION, ARE NOT SUBJECT TO T HE PROVISIONS OF ANY 10
OTHER LAW OR CHARTER RELATING TO THE AUTH ORIZATION, ISSUANCE, OR SALE 11
OF BONDS , AND ARE EXEMPTED SPE CIFICALLY FROM THE R ESTRICTIONS 12
CONTAINED IN §§ 19–205 AND 19–206 OF THE LOCAL GOVERNMENT ARTICLE OF 13
THE ANNOTATED CODE OF MARYLAND. BONDS ISSUED UNDER TH E PROVISIONS OF 14
THIS APPENDIX ARE DE CLARED TO BE ISSUED FOR AN ESSENTIAL PUB LIC AND 15
GOVERNMENTAL PURPOSE AND, TOGETHER WITH INTERE ST ON THEM AND INCOM E 16
FROM THEM, ARE EXEMPT FROM ALL TAXES. 17
(C) BONDS ISSUED UNDER TH IS SECTION SHALL BE AUTHORIZED BY 18
RESOLUTION OR ORDINA NCE OF THE LEGISLATI VE BODY OF THE MUNIC IPALITY. 19
THEY MAY BE ISSUED IN ONE OR MORE SERIES A ND SHALL: 20
(1) BEAR A DATE OR DATES ; 21
(2) MATURE AT A TIME OR T IMES; 22
(3) BEAR INTEREST AT A RA TE OR RATES; 23
(4) BE IN A DENOMINATION OR DENOMINATIONS ; 24
(5) BE IN A FORM EITHER W ITH OR WITHOUT COUPO N OR 25
REGISTERED; 26
(6) CARRY A CONVERSION OR REGISTRATION PRIVILE GE; 27
(7) HAVE A RANK OR PRIORI TY; 28
(8) BE EXECUTED IN A MANNER; 29
(9) BE PAYABLE IN A MEDIU M OF PAYMENT , AT A PLACE OR PLACES , 30
AND BE SUBJECT TO TE RMS OF REDEMPTION (WITH OR WITHOUT PREM IUM); 31
HOUSE BILL 825 13
(10) BE SECURED IN A MANNE R; AND 1
(11) HAVE OTHER CHARACTERI STICS, AS ARE PROVIDED BY T HE 2
RESOLUTION, TRUST INDENT URE, OR MORTGAGE ISSUED P URSUANT TO IT. 3
(D) THESE BONDS MAY NOT B E SOLD AT LESS THAN PAR VALUE AT PUBLIC 4
SALES WHICH ARE HELD AFTER NOTICE IS PUBL ISHED PRIOR TO THE S ALE IN A 5
NEWSPAPER HAVING A G ENERAL CIRCULATION I N THE AREA IN WHICH THE 6
MUNICIPALITY IS LOCATED AND IN WHATE VER OTHER MEDIUM OF PUBLICATION AS 7
THE MUNICIPALITY MAY DETERMINE. THE BONDS MAY BE EXCH ANGED ALSO FOR 8
OTHER BONDS ON THE B ASIS OF PAR. HOWEVER, THE BONDS MAY NOT BE SOLD TO 9
THE FEDERAL GOVERNME NT AT PRIVATE SALE A T LESS THAN PAR , AND, IN THE 10
EVENT LESS THAN ALL OF THE AUTHORIZED PR INCIPAL AMOUNT OF TH E BONDS IS 11
SOLD TO THE FEDERAL GOVERNMENT , THE BALANCE MAY NOT BE SOLD AT PRIVATE 12
SALE AT LESS THAN PA R AT AN INTEREST COS T TO THE MUNICIPALIT Y WHICH DOES 13
NOT EXCEED THE INTER EST COST TO THE MUNICIPALITY OF T HE PORTION OF THE 14
BONDS SOLD TO THE FE DERAL GOVERNMENT . 15
(E) IN CASE ANY OF THE PU BLIC OFFICIALS OF TH E MUNICIPALITY WHOSE 16
SIGNATURES APPEAR ON ANY BONDS OR COUPONS ISSUED UNDER THIS AP PENDIX 17
CEASE TO BE OFFICIAL S OF THE MUNICIPALIT Y BEFORE THE DELIVERY O F THE 18
BONDS OR IN THE EVEN T ANY OF THE OFFICIA LS HAVE BECOME SUCH AFTER THE 19
DATE OF ISSUE OF THE M, THE BONDS ARE VALID AND BINDING OBLIGATI ONS OF THE 20
MUNICIPALITY IN ACCO RDANCE WITH THEIR TE RMS. ANY PROVISION OF ANY LAW 21
TO THE CONTRARY NOTWITHSTANDING , ANY BONDS ISSUED PUR SUANT TO THIS 22
APPENDIX ARE FULLY N EGOTIABLE. 23
(F) IN ANY SUIT, ACTION, OR PROCEEDING INVOLV ING THE VALIDITY OR 24
ENFORCEABILITY OF AN Y BOND ISSUED UNDER THIS APPENDIX, OR THE SECURITY 25
FOR IT, ANY BOND WHICH RECIT ES IN SUBSTANCE THAT IT HAS BEEN ISSUED BY THE 26
MUNICIPALITY IN CONN ECTION WITH AN URBAN RENEWAL PROJECT SHAL L BE 27
CONSIDERED CONCLUSIV ELY TO HAVE BEEN ISS UED FOR THAT PURPOSE , AND THE 28
PROJECT SHALL BE CON SIDERED CONCLUSIVELY TO HAVE BEEN PLANNED , 29
LOCATED, AND CARRI ED OUT IN ACCORDANCE WITH THE PROVISIONS OF THIS 30
APPENDIX. 31
(G) ALL BANKS, TRUST COMPANIES , BANKERS, SAVINGS BANKS , AND 32
INSTITUTIONS, BUILDING AND LOAN AS SOCIATIONS, SAVINGS AND LOAN 33
ASSOCIATIONS, INVESTMENT COMPANIES , AND OTHER PERSONS CA RRYING ON A 34
BANKING OR INVESTMENT BU SINESS; ALL INSURANCE COMPAN IES, INSURANCE 35
ASSOCIATIONS, AND OTHER PERSONS CA RRYING ON AN INSURAN CE BUSINESS; AND 36
ALL EXECUTORS , ADMINISTRATORS , CURATORS, TRUSTEES, AND OTHER 37
FIDUCIARIES, MAY LEGALLY INVEST A NY SINKING FUNDS , MONEYS, OR OTHER 38 14 HOUSE BILL 825
FUNDS BELONGING TO T HEM OR WITHIN THEIR CONTROL IN ANY BONDS OR OTHER 1
OBLIGATIONS ISSUED B Y THE MUNICIPALITY P URSUANT TO THIS APPE NDIX. 2
HOWEVER, THE BONDS AND OTHER OBLIGATIONS SHALL BE SECURED BY AN 3
AGREEMENT BETWEEN TH E ISSUER AND THE FED ERAL GOVERNMENT IN WHICH THE 4
ISSUER AGREES TO BOR ROW FROM THE FEDERAL GOVERNMENT AND THE F EDERAL 5
GOVERNMENT AGREES TO LEND TO THE ISSUER , PRIOR TO THE MATURIT Y OF THE 6
BONDS OR OTHER OBLIG ATIONS, MONEYS IN AN AMOUNT WHICH (TOGETHER WITH 7
ANY OTHER MONEYS COM MITTED IRREVOCABLY TO THE PAY MENT OF PRINCIPAL 8
AND INTEREST ON THE BONDS OR OTHER OBLIG ATIONS) WILL SUFFICE TO PAY THE 9
PRINCIPAL OF THE BON DS OR OTHER OBLIGATI ONS WITH INTEREST TO MATURITY 10
ON THEM. THE MONEYS UNDER THE TERMS OF THE AGREEME NT SHALL BE 11
REQUIRED TO BE USED FOR THE PURPOSE OF PAYING THE PRINCI PAL OF AND THE 12
INTEREST ON THE BOND S OR OTHER OBLIGATIO NS AT THEIR MATURITY . THE BONDS 13
AND OTHER OBLIGATION S SHALL BE AUTHORIZE D SECURITY FOR ALL P UBLIC 14
DEPOSITS. THIS SECTION AUTHORIZ ES ANY PERSONS OR PU BLIC OR PR IVATE 15
POLITICAL SUBDIVISIO NS AND OFFICERS TO U SE ANY FUNDS OWNED O R 16
CONTROLLED BY THEM F OR THE PURCHASE OF A NY BONDS OR OTHER 17
OBLIGATIONS. WITH REGARD TO LEGAL INVESTMENTS , THIS SECTION MAY NOT BE 18
CONSTRUED TO RELIEVE ANY PERSON OF ANY DU TY OF EXERCISING R EASONABLE 19
CARE IN SELECTING SE CURITIES. 20
A1–113. SHORT TITLE. 21
THIS APPENDIX SHALL B E KNOWN AND MAY BE C ITED AS THE FOREST 22
HEIGHTS URBAN RENEWAL AUTHORITY FOR BLIGHT CLEARANCE ACT. 23
A1–114. AUTHORITY TO AMEND OR REPEAL. 24
THIS APPENDIX, ENACTED PURSUANT TO ARTICLE III, SECTION 61 OF THE 25
MARYLAND CONSTITUTION, MAY BE AMENDED OR RE PEALED ONLY BY THE 26
GENERAL ASSEMBLY OF MARYLAND. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2023. 29