Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 209 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 209 | |
5 | - | (House Bill 825) | |
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 | + | Italics indicate opposite chamber/conference committee amendments. | |
9 | + | *hb0825* | |
8 | 10 | ||
9 | - | Town of Forest Heights (Prince George’s County) – Urban Renewal Authority | |
10 | - | for Blight Clearance | |
11 | + | HOUSE BILL 825 | |
12 | + | L3 (3lr2869) | |
13 | + | ENROLLED BILL | |
14 | + | — Environment and Transportation/Finance — | |
15 | + | Introduced by Prince George’s County Delegation | |
11 | 16 | ||
12 | - | ||
17 | + | Read and Examined by Proofreaders: | |
13 | 18 | ||
14 | - | FOR the purpose of granting the Town of Forest Heights in Prince George’s County the | |
15 | - | authority to exercise urban renewal powers in areas zoned for commercial or | |
16 | - | residential use for blight clearance and redevelopment under Article III, Section 61 | |
17 | - | of the Maryland Constitution; authorizing the municipality to levy certain taxes and | |
18 | - | issue general obligation bonds and revenue bonds to carry out urban renewal powers; | |
19 | - | and generally relating to urban renewal authority for blight clearance for the Town | |
20 | - | of Forest Heights in Prince George’s County. | |
19 | + | _______________________________________________ | |
20 | + | Proofreader. | |
21 | + | _______________________________________________ | |
22 | + | Proofreader. | |
21 | 23 | ||
22 | - | BY adding to | |
23 | - | Chapter 33 – Charter of the Town of Forest Heights | |
24 | - | Section A1–101 through A1–114 to be under the new heading “Appendix I – Urban | |
25 | - | Renewal Authority for Blight Clearance” | |
26 | - | Public Local Laws of Maryland – Compilation of Municipal Charters | |
27 | - | (2015 Replacement Edition and 2021 Supplement) | |
24 | + | Sealed with the Great Seal and presented to the Governor, for his approval this | |
28 | 25 | ||
29 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
30 | - | That the Laws of Maryland read as follows: | |
26 | + | _______ day of _______________ at __ ______________________ o’clock, ________M. | |
31 | 27 | ||
32 | - | Chapter 33 – Charter of the Town of Forest Heights | |
28 | + | ______________________________________________ | |
29 | + | Speaker. | |
33 | 30 | ||
34 | - | ||
31 | + | CHAPTER ______ | |
35 | 32 | ||
36 | - | ||
33 | + | AN ACT concerning 1 | |
37 | 34 | ||
38 | - | ( | |
39 | - | ||
35 | + | Town of Forest Heights (Prince George’s County) – Urban Renewal Authority 2 | |
36 | + | for Blight Clearance 3 | |
40 | 37 | ||
41 | - | (B) “BLIGHTED AREA ” MEANS AN AREA OR SIN GLE PROPERTY IN WHIC H | |
42 | - | THE BUILDING OR BUIL DINGS HAVE DECLINED IN PRODUCTIVI TY BY REASON OF | |
43 | - | OBSOLESCENCE , DEPRECIATION , OR OTHER CAUSES TO A N EXTENT THAT THEY N O | |
44 | - | LONGER JUSTIFY FUNDA MENTAL REPAIRS AND A DEQUATE MAINTENANCE . | |
38 | + | PG 410–23 4 | |
45 | 39 | ||
46 | - | (C) “BONDS” MEANS ANY BONDS (INCLUDING REFUNDING BONDS), NOTES, | |
47 | - | INTERIM CERTIFICATES , CERTIFICATES OF INDE BTEDNESS, DEBENTURES , OR | |
48 | - | OTHER OBLIGATIONS . Ch. 209 2023 LAWS OF MARYLAND | |
40 | + | FOR the purpose of granting the Town of Forest Heights in Prince George’s County the 5 | |
41 | + | authority to exercise urban renewal powers in areas zoned for commercial or 6 | |
42 | + | residential use for blight clearance and redevelopment under Article III, Section 61 7 | |
43 | + | of the Maryland Constitution; authorizing the municipality to levy certain taxes and 8 | |
44 | + | issue general obligation bonds and revenue bonds to carry out urban renewal powers; 9 | |
45 | + | and generally relating to urban renewal authority for blight clearance for the Town 10 | |
46 | + | of Forest Heights in Prince George’s County. 11 | |
49 | 47 | ||
50 | - | – 2 – | |
48 | + | BY adding to 12 | |
49 | + | Chapter 33 – Charter of the Town of Forest Heights 13 2 HOUSE BILL 825 | |
51 | 50 | ||
52 | - | (D) “FEDERAL GOVERNMENT ” MEANS THE UNITED STATES OF AMERICA OR | |
53 | - | ANY AGENCY OR INSTRU MENTALITY, CORPORATE OR OTHERWI SE, OF THE UNITED | |
54 | - | STATES OF AMERICA. | |
55 | 51 | ||
56 | - | (E) “MUNICIPALITY” MEANS THE TOWN OF FOREST HEIGHTS, MARYLAND. | |
52 | + | Section A1–101 through A1–114 to be under the new heading “Appendix I – Urban 1 | |
53 | + | Renewal Authority for Blight Clearance” 2 | |
54 | + | Public Local Laws of Maryland – Compilation of Municipal Charters 3 | |
55 | + | (2015 Replacement Edition and 2021 Supplement) 4 | |
57 | 56 | ||
58 | - | (F) “PERSON” MEANS ANY INDIVIDUAL , FIRM, PARTNERSHIP , | |
59 | - | CORPORATION , COMPANY, ASSOCIATION, JOINT STOCK ASSOCIAT ION, OR BODY | |
60 | - | POLITIC. IT INCLUDES ANY TRUST EE, RECEIVER, ASSIGNEE, OR OTHER PERSON | |
61 | - | ACTING IN SIMILAR RE PRESENTATIVE CAPACIT Y. | |
57 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5 | |
58 | + | That the Laws of Maryland read as follows: 6 | |
62 | 59 | ||
63 | - | (G) “URBAN RENEWAL AREA ” MEANS A BLIGHTED ARE A WHICH THE | |
64 | - | MUNICIPALITY DESIGNA TES AS APPROPRIATE F OR AN URBAN RENEWAL PROJECT. | |
60 | + | Chapter 33 – Charter of the Town of Forest Heights 7 | |
65 | 61 | ||
66 | - | (H) “URBAN RENEWAL PLAN ” MEANS A PLAN , AS IT EXISTS FROM TI ME TO | |
67 | - | TIME, FOR AN URBAN RENEWAL PROJECT. THE PLAN SHALL BE SUF FICIENTLY | |
68 | - | COMPLET E TO INDICATE ANY LA ND ACQUISITION , DEMOLITION, AND REMOVAL OF | |
69 | - | STRUCTURES , REDEVELOPMENT , IMPROVEMENTS , AND REHABILITATION A S MAY BE | |
70 | - | PROPOSED TO BE CARRI ED OUT IN THE URBAN RENEWAL AREA , ZONING AND | |
71 | - | PLANNING CHANGES , IF ANY, LAND USES, MAXIMUM DENSITY , AND BUILDING | |
72 | - | REQUIREMENTS . | |
62 | + | APPENDIX I – URBAN RENEWAL AUTHORITY FOR BLIGHT CLEARANCE 8 | |
73 | 63 | ||
74 | - | (I) “URBAN RENEWAL PROJECT ” MEANS UNDERTAKINGS A ND ACTIVITIES | |
75 | - | OF A MUNICIPALITY IN AN URBAN RENEWAL ARE A FOR THE ELIMINATIO N AND FOR | |
76 | - | THE PREVENTION OF TH E DEVELOPMENT OR SPR EAD OF BLIGHT, AND MAY INVOLVE | |
77 | - | CLEARANCE AND REDEVE LOPMENT IN AN URBAN RENEWAL AREA, OR | |
78 | - | REHABILITATION OR CO NSERVATION IN AN URB AN RENEWAL AREA , OR ANY | |
79 | - | COMBINATION OR PART OF THEM IN ACCORDANC E WITH AN URBAN RENE WAL PLAN. | |
80 | - | THESE UNDERTAKINGS AN D ACTIVITIES MAY INC LUDE: | |
64 | + | A1–101. DEFINITIONS. 9 | |
81 | 65 | ||
82 | - | ( | |
83 | - | ||
66 | + | (A) IN THIS APPENDIX THE FOLLOWING WORDS HAVE THE MEANINGS 10 | |
67 | + | INDICATED. 11 | |
84 | 68 | ||
85 | - | (2) DEMOLITION AND REMOVA L OF BUILDINGS AND I MPROVEMENTS ; | |
69 | + | (B) “BLIGHTED AREA ” MEANS AN AREA OR SINGLE PROPERTY IN W HICH 12 | |
70 | + | THE BUILDING OR BUIL DINGS HAVE DECLINED IN PRODUCTIVITY BY R EASON OF 13 | |
71 | + | OBSOLESCENCE , DEPRECIATION , OR OTHER CAUSES TO A N EXTENT THAT THEY N O 14 | |
72 | + | LONGER JUSTIFY FUNDA MENTAL REPAIRS AND A DEQUATE MAINTENANCE . 15 | |
86 | 73 | ||
87 | - | (3) INSTALLATION , CONSTRUCTION OR RECO NSTRUCTION OF | |
88 | - | STREETS, UTILITIES, PARKS, PLAYGROUNDS , AND OTHER IMPROVEMEN TS | |
89 | - | NECESSARY FOR CARRYI NG OUT THE URBAN REN EWAL OBJECT IVES OF THIS | |
90 | - | APPENDIX IN ACCORDAN CE WITH THE URBAN RE NEWAL PLAN; | |
74 | + | (C) “BONDS” MEANS ANY BONDS (INCLUDING REFUNDING BONDS), NOTES, 16 | |
75 | + | INTERIM CERTIFICATES , CERTIFICATES OF INDE BTEDNESS, DEBENTURES , OR 17 | |
76 | + | OTHER OBLIGATIONS . 18 | |
91 | 77 | ||
92 | - | (4) DISPOSITION OF ANY PR OPERTY ACQUIRED IN T HE URBAN | |
93 | - | RENEWAL AREA , INCLUDING SALE , INITIAL LEASING , OR RETENTION BY THE WES MOORE, Governor Ch. 209 | |
78 | + | (D) “FEDERAL GOVERNMENT ” MEANS THE UNITED STATES OF AMERICA OR 19 | |
79 | + | ANY AGENCY OR INSTRU MENTALITY, CORPORATE OR OTHERWI SE, OF THE UNITED 20 | |
80 | + | STATES OF AMERICA. 21 | |
94 | 81 | ||
95 | - | – 3 – | |
96 | - | MUNICIPALITY ITSELF , AT ITS FAIR VALUE FO R USES IN ACCORDANCE WITH THE | |
97 | - | URBAN RENEWAL PLAN ; | |
82 | + | (E) “MUNICIPALITY” MEANS THE TOWN OF FOREST HEIGHTS, MARYLAND. 22 | |
98 | 83 | ||
99 | - | (5) CARRYING OUT PLANS FO R A PROGRAM OF VOLUN TARY OR | |
100 | - | COMPULSORY REPAIR AN D REHABILITATION OF BUILDINGS OR OTHER | |
101 | - | IMPROVEMENTS IN ACCO RDANCE WITH THE URBA N RENEWAL PLAN ; | |
84 | + | (F) “PERSON” MEANS ANY INDIVIDUAL , FIRM, PARTNERSHIP , 23 | |
85 | + | CORPORATION , COMPANY, ASSOCIATION, JOINT STOCK ASSOCIAT ION, OR BODY 24 | |
86 | + | POLITIC. IT INCLUDES ANY TRUST EE, RECEIVER, ASSIGNEE, OR OTHER PERSON 25 | |
87 | + | ACTING IN SIMILAR RE PRESENTATIVE CAPACIT Y. 26 | |
102 | 88 | ||
103 | - | (6) ACQUISITION OF ANY OT HER REAL PROPERTY IN THE URBAN | |
104 | - | RENEWAL AREA WHERE NEC ESSARY TO ELIMINATE UNHEALTHFUL , UNSANITARY, | |
105 | - | OR UNSAFE CONDITIONS , LESSEN DENSITY , ELIMINATE OBSOLETE O R OTHER USES | |
106 | - | DETRIMENTAL TO THE P UBLIC WELFARE , OR OTHERWISE TO REMO VE OR PREVENT | |
107 | - | THE SPREAD OF BLIGHT OR DETERIORATION , OR TO PROVID E LAND FOR NEEDED | |
108 | - | PUBLIC FACILITIES ; AND | |
89 | + | (G) “URBAN RENEWAL AREA ” MEANS A BLIGHTED ARE A WHICH THE 27 | |
90 | + | MUNICIPALITY DESIGNA TES AS APPROPRIATE F OR AN URBAN RENEWAL PROJECT. 28 | |
109 | 91 | ||
110 | - | (7) THE PRESERVATION , IMPROVEMENT , OR EMBELLISHMENT OF | |
111 | - | HISTORIC STRUCTURES OR MONUMENTS . | |
92 | + | (H) “URBAN RENEWAL PLAN ” MEANS A PLAN , AS IT EXISTS FROM TIME TO 29 | |
93 | + | TIME, FOR AN URBAN RENEWAL PROJECT. THE PLAN SHALL BE SUF FICIENTLY 30 | |
94 | + | COMPLETE TO INDICATE ANY LAND ACQUISITION , DEMOLITION, AND REMOVAL OF 31 | |
95 | + | STRUCTURES , REDEVELOPMENT , IMPROVEMENTS , AND REHABILITATION A S MAY BE 32 | |
96 | + | PROPOSED TO BE CARRI ED OUT IN THE URBAN RENEWAL AREA , ZONING AND 33 HOUSE BILL 825 3 | |
112 | 97 | ||
113 | - | A1–102. POWERS. | |
114 | 98 | ||
115 | - | (A) THE MUNICIPALITY MAY UNDERTAKE AND CARRY OUT URBAN RENEWAL | |
116 | - | PROJECTS IN AREAS OF THE MUNICIPALITY THA T ARE ZONED FOR COMM ERCIAL OR | |
117 | - | RESIDENTIAL USE. | |
99 | + | PLANNING CHANGES , IF ANY, LAND USES, MAXIMUM DENSITY , AND BUILDING 1 | |
100 | + | REQUIREMENTS . 2 | |
118 | 101 | ||
119 | - | (B) THESE PROJECTS SHALL BE LIMITED: | |
102 | + | (I) “URBAN RENEWAL PROJECT ” MEANS UNDERTAKINGS A ND ACTIVITIES 3 | |
103 | + | OF A MUNICIPALITY IN AN URBAN RENEWAL ARE A FOR THE ELIMINATIO N AND FOR 4 | |
104 | + | THE PREVENTION O F THE DEVELOPMENT OR SPREAD OF BLIGHT , AND MAY INVOLVE 5 | |
105 | + | CLEARANCE AND REDEVE LOPMENT IN AN URBAN RENEWAL AREA , OR 6 | |
106 | + | REHABILITATION OR CO NSERVATION IN AN URB AN RENEWAL AREA , OR ANY 7 | |
107 | + | COMBINATION OR PART OF THEM IN ACCORDANC E WITH AN URBAN RENE WAL PLAN. 8 | |
108 | + | THESE UNDE RTAKINGS AND ACTIVIT IES MAY INCLUDE : 9 | |
120 | 109 | ||
121 | - | (1) | |
122 | - | ||
110 | + | (1) ACQUISITION OF A BLIG HTED AREA OR PORTION OF THE 10 | |
111 | + | BLIGHTED AREA ; 11 | |
123 | 112 | ||
124 | - | (2) TO ACQUIRE IN CONNECT ION WITH THOSE PROJE CTS, WITHIN | |
125 | - | THE CORPORATE LIMITS OF THE MUNICIPALITY , LAND AND PROPERTY OF EVERY | |
126 | - | KIND AND ANY RIGHT , INTEREST, FRANCHISE, EASEMENT, OR PRIVILEGE , | |
127 | - | INCLUDING LAND OR PR OPERTY AND ANY RIGHT OR INTEREST ALREADY DEVOTED | |
128 | - | TO PUBLIC USE, BY PURCHASE, LEASE, GIFT, CONDEMNATION , OR ANY OTHER LEGAL | |
129 | - | MEANS; AND | |
113 | + | (2) DEMOLITION AND REMOVA L OF BUILDINGS AND I MPROVEMENTS ; 12 | |
130 | 114 | ||
131 | - | (3) TO SELL, LEASE, CONVEY, TRANSFER, OR OTHERWISE DISPOSE OF | |
132 | - | ANY OF THE LAND OR P ROPERTY, REGARDLESS OF WHETHE R OR NOT IT HAS BEEN | |
133 | - | DEVELOPED , REDEVELOPED , ALTERED, OR IMPROVED AND IRRE SPECTIVE OF THE | |
134 | - | MANNER OR MEANS IN O R BY WHICH IT MAY HAVE BE EN ACQUIRED, TO ANY PRIVATE, | |
135 | - | PUBLIC, OR QUASI–PUBLIC CORPORATION , PARTNERSHIP , ASSOCIATION, PERSON, | |
136 | - | OR OTHER LEGAL ENTIT Y. | |
115 | + | (3) INSTALLATION , CONSTRUCTION OR RECO NSTRUCTION OF 13 | |
116 | + | STREETS, UTILITIES, PARKS, PLAYGROUNDS , AND OTHER IMPROVEMEN TS 14 | |
117 | + | NECESSARY FOR CARRYI NG OUT THE URBAN REN EWAL OBJECTIVES OF T HIS 15 | |
118 | + | APPENDIX IN ACCORDAN CE WITH THE URBAN RE NEWAL PLAN; 16 | |
137 | 119 | ||
138 | - | (C) LAND OR PROPERTY TAKE N BY THE MUNICIPALIT Y FOR ANY OF THESE | |
139 | - | PURPOSES OR IN CONNE CTION WITH THE EXERC ISE OF ANY OF THE POWERS WH ICH Ch. 209 2023 LAWS OF MARYLAND | |
120 | + | (4) DISPOSITION OF ANY PR OPERTY ACQUIRED IN T HE URBAN 17 | |
121 | + | RENEWAL AREA , INCLUDING SALE , INITIAL LEASING , OR RETENTION BY THE 18 | |
122 | + | MUNICIPALITY ITSELF , AT ITS FAIR VALUE FO R USES IN ACCORDANCE WITH THE 19 | |
123 | + | URBAN RENEWAL PLAN ; 20 | |
140 | 124 | ||
141 | - | – 4 – | |
142 | - | ARE GRANTED BY THIS APPENDIX TO THE MUNI CIPALITY BY EXERCISI NG THE | |
143 | - | POWER OF EMINENT DOM AIN MAY NOT BE TAKEN WITHOUT JUST COMPENS ATION, | |
144 | - | AS AGREED ON BETWEEN THE PARTIES, OR AWARDED BY A JURY , BEING FIRST PAID | |
145 | - | OR TENDERED TO THE P ARTY ENTITLED TO THE CO MPENSATION . | |
125 | + | (5) CARRYING OUT PLANS FO R A PROGRAM OF VOLUN TARY OR 21 | |
126 | + | COMPULSORY REPAIR AN D REHABILITATION OF BUILDINGS OR OTHER 22 | |
127 | + | IMPROVEMENTS IN ACCO RDANCE WIT H THE URBAN RENEWAL PLAN; 23 | |
146 | 128 | ||
147 | - | (D) ALL LAND OR PROPERTY NEEDED OR TAKEN BY T HE EXERCISE OF THE | |
148 | - | POWER OF EMINENT DOM AIN BY THE MUNICIPAL ITY FOR ANY OF THESE PURPOSES | |
149 | - | OR IN CONNECTION WIT H THE EXERCISE OF AN Y OF THE POWERS GRAN TED BY THIS | |
150 | - | APPENDIX IS DECL ARED TO BE NEEDED OR TAKEN FOR PUBLIC USE S AND | |
151 | - | PURPOSES. | |
129 | + | (6) ACQUISITION OF ANY OT HER REAL PROPERTY IN THE URBAN 24 | |
130 | + | RENEWAL AREA WHERE N ECESSARY TO ELIMINAT E UNHEALTHFUL , UNSANITARY, 25 | |
131 | + | OR UNSAFE CONDITIONS , LESSEN DENSITY , ELIMINATE OBSOLETE O R OTHER USES 26 | |
132 | + | DETRIMENTAL TO THE P UBLIC WELFARE , OR OTHERWISE TO REMO VE OR PREVENT 27 | |
133 | + | THE SPREAD OF BLIGHT OR DETERIORATION , OR TO PROVIDE LAND F OR NEEDED 28 | |
134 | + | PUBLIC FACILITIES ; AND 29 | |
152 | 135 | ||
153 | - | (E) ANY OR ALL OF THE ACT IVITIES AUTHORIZED P URSUANT TO THIS | |
154 | - | APPENDIX CONSTITUTE GOVERNMENTAL FUNCTIO NS UNDERTAKEN FOR PU BLIC | |
155 | - | USES AND PURPOSES AN D THE POWER OF TAXAT ION MAY BE EXERCISED , PUBLIC | |
156 | - | FUNDS EXPENDED , AND PUBLIC CREDIT EX TENDED IN FURTHERANC E OF THEM. | |
136 | + | (7) THE PRESERVATION , IMPROVEMENT , OR EMBELLISHMENT OF 30 | |
137 | + | HISTORIC STRUCTURES OR MONUMENTS . 31 | |
157 | 138 | ||
158 | - | A1–103. ADDITIONAL POWERS . | |
139 | + | A1–102. POWERS. 32 | |
140 | + | 4 HOUSE BILL 825 | |
159 | 141 | ||
160 | - | THE MUNICIPALITY HAS THE FOLLOWING ADDITI ONAL POWERS . THESE | |
161 | - | POWERS ARE DECLARED TO BE NECESSARY AND PROPER TO CARRY INTO FULL | |
162 | - | FORCE AND EFFECT THE SPECIFIC POWER S GRANTED IN THIS AP PENDIX AND TO | |
163 | - | FULLY ACCOMPLISH THE PURPOSES AND OBJECTS CONTEMPLATED BY THE | |
164 | - | PROVISIONS OF THIS S ECTION: | |
165 | 142 | ||
166 | - | (1) TO MAKE OR HAVE MADE ALL SURVEYS AND PLAN S NECESSARY TO | |
167 | - | THE CARRYING OUT OF THE PURPOSES OF THIS APPENDIX AND TO ADOP T OR | |
168 | - | APPROVE, MODIFY, AND AMEND THOSE PLAN S. THESE PLANS MAY INCLU DE, BUT | |
169 | - | ARE NOT LIMITED TO : | |
143 | + | (A) THE MUNICIPAL ITY MAY UNDERTAKE AN D CARRY OUT URBAN RE NEWAL 1 | |
144 | + | PROJECTS IN AREAS OF THE MUNICIPALITY THA T ARE ZONED FOR COMM ERCIAL OR 2 | |
145 | + | RESIDENTIAL USE. 3 | |
170 | 146 | ||
171 | - | (I) PLANS FOR CARRYING OU T A PROGRAM OF VOLUN TARY OR | |
172 | - | COMPULSORY REPAIR AN D REHABILITATION OF BUILDINGS AND IMPROV EMENTS; | |
147 | + | (B) THESE PROJECTS SHALL BE LIMITED: 4 | |
173 | 148 | ||
174 | - | (II) PLANS FOR THE ENFORCE MENT OF CODES AND | |
175 | - | REGULATIONS RELATING TO THE USE OF LAND A ND THE USE AND OCCUP ANCY OF | |
176 | - | BUILDINGS AND IMPROV EMENTS AND TO THE CO MPULSORY REPAIR , | |
177 | - | REHABILITATION , DEMOLITION, OR REMOVAL OF BUILDI NGS AND IMPROVEMENTS ; | |
178 | - | AND | |
149 | + | (1) TO BLIGHT CLEARANCE I N BLIGHTED AREAS AND 5 | |
150 | + | REDEVELOPMENT OR THE REHABILITATION OF BL IGHTED AREAS ; 6 | |
179 | 151 | ||
180 | - | (III) APPRAISALS, TITLE SEARCHES , SURVEYS, STUDIES, AND | |
181 | - | OTHER PLANS AND WORK NECESSARY TO PREPARE FOR THE UNDERTAKING OF | |
182 | - | URBAN RENEWAL PROJEC TS AND RELATED ACTIV ITIES, AND TO APPLY FOR , | |
183 | - | ACCEPT, AND UTILIZE GRANTS O F FUNDS FROM THE FED ERAL GOVERNMENT OR A NY | |
184 | - | OTHER GOVERNMENTAL E NTITY FOR THOSE PURP OSES; WES MOORE, Governor Ch. 209 | |
152 | + | (2) TO ACQUIRE IN CONNECT ION WITH THOSE PROJE CTS, WITHIN 7 | |
153 | + | THE CORPORATE LIMITS OF THE MUNICIPALITY , LAND AND PROPERTY OF EVERY 8 | |
154 | + | KIND AND ANY RIGHT , INTEREST, FRANCHISE, EASEMENT, OR PRIVILEGE , 9 | |
155 | + | INCLUDING LAND OR PR OPERTY AND ANY RIGHT OR INTE REST ALREADY DEVOTED 10 | |
156 | + | TO PUBLIC USE, BY PURCHASE, LEASE, GIFT, CONDEMNATION , OR ANY OTHER LEGAL 11 | |
157 | + | MEANS; AND 12 | |
185 | 158 | ||
186 | - | – 5 – | |
159 | + | (3) TO SELL, LEASE, CONVEY, TRANSFER, OR OTHERWISE DISPOSE OF 13 | |
160 | + | ANY OF THE LAND OR P ROPERTY, REGARDLESS OF WHETHE R OR NOT IT HAS BEEN 14 | |
161 | + | DEVELOPED , REDEVELOPED , ALTERED, OR IMPROVED AND IRRE SPECTIVE OF THE 15 | |
162 | + | MANNER OR MEANS IN O R BY WHICH IT MAY HA VE BEEN ACQUIRED , TO ANY PRIVATE, 16 | |
163 | + | PUBLIC, OR QUASI–PUBLIC CORPORATION , PARTNERSHIP , ASSOCIATION, PERSON, 17 | |
164 | + | OR OTHER LEGAL ENTIT Y. 18 | |
187 | 165 | ||
188 | - | ( | |
189 | - | ||
190 | - | ||
191 | - | ||
192 | - | ||
193 | - | ||
166 | + | (C) LAND OR PROPERTY TAKEN BY TH E MUNICIPALITY FOR A NY OF THESE 19 | |
167 | + | PURPOSES OR IN CONNE CTION WITH THE EXERC ISE OF ANY OF THE PO WERS WHICH 20 | |
168 | + | ARE GRANTED BY THIS APPENDIX TO THE MUNI CIPALITY BY EXERCISI NG THE 21 | |
169 | + | POWER OF EMINENT DOM AIN MAY NOT BE TAKEN WITHOUT JUST COMPENS ATION, 22 | |
170 | + | AS AGREED ON BETWEEN THE PARTIES, OR AWARDED BY A JURY , BEING FIRST PAID 23 | |
171 | + | OR TENDERED TO THE P ARTY ENTITLED TO THE COMPENSATION . 24 | |
194 | 172 | ||
195 | - | (3) TO APPROPRIATE WHATEV ER FUNDS AND MAKE WH ATEVER | |
196 | - | EXPENDITURES AS MAY BE NECESSARY TO CARR Y OUT THE PURPOSES O F THIS | |
197 | - | APPENDIX, INCLUDING, BUT NOT LIMITED : | |
173 | + | (D) ALL LAND OR PROPERTY NEEDED OR TAKEN BY T HE EXERCISE OF THE 25 | |
174 | + | POWER OF EMINENT DOM AIN BY THE MUNICIPAL ITY FOR ANY OF THESE PURPOSES 26 | |
175 | + | OR IN CONNECTION WIT H THE EXERCISE OF AN Y OF THE POWERS GRAN TED BY THIS 27 | |
176 | + | APPENDIX IS DECLARED TO BE NEEDED OR TAKE N FOR PUBLIC USES AN D 28 | |
177 | + | PURPOSES. 29 | |
198 | 178 | ||
199 | - | (I) TO THE PAYMENT OF ANY AND ALL COSTS AND EX PENSES | |
200 | - | INCURRED IN CONNECTI ON WITH, OR INCIDENTAL TO , THE ACQUISITION OF L AND | |
201 | - | OR PROPERTY , AND FOR THE DEMOLITI ON, REMOVAL, RELOCATION , RENOVATION , | |
202 | - | OR ALTERATION OF LAN D, BUILDINGS, STREETS, HIGHWAYS, ALLEYS, UTILITIES, OR | |
203 | - | SERVICES, AND OTHER STRUCTURES OR IMPROVEMENTS , AND FOR THE | |
204 | - | CONSTRUCTION , RECONSTRUCTION , INSTALLATION, RELOCATION, OR REPAIR OF | |
205 | - | STREETS, HIGHWAYS, ALLEYS, UTILITIES, OR SERVICES, IN CONNECTION WITH | |
206 | - | URBAN RENEWAL PROJECTS ; | |
179 | + | (E) ANY OR ALL OF THE ACT IVITIES AUTHORIZED P URSUANT TO THIS 30 | |
180 | + | APPENDIX CONSTITUTE GOVERNMENTAL FUNCT IONS UNDERTAKEN FOR PUBLIC 31 | |
181 | + | USES AND PURPOSES AN D THE POWER OF TAXAT ION MAY BE EXERCISED , PUBLIC 32 | |
182 | + | FUNDS EXPENDED , AND PUBLIC CREDIT EX TENDED IN FURTHERANC E OF THEM. 33 | |
207 | 183 | ||
208 | - | (II) TO LEVY TAXES AND ASS ESSMENTS FOR THOSE P URPOSES; | |
184 | + | A1–103. ADDITIONAL POWERS . 34 | |
185 | + | HOUSE BILL 825 5 | |
209 | 186 | ||
210 | - | (III) TO BORROW MONEY AND T O APPLY FOR AND ACCE PT | |
211 | - | ADVANCES, LOANS, GRANTS, CONTRIBUTIONS , AND ANY OTHER FORM O F FINANCIAL | |
212 | - | ASSISTANCE FROM THE FEDERAL GOVERNMENT , THE STATE, COUNTY, OR OTHER | |
213 | - | PUBLIC BODIES, OR FROM ANY SOURCES , PUBLIC OR PRIVATE , FOR THE PURPOSES | |
214 | - | OF THIS APPENDIX , AND TO GIVE WHATEVER SECURITY AS MAY BE R EQUIRED FOR | |
215 | - | THIS FINANCIAL ASSIS TANCE; AND | |
216 | 187 | ||
217 | - | (IV) TO INVEST ANY URBAN R ENEWAL FUNDS HELD IN RESERVES | |
218 | - | OR SINKING FUNDS OR ANY OF THESE FUNDS NOT R EQUIRED FOR IMMEDIAT E | |
219 | - | DISBURSEMENT IN PROP ERTY OR SECURITIES W HICH ARE LEGAL INVES TMENTS FOR | |
220 | - | OTHER MUNICIPAL FUND S; | |
188 | + | THE MUNICIPALITY HAS THE FOLLOWING ADDITI ONAL POWERS . THESE 1 | |
189 | + | POWERS ARE DECLARED TO BE NECESSARY AND PROPER TO CARRY INTO FULL 2 | |
190 | + | FORCE AND EFFECT THE SPECIFIC POWERS GRAN TED IN THIS APPENDIX AND TO 3 | |
191 | + | FULLY ACCOMPLISH THE PURPOSES AND OBJECTS CONTEMPLATED BY THE 4 | |
192 | + | PROVISIONS OF THIS S ECTION: 5 | |
221 | 193 | ||
222 | - | (4) (I) TO HOLD , IMPROVE, CLEAR, OR PREPARE FOR | |
223 | - | REDEVELOPMENT ANY PR OPERTY ACQUIRED IN C ONNECTION WITH URBAN | |
224 | - | RENEWAL PROJECTS ; | |
194 | + | (1) TO MAKE OR HAVE MADE ALL SURVEYS AND PLANS NE CESSARY TO 6 | |
195 | + | THE CARRYING OUT OF THE PURPOSES OF THIS APPENDIX AND TO ADOP T OR 7 | |
196 | + | APPROVE, MODIFY, AND AMEND THOSE PLAN S. THESE PLANS MAY INCLU DE, BUT 8 | |
197 | + | ARE NOT LIMITED TO : 9 | |
225 | 198 | ||
226 | - | (II) TO MORTGAGE , PLEDGE, HYPOTHECATE , OR OTHERWISE | |
227 | - | ENCUMBER THAT PROPER TY; AND | |
228 | - | Ch. 209 2023 LAWS OF MARYLAND | |
199 | + | (I) PLANS FOR CARRYING OU T A PROGRAM OF VOLUN TARY OR 10 | |
200 | + | COMPULSORY REPAIR AND REHABILIT ATION OF BUILDINGS A ND IMPROVEMENTS ; 11 | |
229 | 201 | ||
230 | - | – 6 – | |
231 | - | (III) TO INSURE OR PROVIDE FOR THE INSURANCE OF THE | |
232 | - | PROPERTY OR OPERATIO NS OF THE MUNICIPALI TY AGAINST ANY RISKS OR | |
233 | - | HAZARDS, INCLUDING TH E POWER TO PAY PREMI UMS ON ANY INSURANCE ; | |
202 | + | (II) PLANS FOR THE ENFORCE MENT OF CODES AND 12 | |
203 | + | REGULATIONS RELATING TO THE USE OF LAND A ND THE USE AND OCCUP ANCY OF 13 | |
204 | + | BUILDINGS AND IMPROV EMENTS AND TO THE CO MPULSORY REPAIR , 14 | |
205 | + | REHABILITATION , DEMOLITIO N, OR REMOVAL OF BUILDI NGS AND IMPROVEMENTS ; 15 | |
206 | + | AND 16 | |
234 | 207 | ||
235 | - | (5) TO MAKE AND EXECUTE A LL CONTRACTS AND OTH ER | |
236 | - | INSTRUMENTS NECESSAR Y OR CONVENIENT TO T HE EXERCISE OF ITS P OWERS | |
237 | - | UNDER THIS APPENDIX , INCLUDING THE POWER TO ENTER INTO AGREEM ENTS WITH | |
238 | - | OTHER PUBLIC BODIES OR AGENCIES (THESE AGREEMENTS MAY EXTEND OVER ANY | |
239 | - | PERIOD, NOTWITHSTANDING ANY PROVISION OR RULE OF LAW TO THE CONTRARY ), | |
240 | - | AND TO INCLUDE IN AN Y CONTRACT FOR FINAN CIAL ASSISTANCE WITH THE | |
241 | - | FEDERAL GOVERNMENT F OR OR WITH RESPECT T O AN URBAN RENEWAL P ROJECT | |
242 | - | AND RELATED ACTIVITIES ANY CO NDITIONS IMPOSED PUR SUANT TO FEDERAL LAW S | |
243 | - | AS THE MUNICIPALITY CONSIDERS REASONABLE AND APPROPRIATE ; | |
208 | + | (III) APPRAISALS, TITLE SEARCHES , SURVEYS, STUDIES, AND 17 | |
209 | + | OTHER PLANS AND WORK NECESSARY TO PREPARE FOR THE UNDERTAKING OF 18 | |
210 | + | URBAN RENEWAL PROJEC TS AND RELATED ACTIV ITIES, AND TO APPLY FOR , 19 | |
211 | + | ACCEPT, AND UTILIZE GRANTS OF FUNDS F ROM THE FEDERAL GOVE RNMENT OR ANY 20 | |
212 | + | OTHER GOVERNMENTAL E NTITY FOR THOSE PURP OSES; 21 | |
244 | 213 | ||
245 | - | (6) TO ENTER INTO ANY BUI LDING OR PROPERTY IN ANY URBAN | |
246 | - | RENEWAL AREA IN ORDE R TO MAKE INSPECTION S, SURVEYS, APPRAISALS, | |
247 | - | SOUNDINGS, OR TEST BORINGS, AND TO OBTAIN AN ORD ER FOR THIS PURPOSE FROM | |
248 | - | THE CIRCUIT COURT FO R THE COUNTY IN WHIC H THE MUNICIPALITY I S SITUATED IN | |
249 | - | THE EVENT ENTRY IS D ENIED OR RESISTED ; | |
214 | + | (2) TO PREPARE PLANS FOR THE RELOCATION OF PE RSONS 22 | |
215 | + | (INCLUDING FAMILIES , BUSINESS CONCERNS , AND OTHERS ) DISPLACED FROM AN 23 | |
216 | + | URBAN RENEWAL AREA , AND TO MAKE RELOCATION PAYMENTS TO OR WITH 24 | |
217 | + | RESPECT TO THOSE PER SONS FOR MOVING EXPE NSES AND LOSSES OF P ROPERTY 25 | |
218 | + | FOR WHICH REIMBURSEM ENT OR COMPENSATION IS NOT OTHERWISE MAD E, 26 | |
219 | + | INCLUDING THE MAKING OF PAYMENTS FINANCED BY THE FEDERAL GOVER NMENT; 27 | |
250 | 220 | ||
251 | - | (7) TO PLAN, REPLAN, INSTALL, CONSTRUCT, RECONSTRUCT , | |
252 | - | REPAIR, CLOSE, OR VACATE S TREETS, ROADS, SIDEWALKS, PUBLIC UTILITIES , | |
253 | - | PARKS, PLAYGROUNDS , AND OTHER PUBLIC IMP ROVEMENTS IN CONNECT ION WITH | |
254 | - | AN URBAN RENEWAL PRO JECT AND TO MAKE EXC EPTIONS FROM BUILDIN G | |
255 | - | REGULATIONS ; | |
221 | + | (3) TO APPROPRIATE WHATEVER FUNDS AND M AKE WHATEVER 28 | |
222 | + | EXPENDITURES AS MAY BE NECESSARY TO CARR Y OUT THE PURPOSES O F THIS 29 | |
223 | + | APPENDIX, INCLUDING, BUT NOT LIMITED : 30 | |
256 | 224 | ||
257 | - | (8) TO GENERALLY ORGANIZE , COORDINATE , AND DIRECT THE | |
258 | - | ADMINISTRAT ION OF THE PROVISION S OF THIS APPENDIX A S THEY APPLY TO THE | |
259 | - | MUNICIPALITY IN ORDE R THAT THE OBJECTIVE OF REMEDYING BLIGHTE D AREAS | |
260 | - | AND PREVENTING ITS C AUSES WITHIN THE MUN ICIPALITY MAY BE PRO MOTED AND | |
261 | - | ACHIEVED MOST EFFECT IVELY; AND | |
225 | + | (I) TO THE PAYMENT OF ANY AND ALL COSTS AND EX PENSES 31 | |
226 | + | INCURRED IN CONNECTI ON WITH, OR INCIDENTAL TO , THE ACQUISITIO N OF LAND 32 | |
227 | + | OR PROPERTY , AND FOR THE DEMOLITI ON, REMOVAL, RELOCATION , RENOVATION , 33 | |
228 | + | OR ALTERATION OF LAN D, BUILDINGS, STREETS, HIGHWAYS, ALLEYS, UTILITIES, OR 34 | |
229 | + | SERVICES, AND OTHER STRUCTURES OR IMPROVEMENTS , AND FOR THE 35 | |
230 | + | CONSTRUCTION , RECONSTRUCTION , INSTALLATIO N, RELOCATION, OR REPAIR OF 36 6 HOUSE BILL 825 | |
262 | 231 | ||
263 | - | (9) TO EXERCISE ALL OR ANY PART OR COMBINAT ION OF THE | |
264 | - | POWERS GRANTED IN TH IS APPENDIX. | |
265 | 232 | ||
266 | - | A1–104. ESTABLISHMENT OF URBA N RENEWAL AGENCY . | |
233 | + | STREETS, HIGHWAYS, ALLEYS, UTILITIES, OR SERVICES, IN CONNECTION WITH 1 | |
234 | + | URBAN RENEWAL PROJEC TS; 2 | |
267 | 235 | ||
268 | - | (A) A MUNICIPALITY MAY ITS ELF EXERCISE ALL THE POWERS GRANTED BY | |
269 | - | THIS APPENDIX , OR MAY, IF ITS LEGISLATIVE B ODY BY ORDINANCE DET ERMINES | |
270 | - | THE ACTION TO BE IN THE PUBLIC INTEREST , ELECT TO HAVE THE PO WERS | |
271 | - | EXERCISED BY A SEPAR ATE PUBLIC BODY OR A GENCY. | |
272 | - | WES MOORE, Governor Ch. 209 | |
236 | + | (II) TO LEVY TAXES AND ASS ESSMENTS FOR THOSE P URPOSES; 3 | |
273 | 237 | ||
274 | - | – 7 – | |
275 | - | (B) IN THE EVENT THE LEGI SLATIVE BODY MAKES T HAT DETERMINATION , | |
276 | - | IT SHALL PROCEED BY ORDINANCE TO ESTABLI SH A PUBLIC BODY OR AGENCY TO | |
277 | - | UNDERTAKE I N THE MUNICIPALITY T HE ACTIVITIES AUTHOR IZED BY THIS | |
278 | - | APPENDIX. | |
238 | + | (III) TO BORROW MONEY AND T O APPLY FOR AND ACCE PT 4 | |
239 | + | ADVANCES, LOANS, GRANTS, CONTRIBUTIONS , AND ANY OTHER FORM O F FINANCIAL 5 | |
240 | + | ASSISTANCE FROM THE FEDERAL GOVERNMENT , THE STATE, COUNTY, OR OTHER 6 | |
241 | + | PUBLIC BODIES, OR FROM ANY SOURCES , PUBLIC OR PRIVATE , FOR THE PURPOSES 7 | |
242 | + | OF THIS APPENDIX , AND TO GIVE WHATEVER SECURITY AS MAY BE R EQUIRED FOR 8 | |
243 | + | THIS FINANCIAL ASSIS TANCE; AND 9 | |
279 | 244 | ||
280 | - | ( | |
281 | - | ||
282 | - | ||
283 | - | ||
245 | + | (IV) TO INVEST ANY URBAN R ENEWAL FUNDS HELD IN RESERVES 10 | |
246 | + | OR SINKING FUNDS OR ANY OF THESE FUNDS N OT REQUIRED FOR IMME DIATE 11 | |
247 | + | DISBURSEMENT IN PROP ERTY OR SECURITIES W HICH ARE LEGAL INVES TMENTS FOR 12 | |
248 | + | OTHER MUNICIPAL FUND S; 13 | |
284 | 249 | ||
285 | - | ( | |
286 | - | ||
287 | - | ||
250 | + | (4) (I) TO HOLD , IMPROVE, CLEAR, OR PREPARE FOR 14 | |
251 | + | REDEVELOPMENT ANY PR OPERTY ACQUIRED IN C ONNECTION WITH URBAN 15 | |
252 | + | RENEWAL PROJECTS ; 16 | |
288 | 253 | ||
289 | - | (E) IN THE EVENT THE LEGI SLATIVE BODY ENACTS THIS ORDINANCE , ALL | |
290 | - | OF THE POWERS BY THI S APPENDIX G RANTED TO THE MUNICI PALITY, FROM THE | |
291 | - | EFFECTIVE DATE OF TH E ORDINANCE, ARE VESTED IN THE PU BLIC BODY OR AGENCY | |
292 | - | ESTABLISHED BY THE O RDINANCE. | |
254 | + | (II) TO MORTGAGE , PLEDGE, HYPOTHECATE , OR OTHERWISE 17 | |
255 | + | ENCUMBER THAT PROPER TY; AND 18 | |
293 | 256 | ||
294 | - | A1–105. POWERS WITHHELD FROM THE AGENCY. | |
257 | + | (III) TO INSURE OR PROVIDE FOR THE INSURANCE OF THE 19 | |
258 | + | PROPERTY OR OPERATIO NS OF THE MUNICIPALI TY AGAINST ANY RISKS OR 20 | |
259 | + | HAZARDS, INCLUDING THE POWER TO PAY PREMIUMS ON A NY INSURANCE ; 21 | |
295 | 260 | ||
296 | - | THE AGENCY MAY NOT : | |
261 | + | (5) TO MAKE AND EXECUTE A LL CONTRACTS AND OTH ER 22 | |
262 | + | INSTRUMENTS NECESSAR Y OR CONVENIENT TO T HE EXERCISE OF ITS P OWERS 23 | |
263 | + | UNDER THIS APPENDIX , INCLUDING THE POWER TO ENTER INTO AGREEM ENTS WITH 24 | |
264 | + | OTHER PUBLIC BODIES OR AGENCIES (THESE AGREEMENTS MAY EXTEND OVER ANY 25 | |
265 | + | PERIOD, NOTWITHSTANDING ANY PROVISION OR RULE OF LAW TO THE CONTRARY ), 26 | |
266 | + | AND TO INCLUDE IN AN Y CONTRACT FOR FINA NCIAL ASSISTANCE WIT H THE 27 | |
267 | + | FEDERAL GOVERNMENT F OR OR WITH RESPECT T O AN URBAN RENEWAL P ROJECT 28 | |
268 | + | AND RELATED ACTIVITI ES ANY CONDITIONS IM POSED PURSUANT TO FE DERAL LAWS 29 | |
269 | + | AS THE MUNICIPALITY CONSIDERS REASONABLE AND APPROPRIATE ; 30 | |
297 | 270 | ||
298 | - | (1) PASS A RESOLUTION TO INITIATE AN URBAN RE NEWAL PROJECT | |
299 | - | PURSUANT TO SECTIONS A1–102 AND A1–103 OF THIS APPENDIX ; | |
271 | + | (6) TO ENTER INTO ANY BUI LDING OR PROPERTY IN ANY U RBAN 31 | |
272 | + | RENEWAL AREA IN ORDE R TO MAKE INSPECTION S, SURVEYS, APPRAISALS, 32 | |
273 | + | SOUNDINGS, OR TEST BORINGS , AND TO OBTAIN AN ORD ER FOR THIS PURPOSE FROM 33 | |
274 | + | THE CIRCUIT COURT FO R THE COUNTY IN WHIC H THE MUNICIPALITY I S SITUATED IN 34 | |
275 | + | THE EVENT ENTRY IS D ENIED OR RESISTED ; 35 | |
276 | + | HOUSE BILL 825 7 | |
300 | 277 | ||
301 | - | (2) ISSUE GENERAL OBLIGAT ION BONDS PURSUANT T O SECTION | |
302 | - | A1–111 OF THIS APPENDIX ; OR | |
303 | 278 | ||
304 | - | (3) APPROPRIATE FUNDS OR LEVY TAXES AND ASSES SMENTS | |
305 | - | PURSUANT TO SECTION A1–103(3) OF THIS APPENDIX . | |
279 | + | (7) TO PLAN, REPLAN, INSTALL, CONSTRUCT, RECONSTRUCT , 1 | |
280 | + | REPAIR, CLOSE, OR VACATE STREETS , ROADS, SIDEWALKS, PUBLIC UTILITIES , 2 | |
281 | + | PARKS, PLAYGROUNDS , AND OTHER PUBLIC IMP ROVEMENTS IN CONNECT ION WITH 3 | |
282 | + | AN URBAN RENEWAL PRO JECT AND TO MAKE EXC EPTIONS FROM BUILDING 4 | |
283 | + | REGULATIONS ; 5 | |
306 | 284 | ||
307 | - | A1–106. INITIATION OF PROJECT . | |
285 | + | (8) TO GENERALLY ORGANIZE , COORDINATE , AND DIRECT THE 6 | |
286 | + | ADMINISTRATION OF TH E PROVISIONS OF THIS APPENDIX AS THEY APP LY TO THE 7 | |
287 | + | MUNICIPALITY IN ORDE R THAT THE OBJECTIVE OF REMEDYING BLIGHTE D AREAS 8 | |
288 | + | AND PREVENTING ITS C AUSES WITHIN THE MUNICIPAL ITY MAY BE PROMOTED AND 9 | |
289 | + | ACHIEVED MOST EFFECT IVELY; AND 10 | |
308 | 290 | ||
309 | - | | |
310 | - | ||
291 | + | (9) TO EXERCISE ALL OR AN Y PART OR COMBINATIO N OF THE 11 | |
292 | + | POWERS GRANTED IN TH IS APPENDIX. 12 | |
311 | 293 | ||
312 | - | (1) FINDS THAT ONE OR MOR E BLIGHTED AREAS EXI ST IN THE | |
313 | - | MUNICIPALITY; | |
294 | + | A1–104. ESTABLISHMENT OF URBA N RENEWAL AGENCY . 13 | |
314 | 295 | ||
315 | - | (2) LOCATES AND DEFINES T HE BLIGHTED AREA ; AND | |
296 | + | (A) A MUNICIPALITY MAY ITS ELF EXERCISE A LL THE POWERS GRANTE D BY 14 | |
297 | + | THIS APPENDIX , OR MAY, IF ITS LEGISLATIVE B ODY BY ORDINANCE DET ERMINES 15 | |
298 | + | THE ACTION TO BE IN THE PUBLIC INTEREST , ELECT TO HAVE THE PO WERS 16 | |
299 | + | EXERCISED BY A SEPAR ATE PUBLIC BODY OR A GENCY. 17 | |
316 | 300 | ||
317 | - | (3) FINDS THAT THE REHABI LITATION, REDEVELOPMENT , OR A | |
318 | - | COMBINATION OF THEM , OF THE AREA OR AREAS , IS NECESSARY AND IN THE Ch. 209 2023 LAWS OF MARYLAND | |
301 | + | (B) IN THE EVENT THE LEGI SLATIVE BODY MAKES T HAT DETERMINATION , 18 | |
302 | + | IT SHALL PROCEED BY ORDINANCE TO ESTABLI SH A PUBLIC BODY OR AGENCY TO 19 | |
303 | + | UNDERTAKE IN THE MUN ICIPALITY THE ACTIVI TIES AUTHORIZED BY T HIS 20 | |
304 | + | APPENDIX. 21 | |
319 | 305 | ||
320 | - | – 8 – | |
321 | - | INTEREST OF THE PUBL IC HEALTH, SAFETY, MORALS, OR WELFARE OF THE | |
322 | - | RESIDENTS OF THE MUN ICIPALITY. | |
306 | + | (C) THE ORDINANCE SHALL I NCLUDE PROVISIONS ES TABLISHING THE 22 | |
307 | + | NUMBER OF MEMBERS OF THE PUBLIC BODY OR AGENCY , THE MANNER OF THEIR 23 | |
308 | + | APPOINTMENT AND REMO VAL, AND THE TERMS OF THE MEMBERS AND THEIR 24 | |
309 | + | COMPENSATION . 25 | |
323 | 310 | ||
324 | - | A1–107. PREPARATION AND APPRO VAL OF PLAN FOR URBA N RENEWAL PROJECT . | |
311 | + | (D) THE ORDINANCE MAY INC LUDE WHATEVER ADDITI ONAL PROVISIONS 26 | |
312 | + | RELATING TO THE ORGA NIZATION OF THE PUBL IC BODY OR AGENCY AS MAY BE 27 | |
313 | + | NECESSARY. 28 | |
325 | 314 | ||
326 | - | (A) IN ORDER TO CARRY OUT THE PURPOSES OF THIS APPENDIX, THE | |
327 | - | MUNICIPALITY SHALL H AVE PREPARED AN URBA N RENEWAL PLAN FOR B LIGHTED | |
328 | - | AREAS IN THE MUNICIP ALITY AND SHALL APPR OVE THE PLAN FORMALL Y. THE | |
329 | - | MUNICIPALITY SHALL H OLD A PUBLIC HEARING ON AN URBAN RENEWAL PROJECT | |
330 | - | AFTER PUBLIC NOTICE OF IT BY PUBLICATION IN A NEWSPAPER HAVIN G A GENERAL | |
331 | - | CIRCULATION WITHIN T HE CORPORATE LIMITS OF THE MUNICIPALITY . THE NOTICE | |
332 | - | SHALL DESCRIBE THE T IME, DATE, PLACE, AND PURPOSE OF THE HEA RING, SHALL | |
333 | - | GENERALLY IDENTIFY T HE URBAN RENEWAL ARE A COVERED BY THE PLA N, AND | |
334 | - | SHALL OUTLINE THE GE NERAL SCOPE OF THE U RBAN RENEWAL PROJECT UNDER | |
335 | - | CONSIDERATION . FOLLOWING THE HEARING , THE MUNICIPALITY MAY APPROVE AN | |
336 | - | URBAN RENEWAL PROJEC T AND THE PLAN THERE FOR IF IT FINDS THAT: | |
315 | + | (E) IN THE EVENT THE LEGI SLATIVE BODY ENACTS THIS ORDINANCE , ALL 29 | |
316 | + | OF THE POWERS BY THI S APPENDIX GRANTED T O THE MUNICIPALITY , FROM THE 30 | |
317 | + | EFFECTIVE DATE OF TH E ORDINANCE, ARE VESTED IN THE PU BLIC BODY OR AGENCY 31 | |
318 | + | ESTABLISHED BY THE O RDINANCE. 32 | |
337 | 319 | ||
338 | - | (1) A FEASIBLE METHOD EXIS TS FOR THE LOCATION OF ANY | |
339 | - | FAMILIES OR NATURAL PERSONS WHO WILL BE DISPLACED FROM THE U RBAN | |
340 | - | RENEWAL AREA IN DECE NT, SAFE, AND SANITARY DWELLIN G ACCOMMODATIONS | |
341 | - | WITHIN THEIR MEANS A ND WITHOUT UNDUE HARDSHIP TO THE FAMILIES OR | |
342 | - | NATURAL PERSONS ; | |
320 | + | A1–105. POWERS WITHHELD FROM THE AG ENCY. 33 | |
343 | 321 | ||
344 | - | (2) THE URBAN RENEWAL PLA N CONFORMS SUBSTANTI ALLY TO THE | |
345 | - | MASTER PLAN OF THE M UNICIPALITY AS A WHO LE; AND | |
322 | + | THE AGENCY MAY NOT : 34 8 HOUSE BILL 825 | |
346 | 323 | ||
347 | - | (3) THE URBAN RENEWAL PLA N WILL AFFORD MAXIMU M | |
348 | - | OPPORTUNITY , CONSISTENT WITH THE SOUND NEE DS OF THE MUNICIPALI TY AS A | |
349 | - | WHOLE, FOR THE REHABILITATI ON OR REDEVELOPMENT OF THE URBAN RENEWAL | |
350 | - | AREA BY PRIVATE ENTE RPRISE. | |
351 | 324 | ||
352 | - | (B) AN URBAN RENEWAL PLAN MAY BE MODIFIED AT A NY TIME. IF | |
353 | - | MODIFIED AFTER THE L EASE OR SALE OF REAL PROPERTY IN THE URBA N RENEWAL | |
354 | - | PROJECT AREA , THE MODIFICATION MAY BE CONDITIONED ON WH ATEVER | |
355 | - | APPROVAL OF THE OWNE R, LESSEE, OR SUCCESSOR IN INTE REST AS THE | |
356 | - | MUNICIPALITY CONSIDE RS ADVISABLE. IN ANY EVENT, IT SHALL BE SUBJECT TO | |
357 | - | WHATEVER RIGHTS AT L AW OR IN EQUITY AS A LESSEE OR PURCHASER , OR THE | |
358 | - | SUCCESSOR OR SUCCESS ORS IN INTEREST , MAY BE ENTITLED TO A SSERT. WHERE | |
359 | - | THE PROPOSED MODIFIC ATION WILL CHANGE SU BSTANTIALLY THE URBA N | |
360 | - | RENEWAL PLAN AS APPR OVED PREVIOUSLY BY T HE MUNICIPALITY , THE | |
361 | - | MODIFICATION SHALL B E APPROVED FORMALLY BY THE MUNICIPA LITY, AS IN THE | |
362 | - | CASE OF AN ORIGINAL PLAN. | |
363 | - | WES MOORE, Governor Ch. 209 | |
364 | 325 | ||
365 | - | – 9 – | |
366 | - | (C) ON THE APPROVAL BY TH E MUNICIPALITY OF AN URBAN RENEWAL PLAN | |
367 | - | OR OF ANY MODIFICATI ON OF IT, THE PLAN OR MODIFICA TION SHALL BE | |
368 | - | CONSIDERED TO BE IN FULL FORCE AND EFFEC T FOR THE RESPECTIVE URBAN | |
369 | - | RENEWAL AREA . THE MUNICIPALITY MAY H AVE THE PLAN OR MODI FICATION | |
370 | - | CARRIED OUT IN ACCOR DANCE WITH ITS TERMS . | |
326 | + | (1) PASS A RESOLUTION TO INITIATE AN URBAN RE NEWAL PROJECT 1 | |
327 | + | PURSUANT TO SECTIONS A1–102 AND A1–103 OF THIS APPENDIX ; 2 | |
371 | 328 | ||
372 | - | A1–108. DISPOSAL OF PROPERTY IN URBAN RENEWAL ARE A. | |
329 | + | (2) ISSUE GENERAL OBLIGAT ION BONDS PURSUANT T O SECTION 3 | |
330 | + | A1–111 OF THIS APPENDIX ; OR 4 | |
373 | 331 | ||
374 | - | (A) THE MUNICIPALITY , BY ORDINANCE , MAY SELL, LEASE, OR OTHERWISE | |
375 | - | TRANSFER REAL PROPER TY OR ANY INTEREST I N IT ACQUIRED BY IT FOR A N URBAN | |
376 | - | RENEWAL PROJECT TO A NY PERSON FOR RESIDE NTIAL, RECREATIONAL , | |
377 | - | COMMERCIAL , INDUSTRIAL, EDUCATIONAL , OR OTHER USES OR FOR PUBLIC USE, OR | |
378 | - | IT MAY RETAIN THE PR OPERTY OR INTEREST F OR PUBLIC USE , IN ACCORDANCE | |
379 | - | WITH THE URBAN RENEW AL PLAN AND SUBJECT TO W HATEVER COVENANTS , | |
380 | - | CONDITIONS, AND RESTRICTIONS , INCLUDING COVENANTS RUNNING WITH THE | |
381 | - | LAND, AS IT CONSIDERS NECE SSARY OR DESIRABLE T O ASSIST IN PREVENTI NG THE | |
382 | - | DEVELOPMENT OR SPREA D OF FUTURE BLIGHTED AREAS OR TO OTHERWIS E CARRY | |
383 | - | OUT THE PURPOSES OF THIS APP ENDIX. THE PURCHASERS OR LES SEES AND THEIR | |
384 | - | SUCCESSORS AND ASSIG NS SHALL BE OBLIGATE D TO DEVOTE THE REAL PROPERTY | |
385 | - | ONLY TO THE USES SPE CIFIED IN THE URBAN RENEWAL PLAN AND MAY BE | |
386 | - | OBLIGATED TO COMPLY WITH WHATEVER OTHER REQUIREMENTS THE | |
387 | - | MUNICIPALITY DETERMINE S TO BE IN THE PUBLI C INTEREST, INCLUDING THE | |
388 | - | OBLIGATION TO BEGIN WITHIN A REASONABLE TIME ANY IMPROVEMENT S ON THE | |
389 | - | REAL PROPERTY REQUIR ED BY THE URBAN RENE WAL PLAN. THE REAL PROPERTY | |
390 | - | OR INTEREST MAY NOT BE SOLD, LEASED, OTHERWISE TRANSF ERRED, OR RETAINED | |
391 | - | AT LESS THAN ITS FAI R VALUE FOR USES IN ACCORDANCE WITH THE URBAN | |
392 | - | RENEWAL PLAN . IN DETERMINING THE FA IR VALUE OF REAL PRO PERTY FOR USES | |
393 | - | IN ACCORDANCE WITH T HE URBAN RENEWAL PLA N, THE MUNICIPALITY SHA LL TAKE | |
394 | - | INTO ACCOUNT AND GIV E CONSIDER ATION TO THE USES PR OVIDED IN THE PLAN , | |
395 | - | THE RESTRICTIONS ON , AND THE COVENANTS , CONDITIONS, AND OBLIGATIONS | |
396 | - | ASSUMED BY THE PURCH ASER OR LESSEE OR BY THE MUNICIPALITY RET AINING THE | |
397 | - | PROPERTY, AND THE OBJECTIVES O F THE PLAN FOR THE P REVENTION OF THE | |
398 | - | RECURRENC E OF BLIGHTED AREAS . IN ANY INSTRUMENT OR CONVEYANCE TO A | |
399 | - | PRIVATE PURCHASER OR LESSEE, THE MUNICIPALITY MAY PROVIDE THAT THE | |
400 | - | PURCHASER OR LESSEE MAY NOT SELL, LEASE, OR OTHERWISE TRANSFE R THE REAL | |
401 | - | PROPERTY WITHOUT THE PRIOR WRITTEN CONSEN T OF THE MUNICIPAL ITY UNTIL | |
402 | - | THE PURCHASER OR LES SEE HAS COMPLETED TH E CONSTRUCTION OF AN Y OR ALL | |
403 | - | IMPROVEMENTS WHICH T HE PURCHASER OR LESS EE HAS BEEN OBLIGATE D TO | |
404 | - | CONSTRUCT ON THE PRO PERTY. REAL PROPERTY ACQUIRE D BY THE MUNICIPALIT Y | |
405 | - | WHICH, IN ACCORDANCE WITH T HE PROVISIONS O F THE URBAN RENEWAL PLAN, IS | |
406 | - | TO BE TRANSFERRED , SHALL BE TRANSFERRED AS RAPIDLY AS FEASIB LE IN THE | |
407 | - | PUBLIC INTEREST CONS ISTENT WITH THE CARR YING OUT OF THE PROV ISIONS OF | |
408 | - | THE URBAN RENEWAL PL AN. ANY CONTRACT FOR THE TRANSFER AND THE URB AN Ch. 209 2023 LAWS OF MARYLAND | |
332 | + | (3) APPROPRIATE FUNDS OR LEVY TAXES AND ASSES SMENTS 5 | |
333 | + | PURSUANT TO SECTION A1–103(3) OF THIS APPENDIX . 6 | |
409 | 334 | ||
410 | - | – 10 – | |
411 | - | RENEWAL PLAN (OR ANY PART OR PARTS OF T HE CONTRACT OR PLAN AS THE | |
412 | - | MUNICIPALITY DETERMI NES) MAY BE RECORDED IN T HE LAND RECORDS OF T HE | |
413 | - | COUNTY IN WHICH THE MUNICIPALITY IS SITU ATED IN A MANNER SO AS TO AFFORD | |
414 | - | ACTUAL OR CONSTRUCTI VE NOTICE OF IT. | |
335 | + | A1–106. INITIATION OF PROJECT . 7 | |
415 | 336 | ||
416 | - | (B) THE MUNICIPALITY , BY ORDINANCE, MAY DISPOSE OF REAL PROPERTY | |
417 | - | IN AN URBAN RENEWAL AREA TO PRIVATE PERS ONS. THE MUNICIPALITY MAY , BY | |
418 | - | PUBLIC NOTICE BY PUB LICATION IN A NEWSPA PER HAVING A GENERAL | |
419 | - | CIRCULATION IN THE C OMMUNITY, INVITE PROPOSALS FRO M AND MAKE AVAILABLE | |
420 | - | ALL PERTINENT INFO RMATION TO PRIVATE R EDEVELOPERS OR ANY P ERSONS | |
421 | - | INTERESTED IN UNDERT AKING TO REDEVELOP O R REHABILITATE AN UR BAN | |
422 | - | RENEWAL AREA , OR ANY PART THEREOF . THE NOTICE SHALL IDEN TIFY THE AREA, | |
423 | - | OR PORTION THEREOF , AND SHALL STATE THAT PROPOSALS SHALL BE M ADE BY | |
424 | - | THOSE INTERESTED WITHIN A SPECIFIED PERIOD . THE MUNICIPALITY SHAL L | |
425 | - | CONSIDER ALL REDEVEL OPMENT OR REHABILITA TION PROPOSALS AND T HE | |
426 | - | FINANCIAL AND LEGAL ABILITY OF THE PERSO NS MAKING PROPOSALS TO CARRY | |
427 | - | THEM OUT, AND MAY NEGOTIATE WI TH ANY PERSONS FOR P ROPOSALS FOR THE | |
428 | - | PURCHASE, LEASE, OR OTHER TRANSFER OF ANY REAL PROPERTY AC QUIRED BY | |
429 | - | THE MUNICIPALITY IN THE URBAN RENEWAL AR EA. THE MUNICIPALITY MAY ACCEPT | |
430 | - | ANY PROPOSAL AS IT D EEMS TO BE IN THE PU BLIC INTEREST AND IN FURTHERANCE | |
431 | - | OF THE PURPOSES OF T HIS APPENDIX. THEREAFTER, THE MUNICIPALITY MAY | |
432 | - | EXECUTE AND DELIVER CONTRACTS, DEEDS, LEASES, AND OTHER INSTRUMENT S | |
433 | - | AND TAKE ALL STEPS N ECESSARY TO EFFECTUA TE THE TRANSFERS . | |
337 | + | IN ORDER TO INITIATE AN URBAN RENEWAL PRO JECT, THE LEGISLATIVE 8 | |
338 | + | BODY OF THE MUNICIPA LITY SHALL ADOPT A R ESOLUTION WHICH : 9 | |
434 | 339 | ||
435 | - | (C) THE MUNICIPALITY MAY OPERATE TEMPORARILY AND MAINTAIN REAL | |
436 | - | PROPERTY ACQUIRED BY IT IN AN URBAN RENEWAL AREA FOR OR IN CONNECTION | |
437 | - | WITH AN URBAN RENEWA L PROJECT PENDING TH E DISPOSITION OF THE PROPERTY | |
438 | - | AS AUTHORIZED IN THI S APPENDIX, WITHOUT REGARD TO TH E PROVISIONS OF | |
439 | - | SUBSECTION (A) OF THIS SECTION , FOR USES AND PURPOSE S CONSIDERED | |
440 | - | DESIRABLE EVEN THOU GH NOT IN CONFORMITY WITH THE URBAN RENEW AL PLAN. | |
340 | + | (1) FINDS THAT ONE OR MOR E BLIGHTED AREAS EXI ST IN THE 10 | |
341 | + | MUNICIPALITY; 11 | |
441 | 342 | ||
442 | - | (D) ANY INSTRUMENT EXECUT ED BY THE MUNICIPALI TY AND PURPORTING | |
443 | - | TO CONVEY ANY RIGHT , TITLE, OR INTEREST IN ANY P ROPERTY UNDER THIS | |
444 | - | APPENDIX SHALL BE PR ESUMED CONCLUSIVELY TO HAVE BEEN EXECUTE D IN | |
445 | - | COMPLIANC E WITH THE PROVISION S OF THIS APPENDIX I NSOFAR AS TITLE OR | |
446 | - | OTHER INTEREST OF AN Y BONA FIDE PURCHASE RS, LESSEES, OR TRANSFEREES OF | |
447 | - | THE PROPERTY IS CONC ERNED. | |
343 | + | (2) LOCATES AND DEFINES T HE BLIGHTED AREA ; AND 12 | |
448 | 344 | ||
449 | - | A1–109. EMINENT DOMAIN . | |
345 | + | (3) FINDS THAT THE REHABI LITATION, REDEVELOPMENT , OR A 13 | |
346 | + | COMBINATION OF THEM , OF THE AREA OR AREAS , IS NECESSARY AND IN THE 14 | |
347 | + | INTEREST O F THE PUBLIC HEALTH , SAFETY, MORALS, OR WELFARE OF THE 15 | |
348 | + | RESIDENTS OF THE MUN ICIPALITY. 16 | |
450 | 349 | ||
451 | - | CONDEMNATION OF LAND OR PROPERTY UNDER TH E PROVISIONS OF THIS | |
452 | - | APPENDIX SHALL BE IN ACCORDAN CE WITH THE PROCEDUR E PROVIDED IN THE | |
453 | - | REAL PROPERTY ARTICLE OF THE ANNOTATED CODE OF MARYLAND. WES MOORE, Governor Ch. 209 | |
350 | + | A1–107. PREPARATION AND APPRO VAL OF PLAN FOR URBA N RENEWAL PROJECT . 17 | |
454 | 351 | ||
455 | - | – 11 – | |
352 | + | (A) IN ORDER TO CARRY OUT THE PURPOSES OF THIS APPENDIX, THE 18 | |
353 | + | MUNICIPALITY SHALL H AVE PREPARED AN UR BAN RENEWAL PLAN FOR BLIGHTED 19 | |
354 | + | AREAS IN THE MUNICIP ALITY AND SHALL APPR OVE THE PLAN FORMALL Y. THE 20 | |
355 | + | MUNICIPALITY SHALL H OLD A PUBLIC HEARING ON AN URBAN RENEWAL PROJECT 21 | |
356 | + | AFTER PUBLIC NOTICE OF IT BY PUBLICATION IN A NEWSPAPER HAVIN G A GENERAL 22 | |
357 | + | CIRCULATION WITHI N THE CORPORATE LIMI TS OF THE MUNICIPALI TY. THE NOTICE 23 | |
358 | + | SHALL DESCRIBE THE T IME, DATE, PLACE, AND PURPOSE OF THE H EARING, SHALL 24 | |
359 | + | GENERALLY IDENTIFY T HE URBAN RENEWAL ARE A COVERED BY THE PLA N, AND 25 | |
360 | + | SHALL OUTLINE THE GE NERAL SCOPE OF THE U RBAN RENEWAL PROJECT UNDER 26 | |
361 | + | CONSIDERATION . FOLLOWING THE HEARING , THE MUNICIPALITY MAY APPROVE AN 27 | |
362 | + | URBAN RENEWAL PROJEC T AND THE PLAN THERE FOR IF IT FINDS THAT: 28 | |
456 | 363 | ||
457 | - | A1–110. ENCOURAGEMENT OF PRIV ATE ENTERPRISE . | |
364 | + | (1) A FEASIBLE METHOD EXIS TS FOR THE LOCATION OF ANY 29 | |
365 | + | FAMILIES OR NATURAL PERSONS WHO WILL BE DISPLACED FROM THE U RBAN 30 | |
366 | + | RENEWAL AREA IN DECE NT, SAFE, AND SANITARY DWELLIN G ACCOMMODATIONS 31 | |
367 | + | WITHIN THEIR MEANS A ND WITHOUT UNDUE HAR DSHIP TO THE FAMILIE S OR 32 | |
368 | + | NATURAL PERSONS ; 33 HOUSE BILL 825 9 | |
458 | 369 | ||
459 | - | THE MUNICIPALITY , TO THE EXTENT IT DET ERMINES TO BE FEASIB LE IN | |
460 | - | CARRYING OUT THE PRO VISIONS OF THIS APPENDIX , SHALL AFFORD MAXIMUM | |
461 | - | OPPORTUNITY TO THE R EHABILITATION OR RED EVELOPMENT OF ANY UR BAN | |
462 | - | RENEWAL AREA BY PRIV ATE ENTERPRISE CONSI STENT WITH THE SOUND NEEDS OF | |
463 | - | THE MUNICIPALITY AS A WHOLE. THE MUNICIPALITY SHAL L GIVE CONSIDERATION | |
464 | - | TO THIS OBJEC TIVE IN EXERCISING I TS POWERS UNDER THIS APPENDIX. | |
465 | 370 | ||
466 | - | A1–111. GENERAL OBLIGATION BO NDS. | |
467 | 371 | ||
468 | - | FOR THE PURPOSE OF FI NANCING AND CARRYING OUT AN URBAN RENEWAL | |
469 | - | PROJECT AND RELATED ACTIVITIES, THE MUNICIPALITY MAY ISSUE AND SELL ITS | |
470 | - | GENERAL OBLIGATION B ONDS. ANY BONDS ISSUED BY THE MUN ICIPALITY | |
471 | - | PURSUANT TO THIS SEC TION SHALL BE ISSUED IN THE MANNER AND WI THIN THE | |
472 | - | LIMITATIONS PRESCRIB ED BY APPLICABLE LAW FOR THE ISSUANCE AND | |
473 | - | AUTHORIZATION OF GEN ERAL OBLIGATION BOND S BY THE MUNICIPALIT Y, AND | |
474 | - | ALSO WITHIN LIMITATI ONS DETERMINED BY THE MUNIC IPALITY. | |
372 | + | (2) THE URBAN RENEWAL PLA N CONFORMS SUBSTANTI ALLY TO THE 1 | |
373 | + | MASTER PLAN OF THE M UNICIPALITY AS A WHO LE; AND 2 | |
475 | 374 | ||
476 | - | A1–112. REVENUE BONDS . | |
375 | + | (3) THE URBAN RENEWAL PLA N WILL AFFORD MAXIMU M 3 | |
376 | + | OPPORTUNITY , CONSISTENT WITH THE SOUND NEEDS OF THE M UNICIPALITY AS A 4 | |
377 | + | WHOLE, FOR THE REHABILITATI ON OR REDEVELOPMENT OF THE URBAN RENEWAL 5 | |
378 | + | AREA BY PRIVATE ENTE RPRISE. 6 | |
477 | 379 | ||
478 | - | (A) IN ADDITION TO THE AU THORITY CONFERRED BY SECTION A1–111 OF | |
479 | - | THIS APPENDIX, THE MUNICIPALITY MAY ISSUE REVENUE BONDS TO FINANCE THE | |
480 | - | UNDERTAKING OF ANY U RBAN RENEWAL PROJECT AND RELATED ACTIVITI ES. ALSO, | |
481 | - | IT MAY ISSUE REFUNDI NG BONDS FOR THE PAY MENT OR RETIREMENT O F THE | |
482 | - | BONDS ISSUED PREVIOU SLY BY IT. THE BONDS SHALL BE MA DE PAYABLE, AS TO | |
483 | - | BOTH PRINCIPAL AND I NTEREST, SOLELY FROM THE INCO ME, PROCEEDS, | |
484 | - | REVENUES, AND FUNDS OF THE MUN ICIPALITY DERIVED FR OM OR HELD IN | |
485 | - | CONNECTION WITH THE UNDERTAKING AND CARR YING OUT OF URBAN RE NEWAL | |
486 | - | PROJECTS UNDER THIS APPENDIX. HOWEVER, PAYMENT OF THE BONDS , BOTH AS | |
487 | - | TO PRINCIPAL AND INT EREST, MAY BE FURTHER SECUR ED BY A PLEDGE OF AN Y | |
488 | - | LOAN, GRANT, OR CONTRIBUTION FROM THE FEDERAL GOVERNMENT OR OTHER | |
489 | - | SOURCE, IN AID OF ANY URBAN RENEWAL PROJECTS OF THE MUNICIPALITY UND ER | |
490 | - | THIS APPENDIX, AND BY A MORTGAGE OF ANY URBAN RENEWAL PR OJECT, OR ANY | |
491 | - | PART OF A PROJECT , TITLE TO WHICH IS IN THE MUNICIPALITY . IN ADDITION, THE | |
492 | - | MUNICIPALITY M AY ENTER INTO AN IND ENTURE OF TRUST WITH ANY PRIVATE | |
493 | - | BANKING INSTITUTION OF THIS STATE HAVING TRUST PO WERS AND MAY MAKE IN | |
494 | - | THE INDENTURE OF TRU ST COVENANTS AND COM MITMENTS REQUIRED BY ANY | |
495 | - | PURCHASER FOR THE AD EQUATE SECURITY OF T HE BONDS. | |
380 | + | (B) AN URBAN RENEWAL PLAN MAY BE MODIFIED AT ANY TIME . IF 7 | |
381 | + | MODIFIED AFTER THE L EASE OR SALE OF REAL PROPERTY IN THE URBA N RENEWAL 8 | |
382 | + | PROJECT AREA , THE MODIFICATION MAY BE CONDITIONED ON WH ATEVER 9 | |
383 | + | APPROVAL OF THE OWNE R, LESSEE, OR SUCCESSOR IN INTE REST AS THE 10 | |
384 | + | MUNICIPALITY CONSIDE RS ADVISABLE. IN ANY EVENT, IT SHALL BE SUBJECT TO 11 | |
385 | + | WHATEVER RIGHTS AT L AW OR IN EQUITY AS A LESSEE OR PURCHASER , OR THE 12 | |
386 | + | SUCCESSOR OR SUCCESS ORS IN INTEREST , MAY BE ENTITLED TO A SSERT. WHERE 13 | |
387 | + | THE PROPOSED MODIFIC ATION WILL CHANGE SU BSTANTIALLY THE URBA N 14 | |
388 | + | RENEWAL PLAN AS APP ROVED PREVIOUSLY BY THE MUNICIPALITY , THE 15 | |
389 | + | MODIFICATION SHALL B E APPROVED FORMALLY BY THE MUNICIPALITY , AS IN THE 16 | |
390 | + | CASE OF AN ORIGINAL PLAN. 17 | |
496 | 391 | ||
497 | - | (B) BONDS ISSUED UNDER THIS SECTION D O NOT CONSTITUTE AN | |
498 | - | INDEBTEDNESS WITHIN THE MEANING OF ANY C ONSTITUTIONAL OR STA TUTORY Ch. 209 2023 LAWS OF MARYLAND | |
392 | + | (C) ON THE APPROVAL BY TH E MUNICIPALITY OF AN URBAN RENEWAL PLAN 18 | |
393 | + | OR OF ANY MODIFICATI ON OF IT, THE PLAN OR MODIFICATION SHALL B E 19 | |
394 | + | CONSIDERED TO BE IN FULL FORCE AND EFFEC T FOR THE RESPECTIVE URBAN 20 | |
395 | + | RENEWAL AREA . THE MUNICIPALITY MAY HAVE THE PLAN OR MOD IFICATION 21 | |
396 | + | CARRIED OUT IN ACCOR DANCE WITH ITS TERMS . 22 | |
499 | 397 | ||
500 | - | – 12 – | |
501 | - | DEBT LIMITATION OR R ESTRICTION, ARE NOT SUBJECT TO T HE PROVISIONS OF ANY | |
502 | - | OTHER LAW OR CHARTER RELATING TO THE AUTH ORIZATION, ISSUANCE, OR SALE | |
503 | - | OF BONDS, AND ARE EXEMPTED SPE CIFICALLY FROM THE R ESTRICTIONS | |
504 | - | CONTAINED IN §§ 19–205 AND 19–206 OF THE LOCAL GOVERNMENT ARTICLE OF | |
505 | - | THE ANNOTATED CODE OF MARYLAND. BONDS ISSUED UNDER TH E PROVISIONS OF | |
506 | - | THIS APPENDIX ARE DE CLARED TO BE ISSUED FOR AN ESSENTIAL PUB LIC AND | |
507 | - | GOVERNMENTAL PURPOSE AND, TOGETHER WITH INTERE ST ON THEM AND INCOM E | |
508 | - | FROM THEM, ARE EXEMPT FROM ALL TAXES. | |
398 | + | A1–108. DISPOSAL OF PROPERTY IN URBAN RENEWAL ARE A. 23 | |
509 | 399 | ||
510 | - | (C) BONDS ISSUED UNDER TH IS SECTION SHALL BE AUTHORIZED BY | |
511 | - | RESOLUTION OR ORDINA NCE OF THE LEGISLATI VE BODY OF THE MUNIC IPALITY. | |
512 | - | THEY MAY BE ISSUED IN ONE OR MORE SERIES AND SHALL : | |
400 | + | (A) THE MUNICIPALITY , BY ORDINANCE , MAY SELL, LEASE, OR OTHERWISE 24 | |
401 | + | TRANSFER REAL PROPER TY OR ANY INTEREST I N IT ACQUIRED BY IT FOR AN URBAN 25 | |
402 | + | RENEWAL PROJECT TO A NY PERSON FOR RESIDE NTIAL, RECREATIONAL , 26 | |
403 | + | COMMERCIAL , INDUSTRIAL, EDUCATIONAL , OR OTHER USES OR FOR PUBLIC USE, OR 27 | |
404 | + | IT MAY RETAIN THE PR OPERTY OR INTEREST F OR PUBLIC USE , IN ACCORDANCE 28 | |
405 | + | WITH THE URBAN RENEW AL PLAN AND SUBJECT TO WHATEVER COVENANT S, 29 | |
406 | + | CONDITIONS, AND RESTRICTIONS , INCLUDING COVENANTS RUNNING WITH THE 30 | |
407 | + | LAND, AS IT CONSIDERS NECE SSARY OR DESIRABLE TO ASSIST IN PREVENT ING THE 31 | |
408 | + | DEVELOPMENT OR SPREA D OF FUTURE BLIGHTED AREAS OR TO OTHERWIS E CARRY 32 | |
409 | + | OUT THE PURPOSES OF THIS APPENDIX. THE PURCHASERS OR LES SEES AND THEIR 33 | |
410 | + | SUCCESSORS AND ASSIG NS SHALL BE OBLIGATE D TO DEVOTE THE REAL PROPERTY 34 | |
411 | + | ONLY TO THE USES S PECIFIED IN THE URBA N RENEWAL PLAN AND M AY BE 35 | |
412 | + | OBLIGATED TO COMPLY WITH WHATEVER OTHER REQUIREMENTS THE 36 | |
413 | + | MUNICIPALITY DETERMI NES TO BE IN THE PUB LIC INTEREST, INCLUDING THE 37 | |
414 | + | OBLIGATION TO BEGIN WITHIN A REASONABLE TIME ANY IMPROVEMENT S ON THE 38 10 HOUSE BILL 825 | |
513 | 415 | ||
514 | - | (1) BEAR A DATE OR DATES ; | |
515 | 416 | ||
516 | - | (2) MATURE AT A TIME OR T IMES; | |
417 | + | REAL PROPERTY RE QUIRED BY THE URBAN RENEWAL PLAN . THE REAL PROPERTY 1 | |
418 | + | OR INTEREST MAY NOT BE SOLD, LEASED, OTHERWISE TRANSFERRE D, OR RETAINED 2 | |
419 | + | AT LESS THAN ITS FAI R VALUE FOR USES IN ACCORDANCE WITH THE URBAN 3 | |
420 | + | RENEWAL PLAN . IN DETERMINING THE FA IR VALUE OF REAL PRO PERTY FOR U SES 4 | |
421 | + | IN ACCORDANCE WITH T HE URBAN RENEWAL PLA N, THE MUNICIPALITY SHA LL TAKE 5 | |
422 | + | INTO ACCOUNT AND GIV E CONSIDERATION TO T HE USES PROVIDED IN THE PLAN, 6 | |
423 | + | THE RESTRICTIONS ON , AND THE COVENANTS , CONDITIONS, AND OBLIGATIONS 7 | |
424 | + | ASSUMED BY THE PURCH ASER OR LESSEE OR BY THE MUNICIPALITY RETAI NING THE 8 | |
425 | + | PROPERTY, AND THE OBJECTIVES O F THE PLAN FOR THE P REVENTION OF THE 9 | |
426 | + | RECURRENCE OF BLIGHT ED AREAS. IN ANY INSTRUMENT OR CONVEYANCE TO A 10 | |
427 | + | PRIVATE PURCHASER OR LESSEE, THE MUNICIPALITY MAY PROVIDE THAT THE 11 | |
428 | + | PURCHASER OR LESSEE MAY NOT SELL, LEASE, OR OTHERWISE TRANSFE R THE REAL 12 | |
429 | + | PROPERTY WITHOUT THE PRIOR WRITTEN CONSEN T OF THE MUNICIPALIT Y UNTIL 13 | |
430 | + | THE PURCHASER OR LES SEE HAS COMPLETED TH E CONSTRUCTION OF AN Y OR ALL 14 | |
431 | + | IMPROVEMENTS WHICH T HE PURCHASER OR LESS EE HAS BEEN OBLIGATE D TO 15 | |
432 | + | CONSTRUCT ON THE PROPERTY . REAL PROPERTY ACQUIRE D BY THE MUNICIPALIT Y 16 | |
433 | + | WHICH, IN ACCORDANCE WITH T HE PROVISIONS OF THE URBAN RENEWAL PLAN , IS 17 | |
434 | + | TO BE TRANSFERRED , SHALL BE TRANSFERRED AS RAPIDLY AS FEASIB LE IN THE 18 | |
435 | + | PUBLIC INTEREST CONS ISTENT WITH THE CARR YING OUT OF THE PROVISIONS OF 19 | |
436 | + | THE URBAN RENEWAL PL AN. ANY CONTRACT FOR THE TRANSFER AND THE URB AN 20 | |
437 | + | RENEWAL PLAN (OR ANY PART OR PARTS OF THE CONTRACT OR P LAN AS THE 21 | |
438 | + | MUNICIPALITY DETERMI NES) MAY BE RECORDED IN T HE LAND RECORDS OF T HE 22 | |
439 | + | COUNTY IN WHICH THE MUNICIPALITY IS SITUATED IN A MANNER SO AS TO AFFORD 23 | |
440 | + | ACTUAL OR CONSTRUCTI VE NOTICE OF IT. 24 | |
517 | 441 | ||
518 | - | (3) BEAR INTEREST AT A RA TE OR RATES; | |
442 | + | (B) THE MUNICIPALITY , BY ORDINANCE , MAY DISPOSE OF REAL PROPERTY 25 | |
443 | + | IN AN URBAN RENEWAL AREA TO PRIVATE PERS ONS. THE MUNICIPALITY MAY , BY 26 | |
444 | + | PUBLIC NOTICE BY PUB LICATION IN A NEWSPA PER HAVING A GENERAL 27 | |
445 | + | CIRCULATION IN THE C OMMUNITY, INVITE PROPOSALS FRO M AND MAKE AVAILABLE 28 | |
446 | + | ALL PERTINENT INFORM ATION TO PRIVATE RED EVELOPERS OR ANY PER SONS 29 | |
447 | + | INTERESTED IN UNDERT AKING TO REDEVELOP O R REHABILITATE AN UR BAN 30 | |
448 | + | RENEWAL AREA , OR ANY PART THEREOF . THE NOTICE SHALL IDENTIFY THE AREA, 31 | |
449 | + | OR PORTION THEREOF , AND SHALL STATE THAT PROPOSALS SHALL BE M ADE BY 32 | |
450 | + | THOSE INTERESTED WIT HIN A SPECIFIED PERI OD. THE MUNICIPALITY SHAL L 33 | |
451 | + | CONSIDER ALL REDEVEL OPMENT OR REHABILITA TION PROPOSALS AND T HE 34 | |
452 | + | FINANCIAL AND LEGAL ABILITY OF THE PERSONS MAKIN G PROPOSALS TO CARRY 35 | |
453 | + | THEM OUT, AND MAY NEGOTIATE WI TH ANY PERSONS FOR P ROPOSALS FOR THE 36 | |
454 | + | PURCHASE, LEASE, OR OTHER TRANSFER OF ANY REAL PROPERTY AC QUIRED BY 37 | |
455 | + | THE MUNICIPALITY IN THE URBAN RENEWAL AR EA. THE MUNICIPALITY MAY ACCEPT 38 | |
456 | + | ANY PROPOSAL AS IT DEEMS TO BE IN THE PUBLIC INT EREST AND IN FURTHER ANCE 39 | |
457 | + | OF THE PURPOSES OF T HIS APPENDIX. THEREAFTER , THE MUNICIPALITY MAY 40 | |
458 | + | EXECUTE AND DELIVER CONTRACTS, DEEDS, LEASES, AND OTHER INSTRUMENT S 41 | |
459 | + | AND TAKE ALL STEPS N ECESSARY TO EFFECTUA TE THE TRANSFER S. 42 HOUSE BILL 825 11 | |
519 | 460 | ||
520 | - | (4) BE IN A DENOMINATION OR DENOMINATIONS ; | |
521 | 461 | ||
522 | - | (5) BE IN A FORM EITHER W ITH OR WITHOUT COUPO N OR | |
523 | - | REGISTERED; | |
524 | 462 | ||
525 | - | (6) CARRY A CONVERSION OR REGISTRATION PRIVILE GE; | |
463 | + | (C) THE MUNICIPALITY MAY OPERATE TEMPORARILY AND MAINTAIN REAL 1 | |
464 | + | PROPERTY ACQUIRED BY IT IN AN URBAN RENEW AL AREA FOR OR IN CO NNECTION 2 | |
465 | + | WITH AN URBAN RENEWA L PROJECT PENDING TH E DISPOSITION OF THE PROPERTY 3 | |
466 | + | AS AUTHORIZED IN THI S APPENDIX, WITHOUT REGARD T O THE PROVISIONS OF 4 | |
467 | + | SUBSECTION (A) OF THIS SECTION , FOR USES AND PURPOSE S CONSIDERED 5 | |
468 | + | DESIRABLE EVEN THOUG H NOT IN CONFORMITY WITH THE URBAN RENEW AL PLAN. 6 | |
526 | 469 | ||
527 | - | (7) HAVE A RANK OR PRIORI TY; | |
470 | + | (D) ANY INSTRUMENT EXECUT ED BY THE MUNICIPALI TY AND PURPORTING 7 | |
471 | + | TO CONVEY ANY RIGHT , TITLE, OR INTERE ST IN ANY PROPERTY U NDER THIS 8 | |
472 | + | APPENDIX SHALL BE PR ESUMED CONCLUSIVELY TO HAVE BEEN EXECUTE D IN 9 | |
473 | + | COMPLIANCE WITH THE PROVISIONS OF THIS A PPENDIX INSOFAR AS T ITLE OR 10 | |
474 | + | OTHER INTEREST OF AN Y BONA FIDE PURCHASE RS, LESSEES, OR TRANSFEREES OF 11 | |
475 | + | THE PROPERTY IS CONC ERNED. 12 | |
528 | 476 | ||
529 | - | ||
477 | + | A1–109. EMINENT DOMAIN . 13 | |
530 | 478 | ||
531 | - | (9) BE PAYABLE IN A MEDIU M OF PAYMENT , AT A PLACE OR PLACES , | |
532 | - | AND BE SUBJECT TO TE RMS OF REDEMPTION (WITH OR WITHOUT PREM IUM); | |
479 | + | CONDEMNATION OF LAND OR PROPERTY UNDER TH E PROVISIONS OF THIS 14 | |
480 | + | APPENDIX SHALL BE IN ACCORDANCE WITH THE PROCEDURE PROVIDED I N THE 15 | |
481 | + | REAL PROPERTY ARTICLE OF THE ANNOTATED CODE OF MARYLAND. 16 | |
533 | 482 | ||
534 | - | ||
483 | + | A1–110. ENCOURAGEMENT OF PRIV ATE ENTERPRISE. 17 | |
535 | 484 | ||
536 | - | (11) HAVE OTHER CHARACTERI STICS, AS ARE PROVIDED BY T HE | |
537 | - | RESOLUTION, TRUST INDENTURE , OR MORTGAGE ISSUED P URSUANT TO IT. | |
485 | + | THE MUNICIPALITY , TO THE EXTENT IT DET ERMINES TO BE FEASIB LE IN 18 | |
486 | + | CARRYING OUT THE PRO VISIONS OF THIS APPE NDIX, SHALL AFFORD MAXIMUM 19 | |
487 | + | OPPORTUNITY TO THE R EHABILITATION OR RED EVELOPMENT OF ANY UR BAN 20 | |
488 | + | RENEWAL AREA BY PRIV ATE ENTERPRISE CONSI STENT WITH THE SOUND NEEDS OF 21 | |
489 | + | THE MUNICIPALITY AS A WHOLE. THE MUNICIPALITY SHAL L GIVE CONSIDERATION 22 | |
490 | + | TO THIS OBJECTIVE IN EXERCISING ITS POWER S UNDER THIS APPENDI X. 23 | |
538 | 491 | ||
539 | - | (D) THESE BONDS MAY NOT B E SOLD AT LESS THAN PAR VALUE AT PUBLIC | |
540 | - | SALES WHICH ARE HELD AFTER NOTICE IS PUBL ISHED PRIOR TO THE SA LE IN A | |
541 | - | NEWSPAPER HAVING A G ENERAL CIRCULATION I N THE AREA IN WHICH THE | |
542 | - | MUNICIPALITY IS LOCA TED AND IN WHATEVER OTHER MEDIUM OF PUBL ICATION AS | |
543 | - | THE MUNICIPALITY MAY DETERMINE. THE BONDS MAY BE EXCH ANGED ALSO FOR WES MOORE, Governor Ch. 209 | |
492 | + | A1–111. GENERAL OBLIGATION BO NDS. 24 | |
544 | 493 | ||
545 | - | – 13 – | |
546 | - | OTHER BONDS ON THE B ASIS OF PAR. HOWEVER, THE BONDS MAY NOT BE SOLD TO | |
547 | - | THE FEDERAL GOVERNME NT AT PRIVATE SALE A T LESS THAN PAR , AND, IN THE | |
548 | - | EVENT LESS THAN ALL OF THE AUTHORIZED PR INCIPAL AMOUNT OF TH E BONDS IS | |
549 | - | SOLD TO THE FEDERAL GOVERNMENT , THE BALANCE MAY NOT BE SOLD AT PRIVATE | |
550 | - | SALE AT LESS THAN PA R AT AN INTEREST COS T TO THE MUNICIPALIT Y WHICH DOES | |
551 | - | NOT EXCEED THE INTER EST COST TO THE MUNI CIPALITY OF THE PORT ION OF THE | |
552 | - | BONDS SOLD TO THE FE DERAL GOVERNMENT . | |
494 | + | FOR THE PURPOSE OF FI NANCING AND CARRYING OUT AN URBAN RENEWAL 25 | |
495 | + | PROJECT AND RELATED AC TIVITIES, THE MUNICIPALITY MAY ISSUE AND SELL ITS 26 | |
496 | + | GENERAL OBLIGATION B ONDS. ANY BONDS ISSUED BY T HE MUNICIPALITY 27 | |
497 | + | PURSUANT TO THIS SEC TION SHALL BE ISSUED IN THE MANNER AND WI THIN THE 28 | |
498 | + | LIMITATIONS PRESCRIB ED BY APPLICABLE LAW FOR THE ISSU ANCE AND 29 | |
499 | + | AUTHORIZATION OF GEN ERAL OBLIGATION BOND S BY THE MUNICIPALIT Y, AND 30 | |
500 | + | ALSO WITHIN LIMITATI ONS DETERMINED BY TH E MUNICIPALITY. 31 | |
553 | 501 | ||
554 | - | (E) IN CASE ANY OF THE PU BLIC OFFICIALS OF TH E MUNICIPALITY WHOSE | |
555 | - | SIGNATURES APPEAR ON ANY BONDS OR COUPONS ISS UED UNDER THIS APPEN DIX | |
556 | - | CEASE TO BE OFFICIAL S OF THE MUNICIPALIT Y BEFORE THE DELIVER Y OF THE | |
557 | - | BONDS OR IN THE EVEN T ANY OF THE OFFICIA LS HAVE BECOME SUCH AFTER THE | |
558 | - | DATE OF ISSUE OF THE M, THE BONDS ARE VALID AND BINDING OBLIGATIONS OF THE | |
559 | - | MUNICIPALITY IN ACCO RDANCE WITH THEIR TE RMS. ANY PROVISION OF ANY LAW | |
560 | - | TO THE CONTRARY NOTW ITHSTANDING, ANY BONDS ISSUED PUR SUANT TO THIS | |
561 | - | APPENDIX ARE FULLY N EGOTIABLE. | |
502 | + | A1–112. REVENUE BONDS . 32 | |
562 | 503 | ||
563 | - | (F) IN ANY SUIT, ACTION, OR PROCEEDING INVOLV ING THE VALIDITY OR | |
564 | - | ENFORCEABILITY OF AN Y BOND ISSUED UNDER THIS APPENDIX, OR THE SECURITY | |
565 | - | FOR IT, ANY BOND WHICH RECIT ES IN SUBSTANCE THAT IT HAS BEEN ISSUED B Y THE | |
566 | - | MUNICIPALITY IN CONN ECTION WITH AN URBAN RENEWAL PROJECT SHAL L BE | |
567 | - | CONSIDERED CONCLUSIV ELY TO HAVE BEEN ISS UED FOR THAT PURPOSE , AND THE | |
568 | - | PROJECT SHALL BE CON SIDERED CONCLUSIVELY TO HAVE BEEN PLANNED , | |
569 | - | LOCATED, AND CARRIED OUT IN A CCORDANCE WITH THE P ROVISIONS OF THIS | |
570 | - | APPENDIX. | |
504 | + | (A) IN ADDITION TO THE AU THORITY CONFERRED BY SECTION A1–111 OF 33 | |
505 | + | THIS APPENDIX, THE MUNICIPALITY MAY ISSUE REVENUE BO NDS TO FINANCE THE 34 12 HOUSE BILL 825 | |
571 | 506 | ||
572 | - | (G) ALL BANKS, TRUST COMPANIES , BANKERS, SAVINGS BANKS , AND | |
573 | - | INSTITUTIONS, BUILDING AND L OAN ASSOCIATIONS , SAVINGS AND LOAN | |
574 | - | ASSOCIATIONS, INVESTMENT COMPANIES , AND OTHER PERSONS CA RRYING ON A | |
575 | - | BANKING OR INVESTMEN T BUSINESS; ALL INSURANCE COMPAN IES, INSURANCE | |
576 | - | ASSOCIATIONS, AND OTHER PERSONS CA RRYING ON AN INSURAN CE BUSINESS; AND | |
577 | - | ALL EXECUTORS , ADMINISTRATORS , CURATORS, TRUSTEES, AND OTHER | |
578 | - | FIDUCIARIES, MAY LEGALLY INVEST A NY SINKING FUNDS , MONEYS, OR OTHER | |
579 | - | FUNDS BELONGING TO T HEM OR WITHIN THEIR CONTROL IN ANY BONDS OR OTHER | |
580 | - | OBLIGATIONS ISSUED B Y THE MUNICIPALITY P URSUANT TO THIS APPE NDIX. | |
581 | - | HOWEVER, THE BONDS AND OTHER OBLIGATIONS SHALL BE SECURED BY AN | |
582 | - | AGREEMENT BETWEEN TH E ISSUER AND THE FED ERAL GOVERNMENT IN W HICH THE | |
583 | - | ISSUER AGREES TO BOR ROW FROM THE FEDERAL GOVERNMENT AND THE F EDERAL | |
584 | - | GOVERNMENT AGREES TO LEND TO THE ISSUER , PRIOR TO THE MATURIT Y OF THE | |
585 | - | BONDS OR OTHER OBLIG ATIONS, MONEYS IN AN AMOUNT WHICH (TOGETHER WITH | |
586 | - | ANY OTHER MONEYS COM MITTED IRREVOCABLY T O THE PAYMENT OF PRI NCIPAL | |
587 | - | AND INTEREST ON THE BONDS OR OTHER OBLIG ATIONS) WILL SUFFICE TO PAY THE | |
588 | - | PRINCIPAL OF THE BON DS OR OTHER OBLIGAT IONS WITH INTEREST T O MATURITY Ch. 209 2023 LAWS OF MARYLAND | |
589 | 507 | ||
590 | - | – 14 – | |
591 | - | ON THEM. THE MONEYS UNDER THE TERMS OF THE AGREEME NT SHALL BE | |
592 | - | REQUIRED TO BE USED FOR THE PURPOSE OF P AYING THE PRINCIPAL OF AND THE | |
593 | - | INTEREST ON THE BOND S OR OTHER OBLIGATIO NS AT THEIR MATURITY . THE BONDS | |
594 | - | AND OTHER OBLIGATION S SHALL BE AUTHORIZE D SECURITY FOR ALL P UBLIC | |
595 | - | DEPOSITS. THIS SECTION AUTHORIZ ES ANY PERSONS OR PU BLIC OR PRIVATE | |
596 | - | POLITICAL SUBDIVISIO NS AND OFFICERS TO U SE ANY FUNDS OWNED O R | |
597 | - | CONTROLLED BY THEM F OR THE PURCHASE OF A NY BONDS OR OTHER | |
598 | - | OBLIGATIONS. WITH REGARD TO LEGAL INVESTMEN TS, THIS SECTION MAY NOT BE | |
599 | - | CONSTRUED TO RELIEVE ANY PERSON OF ANY DU TY OF EXERCISING REA SONABLE | |
600 | - | CARE IN SELECTING SE CURITIES. | |
508 | + | UNDERTAKING OF ANY U RBAN RENEWAL PROJECT AND RELATED ACTIVITI ES. ALSO, 1 | |
509 | + | IT MAY ISSUE REFUNDI NG BONDS FOR THE PAY MENT OR RETIREMENT O F THE 2 | |
510 | + | BONDS ISSUED PREVIOU SLY BY IT. THE BONDS SHALL BE MA DE PAYABLE, AS TO 3 | |
511 | + | BOTH PRINC IPAL AND INTEREST , SOLELY FROM THE INCO ME, PROCEEDS, 4 | |
512 | + | REVENUES, AND FUNDS OF THE MUN ICIPALITY DERIVED FR OM OR HELD IN 5 | |
513 | + | CONNECTION WITH THE UNDERTAKING AND CARR YING OUT OF URBAN RE NEWAL 6 | |
514 | + | PROJECTS UNDER THIS APPENDIX. HOWEVER, PAYMENT OF THE BONDS , BOTH AS 7 | |
515 | + | TO PRINCIPAL AND INTERES T, MAY BE FURTHER SECUR ED BY A PLEDGE OF AN Y 8 | |
516 | + | LOAN, GRANT, OR CONTRIBUTION FROM THE FEDERAL GOVERNME NT OR OTHER 9 | |
517 | + | SOURCE, IN AID OF ANY URBAN RENEWAL PROJECTS OF THE MUNICIPALITY UND ER 10 | |
518 | + | THIS APPENDIX, AND BY A MORTGAGE OF ANY URBAN RENEWAL PROJECT, OR ANY 11 | |
519 | + | PART OF A PROJECT , TITLE TO WHICH IS IN THE MUNICIPALITY . IN ADDITION, THE 12 | |
520 | + | MUNICIPALITY MAY ENT ER INTO AN INDENTURE OF TRUST WITH ANY PR IVATE 13 | |
521 | + | BANKING INSTITUTION OF THIS STATE HAVING TRUST PO WERS AND MAY MAKE IN 14 | |
522 | + | THE INDENTURE OF TRU ST COVENANTS AND COMMITMENTS REQUIRED BY ANY 15 | |
523 | + | PURCHASER FOR THE AD EQUATE SECURITY OF T HE BONDS. 16 | |
601 | 524 | ||
602 | - | A1–113. SHORT TITLE. | |
525 | + | (B) BONDS ISSUED UNDER TH IS SECTION DO NOT CO NSTITUTE AN 17 | |
526 | + | INDEBTEDNESS WITHIN THE MEANING OF ANY C ONSTITUTIONAL OR STA TUTORY 18 | |
527 | + | DEBT LIMITATION OR R ESTRICTION, ARE NOT SUB JECT TO THE PROVISIO NS OF ANY 19 | |
528 | + | OTHER LAW OR CHARTER RELATING TO THE AUTH ORIZATION, ISSUANCE, OR SALE 20 | |
529 | + | OF BONDS , AND ARE EXEMPTED SPE CIFICALLY FROM THE R ESTRICTIONS 21 | |
530 | + | CONTAINED IN §§ 19–205 AND 19–206 OF THE LOCAL GOVERNMENT ARTICLE OF 22 | |
531 | + | THE ANNOTATED CODE OF MARYLAND. BONDS ISSUED UNDER TH E PROVISIONS OF 23 | |
532 | + | THIS APPENDIX ARE DE CLARED TO BE ISSUED FOR AN ESSENTIAL PUB LIC AND 24 | |
533 | + | GOVERNMENTAL PURPOSE AND, TOGETHER WITH INTERE ST ON THEM AND INCOM E 25 | |
534 | + | FROM THEM, ARE EXEMPT FROM ALL TAXES. 26 | |
603 | 535 | ||
604 | - | THIS APPENDIX SHALL B E KNOWN AND MAY BE C ITED AS THE FOREST | |
605 | - | HEIGHTS URBAN RENEWAL AUTHORITY FOR BLIGHT CLEARANCE ACT. | |
536 | + | (C) BONDS ISSUED UNDER TH IS SECTION SHALL BE AUTHORIZED BY 27 | |
537 | + | RESOLUTION OR ORDINA NCE OF THE LEGISLATI VE BODY OF THE MUNIC IPALITY. 28 | |
538 | + | THEY MAY BE ISSUED IN ONE OR MORE SERIES A ND SHALL: 29 | |
606 | 539 | ||
607 | - | ||
540 | + | (1) BEAR A DATE OR DATES ; 30 | |
608 | 541 | ||
609 | - | THIS APPENDIX, ENACTED PURSUANT TO ARTICLE III, SECTION 61 OF THE | |
610 | - | MARYLAND CONSTITUTION, MAY BE AMENDED OR RE PEALED ONLY BY THE | |
611 | - | GENERAL ASSEMBLY OF MARYLAND. | |
542 | + | (2) MATURE AT A TIME OR T IMES; 31 | |
612 | 543 | ||
613 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect | |
614 | - | October 1, 2023. | |
544 | + | (3) BEAR INTEREST AT A RA TE OR RATES; 32 | |
615 | 545 | ||
616 | - | Approved by the Governor, April 24, 2023. | |
546 | + | (4) BE IN A DENOMINATION OR DENOMINATIONS ; 33 | |
547 | + | ||
548 | + | (5) BE IN A FORM EITHER W ITH OR WITHOUT COUPO N OR 34 | |
549 | + | REGISTERED; 35 | |
550 | + | ||
551 | + | (6) CARRY A CONVERSION OR REGISTRATION PRIVILE GE; 36 HOUSE BILL 825 13 | |
552 | + | ||
553 | + | ||
554 | + | ||
555 | + | (7) HAVE A RANK OR PRIORI TY; 1 | |
556 | + | ||
557 | + | (8) BE EXECUTED IN A MANN ER; 2 | |
558 | + | ||
559 | + | (9) BE PAYABLE IN A MEDIU M OF PAYMENT, AT A PLACE OR PLACES , 3 | |
560 | + | AND BE SUBJECT TO TE RMS OF REDEMPTION (WITH OR WITHOUT PREM IUM); 4 | |
561 | + | ||
562 | + | (10) BE SECURED IN A MANNE R; AND 5 | |
563 | + | ||
564 | + | (11) HAVE OTHER CHARACTERI STICS, AS ARE PROVIDED BY T HE 6 | |
565 | + | RESOLUTION, TRUST INDENTURE , OR MORTGAGE ISSUED P URSUANT TO IT. 7 | |
566 | + | ||
567 | + | (D) THESE BONDS MAY NOT B E SOLD AT LESS THAN PAR VALUE AT PUBLIC 8 | |
568 | + | SALES WHICH ARE HELD AFTER NOTICE IS PUBL ISHED PRIOR TO THE S ALE IN A 9 | |
569 | + | NEWSPAPER HAVING A G ENERAL CIRCULATION I N THE AREA IN WHICH THE 10 | |
570 | + | MUNICIPALITY IS LOCA TED AND IN WHATEVER OTHER MEDIUM OF P UBLICATION AS 11 | |
571 | + | THE MUNICIPALITY MAY DETERMINE. THE BONDS MAY BE EXCH ANGED ALSO FOR 12 | |
572 | + | OTHER BONDS ON THE B ASIS OF PAR. HOWEVER, THE BONDS MAY NOT BE SOLD TO 13 | |
573 | + | THE FEDERAL GOVERNME NT AT PRIVATE SALE A T LESS THAN PAR , AND, IN THE 14 | |
574 | + | EVENT LESS THAN ALL OF THE AUTHORI ZED PRINCIPAL AMOUNT OF THE BONDS IS 15 | |
575 | + | SOLD TO THE FEDERAL GOVERNMENT , THE BALANCE MAY NOT BE SOLD AT PRIVATE 16 | |
576 | + | SALE AT LESS THAN PA R AT AN INTEREST COS T TO THE MUNICIPALIT Y WHICH DOES 17 | |
577 | + | NOT EXCEED THE INTER EST COST TO THE MUNI CIPALITY OF THE PORT ION OF THE 18 | |
578 | + | BONDS SOLD TO THE FEDERA L GOVERNMENT . 19 | |
579 | + | ||
580 | + | (E) IN CASE ANY OF THE PU BLIC OFFICIALS OF TH E MUNICIPALITY WHOSE 20 | |
581 | + | SIGNATURES APPEAR ON ANY BONDS OR COUPONS ISSUED UNDER THIS AP PENDIX 21 | |
582 | + | CEASE TO BE OFFICIAL S OF THE MUNICIPALIT Y BEFORE THE DELIVER Y OF THE 22 | |
583 | + | BONDS OR IN THE EVENT ANY OF THE OFF ICIALS HAVE BECOME S UCH AFTER THE 23 | |
584 | + | DATE OF ISSUE OF THE M, THE BONDS ARE VALID AND BINDING OBLIGATI ONS OF THE 24 | |
585 | + | MUNICIPALITY IN ACCO RDANCE WITH THEIR TE RMS. ANY PROVISION OF ANY LAW 25 | |
586 | + | TO THE CONTRARY NOTW ITHSTANDING, ANY BONDS ISSUED PUR SUANT TO THIS 26 | |
587 | + | APPENDIX ARE FULLY N EGOTIABLE. 27 | |
588 | + | ||
589 | + | (F) IN ANY SUIT, ACTION, OR PROCEEDING INVOLV ING THE VALIDITY OR 28 | |
590 | + | ENFORCEABILITY OF AN Y BOND ISSUED UNDER THIS APPENDIX, OR THE SECURITY 29 | |
591 | + | FOR IT, ANY BOND WHICH RECIT ES IN SUBSTANCE THAT IT HAS BEEN ISSUED B Y THE 30 | |
592 | + | MUNICIPALITY IN CONNECT ION WITH AN URBAN RE NEWAL PROJECT SHALL BE 31 | |
593 | + | CONSIDERED CONCLUSIV ELY TO HAVE BEEN ISS UED FOR THAT PURPOSE , AND THE 32 | |
594 | + | PROJECT SHALL BE CON SIDERED CONCLUSIVELY TO HAVE BEEN PLANNED , 33 | |
595 | + | LOCATED, AND CARRIED OUT IN A CCORDANCE WITH THE P ROVISIONS O F THIS 34 | |
596 | + | APPENDIX. 35 | |
597 | + | 14 HOUSE BILL 825 | |
598 | + | ||
599 | + | ||
600 | + | (G) ALL BANKS, TRUST COMPANIES , BANKERS, SAVINGS BANKS , AND 1 | |
601 | + | INSTITUTIONS, BUILDING AND LOAN AS SOCIATIONS, SAVINGS AND LOAN 2 | |
602 | + | ASSOCIATIONS, INVESTMENT COMPANIES , AND OTHER PERSONS CA RRYING ON A 3 | |
603 | + | BANKING OR INVESTMEN T BUSINESS; ALL INSURANCE COMPANIES, INSURANCE 4 | |
604 | + | ASSOCIATIONS, AND OTHER PERSONS CA RRYING ON AN INSURAN CE BUSINESS; AND 5 | |
605 | + | ALL EXECUTORS , ADMINISTRATORS , CURATORS, TRUSTEES, AND OTHER 6 | |
606 | + | FIDUCIARIES, MAY LEGALLY INVEST A NY SINKING FUNDS , MONEYS, OR OTHER 7 | |
607 | + | FUNDS BELONGING TO T HEM OR WITHIN T HEIR CONTROL IN ANY BONDS OR OTHER 8 | |
608 | + | OBLIGATIONS ISSUED B Y THE MUNICIPALITY P URSUANT TO THIS APPE NDIX. 9 | |
609 | + | HOWEVER, THE BONDS AND OTHER OBLIGATIONS SHALL BE SECURED BY AN 10 | |
610 | + | AGREEMENT BETWEEN TH E ISSUER AND THE FED ERAL GOVERNMENT IN W HICH THE 11 | |
611 | + | ISSUER AGREES TO BOR ROW FROM THE FEDERAL G OVERNMENT AND THE FE DERAL 12 | |
612 | + | GOVERNMENT AGREES TO LEND TO THE ISSUER , PRIOR TO THE MATURIT Y OF THE 13 | |
613 | + | BONDS OR OTHER OBLIG ATIONS, MONEYS IN AN AMOUNT WHICH (TOGETHER WITH 14 | |
614 | + | ANY OTHER MONEYS COM MITTED IRREVOCABLY T O THE PAYMENT OF PRI NCIPAL 15 | |
615 | + | AND INTEREST ON THE BOND S OR OTHER OBLIGATIO NS) WILL SUFFICE TO PAY THE 16 | |
616 | + | PRINCIPAL OF THE BON DS OR OTHER OBLIGATI ONS WITH INTEREST TO MATURITY 17 | |
617 | + | ON THEM. THE MONEYS UNDER THE TERMS OF THE AGREEME NT SHALL BE 18 | |
618 | + | REQUIRED TO BE USED FOR THE PURPOSE OF P AYING THE PRINCI PAL OF AND THE 19 | |
619 | + | INTEREST ON THE BOND S OR OTHER OBLIGATIO NS AT THEIR MATURITY . THE BONDS 20 | |
620 | + | AND OTHER OBLIGATION S SHALL BE AUTHORIZE D SECURITY FOR ALL P UBLIC 21 | |
621 | + | DEPOSITS. THIS SECTION AUTHORIZ ES ANY PERSONS OR PU BLIC OR PRIVATE 22 | |
622 | + | POLITICAL SUBDIVISIO NS AND OFFICERS TO USE ANY FUNDS OWN ED OR 23 | |
623 | + | CONTROLLED BY THEM F OR THE PURCHASE OF A NY BONDS OR OTHER 24 | |
624 | + | OBLIGATIONS. WITH REGARD TO LEGAL INVESTMENTS , THIS SECTION MAY NOT BE 25 | |
625 | + | CONSTRUED TO RELIEVE ANY PERSON OF ANY DU TY OF EXERCISING REA SONABLE 26 | |
626 | + | CARE IN SELECTING SE CURITIES. 27 | |
627 | + | ||
628 | + | A1–113. SHORT TITLE. 28 | |
629 | + | ||
630 | + | THIS APPENDIX SHALL B E KNOWN AND MAY BE C ITED AS THE FOREST 29 | |
631 | + | HEIGHTS URBAN RENEWAL AUTHORITY FOR BLIGHT CLEARANCE ACT. 30 | |
632 | + | ||
633 | + | A1–114. AUTHORITY TO AMEND OR REPEAL. 31 | |
634 | + | ||
635 | + | THIS APPENDIX, ENACTED PURSUANT TO ARTICLE III, SECTION 61 OF THE 32 | |
636 | + | MARYLAND CONSTITUTION, MAY BE AMENDED OR RE PEALED ONLY BY THE 33 | |
637 | + | GENERAL ASSEMBLY OF MARYLAND. 34 | |
638 | + | ||
639 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 35 | |
640 | + | October 1, 2023. 36 | |
641 | + |