WES MOORE, Governor Ch. 125
– 1 –
Chapter 125
(Senate Bill 313)
AN ACT concerning
Town of Mount Airy (Carroll County and Frederick County) – Urban Renewal
Authority
FOR the purpose of granting the Town of Mount Airy in Carroll County and Frederick
County the authority to exercise urban renewal powers within an urban renewal
area under Article III, Section 61 of the Maryland Constitution; authorizing the
municipality to levy certain taxes and issue general obligation bonds and revenue
bonds to carry out urban renewal powers; and generally relating to urban renewal
authority for slum and blight clearance for the Town of Mount Airy in Carroll County
and Frederick County.
BY adding to
Chapter 99 – Charter of the Town of Mount Airy
Section A1–101 through A1–114 to be under the new heading “Appendix I – Urban
Renewal Authority for Slum Clearance”
Public Local Laws of Maryland – Compilation of Municipal Charters
(2014 Replacement Edition, Revisions Current as of November 2021)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Chapter 99 – Charter of the Town of Mount Airy
APPENDIX I – URBAN RENEWAL AUTHORITY FOR SLUM CLEARANCE
A1–101. DEFINITIONS.
(A) IN THIS APPENDIX THE FO LLOWING WORDS HAVE T HE MEANINGS
INDICATED.
(B) “BLIGHTED AREA ” MEANS AN AREA OR SIN GLE PROPERTY IN WHIC H
THE BUILDING OR BUIL DINGS HAVE DECLINED IN PRODUCTIVITY BY R EASON OF
OBSOLESCENCE , DEPRECIATION , OR OTHER CAUSES TO A N EXTENT THEY NO
LONGER JUSTIFY FUNDA MENTAL REPAIRS AND A DEQUATE MAINTENANCE .
(C) “BONDS” MEANS ANY BONDS (INCLUDING REFUNDING BONDS), NOTES,
INTERIM CERTIFICATES , CERTIFICATES OF INDE BTEDNESS, DEBENTURES , OR
OTHER OBLIGATIONS .
Ch. 125 2023 LAWS OF MARYLAND
– 2 –
(D) “FEDERAL GOVERNMENT ” MEANS THE UNITED STATES OF AMERICA OR
ANY AGENCY OR INSTRU MENTALITY, CORPORATE OR OTHERWI SE, OF THE UNITED
STATES OF AMERICA.
(E) “MUNICIPALITY” MEANS THE TOWN OF MOUNT AIRY, MARYLAND.
(F) “PERSON” MEANS ANY INDIVIDUAL , FIRM, PARTNERSHIP ,
CORPORATION , COMPANY, ASSOCIATION, JOINT STOCK ASSOCIAT ION, OR BODY
POLITIC. IT INCLUDES ANY TRUST EE, RECEIVER, ASSIGNEE, OR OTHER PERSON
ACTING IN SIMILAR RE PRESENTATIVE CAPACIT Y.
(G) “SLUM AREA ” MEANS ANY AREA OR SI NGLE PROPERTY WHERE
DWELLINGS PREDOMINAT E WHICH , BY REASON OF DEPRECIATION ,
OVERCROWDING , FAULTY ARRANGEMENT O R DESIGN, LACK OF VENTILATION ,
LIGHT, OR SANITARY FACILITI ES, OR ANY COMBINATION O F THESE FACTORS , ARE
DETRIMENTAL TO THE P UBLIC SAFETY, HEALTH, OR MORALS.
(H) “URBAN RENEWAL AREA ” MEANS A SLUM AREA OR A BLIGHTED AREA OR
A COMBINATION OF THE M WHICH THE MUNICIPA LITY DESIGNATES AS A PPROPRIATE
FOR AN URBAN RENEWAL PROJECT.
(I) “URBAN RENEWAL PLAN ” MEANS A PLAN , AS IT EXISTS FROM TI ME TO
TIME, FOR AN URBAN RENEWAL PROJECT. THE PLAN SHALL BE SUF FICIENTLY
COMPLETE TO INDICATE A NY LAND ACQUISITION , DEMOLITION, AND REMOVAL OF
STRUCTURES , REDEVELOPMENT , IMPROVEMENTS , AND REHABILITATION A S MAY BE
PROPOSED TO BE CARRI ED OUT IN THE URBAN RENEWAL AREA , ZONING AND
PLANNING CHANGES , IF ANY, LAND USES, MAXIMUM DENSITY , AND BUILDING
REQUIREMENTS .
(J) “URBAN RENEWAL PROJECT ” MEANS UNDERTAKINGS A ND ACTIVITIES
OF A MUNICIPALITY IN AN URBAN RENEWAL ARE A FOR THE ELIMINATIO N AND FOR
THE PREVENTION OF TH E DEVELOPMENT OR SPR EAD OF SLUMS AND BLI GHT, AND
MAY INVOLVE SLUM CLE ARANCE AND REDEVELOPMENT IN AN URBAN RENEWAL
AREA, OR REHABILITATION OR CONSERVATION IN AN U RBAN RENEWAL AREA , OR
ANY COMBINATION OR P ART OF THEM IN ACCOR DANCE WITH AN URBAN RENEWAL
PLAN. THESE UNDERTAKINGS AN D ACTIVITIES MAY INC LUDE:
(1) ACQUISITION OF A S LUM AREA OR A BLIGHT ED AREA OR PORTION
OF THEM;
(2) DEMOLITION AND REMOVA L OF BUILDINGS AND I MPROVEMENTS ;
WES MOORE, Governor Ch. 125
– 3 –
(3) INSTALLATION , CONSTRUCTION OR RECO NSTRUCTION OF
STREETS, UTILITIES, PARKS, PLAYGROUNDS , AND OTHER IMPROVEMEN TS
NECESSARY FOR CARRYI NG OUT THE URBAN RENEWAL OB JECTIVES OF THIS
APPENDIX IN ACCORDAN CE WITH THE URBAN RE NEWAL PLAN;
(4) DISPOSITION OF ANY PR OPERTY ACQUIRED IN T HE URBAN
RENEWAL AREA , INCLUDING SALE , INITIAL LEASING , OR RETENTION BY THE
MUNICIPALITY ITSELF , AT ITS FAIR VALUE FO R USES IN ACCORDANCE W ITH THE
URBAN RENEWAL PLAN ;
(5) CARRYING OUT PLANS FO R A PROGRAM OF VOLUN TARY OR
COMPULSORY REPAIR AN D REHABILITATION OF BUILDINGS OR OTHER
IMPROVEMENTS IN ACCO RDANCE WITH THE URBA N RENEWAL PLAN ;
(6) ACQUISITION OF ANY OT HER REAL PROPERTY IN THE URBA N
RENEWAL AREA WHERE N ECESSARY TO ELIMINAT E UNHEALTHFUL , UNSANITARY,
OR UNSAFE CONDITIONS , LESSEN DENSITY , ELIMINATE OBSOLETE O R OTHER USES
DETRIMENTAL TO THE P UBLIC WELFARE , OR OTHERWISE TO REMO VE OR PREVENT
THE SPREAD OF BLIGHT OR DETERIORATION, OR TO PROVIDE LAND F OR NEEDED
PUBLIC FACILITIES ; AND
(7) THE PRESERVATION , IMPROVEMENT , OR EMBELLISHMENT OF
HISTORIC STRUCTURES OR MONUMENTS .
A1–102. POWERS.
(A) THE MUNICIPALITY MAY UNDERTAKE AND CARRY OUT URBAN RENEWAL
PROJECTS.
(B) THESE PROJECTS SHALL BE LIMITED:
(1) TO SLUM CLEARANCE IN SLUM OR BLIGHTED ARE AS AND
REDEVELOPMENT OR THE REHABILITATION OF SL UM OR BLIGHTED AREAS ;
(2) TO ACQUIRE IN CONNECT ION WITH THOSE PROJE CTS, WITHIN
THE CORPORATE LIMITS OF THE MUNICIPALITY , LAND AND PROPERTY OF EVER Y
KIND AND ANY RIGHT , INTEREST, FRANCHISE, EASEMENT, OR PRIVILEGE ,
INCLUDING LAND OR PR OPERTY AND ANY RIGHT OR INTEREST ALREADY DEVOTED
TO PUBLIC USE, BY PURCHASE, LEASE, GIFT, CONDEMNATION , OR ANY OTHER LEGAL
MEANS; AND
(3) TO SELL, LEASE, CONVEY, TRANSFER, OR OTHERWISE DISPOSE OF
ANY OF THE LAND OR P ROPERTY, REGARDLESS OF WHETHE R OR NOT IT HAS BEEN Ch. 125 2023 LAWS OF MARYLAND
– 4 –
DEVELOPED , REDEVELOPED , ALTERED, OR IMPROVED AND IRRE SPECTIVE OF THE
MANNER OR MEANS IN O R BY WHICH IT MAY HA VE BEEN ACQUIRED , TO ANY PRIVATE,
PUBLIC, OR QUASI–PUBLIC CORPORATION , PARTNERSHIP , ASSOCIATION, PERSON,
OR OTHER LEGAL ENTIT Y.
(C) LAND OR PROPERTY TAKE N BY THE MUNICIPALIT Y FOR ANY OF THESE
PURPOSES OR IN CONNE CTION WITH THE EXERC ISE OF ANY OF THE PO WERS WHICH
ARE GRANTED BY THIS APPENDIX TO THE MUNICIPALITY BY EXER CISING THE
POWER OF EMINENT DOM AIN MAY NOT BE TAKEN WITHOUT JUST COMPENS ATION,
AS AGREED ON BETWEEN THE PARTIES, OR AWARDED BY A JURY , BEING FIRST PAID
OR TENDERED TO THE P ARTY ENTITLED TO THE COMPENSATION .
(D) ALL LAND OR PROPERTY NEEDED OR TAKEN BY T HE EXERCISE OF THE
POWER OF EMINENT DOM AIN BY THE MUNICIPAL ITY FOR ANY OF THESE PURPOSES
OR IN CONNECTION WIT H THE EXERCISE OF AN Y OF THE POWERS GRAN TED BY THIS
APPENDIX IS DECLARED TO BE NEEDED OR TAKE N FOR PUBLIC USES AND
PURPOSES.
(E) ANY OR ALL OF THE ACT IVITIES AUTHORIZED P URSUANT TO THIS
APPENDIX CONSTITUTE GOVERNMENTAL FUNCTIO NS UNDERTAKEN FOR PU BLIC
USES AND PURPOSES AN D THE POWER OF TAXAT ION MAY BE EXERCISED , PUBLIC
FUNDS EXPENDED , AND PUBLIC CREDIT EX TENDED IN FURTHERANCE OF THEM.
A1–103. ADDITIONAL POWERS .
THE MUNICIPALITY HAS THE FOLLOWING ADDITI ONAL POWERS . THESE
POWERS ARE DECLARED TO BE NECESSARY AND PROPER TO CARRY INTO FULL
FORCE AND EFFECT THE SPECIFIC POWERS GRAN TED IN THIS APPENDIX AND TO
FULLY ACCOMPLISH THE PUR POSES AND OBJECTS CO NTEMPLATED BY THE
PROVISIONS OF THIS S ECTION:
(1) TO MAKE OR HAVE MADE ALL SURVEYS AND PLAN S NECESSARY TO
THE CARRYING OUT OF THE PURPOSES OF THIS APPENDIX AND TO ADOP T OR
APPROVE, MODIFY, AND AMEND THOSE PLAN S. THESE PLANS MAY INCLU DE, BUT
ARE NOT LIMITED TO :
(I) PLANS FOR CARRYING OU T A PROGRAM OF VOLUN TARY OR
COMPULSORY REPAIR AN D REHABILITATION OF BUILDINGS AND IMPROV EMENTS;
(II) PLANS FOR THE ENFORCE MENT OF CODES AND
REGULATIONS RELATING TO THE USE OF LAND AND THE USE AND OCCUPANCY OF
BUILDINGS AND IMPROV EMENTS AND TO THE CO MPULSORY REPAIR , WES MOORE, Governor Ch. 125
– 5 –
REHABILITATION , DEMOLITION, OR REMOVAL OF BUILDI NGS AND IMPROVEMENTS ;
AND
(III) APPRAISALS, TITLE SEARCHES , SURVEYS, STUDIES, AND
OTHER PLANS AND WORK NECESSARY TO PREPARE FOR THE U NDERTAKING OF
URBAN RENEWAL PROJEC TS AND RELATED ACTIV ITIES; AND TO APPLY FOR ,
ACCEPT, AND UTILIZE GRANTS O F FUNDS FROM THE FED ERAL GOVERNMENT OR
OTHER GOVERNMENTAL E NTITY FOR THOSE PURP OSES;
(2) TO PREPARE PLANS FOR THE RELOCATION OF PERSONS
(INCLUDING FAMILIES , BUSINESS CONCERNS , AND OTHERS ) DISPLACED FROM AN
URBAN RENEWAL AREA , AND TO MAKE RELOCATI ON PAYMENTS TO OR WI TH
RESPECT TO THOSE PER SONS FOR MOVING EXPE NSES AND LOSSES OF P ROPERTY
FOR WHICH REIMBURSEM ENT OR COMPENSATION IS NOT OTHERWISE MADE ,
INCLUDING THE MAKING OF PAYMENTS FINANCED BY THE FEDERAL GOVER NMENT;
(3) TO APPROPRIATE WHATEV ER FUNDS AND MAKE WH ATEVER
EXPENDITURES AS MAY BE NECESSARY TO CARR Y OUT THE PURPOSES O F THIS
APPENDIX, INCLUDING, BUT NOT LIMITED :
(I) TO THE PAYMENT OF ANY AND ALL COSTS AND EX PENSES
INCURRED IN CONNECTI ON WITH, OR INCIDENTAL TO , THE ACQUISITION OF L AND
OR PROPERTY , AND FOR THE DEMOLITI ON, REMOVAL, RELOCATION , RENOVATION ,
OR ALTERATION OF LAN D, BUILDINGS, STREETS, HIGHWAYS, ALLEYS, UTILITIES, OR
SERVICES, AND OTHER STRUCTURES OR IMPROVEMENTS , AND FOR THE
CONSTRUCTION , RECONSTRUCTION , INSTALLATION, RELOCATION, OR REPAIR OF
STREETS, HIGHWAYS, ALLEYS, UTILITIES, OR SERVICES, IN CONNECTION WITH
URBAN RENEWAL PROJEC TS;
(II) TO LEVY TAXES A ND ASSESSMENTS FOR T HOSE PURPOSES ;
(III) TO BORROW MONEY AND T O APPLY FOR AND ACCE PT
ADVANCES, LOANS, GRANTS, CONTRIBUTIONS , AND ANY OTHER FORM O F FINANCIAL
ASSISTANCE FROM THE FEDERAL GOVERNMENT , THE STATE, COUNTY, OR OTHER
PUBLIC BODIES, OR FROM ANY SOURCES, PUBLIC OR PRIVATE , FOR THE PURPOSES
OF THIS APPENDIX , AND TO GIVE WHATEVER SECURITY AS MAY BE R EQUIRED FOR
THIS FINANCIAL ASSIS TANCE; AND
(IV) TO INVEST ANY URBAN R ENEWAL FUNDS HELD IN RESERVES
OR SINKING FUNDS OR ANY OF THESE FUNDS N OT REQUIR ED FOR IMMEDIATE
DISBURSEMENT IN PROP ERTY OR SECURITIES W HICH ARE LEGAL INVES TMENTS FOR
OTHER MUNICIPAL FUND S;
Ch. 125 2023 LAWS OF MARYLAND
– 6 –
(4) (I) TO HOLD , IMPROVE, CLEAR, OR PREPARE FOR
REDEVELOPMENT ANY PR OPERTY ACQUIRED IN C ONNECTION WITH URBAN
RENEWAL PROJECTS ;
(II) TO MORTGAGE, PLEDGE, HYPOTHECATE , OR OTHERWISE
ENCUMBER THAT PROPER TY; AND
(III) TO INSURE OR PROVIDE FOR THE INSURANCE OF THE
PROPERTY OR OPERATIO NS OF THE MUNICIPALI TY AGAINST ANY RISKS OR
HAZARDS, INCLUDING THE POWER TO PAY PREMIUMS ON A NY INSURANCE ;
(5) TO MAKE AND EXECUTE A LL CONTRACTS AND OTH ER
INSTRUMENTS NECESSAR Y OR CONVENIENT TO T HE EXERCISE OF ITS P OWERS
UNDER THIS APPENDIX , INCLUDING THE POWER TO ENTER INTO AGREEM ENTS WITH
OTHER PUBLIC BODIES OR AGENCIES (THESE AGREEMENTS MAY EXTEND OVER ANY
PERIOD, NOTWITHSTANDING ANY PROVISION OR RULE OF LAW TO THE CONTRARY ),
AND TO INCLUDE IN AN Y CONTRACT FOR FINAN CIAL ASSISTANCE WITH THE
FEDERAL GOVERNMENT F OR OR WITH RESPECT T O AN URBAN RENEWAL P ROJECT
AND RELATED ACTIVITI ES ANY CONDITIONS IM POSED PURSUANT TO FEDERAL LAWS
AS THE MUNICIPALITY CONSIDERS REASONABLE AND APPROPRIATE ;
(6) TO ENTER INTO ANY BUI LDING OR PROPERTY IN ANY URBAN
RENEWAL AREA IN ORDE R TO MAKE INSPECTION S, SURVEYS, APPRAISALS,
SOUNDINGS, OR TEST BORINGS , AND TO OBTAIN AN ORD ER FOR THIS PURPOSE FROM
THE CIRCUIT COURT FO R THE COUNTY IN WHIC H THE MUNICIPALITY I S SITUATED IN
THE EVENT ENTRY IS D ENIED OR RESISTED ;
(7) TO PLAN, REPLAN, INSTALL, CONSTRUCT, RECONSTRUCT ,
REPAIR, CLOSE, OR VACATE STREETS , ROADS, SIDEWALKS, PUBLIC UTILITIES ,
PARKS, PLAYGROUNDS , AND OTHER PUBLIC IMP ROVEMENTS IN CONNECT ION WITH
AN URBAN RENEWAL PRO JECT; AND TO MAKE EXCEPTIO NS FROM BUILDING
REGULATIONS ;
(8) TO GENERALLY ORGANIZE , COORDINATE , AND DIRECT THE
ADMINISTRATION OF TH E PROVISIONS OF THIS APPENDIX AS THE Y APPLY TO THE
MUNICIPALITY IN ORDE R THAT THE OBJECTIVE OF REMEDYING SLUM AN D
BLIGHTED AREAS AND P REVENTING ITS CAUSES WITHIN THE MUNICIPAL ITY MAY BE
PROMOTED AND ACHIEVE D MOST EFFECTIVELY ; AND
(9) TO EXERCISE ALL OR AN Y PART OR COMBINATIO N OF THE
POWERS GRANTED IN TH IS APPENDIX.
WES MOORE, Governor Ch. 125
– 7 –
A1–104. ESTABLISHMENT OF URBA N RENEWAL AGENCY .
(A) A MUNICIPALITY MAY ITS ELF EXERCISE ALL THE POWERS GRANTED BY
THIS APPENDIX , OR MAY, IF ITS LEGISLATIVE B ODY BY ORDINANCE DET ERMINES
THE ACTION TO BE IN THE PUBLIC INTERE ST, ELECT TO HAVE THE PO WERS
EXERCISED BY A SEPAR ATE PUBLIC BODY OR A GENCY.
(B) IN THE EVENT THE LEGI SLATIVE BODY MAKES T HAT DETERMINATION ,
IT SHALL PROCEED BY ORDINANCE TO ESTABLI SH A PUBLIC BODY OR AGENCY TO
UNDERTAKE IN THE MUN ICIPALITY THE ACTIVI TIES AUTHORIZED BY THIS
APPENDIX.
(C) THE ORDINANCE SHALL I NCLUDE PROVISIONS ES TABLISHING THE
NUMBER OF MEMBERS OF THE PUBLIC BODY OR A GENCY, THE MANNER OF THEIR
APPOINTMENT AND REMO VAL, AND THE TERMS OF THE MEMBERS AND THEIR
COMPENSATION .
(D) THE ORDINANC E MAY INCLUDE WHATEV ER ADDITIONAL PROVIS IONS
RELATING TO THE ORGA NIZATION OF THE PUBL IC BODY OR AGENCY AS MAY BE
NECESSARY.
(E) IN THE EVENT THE LEGI SLATIVE BODY ENACTS THIS ORDINANCE , ALL
OF THE POWERS BY THI S APPENDIX GRANTED T O THE MUNICIPALITY , FROM THE
EFFECTIVE DATE OF TH E ORDINANCE, ARE VESTED IN THE PU BLIC BODY OR AGENCY
ESTABLISHED BY THE O RDINANCE.
A1–105. POWERS WITHHELD FROM THE AGENCY.
THE AGENCY MAY NOT :
(1) PASS A RESOLUTION TO INITIATE AN URBAN RE NEWAL PROJECT
PURSUANT TO SECTIONS A1–102 AND A1–103 OF THIS APPENDIX ;
(2) ISSUE GENERAL OBLIGAT ION BONDS PURSUANT T O SECTION
A1–111 OF THIS APPENDIX ; OR
(3) APPROPRIATE FUNDS OR LEVY TAXES AND ASSES SMENTS
PURSUANT TO SECTION A1–103(3) OF THIS APPENDIX .
A1–106. INITIATION OF PROJECT .
IN ORDER TO INITIATE AN URBAN RENEWAL PRO JECT, THE LEGISLATIVE
BODY OF THE MUNICIPA LITY SHALL ADOPT A R ESOLUTION WHICH : Ch. 125 2023 LAWS OF MARYLAND
– 8 –
(1) FINDS THAT ONE OR MOR E SLUM OR BLIGHTED A REAS EXIST IN
THE MUNICIPALITY ;
(2) LOCATES AND DEFINES T HE SLUM OR BLIGHTED AREA; AND
(3) FINDS THAT THE REHABI LITATION, REDEVELOPMENT , OR A
COMBINATION OF THEM , OF THE AREA OR AREAS , IS NECESSARY AND IN THE
INTEREST OF THE PUBL IC HEALTH, SAFETY, MORALS, OR WELFARE OF THE
RESIDENTS OF THE MUN ICIPALITY.
A1–107. PREPARATION AND APPRO VAL OF PLAN FOR URBAN RENEWAL PROJECT .
(A) IN ORDER TO CARRY OUT THE PURPOSES OF THIS APPENDIX, THE
MUNICIPALITY SHALL H AVE PREPARED AN URBA N RENEWAL PLAN FOR S LUM OR
BLIGHTED AREAS IN TH E MUNICIPALITY , AND SHALL APPROVE TH E PLAN
FORMALLY. THE MUNICIPALIT Y SHALL HOLD A PUBLI C HEARING ON AN URBA N
RENEWAL PROJECT AFTE R PUBLIC NOTICE OF I T BY PUBLICATION IN A NEWSPAPER
HAVING A GENERAL CIR CULATION WITHIN THE CORPORATE LIMITS OF THE
MUNICIPALITY. THE NOTICE SHALL DESC RIBE THE TIME , DATE, PLACE, AND
PURPOSE OF THE HEARING , SHALL GENERALLY IDEN TIFY THE URBAN RENEW AL
AREA COVERED BY THE PLAN, AND SHALL OUTLINE TH E GENERAL SCOPE OF T HE
URBAN RENEWAL PROJEC T UNDER CONSIDERATIO N. FOLLOWING THE HEARING ,
THE MUNICIPALITY MAY APPROVE AN URBAN REN EWAL PROJECT AND THE PLAN
THEREFOR IF IT FINDS THAT:
(1) A FEASIBLE METHOD EXIS TS FOR THE LOCATION OF ANY
FAMILIES OR NATURAL PERSONS WHO WILL BE DISPLACED FROM THE U RBAN
RENEWAL AREA IN DECE NT, SAFE, AND SANITARY DWELLIN G ACCOMMODATIONS
WITHIN THEIR MEANS A ND WITHOUT UNDUE HA RDSHIP TO THE FAMILI ES OR
NATURAL PERSONS ;
(2) THE URBAN RENEWAL PLA N CONFORMS SUBSTANTI ALLY TO THE
MASTER PLAN OF THE M UNICIPALITY AS A WHO LE; AND
(3) THE URBAN RENEWAL PLA N WILL AFFORD MAXIMU M
OPPORTUNITY , CONSISTENT WITH THE SOUND NEEDS OF THE M UNICIPALITY AS A
WHOLE, FOR THE REHABILITATI ON OR REDEVELOPMENT OF THE URBAN RENEWAL
AREA BY PRIVATE ENTE RPRISE.
(B) AN URBAN RENEWAL PLAN MAY BE MODIFIED AT A NY TIME. IF
MODIFIED AFTER THE L EASE OR SALE OF REAL PROPERTY IN THE URBA N RENEWAL WES MOORE, Governor Ch. 125
– 9 –
PROJECT AREA , THE MODIFICATION MAY BE CONDITIONED ON WH ATEVER
APPROVAL OF THE OWNE R, LESSEE, OR SUCCESSOR IN INTE REST AS THE
MUNICIPALITY CONSIDE RS ADVISABLE. IN ANY EVENT, IT SHALL BE SUBJECT TO
WHATEVER RIGHTS AT L AW OR IN EQUITY AS A LESSEE OR PURCHASER , OR THE
SUCCESSOR OR SUCCESSORS I N INTEREST, MAY BE ENTITLED TO A SSERT. WHERE
THE PROPOSED MODIFIC ATION WILL CHANGE SU BSTANTIALLY THE URBA N
RENEWAL PLAN AS APPR OVED PREVIOUSLY BY T HE MUNICIPALITY , THE
MODIFICATION SHALL B E APPROVED FORMALLY BY THE MUNICIPALITY , AS IN THE
CASE OF AN ORIGINAL PLAN.
(C) ON THE APPROVAL BY TH E MUNICIPALITY OF AN URBAN RENEWAL PLAN
OR OF ANY MODIFICATI ON OF IT, THE PLAN OR MODIFICA TION SHALL BE
CONSIDERED TO BE IN FULL FORCE AND EFFEC T FOR THE RESPECTIVE URBAN
RENEWAL AREA . THE MUNICIPALITY MAY HAV E THE PLAN OR MODIFI CATION
CARRIED OUT IN ACCOR DANCE WITH ITS TERMS .
A1–108. DISPOSAL OF PROPERTY IN URBAN RENEWAL ARE A.
(A) THE MUNICIPALITY , BY ORDINANCE , MAY SELL, LEASE, OR OTHERWISE
TRANSFER REAL PROPER TY OR ANY INTEREST I N IT ACQUIRED BY IT FOR AN URBAN
RENEWAL PROJECT TO A NY PERSON FOR RESIDE NTIAL, RECREATIONAL ,
COMMERCIAL , INDUSTRIAL, EDUCATIONAL , OR OTHER USES OR FOR PUBLIC USE, OR
IT MAY RETAIN THE PR OPERTY OR INTEREST F OR PUBLIC USE , IN ACCORDANCE
WITH THE URBAN RENEW AL PLAN AND SUBJECT TO WHA TEVER COVENANTS ,
CONDITIONS, AND RESTRICTIONS , INCLUDING COVENANTS RUNNING WITH THE
LAND, AS IT CONSIDERS NECE SSARY OR DESIRABLE T O ASSIST IN PREVENTI NG THE
DEVELOPMENT OR SPREA D OF FUTURE SLUMS OR BLIGHTED AREAS OR TO
OTHERWISE CARRY O UT THE PURPOSES OF T HIS APPENDIX. THE PURCHASERS OR
LESSEES AND THEIR SU CCESSORS AND ASSIGNS SHALL BE OBLIGATED T O DEVOTE
THE REAL PROPERTY ON LY TO THE USES SPECI FIED IN THE URBAN RE NEWAL PLAN,
AND MAY BE OBLIGATED TO COMPLY WITH WHATE VER OTHER REQUIREMEN TS THE
MUNICIPALITY DETERMI NES TO BE IN THE PUB LIC INTEREST, INCLUDING THE
OBLIGATION TO BEGIN WITHIN A REASONABLE TIME ANY IMPROVEMENT S ON THE
REAL PROPERTY REQUIR ED BY THE URBAN RENE WAL PLAN. THE REAL PROPERTY
OR INTEREST MAY NOT BE SOLD, LEASED, OTHERWIS E TRANSFERRED , OR RETAINED
AT LESS THAN ITS FAI R VALUE FOR USES IN ACCORDANCE WITH THE URBAN
RENEWAL PLAN . IN DETERMINING THE FA IR VALUE OF REAL PRO PERTY FOR USES
IN ACCORDANCE WITH T HE URBAN RENEWAL PLA N, THE MUNICIPALITY SHA LL TAKE
INTO ACCOUNT AND GIV E CONSIDERATION TO THE USES PROVIDED IN THE PLAN,
THE RESTRICTIONS ON , AND THE COVENANTS , CONDITIONS, AND OBLIGATIONS
ASSUMED BY THE PURCH ASER OR LESSEE OR BY THE MUNICIPALITY RET AINING THE
PROPERTY, AND THE OBJECTIVES O F THE PLAN FOR THE P REVENTION OF THE
RECURRENCE OF SLUM OR BLIGHTED AREAS . IN ANY INSTRUMENT OR CONVEYANCE Ch. 125 2023 LAWS OF MARYLAND
– 10 –
TO A PRIVATE PURCHAS ER OR LESSEE, THE MUNICIPALITY MAY PROVIDE THAT THE
PURCHASER OR LESSEE MAY NOT SELL, LEASE, OR OTHERWISE TRANSFE R THE REAL
PROPERTY WITHOUT THE PRIOR WRITTEN CONSEN T OF THE MUNICIPALITY UNTIL
THE PURCHASER OR LES SEE HAS COMPLETED TH E CONSTRUCTION OF AN Y OR ALL
IMPROVEMENTS WHICH T HE PURCHASER OR LESS EE HAS BEEN OBLIGATE D TO
CONSTRUCT ON THE PRO PERTY. REAL PROPERTY ACQUIRE D BY THE MUNICIPALIT Y
WHICH, IN ACCORDANCE WITH THE PROVISIONS OF TH E URBAN RENEWAL PLAN , IS
TO BE TRANSFERRED , SHALL BE TRANSFERRED AS RAPIDLY AS FEASIB LE IN THE
PUBLIC INTEREST CONS ISTENT WITH THE CARR YING OUT OF THE PROV ISIONS OF
THE URBAN RENEWAL PL AN. ANY CONTRACT FOR THE TRANSFER AND THE URB AN
RENEWAL PLAN (OR ANY PART OR PARTS OF THE CONTRACT OR P LAN AS THE
MUNICIPALITY DETERMI NES) MAY BE RECORDED IN T HE LAND RECORDS OF T HE
COUNTY IN WHICH THE MUNICIPALITY IS SITU ATED IN A MANNER SO AS TO AFFORD
ACTUAL OR CONSTRUCTI VE NOTICE OF IT.
(B) THE MUNICIPALITY, BY ORDINANCE , MAY DISPOSE OF REAL PROPERTY
IN AN URBAN RENEWAL AREA TO PRIVATE PERS ONS. THE MUNICIPALITY MAY , BY
PUBLIC NOTICE BY PUB LICATION IN A NEWSPA PER HAVING A GENERAL
CIRCULATION IN THE C OMMUNITY, INVITE PROPOSALS FRO M AND MAKE AVAILABLE
ALL PERTINENT INFORMAT ION TO PRIVATE REDEV ELOPERS OR ANY PERSO NS
INTERESTED IN UNDERT AKING TO REDEVELOP O R REHABILITATE AN UR BAN
RENEWAL AREA , OR ANY PART THEREOF . THE NOTICE SHALL IDEN TIFY THE AREA,
OR PORTION THEREOF , AND SHALL STATE THAT PROPOSALS SHALL B E MADE BY
THOSE INTERESTED WIT HIN A SPECIFIED PERI OD. THE MUNICIPALITY SHAL L
CONSIDER ALL REDEVEL OPMENT OR REHABILITA TION PROPOSALS AND T HE
FINANCIAL AND LEGAL ABILITY OF THE PERSO NS MAKING PROPOSALS TO CARRY
THEM OUT, AND MAY NEGOTIATE WI TH ANY PERSONS FO R PROPOSALS FOR THE
PURCHASE, LEASE, OR OTHER TRANSFER OF ANY REAL PROPERTY AC QUIRED BY
THE MUNICIPALITY IN THE URBAN RENEWAL AR EA. THE MUNICIPALITY MAY ACCEPT
ANY PROPOSAL AS IT D EEMS TO BE IN THE PU BLIC INTEREST AND IN FURTHERANCE
OF THE PURPOSES OF T HIS APPENDIX. THEREAFTER , THE MUNICIPALITY MAY
EXECUTE AND DELIVER CONTRACTS, DEEDS, LEASES, AND OTHER INSTRUMENT S
AND TAKE ALL STEPS N ECESSARY TO EFFECTUA TE THE TRANSFERS .
(C) THE MUNICIPALITY MAY OPERATE TEMPORARILY AND MAINTAIN REAL
PROPERTY ACQUIRED BY IT IN AN URBAN RENEW AL AREA FOR OR IN CO NNECTION
WITH AN URBAN RENEWA L PROJECT PENDING TH E DISPOSITION OF THE PROPERTY
AS AUTHORIZED IN THI S APPENDIX, WITHOUT REGARD TO TH E PROVISIONS OF
SUBSECTION (A) OF THIS SECTION , FOR USES AND PURPOSE S CONSIDERED
DESIRABLE EVEN THOUGH NO T IN CONFORMITY WITH THE URBAN RENEWAL PL AN.
(D) ANY INSTRUMENT EXECUT ED BY THE MUNICIPALI TY AND PURPORTING WES MOORE, Governor Ch. 125
– 11 –
TO CONVEY ANY RIGHT , TITLE, OR INTEREST IN ANY P ROPERTY UNDER THIS
APPENDIX SHALL BE PR ESUMED CONCLUSIVELY TO HAVE BEEN EXECUT ED IN
COMPLIANCE WITH THE PROVISIONS OF THIS A PPENDIX INSOFAR AS T ITLE OR
OTHER INTEREST OF AN Y BONA FIDE PURCHASE RS, LESSEES, OR TRANSFEREES OF
THE PROPERTY IS CONC ERNED.
A1–109. EMINENT DOMAIN .
CONDEMNATION OF LAND OR PROPERTY UNDER TH E PROVISIONS OF THIS
APPENDIX SHALL BE IN ACCORDANCE WITH THE PROCEDURE PROVIDED I N THE
REAL PROPERTY ARTICLE OF THE ANNOTATED CODE OF MARYLAND.
A1–110. ENCOURAGEMENT OF PRIV ATE ENTERPRISE .
THE MUNICIPALITY , TO THE EXTENT IT DET ERMINES TO BE FEASIB LE IN
CARRYING OUT TH E PROVISIONS OF THIS APPENDIX, SHALL AFFORD MAXIMUM
OPPORTUNITY TO THE R EHABILITATION OR RED EVELOPMENT OF ANY UR BAN
RENEWAL AREA BY PRIV ATE ENTERPRISE CONSI STENT WITH THE SOUND NEEDS OF
THE MUNICIPALITY AS A WHOLE. THE MUNICIPALITY SHAL L GIVE CONSIDERATION
TO THIS OBJECTIVE IN EXERCISING ITS POWER S UNDER THIS APPENDI X.
A1–111. GENERAL OBLIGATION BO NDS.
FOR THE PURPOSE OF FI NANCING AND CARRYING OUT AN URBAN RENEWAL
PROJECT AND RELATED ACTIVITIES, THE MUNICIPALITY MAY ISSUE AND SELL ITS
GENERAL OBLIGATION BONDS. ANY BONDS ISSUED BY T HE MUNICIPALITY
PURSUANT TO THIS SEC TION SHALL BE ISSUED IN THE MANNER AND WI THIN THE
LIMITATIONS PRESCRIB ED BY APPLICABLE LAW FOR THE ISSUANCE AND
AUTHORIZATION OF GEN ERAL OBLIGATION BOND S BY THE MUNICIPALIT Y, AND
ALSO WITHIN L IMITATIONS DETERMINE D BY THE MUNICIPALIT Y.
A1–112. REVENUE BONDS .
(A) IN ADDITION TO THE AU THORITY CONFERRED BY SECTION A1–111 OF
THIS APPENDIX, THE MUNICIPALITY MAY ISSUE REVENUE BONDS TO FINANCE THE
UNDERTAKING OF ANY U RBAN RENEWAL PROJECT AND RELATED ACTIVITIES. ALSO,
IT MAY ISSUE REFUNDI NG BONDS FOR THE PAY MENT OR RETIREMENT O F THE
BONDS ISSUED PREVIOU SLY BY IT. THE BONDS SHALL BE MA DE PAYABLE, AS TO
BOTH PRINCIPAL AND I NTEREST, SOLELY FROM THE INCO ME, PROCEEDS,
REVENUES, AND FUNDS OF THE MUN ICIPALITY DERIVED FROM OR HE LD IN
CONNECTION WITH THE UNDERTAKING AND CARR YING OUT OF URBAN RE NEWAL
PROJECTS UNDER THIS APPENDIX. HOWEVER, PAYMENT OF THE BONDS , BOTH AS
TO PRINCIPAL AND INT EREST, MAY BE FURTHER SECUR ED BY A PLEDGE OF AN Y Ch. 125 2023 LAWS OF MARYLAND
– 12 –
LOAN, GRANT, OR CONTRIBUTI ON FROM THE FEDERAL GOVERNMENT OR OTHER
SOURCE, IN AID OF ANY URBAN RENEWAL PROJECTS OF THE MUNICIPALITY UND ER
THIS APPENDIX, AND BY A MORTGAGE OF ANY URBAN RENEWAL PR OJECT, OR ANY
PART OF A PROJECT , TITLE TO WHICH IS IN THE MUNICIPALITY . IN ADDITION, THE
MUNICIPALITY MAY ENT ER INTO AN INDENTURE OF TRUST WITH ANY PR IVATE
BANKING INSTITUTION OF THIS STATE HAVING TRUST PO WERS AND MAY MAKE IN
THE INDENTURE OF TRU ST COVENANTS AND COM MITMENTS REQUIRED BY ANY
PURCHASER FOR THE AD EQUATE SECURITY OF T HE BONDS.
(B) BONDS ISSUED UNDER TH IS SECTION DO NOT CO NSTITUTE AN
INDEBTEDNESS WITHIN THE MEANING OF ANY C ONSTITUTIONAL OR STA TUTORY
DEBT LIMITATION OR R ESTRICTION, ARE NOT SUBJECT TO T HE PROVISIONS OF ANY
OTHER LAW OR CHARTER RELATING TO THE AUTH ORIZATION, ISSUANCE, OR SALE
OF BONDS , AND ARE EXEMPTED SPE CIFICALLY FROM THE R ESTRICTIONS
CONTAINED IN §§ 19–205 AND 19–206 OF THE LOCAL GOVERNMENT ARTICLE OF
THE ANNOTATED CODE OF MARYLAND. BONDS ISSUED UNDER TH E PROVISIONS OF
THIS APPENDIX ARE DE CLARED TO BE ISSUED FOR AN ESSENTIAL PUBLIC AND
GOVERNMENTAL PURPOSE AND, TOGETHER WITH INTERE ST ON THEM AND INCOM E
FROM THEM, ARE EXEMPT FROM ALL TAXES.
(C) BONDS ISSUED UNDER TH IS SECTION SHALL BE AUTHORIZED BY
RESOLUTION OR ORDINA NCE OF THE LEGISLATI VE BODY OF THE MUNIC IPALITY.
THEY MAY BE ISSUED IN ONE OR MORE SERIES A ND SHALL:
(1) BEAR A DATE OR DATES ;
(2) MATURE AT A TIME OR T IMES;
(3) BEAR INTEREST AT A RA TE OR RATES;
(4) BE IN A DENOMINATION OR DENOMINATIONS ;
(5) BE IN A FORM EITHER W ITH OR WITHOUT COUPO N OR
REGISTERED;
(6) CARRY A CONVERSION OR REGISTRATION PRIVILE GE;
(7) HAVE A RANK OR PRIORI TY;
(8) BE EXECUTED IN A MANN ER;
(9) BE PAYABLE IN A MEDIU M OF PAYMENT , AT A PLACE OR PLACES , WES MOORE, Governor Ch. 125
– 13 –
AND BE SUBJECT TO TE RMS OF REDEMPTION (WITH OR WITHOUT PREMIUM);
(10) BE SECURED IN A MANNE R; AND
(11) HAVE OTHER CHARACTERI STICS, AS ARE PROVIDED BY T HE
RESOLUTION, TRUST INDENTURE , OR MORTGAGE ISSUED P URSUANT TO IT.
(D) THESE BONDS MAY NOT B E SOLD AT LESS THAN PAR VALUE AT PUBLIC
SALES WHICH ARE HELD AFTER NOTICE IS PUBL ISHED PRIOR TO THE S ALE IN A
NEWSPAPER HAVING A G ENERAL CIRCULATION I N THE AREA IN WHICH THE
MUNICIPALITY IS LOCA TED AND IN WHATEVER OTHER MEDIUM OF PUBL ICATION AS
THE MUNICIPALITY MAY DETERMINE. THE BONDS MAY BE EXCH ANGED ALSO FOR
OTHER BONDS ON THE BASI S OF PAR. HOWEVER, THE BONDS MAY NOT BE SOLD TO
THE FEDERAL GOVERNME NT AT PRIVATE SALE A T LESS THAN PAR , AND, IN THE
EVENT LESS THAN ALL OF THE AUTHORIZED PR INCIPAL AMOUNT OF TH E BONDS IS
SOLD TO THE FEDERAL GOVERNMENT , THE BALANCE MAY NOT BE SOLD AT PRIVA TE
SALE AT LESS THAN PA R AT AN INTEREST COS T TO THE MUNICIPALIT Y WHICH DOES
NOT EXCEED THE INTER EST COST TO THE MUNI CIPALITY OF THE PORT ION OF THE
BONDS SOLD TO THE FE DERAL GOVERNMENT .
(E) IN CASE ANY OF THE PU BLIC OFFICIALS OF TH E MUNICIPALITY WHOSE
SIGNATURES APPEAR ON ANY BONDS OR COUPONS ISSUED UNDER THIS AP PENDIX
CEASE TO BE OFFICIAL S OF THE MUNICIPALIT Y BEFORE THE DELIVER Y OF THE
BONDS OR IN THE EVEN T ANY OF THE OFFICIA LS HAVE BECOME SUCH AFTER THE
DATE OF ISSUE OF THE M, THE BONDS ARE VALID AND BIND ING OBLIGATIONS OF T HE
MUNICIPALITY IN ACCO RDANCE WITH THEIR TE RMS. ANY PROVISION OF ANY LAW
TO THE CONTRARY NOTW ITHSTANDING, ANY BONDS ISSUED PUR SUANT TO THIS
APPENDIX ARE FULLY N EGOTIABLE.
(F) IN ANY SUIT, ACTION, OR PROCEEDING INVO LVING THE VALIDITY O R
ENFORCEABILITY OF AN Y BOND ISSUED UNDER THIS APPENDIX, OR THE SECURITY
FOR IT, ANY BOND WHICH RECIT ES IN SUBSTANCE THAT IT HAS BEEN ISSUED B Y THE
MUNICIPALITY IN CONN ECTION WITH AN URBAN RENEWAL PROJECT SHAL L BE
CONSIDERED CONCLUSIV ELY TO HAVE BEEN ISSUE D FOR THAT PURPOSE , AND THE
PROJECT SHALL BE CON SIDERED CONCLUSIVELY TO HAVE BEEN PLANNED ,
LOCATED, AND CARRIED OUT IN A CCORDANCE WITH THE P ROVISIONS OF THIS
APPENDIX.
(G) ALL BANKS, TRUST COMPANIES , BANKERS, SAVINGS BANKS , AND
INSTITUTIONS, BUILDING AND LOAN AS SOCIATIONS, SAVINGS AND LOAN
ASSOCIATIONS, INVESTMENT COMPANIES , AND OTHER PERSONS CA RRYING ON A
BANKING OR INVESTMEN T BUSINESS; ALL INSURANCE COMPAN IES, INSURANCE
ASSOCIATIONS, AND OTHER PERSONS CA RRYING ON AN INSURAN CE BUSINESS; AND Ch. 125 2023 LAWS OF MARYLAND
– 14 –
ALL EXECUTORS , ADMINISTRATORS , CURATORS, TRUSTEES, AND OTHER
FIDUCIARIES, MAY LEGALLY INVEST A NY SINKING FUNDS , MONEYS, OR OTHER
FUNDS BELONGING TO T HEM OR WITHIN THEIR CONTROL IN ANY BONDS OR OTHER
OBLIGATIONS ISSUED B Y THE MUNICIPALITY P URSUANT TO THIS APPENDIX .
HOWEVER, THE BONDS AND OTHER OBLIGATIONS SHALL BE SECURED BY AN
AGREEMENT BETWEEN TH E ISSUER AND THE FED ERAL GOVERNMENT IN W HICH THE
ISSUER AGREES TO BOR ROW FROM THE FEDERAL GOVERNMENT AND THE F EDERAL
GOVERNMENT AGREES TO LEND TO THE ISSUER , PRIOR TO THE MATURIT Y OF THE
BONDS OR OTHER OBLIG ATIONS, MONEYS IN AN AMOUNT WHICH (TOGETHER WITH
ANY OTHER MONEYS COM MITTED IRREVOCABLY T O THE PAYMENT OF PRI NCIPAL
AND INTEREST ON THE BONDS OR OTHER OBLIG ATIONS) WILL SUFFICE TO PAY THE
PRINCIPAL OF THE BONDS OR OTHER OBLIG ATIONS WITH INTEREST TO MATURITY
ON THEM. THE MONEYS UNDER THE TERMS OF THE AGREEME NT SHALL BE
REQUIRED TO BE USED FOR THE PURPOSE OF P AYING THE PRINCIPAL OF AND THE
INTEREST ON THE BOND S OR OTHER OBLIGATIO NS AT THEIR MATURITY . THE BONDS
AND OTHER OBLIGATION S SHALL BE AUTHORIZE D SECURITY FOR ALL P UBLIC
DEPOSITS. THIS SECTION AUTHORIZ ES ANY PERSONS OR PU BLIC OR PRIVATE
POLITICAL SUBDIVISIO NS AND OFFICERS TO U SE ANY FUNDS OWNED O R
CONTROLLED BY THEM F OR THE PURCHASE OF A NY BONDS OR OTHER
OBLIGATIONS. WITH REGARD TO LEGAL INVESTMENTS , THIS SECTION MAY NOT BE
CONSTRUED TO RELIEVE ANY PERSON OF ANY DU TY OF EXERCISING REA SONABLE
CARE IN SELECTING SE CURITIES.
A1–113. SHORT TITLE.
THIS APPENDIX SHALL B E KNOWN AND MAY BE C ITED AS THE MOUNT AIRY
URBAN RENEWAL AUTHORITY FOR SLUM CLEARANCE ACT.
A1–114. AUTHORITY TO AMEND OR REPEAL.
THIS APPENDIX, ENACTED PURSUANT TO ARTICLE III, SECTION 61 OF THE
MARYLAND CONSTITUTION, MAY BE AMENDED OR RE PEALED ONLY BY THE
GENERAL ASSEMBLY OF MARYLAND.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, April 24, 2023.