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(a) If the resolution adopted under Section 14-13 so provides, the Executive must take all necessary actions to issue bonds under this Chapter, subject to the usual and customary requirements and procedures for issuance of special district bonds.
(b) Bonds must be payable from the special fund required under Section 14-11 and any other assets or revenues of the district pledged toward their payment.
(c) If the resolution adopted under Section 14-9(c) provides for the issuance of bonds, the resolution may authorize the Executive to:
(1) establish sinking funds and debt service reserve funds;
(2) pledge other assets in and revenues from the district towards the payment of the principal and interest; or
(3) arrange for insurance or any other financial guaranty of the bonds.
(d) All proceeds received from any bonds issued must be applied solely towards:
(1) costs of the infrastructure improvements listed in the resolution adopted under Section 14-9(f)(2);
(2) costs of issuing bonds; and
(3) payment of the principal and interest on loans, money advances, or indebtedness incurred by the County for any purpose stated in this Chapter. (1994 L.M.C., ch. 12, § 1; 2008 L.M.C., ch. 34, § 1.)
Editor’s note—See County Attorney Opinion dated 7/26/07 discussing multiple issues deriving from the Clarksburg Master Plan and related issues regarding development districts.
2008 L.M.C., ch. 34, took effect on January 26, 2009.
2008 L.M.C., ch. 34, § 3, states: Applicability; interpretation.
(a) Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.
(b) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.
(c) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.
(d) Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.
(a) In order to issue bonds, the Council must adopt a resolution that:
(1) describes the infrastructure improvements to be financed and states that the County has complied with the procedures in this Chapter;
(2) specifies the maximum principal amount of bonds to be issued;
(3) covenants to levy special taxes, special assessments, or both, at a rate and amount sufficient in each year when any bonds are outstanding to:
(A) provide for the payment of the principal of and interest on the bonds, and the redemption premium, if any, on the bonds;
(B) replenish any debt service reserve fund established with respect to the bonds; and
(C) enforce the collection of all special assessments and special taxes as provided in Section 52-36, et seq., of the County Code and Section 14-808, et seq., of the Tax Property Article of the Maryland Code, or other applicable law; and
(4) specifies (to the extent not already controlled by state or County law) the basis of any special assessment, special tax, fee, or charge in a development district, and any exemptions from a special assessment or special tax subject to any change in law that does not materially impair the district's ability to pay principal and interest and maintain adequate debt service reserves;
(5) declares that:
(A) the construction of the infrastructure improvements financed by the bonds:
(i) creates a public benefit, and special benefits, if applicable, to the properties assessed in the development district; and
(ii) serves a public purpose; and
(B) the projected special assessment, special tax, fee, or charge revenue will be sufficient to retire the bonds, taking into account the value of land in the district; and
(6) (A) prohibits acceleration of assessments or taxes because of any bond default;
(B) sets a maximum special assessment, special tax, fee, or charge applicable to each individual property in a development district; and
(C) prohibits any increase in, or extension of the term of, the maximum special assessment, special tax, fee, or charge applicable to any individual property because of any delinquency or default by any other taxpayer.
(b) To the extent not otherwise required by state law, the resolution may specify, or may authorize the Executive by executive order to specify as needed:
(1) the actual principal amount of the bonds to be issued;
(2) the actual rate or rates of interest for the bonds;
(3) how and on what terms the bonds must be sold;
(4) how, when, and where interest on the bonds must be paid;
(5) when the bonds may be executed, issued, and delivered;
(6) the form and tenor of the bonds, and the denominations in which the bonds may be issued;
(7) how, when, and where the principal of the bonds must be paid within the limits in this Section;
(8) how any or all of the bonds may be called for redemption before their stated maturity dates; or
(9) any other provision not inconsistent with law that is necessary or desirable to finance an infrastructure improvement.
(c) The special fund and any sinking fund or reserve fund established by the County to provide for the payment of the principal of or interest on any bonds issued by the County under this Chapter may be invested by the County fiscal officer having custody of the fund in the manner prescribed under Article 95, Section 22 of the Maryland Code. Any fiscal officer having custody of the proceeds of the sale of any such bonds may invest the proceeds, pending their expenditure, as prescribed under Article 95, Section 22.
(d) To the extent provided in State law, the principal amount of the bonds, the interest payable on the bonds, their transfer, and any income derived from the transfer, including any profit made in the sale or transfer of the bonds, must be exempt from County taxation of any kind.
(e) The adoption of a resolution under this Section does not:
(1) obligate the County to issue bonds; or
(2) confer any contract, property, or other right on any person. (1994 L.M.C., ch. 12, § 1; 2008 L.M.C., ch. 34, § 1.)
Editor’s note—See County Attorney Opinion dated 4/12/06 regarding the method of creating a development district and sources for the Executive Fiscal Report.
2008 L.M.C., ch. 34, took effect on January 26, 2009.
2008 L.M.C., ch. 34, § 3, states: Applicability; interpretation.
(a) Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.
(b) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.
(c) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.
(d) Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.
(a) Any bond may be in bearer form or in coupon form or may be registrable as to principal alone or as to both principal and interest. Each bond is a security as defined in Section 8-102 of the Commercial Law Article of the Maryland Code, whether or not it is either one of a class or series or by its terms is divisible into a class or series of instruments.
(b) Each bond must be signed manually or in facsimile by the County Executive, and the seal of the County must be affixed to the bonds and attested by the Clerk of the Council. If any officer whose signature or countersignature appears on the coupons ceases to hold that office before the bonds are delivered, the officer's signature or countersignature is nevertheless valid and sufficient for all purposes as if the officer had remained in office until delivery.
(c) Each bond must mature not later than 30 years after issuance.
(d) All bonds must be sold in the manner, either at public or private sale, and upon the terms as the County Executive directs. Any contract to acquire property may provide that payment must be made in bonds. Any bond issued under this Chapter is not subject to Article 31, Sections 10 and 11 of the Maryland Code. (1994 L.M.C., ch. 12, § 1; 2006 L.M.C., ch. 33, § 1.)
(a) Any bond issued under this Chapter is not an indebtedness of the County within the meaning of Section 312 of the Charter.
(b) Any bond issued under this Chapter must not pledge the full faith and credit of the County and must state that the full faith and credit of the County is not pledged to pay its principal, interest, or premium, if any. (1994 L.M.C., ch. 12, § 1.)
(a) The Executive must administer each district, prepare bond issues, collect taxes and revenues, and oversee construction of infrastructure improvements. Chapter 11B does not apply to:
(1) financing, acquiring, or building any infrastructure improvement under this Chapter; or
(2) retaining consultants or other professional services in connection with financing any infrastructure improvement or administering any development district.
(b) Construction of each infrastructure improvement listed in the resolution creating a district must begin promptly when bond proceeds or other funds are available unless:
(1) the approved Capital Improvements Program provides otherwise; or
(2) the improvement is being or has already been built.
(c) (1) The County may contract with the Revenue Authority or another public agency or a private party, including any owner of property in a development district, to construct or reimburse the cost of any infrastructure improvement when significant cost or time savings have resulted or are likely to result. In a contract under this subsection, the County may reimburse the cost of an infrastructure improvement as it is being built or after construction is complete.
(2) However, any reimbursement of construction costs under this subsection must not exceed the lowest of:
(A) the unencumbered appropriation available for that item;
(B) the actual construction cost of the item; or
(C) a fair and reasonable price developed under a cost/price analysis method used by the Office of Procurement.
(d) The Executive must designate an employee in the Office of the Executive or the Office of the Chief Administrative Officer as the Development District Coordinator for each development district for which the Council has adopted a resolution declaring its intent to create a development district under Section 14-6. Among other duties, the Coordinator must:
(1) coordinate the preparation of the Fiscal Report for the development district as required by Section 14-8;
(2) coordinate the financing and development of County infrastructure in that development district;
(3) advise the Executive, the Council, the Chief Administrative Officer, County Department heads, the Planning Board, and any other appropriate government agency, of any action needed to expedite the financing and development of County infrastructure in that development district;
(4) serve as primary point of contact regarding the financing and development of County infrastructure and associated State and private infrastructure for residents and businesses located or potentially located in or near that development district and the developer of any development located in that development district; and
(5) advise the Executive and Council about any other action needed to assure that all required infrastructure keeps pace with private development in that development district.
(e) The Executive must report to the Council not later than January 15 and July 15 of each year on the progress made during the preceding 6 months, and the significant steps to be taken during the following 6 months, regarding each development district for which the Council has adopted a resolution under Section 14-6.
(f) If the County has not issued any bonds for a district created under this Chapter, or if all bonds issued to finance a district have been repaid, the County has been reimbursed for the cost of any infrastructure improvement funded or reimbursed by the County, and the cost of any infrastructure improvement to be paid by the County directly from special assessments or special taxes has been paid, the Council may terminate the district by resolution approved by the Executive. If the Executive disapproves a resolution within 10 days after it is adopted and the Council readopts it by a vote of 7 Councilmembers, or if the Executive does not act within 10 days after the Council adopts it, the resolution takes effect. (1994 L.M.C., ch. 12, § 1; 2008 L.M.C., ch. 34, § 1; 2010 L.M.C., ch. 46, § 2; 2022 L.M.C., ch. 40, §1.)
Editor’s note—See County Attorney Opinion dated 9/7/07 discussing methods of acquiring the construction of infrastructure for development districts. See County Attorney Opinion dated 7/26/07 discussing multiple issues deriving from the Clarksburg Master Plan and related issues regarding development districts.
2008 L.M.C., ch. 34, took effect on January 26, 2009.
2008 L.M.C., ch. 34, § 3, states: Applicability; interpretation.
(a) Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.
(b) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.
(c) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.
(d) Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.
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