(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.