Sec. 42-8. Removal of members.

   A voting member of the Authority may be removed by the Executive with the approval of the Council for misfeasance, malfeasance or willful neglect of duty, after reasonable notice and a public hearing unless either notice or a hearing are expressly waived in writing by the member. Any voting member of the Authority who is absent from 25 percent or more of the scheduled meetings or hearings during any one-year period has resigned by operation of law. A scheduled meeting or hearing for this purpose means a meeting or hearing for which at least 7 days advance notice was given. This resignation becomes effective 30 days after notice is forwarded to the Executive. The Chair of the Authority must notify the Executive of any member who has so resigned within 30 days after the resignation and must include in the notification any known extenuating circumstances. The Chair must also send notice to all members of the Authority. The Executive may waive the resignation for good cause such as illness, emergency situations or other extenuating circumstances. The affected member must be notified in writing by the Authority whether a waiver is granted. If a waiver is not granted, a successor must be appointed to complete the unexpired term in the manner prescribed by law. Votes or other actions by the Authority are not affected by the removal or resignation of a member under this Section. (1992 L.M.C., ch. 35, § 2; 1998 L.M.C., ch. 33, § 1.)

Sec. 42-9. Quorum; Meetings.

   Three voting members of the Authority are a quorum. A vacancy in the Authority does not impair the right of a quorum to exercise all of the rights or perform all of the duties of the Authority.

   The Authority must hold its meetings in a room that will hold a reasonable number of members of the public, and must (except in an emergency) give at least 3 days' advance written notice of each meeting to those members of the public who have asked in writing to receive notice. (1992 L.M.C., ch. 35, § 2; 1998 L.M.C., ch. 33, § 1.)

Sec. 42-9A. Annual report; publication of budget.

   (a)   The Authority must publish and make available to the public each year an annual report that summarizes its activities during the preceding fiscal year and its future plans in a non-technical, readable format.

   (b)   The Authority must publish and make available to the public each year, not later than May 1, its proposed annual operating budget for the next fiscal year. (1998 L.M.C., ch. 33, § 1.)

Sec. 42-10. Powers.

   The Authority may exercise all powers necessary or convenient for carrying out its purposes.

   These powers include:

   (a)   perpetual existence as a corporation;

   (b)   rights to sue and be sued, to implead and be impleaded, to complain and defend in all courts;

   (c)   power to adopt, use, and alter at will a corporate seal;

   (d)   power to acquire, purchase, hold, and use any property, real, personal, or mixed, tangible or intangible, or any interest necessary or desirable for carrying out the purposes of the Authority;

   (e)   power to lease as lessee any property, real, personal or mixed, or any interest in property, for a term not exceeding 99 years at a nominal or other rent;

   (f)   power to lease as lessor to any person, any project at any time constructed by the Authority, whether wholly or partially completed, and any property, real, personal or mixed, tangible or intangible, or any interest in property, at any time acquired by the Authority, whether wholly or partially completed;

   (g)   power to sell or otherwise transfer to the County any project at any time constructed by the Authority, and any property, real, personal or mixed, tangible or intangible, or any interest in property, at any time acquired by the Authority;

   (h)   power to acquire by purchase, lease or otherwise hold and to construct, improve, equip, furnish, maintain, repair and operate projects;

   (i)   power to appoint officers, attorneys, accountants, agents, and employees; to prescribe their duties and to fix their compensation; and to provide a merit system for its employees;

   (j)   power to appoint an executive officer;

   (k)   power to make bylaws for the management and regulation of its affairs;

   (l)   power to fix, charge, and collect tolls, rates, rents, and other charges for the use of the facilities of, or for the services rendered by, the Authority or its projects, at reasonable rates, to be determined by the Authority to:

      (1)   pay the expenses of the Authority;

      (2)   construct, improve, repair, equip, furnish, maintain, and operate its facilities and projects;

      (3)   pay the principal and interest on its bonds and obligations; and

      (4)   fulfill the terms of any agreements with the purchasers or holders of its bonds or obligations;

   (m)   power to borrow money and issue negotiable revenue bonds, on a taxable or tax exempt basis, and to secure the payment of such bonds, or any part thereof, by pledge or indenture of trust of all or any part of its revenues, rents and receipts. The Authority may issue bonds on behalf of the County for the public purposes of the County;

   (n)   power to make contracts of every kind and to execute all instruments necessary or convenient to carry on its business;

   (o)   power to borrow money and accept grants from, and to enter into contracts, leases, or other transactions with, any federal or state agency;

   (p)   power to acquire in its own name, by condemnation under the State condemnation law, real property, rights, or easements, franchises, and licenses convenient for its corporate purposes. However, the Authority is under no obligation to accept and pay for any property condemned under this Chapter except from the funds provided to the Authority under this Chapter. In any proceeding to condemn property, the Court may enter such orders as may be just to the Authority and to the owner of the property to be condemned. Property owned by the County, or by any County agency, or property of the State, may not be acquired by the Authority by purchase or condemnation without the prior consent of the Executive or the Board of Public Works of the State, as applicable;

   (q)   power to pledge, hypothecate or otherwise encumber revenues or receipts of the Authority as security for obligations of the Authority;

   (r)   power to do all acts and things necessary or convenient to carry out the powers granted to it under this Chapter or any other law, resolution, or regulation;

   (s)   power to enter into agreements with the State Highway Administration or any other public body providing for the construction or reconstruction of highways and bridges by the Authority, if necessary for the acquisition or construction of toll bridges or roads by the Authority;

   (t)   power to acquire, by assignment from the State or the County, contracts which are not completed and which involve constructing, improving, equipping, furnishing, maintaining, and operating structures, facilities, or undertakings similar to those designated as projects; and

   (u)   power to convey to the County all of its right, title and interest in any project if the revenue bonds or revenue refunding bonds issued under this Chapter to provide the funds for the cost of a project or to secure funding for other projects has been paid and retired. (1992 L.M.C., ch. 35, § 2.)

Sec. 42-11. Delegation of powers and duties.

   The Authority may delegate to one or more of its members, or to its officers, agents, and employees, any of the Authority's powers and duties. (1992 L.M.C., ch. 35, § 2.)

Sec. 42-12. General regulations relative to members and employees.

   (a)   Merit system. The Authority may establish a merit system for its employees. Upon establishment of a merit system by the Authority, the employment and tenure of all full-time employees of the Authority, except the executive officer, must be subject to the system.

   (b)   State retirement system. All employees of the Authority, including the executive officer, may join the State of Maryland employees retirement system in a like manner as provided for the employees of the County.

   (c)   Charter requirements. Members and employees of the Authority are subject to Sections 405, 406, 407, 408, 409, and 410 of the County Charter.

   (d)   Ethics. Members and employees of the Authority are subject to Chapter 19A.

   (e)   Executive Officer. The Executive Officer serves at the pleasure of the Authority, is responsible to it and receives the salary fixed by the Authority. The executive officer is the chief administrative officer of the Authority. The Authority may delegate to the Executive Officer any of its administrative powers and authorizations. The executive officer must be of good character, integrity and business experience and, during the time of employment, must have no financial interest in any facilities or projects with respect to which the Authority has jurisdiction or any power to act. (1992 L.M.C., ch. 35, § 2; 1998 L.M.C., ch. 33, § 1.)

Sec. 42-13. Six-year programs; project approval.

   (a)   Six-year programs.

      (1)   Before October 1 each odd-numbered calendar year, the Authority must prepare and submit a six-year capital improvements program to the Executive. The capital improvements program must include:

         (A)   a statement of the objectives of the capital program and relationship of the program to the County's adopted long range development plans;

         (B)   recommended capital projects and a construction schedule; and

         (C)   an estimate of cost and a statement of all funding sources.

      (2)   The capital improvements program must include all capital projects and programs of the Authority, including substantial improvements and extensions of projects previously authorized. Except as otherwise authorized under this Chapter, an improvement or extension of any existing project must not be undertaken unless approved in the capital improvements program.

      (3)   The Executive must include the Authority's six-year program, with any recommended revisions and modifications, in the comprehensive six-year program submitted to the Council under Section 302 of the County Charter.

      (4)   The Council must adopt a six-year capital improvements program for the Authority as a part of the County's comprehensive six-year program. The Council may amend the program. Any amendment must not become final until it is submitted to the Authority for written comment on at least 30 days notice.

      (5)   The capital budget of the Authority for the succeeding fiscal year includes projects in the first year of the six-year capital program. A capital project must not be undertaken unless it is approved in the capital program or otherwise authorized under this Chapter.

   (b)   Notice of proposed project; rejection by Executive.

      (1)   Before a project starts, the Authority must advise the Executive in writing of its intention to begin the project, outlining the nature and the estimated cost of the project.

      (2)   The Executive must notify the Authority of any rejection of the project, including reasons for the rejection. The Executive's notice of rejection must be in writing and delivered to the Authority within 60 days after the Executive receives notice of the project from the Authority.

      (3)   If the Executive rejects the project, the Authority must not proceed with construction or operation of the project, nor issue any bonds for the project.

      (4)   If the Executive approves the project, or does not reject the project within 60 days after the Authority's notice, the Authority may proceed with construction or operation of the project.

   (c)   Threshold. Notwithstanding other requirements of this Section, the Authority may make an improvement to an existing project without inclusion in the six-year capital improvements program or approval of the Executive if the cost of the improvement does not exceed $50,000. (1992 L.M.C., ch. 35, § 2; 1998 L.M.C., ch. 33, § 1.)

Sec. 42-14. Executive's approval of plans for proposed project.

   Unless otherwise provided by law, plans and specifications for Authority projects for use by the County must be approved by the Executive or designee before the Authority may proceed with any procurement for construction or operation of the project. (1992 L.M.C., ch. 35, § 2.)

Sec. 42-15. Conveyances, assignments and advances to Authority.

   (a)   The Executive may:

      (1)   convey to the Authority title to any lands, streets, alleys, buildings, facilities, or other public places, on payment to the County of the reasonable value of the properties as determined by the Authority and the Executive, with the approval of the Council. Payment may be in cash or in bonds of the Authority at par value; and

      (2)   assign to the Authority any rates, rents, fees, or charges owed to the County to provide additional security for any revenue bonds or for other purposes the Authority and the County may agree.

   (b)   In addition to advances authorized by Section 42-19, the Council may advance County general funds to the Authority for expenses for investigations, engineering and architectural studies, opinions, and compensation of employees and counsel which may be incurred before the sale of its revenue bonds. These advances must be repaid out of the first proceeds of the sale of revenue bonds by the Authority after the advance. (1992 L.M.C., ch. 35, § 2.)