Sec. 42-25. Limitation or alteration of Authority's rights.

   Under Chapter 601 of the 1992 Laws of Maryland, the County may not limit any powers, authority, rights, or obligations of the Authority if the limitation would violate the pledge of the State under Section 42-25 of Article 16 of the Code of Public Local Laws of Maryland, as that Section existed on May 26, 1992. (1992 L.M.C., ch. 35, § 2.)

Sec. 42-26. Tax exemption; assessments.

   (a)   Under Chapter 601 of the 1992 Laws of Maryland, the establishment of a project under this Chapter is in all respects for the benefit of the inhabitants of Montgomery County and is a public purpose. The County, the State and the Authority are performing an essential governmental function in exercising the powers conferred by this Chapter. The Authority must not be required to pay any tax or assessment on:

      (1)   any facility on or any part of a facility;

      (2)   activities of the Authority in the operation and maintenance of any facility;

      (3)   any revenues from the operations or maintenance of any facility or project; or

      (4)   the bonds of the Authority or the interest on them.

   (b)   (1)   Under Chapter 601 of the 1992 Laws of Maryland, the projects and the bonds of the Authority, the interest on the bonds, and any gain realized from the sale or exchange are exempt from all State, County, municipal and local taxation of any kind or nature, unless the bonds are expressly declared by the Authority to be taxable.

      (2)   Under Chapter 601 of the 1992 Laws of Maryland, the Authority may declare any project and the bonds issued for the project, interest on the bonds, or any gain realized from the sale or exchange of the bonds to be taxable in any respect, subject to conditions contained in the declaration by the Authority.

   (c)   The Authority and the State, County, and other incorporated cities or towns in the County may enter into an agreement, for such duration as they may determine, for the payment of a stated sum in lieu of taxes by the Authority to the State or a political subdivision.

   (d)   The Authority is subject to any applicable benefits assessment, including any road, street, sewer, and water charge that may be levied by operation of law. (1992 L.M.C., ch. 35, § 2.)

Sec. 42-27. Investment in and deposit of Authority's bonds.

   Under Chapter 601 of the 1992 Laws of Maryland:

   (a)   Revenue bonds issued under this Chapter are securities in which all public officers and public agencies of the State and its political subdivisions, and all banks, trust companies, savings and loan associations, investment companies and others carrying on a banking business, all insurance companies, and insurance associations and others carrying on an insurance business, all administrators, executors, guardians, trustees, and other fiduciaries, and all other persons may legally and properly invest funds, including capital, in their control or belonging to them.

   (b)   Revenue bonds issued under this Chapter are securities which may properly and legally be deposited with and received by any State or municipal officer or any agency or political subdivision of the State for any purpose for which the deposit of bonds or other obligations of the State is authorized by law. (1992 L.M.C., ch. 35, § 2.)

Sec. 42-28. Projects subject to planning, subdivision, and zoning laws.

   Construction of any project by the Authority is subject to County planning, subdivision, and zoning laws and regulations and those of any planning commission with jurisdiction over the facility or project to the same extent as those laws and regulations apply to a project owned and built by a government agency. The Authority must refer each project that it intends to build to the County Planning Board for its review and comment, as required by Section 20-301, et. seq. of the Land Use Article of the Maryland Code, before the Authority includes the project in its capital budget under Section 42-13. (1992 L.M.C., ch. 35, § 2; 1998 L.M.C., ch. 33, § 1; 2013 L.M.C., ch. 4, § 1.)

Sec. 42-29. Authority to comply with building permit and other regulations.

   Any facility or project constructed by the Authority must be built under the laws, rules and regulations of the County. The Authority must obtain building and other permits, where required, and must pay applicable permit fees. (1992 L.M.C., ch. 35, § 2.)

   Editor’s note—See County Attorney Opinion dated 1/29/97 evaluating fees that may be charged for permits for Montgomery County Public Schools, Washington Suburban Sanitary Commission, Montgomery College, Maryland-National Capital Park and Planning Commission, Revenue Authority, and County agencies. [attachments]

Sec. 42-30. Relocation of public utilities necessitated by project construction.

   (a)   If construction of a project requires the relocation of the facilities of any public utility, whether the utility is publicly, privately, or cooperatively owned, the Authority must pay the cost of removal of the facilities from the property of the Authority and the cost of relocation, including repair of the area disturbed by the removal. The cost of relocation includes the entire amount paid by the utility attributable to the relocation, including removal, transportation of facilities and equipment, and procurement of a new site.

   (b)   The Authority is not required to pay the cost of reconstructing the facilities at a new location.

   (c)   Notwithstanding subsection (b), the Authority may contract with the utility to pay part or all of the cost of reconstructing the facilities at a new location at its discretion. (1992 L.M.C., ch. 35, § 2.)

Sec. 42-31. Acquisition of property; incumberance of property.

   The Authority may acquire real and personal property, and interests in real and personal property, and may pledge, mortgage, encumber, sell, lease, transfer, or convey any interest in its real and personal property to the County or any person to the extent not subject to any pledge or security for outstanding indebtedness. (1992 L.M.C., ch. 35, § 2.)