(a) The county council for Montgomery County is hereby authorized and empowered to carry out and effectuate the purposes and provisions of this article:
(b) Generally. To carry out urban renewal projects, which shall be limited to slum clearance in slum or blighted areas and redevelopment thereof, or the rehabilitation of slum or blighted areas.
(c) Acquisition of land and property. To acquire in connection with such projects, within Montgomery County, Maryland, land and property of every kind and any right, title, interest, franchise, easement, or privilege therein, including land or property of any right therein already devoted to public use by purchase, lease, gift, option, condemnation, or any other legal means, for development or redevelopment purposes, including, but not limited to, the demolition, comprehensive renovation or rehabilitation thereof; provided, however, that any land or property owned by the State of Maryland shall not be acquired without the prior consent of the state.
(d) Mortgage disposal, etc., of real property. To mortgage, pledge, or otherwise encumber or dispose of any real property; provided, that statutory provision with respect to the acquisition, clearance, demolition or disposition of property by public bodies shall not apply to an urban renewal project and related activities unless the legislature shall specifically so state.
(e) Development, etc., of property. To develop or redevelop, including, but not limited to, the comprehensive renovation, or rehabilitation of any and all land or property acquired by any of the methods hereinbefore mentioned.
(f) Loans, grants, gifts, etc. To apply for and accept from the United States of America, the State of Maryland, or any department or agency thereof, or any other source, any loan, grant, gift, contribution or aid of any kind.
(g) Contracts, deeds, leases, etc. To make and execute all contracts, agreements, deeds, leases, franchises, or other legal instruments, for such term and under such conditions as may be necessary or convenient to exercise and carry out the provisions of this article, notwithstanding any limitations as to the term of years imposed by other laws on such contracts, agreements, deeds, leases or franchises.
(h) Public improvements. To plan, replan, install, construct, reconstruct, repair, open, close, abandon, or vacate streets, roads, sidewalks, public utilities, parks, playgrounds, and other public improvements in connection with an urban renewal project.
(i) Right of entry. To enter into any building or property in any urban renewal area in order to make inspections, surveys, appraisals, soundings or test borings.
(j) Holding, improving, insuring, etc., property acquired. To hold, improve, clear or prepare for redevelopment any property acquired in connection with urban renewal projects; to inspect or provide for the insurance of any real or personal property or operations of the county against any risks or hazards, including the authority to pay premiums on any such insurance.
(k) Plans, surveys, etc. To make or have made all surveys and plans necessary to the carrying out of the purposes of this article and to adopt or approve, modify and amend such plans, which plans may include, but are not limited to:
(1) Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements;
(2) Plans for the enforcement of codes and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements; and
(3) Appraisals, title searches, surveys, studies, and other plans and work necessary to prepare for the undertaking of urban renewal projects and related activities; and to apply for, accept and utilize grants of funds from the federal government for such purposes.
(l) Relocation of displaced persons, etc. To prepare plans for the relocation of persons (including families, business concerns and others) displaced from an urban renewal area, and to make relocation payments to or with respect to such persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the federal government.
(m) Organization, coordination, etc., generally. To generally organize, coordinate and direct the administration of the provisions of this article in order that the objective of remedying slum or blighted areas and preventing the causes thereof with Montgomery County may be most effectively promoted and achieved.
(n) Formulation of "workable program" to promote development, etc. To formulate a "workable program" for utilizing the powers and authority authorized by the Constitution of Maryland, and public general laws, in order to promote development and redevelopment in an urban renewal area.
(o) Fiscal matters generally. To appropriate such funds and make such expenditures as may be necessary to carry out the purposes of this article, and to levy taxes and assessments for such purposes; to borrow money, and to give such security as may be required therefor; to invest any urban renewal funds held in reserve or sinking funds or any such funds not required for immediate disbursement, in property or securities which are legal investments for other municipal funds.
(p) Creation, appointment, etc., of urban renewal commission, etc. To create, appoint, and vest jurisdiction or authority to exercise or perform all or any part of the powers contained in this article, in a suitable board, agency or commission; to designate the number, term, compensation and duties of said commission; to require that no officer, official or employee of such commission, or the county council, shall become financially interested in any way in any land or property which may be acquired for an urban renewal project.
(q) Condemnation. To condemn land or property, including improvements, and any other rights, title, and interest therein, in the name of the County for an urban renewal project, under Title 12, Subtitle 1 of the Real Property Article of the Maryland Code.
(r) Temporary operation, management, etc., of property acquired. To operate, manage and maintain temporarily any property acquired by Montgomery County in an urban renewal area, or for an urban renewal project, pending disposition of said property as authorized by this article, as may be deemed desirable even though not in conformity with the urban renewal plan.
(s) Sale, lease, etc., of property acquired. To sell, lease, convey, transfer or otherwise dispose of or retain any of such land or property, regardless of whether or not it has been developed, redeveloped, altered or improved and irrespective of the manner or means in or by which it may have been acquired, to any private, public or quasi-public corporation, partnership, association, person or other legal entity. Any lease or rental agreement entered into pursuant to this article, for any of the purposes or objectives contemplated by this article, is hereby declared to be exclusively for business or commercial purposes and the fee, interest, rent, or charge reserved to be paid shall not be subject to redemption by the lessee, tenant or their successors in title, except to the extent and in the manner set forth in such lease agreement. Such property shall be subject to such covenants, conditions and restrictions, including covenants running with the land as the county council may deem to be necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this article. The purchasers or lessees and their successors and assigns shall be obligated to devote such real property only to the uses specified in the urban renewal plan, and may be obligated to comply with such other requirements as the county council may determine to be in the public interest, including the obligation to begin within a reasonable time any improvements on such real property required by the urban renewal plan. Such real property or interest therein shall be retained, sold, leased, or otherwise transferred at not less than its fair value for uses in accordance with the urban renewal plan. In determining the fair value of real property for uses in accordance with the urban renewal plan, consideration shall be given to the uses provided in such plan; the restrictions upon, and the covenants, conditions and obligations assumed by the purchaser or lessee or by the county council retaining property; and the objectives of such plan for the prevention of the recurrence of slum or blighted areas. The conveyance to a private purchaser or lessee may provide that such purchaser or lessee shall be without power to sell, or encumber, or lease, or otherwise transfer the real property without the prior written consent of the county council.
(t) Miscellaneous. To exercise all or any part or combination of powers granted herein. (Mont. Co. Code 1965, § 26-4; 1961, ch. 821, § 1; 2010 L.M.C., ch. 49, § 1.)