(a) Powers. To further its statutory purposes, but subject to the limitations in subsection (b), an urban district corporation may:
(1) acquire, hold, and use both real and personal property and other property rights necessary to achieve its purposes, including acquisition by purchase or lease;
(2) make contracts, including employment contracts and contracts for goods and services;
(3) sue and be sued;
(4) accept grants, gifts, or other contributions;
(5) establish commercial bank accounts, with any earnings on funds inuring to the corporation; and
(6) take other necessary or convenient actions.
(b) Limitations. An urban district corporation must not:
(1) pledge the full faith and credit of the County;
(2) issue bonds or notes;
(3) exercise any police or general power of the County, except those expressly authorized by law;
(4) exercise the power of eminent domain;
(5) lease any property as tenant for a term of years beyond the date of termination of the corporation;
(6) purchase, sell, construct, or, as a landlord, lease office or retail space; or
(7) except as otherwise authorized under this Chapter, compete with the private sector.
(c) Maintenance agreements. An urban district corporation and an optional method developer may enter into an agreement for:
(1) the corporation to maintain streetscape amenities on private or public property; or
(2) an optional method developer to maintain streetscape amenities on public rights- of-way.
(d) Applicability of County Procurement Policies.
(1) The requirements of Chapter 11B (Procurement) do not apply to procurement by an urban district corporation. However, the corporation must make a good faith effort to meet the minority, female, and disabled business procurement goals that apply to County government under Chapter 11B. Similarly, the corporation must make a good faith effort to achieve procurement goals for the purchase of recycled goods that apply to County government under Chapter 11B. The corporation must submit a report to the Chief Administrative Officer by September 1 of each year describing achievement of those goals in the prior fiscal year.
(2) An urban district corporation should participate in the County cooperative purchasing program to the fullest extent possible. To the extent practicable and cost effective, the corporation must utilize the County's centralized purchasing system by purchasing goods under County requirement contracts with vendors or using existing County inventories.
(e) County not liable; Suits by corporation against County prohibited; styling of suits by or against the corporation; County Attorney.
(1) The County is not liable, in contract or tort, for any obligation, act, or omission of an urban district corporation or its agents or employees. Any contract executed by an urban district corporation must state that the County is not liable for any obligation of the corporation under the contract.
(2) An urban district corporation must not sue the County as plaintiff.
(3) As a commercial district management authority, each corporation is a "local government" as that phrase is used in the Local Government Tort Claims Act. A lawsuit brought by or against an urban district corporation must name the urban district and the corporation as follows: "(geographic area) Urban District Corporation for the benefit of the (geographic area) urban district, a special taxing district of Montgomery County, Maryland." The special taxing district should be considered the real party in interest under Maryland Rules of Procedure and for purposes of the Local Government Tort Claims Act.
(4) The County Attorney is the legal advisor to each urban district corporation and must be notified of any legal action brought by or against the corporation. This paragraph does not prohibit a corporation from hiring additional legal counsel approved by the County Attorney. (1987 L.M.C., ch. 2, § 2; 1993 L.M.C., ch. 16, § 1; 1993 L.M.C., ch. 24, § 1.)