Loading...
Any other provision of law to the contrary notwithstanding, the commission shall:
(a) Cooperate and participate, in accordance with the processes and procedures hereinafter provided, with an authority to be created by interstate compact between Maryland, Virginia and the District of Columbia, in the formulation by that authority of that portion of its transit plan relating to the transit facilities and services to be provided within the district and in the revision and amendment thereof from time to time;
(b) Negotiate with the authority, the Northern Virginia Transportation District and the District of Columbia an agreement for the allocation among such governments and the district of the costs to be incurred by the authority in providing transit facilities and services; and
(c) Provide, in the manner hereinafter set forth, funds to meet the obligations allocated to the district pursuant to such agreement. (Mont. Co. Code 1965, § 72-11; 1965, ch. 870, § 1.)
(a) The district is authorized to enter into contracts or agreements with the authority pursuant to which the authority undertakes to provide the transit facilities and services to the district, specified in a mass transit plan adopted by the authority, in consideration for the undertaking by the district to contribute, such sums as shall be agreed on, to the capital required for the construction or acquisition of the transit facilities, for debt service requirements and for meeting expenses and obligations incurred in the operation of the facilities. The district may not enter into any contracts or agreements with respect to transit facilities and service in either Montgomery or Prince George's Counties unless the governing body of the affected county adopts a resolution approving the transit facilities and service proposed to be provided in its county, the terms and provisions of the contract or agreement and the allocation between the counties of the obligations created by the contract or agreement. The failure of one of the counties to grant approval does not preclude the district from entering into a contract or agreement for transit facilities and service to be provided to the other county, if that county grants the required approvals. Notwithstanding § 87-8, the commission may authorize such a contract or agreement with the unanimous approval of the 2 commissioners appointed by the county executive from the county granting the requisite approvals, the commissioner appointed by the governor from the affected county, and the secretary of transportation and such 4 commissioners shall constitute a quorum of the commission for the purposes of considering such a contract or agreement. (Mont. Co. Code 1965, § 72-12; 1965, ch. 870, § 1; 1968, ch. 727, § 1; 1992, ch. 22, § 1; E.S. 1992, ch. 3, § 1.)
The obligations imposed on the district by the contracts or agreements provided for in § 87-12 shall be guaranteed by Montgomery and Prince George's Counties in the proportions agreed to in the allocations approved under § 87-12. The guarantee shall be made by resolution of the county councils of Montgomery County and Prince George's County and shall be evidenced by the endorsement of the guarantee on the face of the contract or agreement, signed on behalf of each county by the secretary or clerk of the county council or by any officer designated by the county council. (Mont. Co. Code 1965, § 72-13; 1965, ch. 870, § 1; 1992, ch. 22, § 1.)
(a) For the purposes of meeting the liability of the district, if any, under the contracts or agreements provided for in § 87-12, retiring revenue anticipation notes, authorized to be issued by § 87-16 and the payment of interest on the notes, and providing funds for the administrative and other expenses and obligations of the district, there shall be levied against all the assessable property within the district, by the county councils of Montgomery and Prince George's Counties annually, a tax sufficient to meet these obligations and expenses as they mature or become payable. The tax shall be determined, levied, collected and paid over in the following manner:
At least 30 days before the tax levying period of each year, the respective county council shall certify to the commission, by counties, the whole valuation of assessable property within the district. The commission shall then determine the amounts necessary to be raised by each county for the ensuing year. The amounts shall be determined by the allocation of obligations agreed to under § 87-12 except that the administrative expenses of the commission shall be borne by each county, as set forth in § 87-15, after deducting all amounts in hand available for such purposes. The commission shall determine the number of cents per $100 necessary for each county to raise the amounts required and shall certify that amount to both county councils. The county councils in their next annual levy shall levy a tax on all land and improvements and any other property assessed for county tax purposes within the district. The tax shall be levied and collected as county taxes are levied and collected, and have the same priority right, bear the same interest and penalties and in every respect be treated the same as county taxes. The tax levied, for the ensuing year shall be collected by the respective tax collecting authorities, and every 60 days they shall remit the whole amount of tax collected to the commission.
(b) Notwithstanding subsection (a) of the section, the county councils of Montgomery County and Prince George's County may, in order to satisfy their separate guarantees of the obligations of the district under § 87-13, levy any tax which they are authorized to levy and use any available revenues or funds and may reduce the number of cents per $100 to be levied against assessable property as certified by the commission to take into account the use of the alternative funds.
(c) Nothing herein shall be deemed to be a limitation on the power of either the county council of Montgomery County or of Prince George's County to issue bonds or other obligations, in accordance with applicable provisions of law, for the purposes set forth in subsection (a) of this section or to satisfy their separate guarantees of the obligations of the district under § 87-13 or to levy taxes to discharge the obligations of any such bonds or other obligations. (Mont. Co. Code 1965, § 72-14; 1965, ch. 870, § 1; 1968, ch. 727, § 2; 1992, ch. 22, §
The commission annually shall submit to the county councils and county executives of Montgomery County and Prince George's County a budget of its requirements for administrative expenses for the next ensuing year. There shall be included in the budget as an expense of the district, the Maryland share of the expenses of the Joint Commission to Consider Matters Relating to Passenger Carrier Facilities in the Washington Metropolitan Area, which joint commission has been empowered by joint resolution of the General Assembly of Maryland to negotiate an interstate compact between Maryland, Virginia and the District of Columbia dealing with transportation. The obligation of Montgomery and Prince George's Counties, after budget approval, to appropriate for the administrative budget of the commission shall be allocated equally between the counties. The budget shall be limited solely to the administrative expenses of the commission and shall not include any funds for construction or acquisition of transit facilities or performing of transit service. The respective governing bodies shall have the right to review and to approve in whole or in part the administrative budget of the commission, and the agreement of the governing bodies of both counties shall be necessary before the commission's administrative budget may be reduced. (Mont. Co. Code 1965, § 72-15; 1965, ch. 870, § 1; 1970, ch. 467, § 1; 1972, ch. 655, § 1; 1992, ch. 22, § 1.)
(a) The commission may borrow during any fiscal year money on promissory notes, known as revenue anticipation certificates of indebtedness, to bear interest not exceeding 6% per year, signed by the chairman and the secretary or treasurer of the commission, as may be necessary to meet the liability of the district under the contracts or agreements provided for in § 87-12 and to provide funds for the administrative and other expenses and obligations of the district. The commission may reissue or renew its revenue anticipation certificates of indebtedness at the same or a greater rate of interest not exceeding 6% per year. Money borrowed within any fiscal year under this subsection shall be repaid during the next succeeding fiscal year from the proceeds of its tax and other revenues received by the commission during the next succeeding fiscal year. The notes shall be guaranteed as to payment of principal and interest by the county councils of Montgomery County and Prince George's County, which guarantee shall be endorsed on each of the notes. The guarantee shall be made by resolution of the county councils of Montgomery County and Prince George's County and shall be evidenced by the endorsement of the guarantee on each of the notes. The endorsement shall be signed on behalf of each county by the county executive or by any officer designated by the county executive. In the event of any liability under the above guarantee, the liability for each county shall be in the proportion agreed to in the allocations approved under § 87-12; except, any notes issued to provide funds for administrative expenses of the commission shall be borne by each of the counties upon the basis of population, as set forth in § 87-15.
(b) The notes authorized by this section, and the interest payable thereon, shall be and remain forever exempt from all state, county and municipal taxation in the State of Maryland. (Mont. Co. Code 1965, § 72-16; 1965, ch. 870, § 1; 1970, ch. 467, § 1; 1992, ch. 22, § 1.)
Without in any manner limiting or restricting the general powers created by this subtitle, the district shall have power:
(a) To adopt and have a common seal and to alter the same at pleasure;
(b) To sue and be sued;
(c) To make rules and regulations for the conduct of its business;
(d) Subject to the provisions of subsection (a) of section 87-12 and subject to the review and approval in whole or in part by the respective governing bodies of the counties, to make and enter into all contracts or agreements as the commission may determine which are necessary or incidental to the performance of its duties and to the execution of the powers granted under this chapter;
(e) To accept loans and grants of money or materials or property at any time from the United States of America or the State of Maryland or any agency or instrumentality thereof;
(f) In the name of the district, and on its behalf, to acquire, hold and dispose of its contract or other revenues;
(g) To exercise any power usually possessed by private corporations, including the right to expend, solely from funds provided under the authority of this chapter, such funds as may be considered by the commission to be advisable or necessary in the performance of its duties and functions;
(h) To employ engineers, attorneys, other professional experts and consultants and general and clerical employees as are necessary, and to prescribe their powers and duties and fix their compensation. The commission may not establish any merit, retirement or pension systems, but the county councils of Montgomery County and Prince George's County may, subject to appropriate agreements with the commission, include employees of the district in the retirement or pension system of either county, as may be agreed upon;
(i) To do and perform any acts and things authorized by this chapter under, through, or by means of its own officers, agents and employees, or by contracts with any persons; and
(j) To execute any and all instruments and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the district or to carry out the powers expressly given in this chapter. (Mont. Co. Code 1965, § 72-17; 1965, ch. 870, § 1; 1992, ch. 22, § 1.)
(a) In performing the duties imposed upon it by subsection (a) of section 87-11, the commission shall use its best efforts to assure that the mass transit plan adopted by the authority shall be coordinated with:
(1) Other plans and programs affecting transportation in the district, in order to achieve a balanced system of transportation utilizing each mode to its best advantage; and
(2) The general development plans for Montgomery and Prince George's counties and for all cities and towns located in such counties exercising planning powers.
(b) Coordination of planning shall be achieved, as follows:
(1) It shall be the duty and responsibility of each member of the commission to serve as the liaison between the commission, the county by which he was appointed and the cities and towns located therein and those members of the commission who are also members of the authority shall provide liaison between the commission and the authority to the end that the commission, the counties, cities and towns embraced within the district and such authority, shall be continuously, comprehensively, and mutually advised of plans, policies and actions requiring consideration in the planning for transit and in the development of planned transit facilities;
(2) Cooperate with and participate in any continuous, comprehensive, transportation planning process cooperatively established by the Maryland State Highway Administration and the counties and cities embraced within the district to meet the planning standards prescribed by the federal aid highway acts;
(3) To the extent not inconsistent with or in duplication of the planning process specified in paragraph (2) of this subsection, cooperate with the Maryland-National Capital Park and Planning Commission, Maryland State Planning Department, the National Capital Regional Planning Council, the Washington Metropolitan Council of Governments, the Washington Metropolitan Area Transit Commission and the Maryland State Highway Administration. Such cooperation shall include the creation, as necessary, of technical committees composed of personnel concerned with planning and collection and analysis of data relative to decision-making in the transportation planning process; and
(c) Any provision herein to the contrary notwithstanding, the commission shall comply with the provisions of chapter 85 of this Code with respect to the referral to the Maryland-National Capital Park and Planning Commission for the projects therein specified. (Mont. Co. Code 1965, § 72-18; 1965, ch. 870, § 1; 1992, Ch. 22, § 1.)
Editor's note—The provisions of chapter 85 are now codified in the Land Use Article of the Maryland Code.
Loading...