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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.
Prior to October 1 of each calendar year, the commission shall prepare and submit to each county governing body a six-year capital improvements program. The capital improvements program shall include a statement of the objectives of the capital programs and relationship of these programs to the county's adopted long range development plans; shall recommend capital projects and a construction schedule; and shall provide an estimate of cost and a statement of all funding sources. The capital improvements program shall include all programmed land and major equipment acquisition, construction, and development.
Each county governing body shall, on or before adoption of its annual budget and appropriations resolution, adopt the six-year capital improvements program. Such adoption shall occur only after public hearings thereon which may be conducted in conjunction with public hearings on their own and other agencies' six-year programs or capital budgets. In its adoption, the county governing body may make such amendments, revisions or modifications as it may determine. Any such amendment, revision or modification shall not become final until submission to the commission for written comment on at least thirty days' notice.
The capital budget of the commission for the succeeding fiscal year shall include such projects so as to be in full conformity with that part of the capital program adopted for the first of the six-year program. No such capital project shall be undertaken, in whole or in part, which is not in conformity with that part of the program applicable to that year unless the same shall be amended by the county governing body on its own initiative or at the request of the commission and after public hearing upon reasonable notice to the public.
Notwithstanding anything herein to the contrary, no action taken by any county governing body, and no failure of any county governing body to take any action, with respect to any capital improvements program or capital budget of the commission shall affect or impair any obligation for a commitment of the commission or any county arising out of any present or future contract or agreement between the commission, either of such counties and the Washington Metropolitan Area Transit Authority for financing the construction or operation of any transit facilities. (1970, ch. 163, § 1.)
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