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(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.)
(a) The commission shall keep and preserve complete and accurate accounts and records of all monies received and disbursed by it and of all of its business and operations and of all property and funds owned or managed by it or under its control.
(b) On or before the first day of December in each year, the commission shall make an annual report of the activities of the district for the preceding fiscal year to the county councils and county executives of Montgomery County and Prince George's County. The report shall include a complete operating and financial statement covering the operations of the district during the year. The commission shall cause an audit to be made of the books and accounts of the district at least once in each year by certified public accountants. The cost of the audit shall be treated as an item of administrative expense. (Mont. Co. Code 1965, § 72-19; 1965, ch. 870, § 1; 1970, ch. 467, § 1; 1992, ch. 22, § 1.)
The exercise of the powers granted by this chapter is in all respects for the benefit of the people of the State of Maryland and of the district and is a public purpose and the district and the commission will be performing an essential governmental function in the exercise of the powers conferred by this chapter. Accordingly, the district shall not be required to pay taxes or assessments upon any property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities or upon any revenues therefrom and the property and the income derived therefrom shall be exempt from all state, county and local taxation. (Mont. Co. Code 1965, § 72-20; 1965, ch. 870, § 1.)
(a) The geographical area embraced within the district may be enlarged to include any additional county, or part thereof, upon such terms and conditions, consistent with the provisions of this chapter, as may be agreed upon by the commission and such additional county and in conformance with the following procedures. The governing body of the county desiring to be included in the district shall adopt an ordinance or resolution, as may be appropriate, specifying the area of the county to be included and a statement that a contract or agreement between the county and the district, specifying the terms and conditions of admittance to the district has been executed. The ordinance or resolution to which shall be attached a certified copy of such contract shall be filed with the commission. Upon such filing, the district shall thereupon be enlarged to embrace the county or the portion thereof specified in the contract.
(b) A county may withdraw from the district by resolution or ordinance, as may be appropriate, adopted by majority vote of the governing body thereof. The withdrawal of any county shall not be effective until the resolution or ordinance of withdrawal is filed with the commission. The withdrawal from the district of any county shall not relieve such county from the obligation of any guarantee made by such county with respect to contracts, agreements, notes, certificate of indebtedness or other obligations of the district nor from the obligation to levy taxes and pay over to the district the proceeds therefrom for the purposes and in the manner set forth in section 87-14. (Mont. Co. Code 1965, § 72-21; 1965, ch. 870, § 1.)
The term "municipal corporation" in article XI-E of the Constitution of Maryland, does not embrace or include the commission or the district. The commission and the district cannot be classified in any group of municipal corporations as required by said article XI-E and that article has no application to the commission or to the district. (Mont. Co. Code 1965, § 72-22; 1965, ch. 870, § 1.)