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(a) The Director of Finance must keep the special taxes and parking fees collected from each district in a separate fund for each district, and each fund must be used so that enough funds are available to pay the principal and interest, as they become due, upon any bonds issued to acquire, build, restore, or improve the off-street parking facilities in the particular district from which the money in that fund is collected. The balance must be used to acquire, build, maintain, or operate off-street parking facilities in that district and to reimburse the County for general revenues advanced to that district under subsection (b). If in any fiscal year any balance remains after those payments, the Director of Finance must hold it until the following fiscal year and apply it as provided in this subsection.
(b) On-site expenses in connection with the acquisition, improvement, operation, or maintenance of the off-street parking facilities must not be paid from the general revenues of the County. However, the Director of Finance may temporarily advance general revenues to acquire, build, restore, or improve those facilities. Any transfer that will not be repaid before the end of the fiscal year must be expressly approved by the County Council in an annual budget resolution or a separate resolution, and is subject to any condition imposed in either resolution. The County Executive may, by regulations issued under method (2), regulate the amount of general revenues and parking lot district funds transferred under this subsection.
(c) (1) Notwithstanding the limits in subsection (a) or (b) or any other provision of this Chapter, the County Council may transfer revenue from parking fees to:
(A) the fund of any urban district from which the fees are collected, as limited by Section 68A-4(a)(2)b;
(B) fund activities of the Department of Transportation to implement transportation system management under Section 42A-13 and Section 42A-23. Parking fee revenue transferred to fund activities in a transportation system management district must not exceed parking fees collected in that transportation system management district; and
(C) fund activities of the Department of Transportation in a parking lot district, other than any parking lot district where a transportation system management district is operating to:
(i) promote, develop, and implement transit and ridesharing incentive programs; and
(ii) establish cooperative County and private sector programs to increase ridesharing and transit usage.
Parking fee revenue transferred to fund these activities must derive only from parking fees collected in that parking lot district.
(2) In this subsection, "parking fee" means revenue from parking meters, parking permits, or any other user charge for parking.
(d) Notwithstanding the limitations in subsection (a) or (b) or any other provision of this Chapter, the County Council may transfer district funds from the unencumbered balance of the district fund set up under subsection (a) to assist mixed-use parking facility projects in the district as contemplated by Section 60-2(b). In this subsection, a mixed-use parking facility project means a mixed-use project that includes a significant public parking component and is approved in the County capital improvements program. Unless the County Council in the capital improvements program waives all or part of the repayment, each transfer of funds must be conditioned on a reasonable repayment agreement that is based on the nature of the mixed-use project.
(e) Notwithstanding the limits in subsection (a) or (b) or any other provision of this Chapter, the County Council may transfer revenue from the Silver Spring Parking Lot District parking tax:
(1) to fund activities of the Silver Spring Regional Services Center in the Montgomery Hills commercial area described in Section 60-1(a)(2), an amount in Fiscal Year 2005 that does not exceed $15,000, and in each succeeding fiscal year does not exceed the maximum amount for the previous fiscal year increased by the annual average increase, if any, in the Consumer Price Index for All Urban Consumers (CPI-U) in the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA) as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, for the previous calendar year, to:
(A) provide and maintain amenities, façade improvements, streetscape improvements, and property in public rights-of-way;
(B) promote and implement activities that benefit residential and commercial interests in the district. These activities may incidentally benefit neighboring communities; and
(C) enhance the safety and security of persons and property in public areas; and
(2) to fund projects in the Capital Improvements Program that improve the street and sidewalk infrastructure serving the Montgomery Hills commercial area described in Section 60-1(a)(2).
(f) (1) Notwithstanding the limits in subsection (a) or (b) or any other provision of this Chapter, the County Council may authorize the transfer of revenue from parking fees collected in a parking lot district in any fiscal year to temporarily fund the operations of another parking lot district. In this subsection, “parking fee” means revenue from parking meters, parking permits, or any other user charge for parking.
(2) The Council must approve any transfer under this subsection in the resolution approving the district’s annual operating budget or in a separate resolution. Each transfer of funds must be conditioned on a reasonable repayment agreement. Each authorizing resolution must specify:
(A) the purposes for which the transferred funds may be used; and
(B) the terms of repayment to the originating parking lot district. (1987 L.M.C., ch. 2, § 1; 1988 L.M.C., ch. 18, § 2; 1992 L.M.C., ch. 31, § 1; 1993 L.M.C., ch.13, § 1; 1995 L.M.C., ch. 7, § 1; 1996 L.M.C., ch. 4, § 1; 1999 L.M.C., ch. 1, § 1; 2004 L.M.C., ch. 6, § 1; 2008 L.M.C., ch. 5, § 1; 2014 L.M.C., ch. 14, § 1; 2017 L.M.C., ch. 20, §1; 2018 L.M.C., ch. 3, §1.)
Editor’s note—2008 L.M.C., ch. 5 , § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
Editor’s note—Former Section 60-17, Parking of trucks, abandoned vehicles, etc., on lots prohibited; time limit on parking—Generally, derived from Mont. Co. Code 1965, § 44-18, was repealed by 2017 L.M.C., ch. 20 , §1.
Editor’s note—Former Section 60-18, Parking of trucks, abandoned vehicles, etc., on lots prohibited; time limit on parking—Impoundment of vehicles, derived from Mont. Co. Code 1965, § 44-19, was repealed by 2017 L.M.C., ch. 20 , § 1.
Editor’s note—Former Section 60-19, Parking of trucks, abandoned vehicles, etc., on lots prohibited; time limit on parking—Penalty, derived from Mont. Co. Code 1965, § 44-20, was repealed by 2017 L.M.C., ch. 20 , § 1.
Editor’s note—Former Section 60-20, authorizing the council to amend §§ 60-4--60-19 and to regulate off- street parking facilities by ordinance, derived from Mont. Co. Code 1965, § 44-21, was repealed by § 2 of 1985 L.M.C., ch. 36. The section header reserving this number was deleted by 2017 L.M.C., ch. 20 , §1.