Bill No.
34-10
Concerning: Finance - Public Facilities­
Private Projects
Draft No. 3
Revised:
11/23/2010
Introduced:
May 18,
2010
Enacted:
November
23, 2010
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -.:..:.No:=.!n=e'----:_ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Leventhal, Knapp, and EIrich
AN
ACT to:
(1)
(2)
(3)
(4)
amend the definition of public facilities to specifically exclude the construction,
reconstruction, extension, acquisition, improvement, enlargement, alteration, repair,
or modernization of any [[privately owned building or facility]] nonpublic school
building;
wend the definition of public facilities to include the purchase of facade easements:
prohibit the use of general obligation serial maturitv bonds for projects ([that do not
meet the definition of public facilities]] under certain circumstances; and
generally amend the county finance law.
By amending
Montgomery County Code
Chapter 20, Finance
[[Section]] Sections 20-14 and 20-15
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 34-10
1
Sec.
1.
[[Section]] 20-14 [[is]) and 20-15 are amended as follows:
20-14. Definition of "public [[facilities]) facility."
As used in this Chapter,
public [lfacilities]] facililY,.
means:
(
a)
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The construction, reconstruction, improvement, extension, alteration,
repair, purchase,
conversion~
and modernization of any public school
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[[buildings)J building or any [[buildings]] building used for public
school purposes, [[including anY....SRch County-owned building leased to
a private entity,)] including the [[sites]) site therefor, the cost of
acqmnng any such [[buildings]] building or [[sites]] site, any
architectural and engineering services, including preparation of any
[[plans, drawings and specifications]] plan, drawing. or specification for
such [[schools]] school or the conversion or modernization thereof and
the development of the grounds, and all customary permanent
appurtenances and recreational and pedagogical equipment for such
[[schools]] school;
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*
(c)
*
*
The construction, reconstruction, extension, acquisition, improvement,
enlargement, alteration, repair and modernization of any [[structures]] .
building or structure that is or will be owned by the County or any
building or structure useq to house any [[of the functions]] function of
[[or
for
the
use of the
county)J
~
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County
government
[[or
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administration]], especially
health [[clinics]] clinic, rescue
[[squads]] squad, fire engine [[houses and)] house or police [[stations]]
station, [[airports and]] airport
OJ;
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landing [[fields]] field, [[parks and]]
park or recreational [[facilities]] facility, or any combination of the
foregoing, including the acquisition and development of [[sites
therefor]] any site, [[the]) an,Y architectural and engineering services
-2­
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BILL
No. 34-10
28
[[incident
thereto]]~
and the acquisition and installation of any necessary
[[furnishings]] furnishing, fire fighting and rescue squad
equipment~
and
fixed permanent equipment [[therefor]];
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*
(g)
*
*
The planning, acquisition, construction, improvement, repaIr-,- and
extension of any water [[systems and facilities)) system or facility and
sewerage [[systems and facilities]] system or facility; [[and))
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(h)
The purchase of agricultural easements as defined in Article 3 of
Chapter 2B[[.]]: and
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ill
The purchase of facade easements necessary to implement a community
revitalization proi¥¥t
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[[However,
public (acilities
does not include the construction, reconstruction,
extension,
acquisition,
improvement,
enlargement,
alteration,
repaIr,
or
modernization of any building or facility owned
by
~
private for-profit or non-profit
entity, excluding any fire, rescue, and emergency medical service facility subject to
Chapter
£L]]
20-15. Borrowing money and issuing bonds-Authority.
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W
[[With regard to]] For any County borrowing authorized by law on the
full faith and credit of the County to finance the public facilities defined
in [[the preceding section]] Section 20-14, the County must evidence
that borrowing or indebtedness by [[the issuance of its]]
i.ss.ying
general
obligation serial maturity bonds. Subject to the terms and conditions in
this Section, the County Executive must determine the terms and
conditions of any such bonds, the interest payable
advertising for their sale.
thereon~
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and the .
(hl
[[Any such]] Qeneral obligation serial maturity bonds may be issued
[[under the authority of this division and]] for the purposes enumerated
-3­
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BILL
No. 34-10
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m [[the preceding section]] Section 20-14 at any time, within the
limitations provided by law.
[[Bonds]] Except as provided in
subsection ec), bonds must not be used to fund any project that is not a
public facility as defined in Section 20-14.
(£1
General obligation serial maturity bonds may be used to fund a project
that is not a public facility as defmed in Section 20-14 if
th~uncil
fmds that:
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ill
ill
ill
the facility for which the bonds would be used is an integral part
of a facility that would qualify for bonds under this Article;
the facility is necessary to serve a public purpose; and
the recipient of bond funds agrees:
fA)
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not to selL lease, exchange, gIve away, or otherwise
transfer or dispose of any interest in the property that was
acquired, constructed, extended, improved, enlarged",.
altered, repaired, or mo!iernized with bond funds without
County approval for 20 years; and
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ill)
if the County permits the transfer or disposition of the
property, to repay the County the percentage of the
proceeds allocable to the bond funds used to acquire,
construct, extend, imprQve. enlarge. alter, repair, _
or
modernize the property.
[[(£1]]
UIl
[[All]] Any action taken [[pursuant to]] under this Article must be
[[taken]] by order of the County Executive. The County Executive
must [[cause]] send a correct copy of every such order to [[be filed
with]] the Clerk of the County Council, who must keep a permanent
record of [[all of such orders; and certification]] each order.
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BILL
No. 34-10
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Certification by the Clerk is evidence of the authenticity of [[any such]]
each order.
Approved:
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Approved:
N~::t:tcil
(I
/).3/IQ
President
, Date'
86
Isiah Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk of the Council
Date
- 5­