AGENDA ITEM #4
March 16,2010
Introduction
MEMORANDUM
March 12,2010
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Analyst~l1ill
Introduction:
Expedited Bill 8-10, Finance - Public Facilities
Easements
Agricultural
Expedited Bill 8-10, Finance - Public Facilities - Agricultural Easements, sponsored by the
Planning, Housing, and Economic Development Committee, is scheduled to be introduced on
March 16,2010. A public hearing is tentatively scheduled for April 6 at 1:30 p.m.
Bill 8-10 would amend the definition of public facility to explicitly include the purchase of
agricultural easements as defined in Article 3 of Chapter 2B (the County Agricultural Easement
Program (AEP». Under current practice, the AEP is funded by Agricultural Transfer Taxes. At
its March 4 worksession on the Agricultural Land Preservation Easements project in the CIP, the
PHED Committee expressed an interest in allowing general obligation bonds to be used to
purchase agricultural easements. However, the Committee was advised by the Department of
Finance that G.O. bonds could not be used to purchase easements because in the Department's
view, easements were not included in the definition of "public facilities" in Chapter 20. Bill
8-10 would not create a new easement program, but enable the use of a different type of funding
in addition to the Agricultural Transfer Taxes for an easement program that is already in
operation.
This packet contains:
Expedited Bill 8-10
Legislative Request Report
Circle
1
3
F:\LAW\BILLS\I 008 Finance - Public Facilities - Ag Easements\Intro Memo.Doc
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Expedited Bill No.
8-10
Concerning: Finance - Public Facilities ­
Agricultural Easements
Revised:
3/9/2010
Draft No. _1_
Introduced:
March 16. 2010
Expires:
September 16. 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
_--:-~
_ _ _ _ _ __
Sunset Date:
-!..!N~on~e~~:--
_ _ __
Ch. _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Planning, Housing, and Economic Development Committee
AN EXPEDITED ACT
to:
(1)
(2)
amend the definition of public facility to include the purchase of certain agricultural
easements; and
generally amend the county finance law.
By amending
Montgomery County Code
Chapter 20, Finance
Section 20-14
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.
Deleted from existing law or the bill by amendment.
Existing law unaffocted by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL
No.
8-10
1
2
Sec. 1.
Section 20-14 is amended as follows:
20-14. Definition of "public facilities."
3
4
As used [herein, the term "public facilities" shall mean the following] in this
Chapter,
public facilities
means:
5
6
7
*
(g)
*
*
The planning, acquisition, construction, improvement, repaIr,. and
extension of water systems and facilities and sewerage systems and
facilities[.]; and
Article
J
of
8
9
10
11
.Qi}
The purchase of agricultural easements as defined
Chapter 2B.
In
Sec. 2.
Expedited Effective Date.
12
The Council declares that this legislation is necessary for the immediate
protection of the public interest. Section 20-14(h), as amended by Section 1 of this
Act, takes effect on the date on which it becomes law.
Approved:
13
14
Nancy Floreen, President, COlll1ty COlll1cil
Approved:
Date
Isiah Leggett, COlll1ty Executive
This is a correct copy o/Council action.
Date
Linda M. Lauer, Clerk of the Council
Date
@-
f:\law\bills\1008 finance - public facilities - ag easements\bill1.doc
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LEGISLATIVE REQUEST REPORT
Expedited Bill 8-10,
Finance
­
Public Facilities
­
Agricultural Easements
DESCRIPTION:
Expedited Bill 8-10 amends the definition of public facilities in Chapter
20 to include the purchase of agricultural easements as defined in Article 2
of Chapter 2B.
Under the current interpretation of County law, the definition of public
facilities in Section 20-14 precludes the County from issuing general
obligation bonds to purchase agricultural easements.
PROBLEM:
GOALS AND
OBJECTIVES:
To clarify County law such that the use of general obligations bonds can
be used to purchase agricultural easements.
COORDINATION:
Departments of Finance and Economic Development
FISCAL lMPACT:
To be requested.
ECONOMIC
IMPACT:
To be requested
SOURCE OF
INFORMATION:
Amanda Mihill, Legislative Analyst, 240-777-7815
APPLICATION
WITHIN
MUNICIPALITIES: To be researched.
PENALTIES:
None.
F:\LAw\BILLS\1 008 Finance - Public Facilities - Ag
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