AGENDA ITEM #28
June 22,2010
Public Hearing
MEMORANDUM
June 18,2010
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Analyst~
Public Hearing:
Bill 34-10, Finance
-
Public Facilities - Private Projects
Bill 34-10, Finance - Public Facilities - Private Projects, sponsored by Councilmembers
Leventhal and Knapp, was introduced on May 18, 2010. A Management and Fiscal Policy
Committee worksession is tentatively scheduled for July 12 at 9:30 a.m.
Bill
34-10 would 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.
This packet contains:
Bill 34-10
Legislative Request Report
Circle
1
3
F:\LAW\B ILLS\ 1034 Finance - Public Facilities - Private Projects\Public Hearing Memo.Doc
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Bill No.
34-10
Concerning: Finance - Public Facilities ­
Private Projects
Revised:
5/14/2010
Draft No. _1_
Introduced: _ _ _ _ _ _ _ __
Expires: _ _ _ _ _ _ _ _ __
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: --'->N""'on...."e=--_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Leventhal and Knapp
AN
ACT to:
(1)
(2)
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; and
generally amend the county fmance 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.
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
2
3
Sec.
1.
Section 20-14 is amended as follows:
20-14. Definition of "public facilities."
As used in this Chapter,
public facilities
means:
4
5
*
extension,
acquisition,
improvement,
*
*
alteration,
repaIr,
or
However,
public facilities
does not include the construction, reconstruction,
enlargement,
6
7
8
modernization of any building or facility owned .hy
~
private for-profit or non-profit
entity, excluding any fire, rescue, and emergency medical service facility subject to
Chapter 21.
Approved:
9
Nancy Floreen, President, County Council
Approved:
Date
Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
Date
Linda M. Lauer, Clerk ofthe Council
Date
@laW\biIlS\1034 finance - public facilities - private projects\bill1.doc
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LEGISLATIVE REQUEST REPORT
Bill 34-10,
Finance
-
Public Facilities
-
Private Projects
DESCRIPTION:
Bill 34-10 amends the definition of public facilities
III
Chapter 20 to
exclude the construction, reconstruction, extension, acquisition,
improvement, enlargement, alteration, repair, or modernization of any
privately owned building or facility.
County law could be interpreted to allow the use of general obligation
bonds to fund private projects that meet the definition of public facilities
in §20-14.
PROBLEM:
GOALS AND
OBJECTIVES:
To clarify County law such that private projects are not eligible to be
funded by general obligation bonds.
COORDINATION:
Department of Finance
FISCAL IMPACT:
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\J 034 Finance - Public Facilities - Private Projects\LrrDoc