Bill No.
23-11
Concerning: Development
Districts,
Special Taxing Districts - Duplication
of Funding
Draft No.
4
Revised:
11-29-12
Introduced:
June
21. 2011
Enacted:
December
4,2012
Executive: _ _ _ _ _ _ _ __
Effective: _---:-:----_ _ _ _ _ __
Sunset Date:
_N:....:.o:::::.:n"'-=e~---::--
_ _ __
Ch, _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Eirich, Council President Ervin, and Councilmembers Berliner and Navarro
AN
ACT to:
prohibit any development district from fmancing any infrastructure improvement
financed or credited by any other government agency;
(2)
prohibit the White Flint Special Taxing District from imposing a
tax
to pay for any
infrastructure improvement financed or credited by any other government agency;
ill
prohibit the County from allowing a credit toward the pavment of any development
impact
tax
or any other tax, fee, or charge. for that part of any infhlstructure
improvement financedby a development district or the White Flint Special Taxing
Distrifh and
[[(3)]]
£±l
generally amend County law regarding the financing of infrastructure
improvements.
By amending
Montgomery County Code
Chapter 14, Development Districts
[[Section]] Sections 14-9 and 14-10
Chapter 68C, White Flint Special Taxing District
[[Section]] Sections 68C-J and 68C-4
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface bracketsD
* * *
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
(1)
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No.
23-11
1
Sec.
1.
Sections
14-9~
14-10. 68C-3, and 68C-4 are amended as follows:
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3
14-9. Second Council Resolution.
*
(h)
*
*
4
5
An infrastructure improvement financed by a development district may
include any infrastructure required by the Plam1ing Board as a condition
of project, preliminary, or site plan approval.
[[A]]
=~~~~=~
approved by a Council resolution, a development district must not
finance that part ofthe cost of any infrastructure improvement that has:
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7
8
9
ill
(2J
[[has]] been [[or is likely to be financed]] paid for
Qy
any other
governmentagency,QG
[[for which any government agency may issue any]]
~~~~
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credit toward the payment of the development impact tax or any
other tax, fee, or charge.
14
15
*
14-10.
*
*
*
*
Special Taxes and Assessments.
16
*
(g)
17
18
The County must not allow a credit toward the payment of any
development impact
tax
levied undec Chapter 52, or any other tax, fee,
or charge, for that
pad:
of any infrastructure improvement financed by a
development district
19
20
21
68C-3.
Levy of Tax; Limits.
22
23
24
25
*
*
*
oth~[IDx,
ill
The County must not allow a credit toward the payment of any
development impact tax levied under Chapter 52, or any
or charge, for that
p~rtof
fee,
any infrastructure improvement financed by
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the White Flint Special Taxing District.
68C-4.
Transportation Infrastructure Improvement Resolution.
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BILL No. 23-11
28
29
*
*
*
[(0;)]]
W
[[A]]
Except as expressly approved by a Council resolution, a tax
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imposed under Section 68C-3 must not
~
for that part of the cost of
any infrastructure improvement that has:
ill
al
[[has]] been [[or is likely to be financed]] paid for
Qy
any other
governmentagency,QG
[[for which any government agency may issue any]] received a
credit toward the payment of the development impact
tax
or any
other tax, fee, or charge.
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Sec.2. Statement of Intent.
The Council intends that. if any further special
taxing district is created by law:
~
except as expressly approved by a Council resolution, a tax imposed
under the authorizing law must not pay for that part of the cost oLmy
infrastructure improvement that has:
42
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44
ill
al
LQl
been paid for by any other government agency, or;
received a credit toward the payment of the development
tax or any other tax,
fe~,
im~
or charge: and
45
the County must not allow a credit toward the payment of
4illY
development impact tax levied under Chapter 52. or any other tax,
~
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48
or charge, for that part of apy infrastructure improvement. financed by
the special taxing district.
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BILL
No. 23-11
49
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Approved:
/;2
Date
Approved:
cfl..
Isiah Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk ofthe Council
Date
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