Agenda Item 14
July 12, 2011
Public Hearing
MEMORANDUM
TO:
FROM:
SUBJECT:
~iChael
Faden, Senior Legislative Attorney
Public Hearing:
Bill 23-11, Development Districts, Special Taxing Districts ­
Duplication of Funding
County Council
Bill 23-11, Development Districts, Special Taxing Districts - Duplication of Funding,
sponsored by Councilmember EIrich, Council President Ervin, and Councilmembers Berliner
and Navarro, was introduced on June 21, 201 L A Government Operation and Fiscal Policy
Committee worksession is tentatively scheduled for July 18 at 9:30 a.m.
Bill 23-11 would prohibit any development district from financing any infrastructure
improvement that is or may be financed or credited by any other government agency, and
similarly prohibit the White Flint Special Taxing District from imposing a tax to pay for any
infrastructure improvement that is or may be financed or credited by any other government
agency.
This Bill results from concerns expressed by Councilmembers about potential double­
funding of infrastructure items by development districts or special taxing districts and other
government agencies at the March 28 joint worksession by the Government Operations and
Fiscal Policy Committee and Transportation, Infrastructure, Energy, and Environment
Committee, held to review the Inspector General's report regarding the West Germantown
development district's funding of certain water and sewer items for which the Washington
Suburban Sanitary Commission had also issued Systems Development Charge credits.
This packet contains:
Bi1l23-11
Legislative Request Report
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Bill No.
23-11
Concerning: Development
Districts,
Special Taxing Districts - Duplication
of Funding
Revised: 6-16-11
Draft No. 1
Introduced:
June 21, 2011
Expires:
December 21,2012
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
~No~n.!!:e'_____
_ _ _ _ __
ChI _ _, Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember EIrich, Council President Ervin, and Councilmembers Berliner and Navarro
AN
ACT to:
(1)
(2)
(3)
prohibit any development district from financing any infrastructure improvement
financed or credited by any other government agency;
prohibit the White Flint Special Taxing District from imposing a tax to pay for any
infrastructure improvement fmanced or credited by any other government agency;
and
generally amend County law regarding the financing of infrastructure
improvements.
By amending
Montgomery County Code
Chapter 14, Development Districts
Section 14-9
Chapter 68C, White Flint Special Taxing District
Section 68C-4
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. 23-11
1
Sections 14-9 and 68C-4 are amended as follows:
14-9. Second Council Resolution.
2
3
*
(h)
*
*
4
5
An
infrastructure improvement financed by a development district may
include any infrastructure required by the Planning Board as a condition
of project, preliminary, or site plan approval. A development district
must not finance any infrastructure improvement that has been or is
likely to be financed
.Qy
any other government agency, or for which any
government agency may issue any credit toward the payment of any tax,
fee, or charge.
6
7
8
9
10
11
*
68C-4.
*
*
*
12
13
14
Transportation Infrastructure Improvement Resolution.
*
ill
*
A tax imposed under Section 68C-3 must not
ImY
for any infrastructure
improvement that has been or is likely to be financed
.Qy
any other
government agency, or for which any government agency may issue
any credit toward the payment of any tax, fee, or charge.
15
16
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18
Approved:
19
Valerie Ervin, President, County Council
Date
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21
Approved:
22
Isiah Leggett, County Executive
Date
23
24
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
- 2­
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LEGISLATIVE REQUEST REPORT
Bill 23-11
Development Districts, Special Taxing Districts­
Duplication ofFunding
DESCRIPTION:
Prohibits any development district from financing any infrastructure
improvement that is or may be financed or credited by any other
government agency, and similarly prohibits the White Flint Special
Taxing District from imposing a tax to pay for any infrastructure
improvement that is or may be financed or credited by any other
government agency.
Councilmembers expressed concerns about potential double-funding
of infrastructure items by development districts or special taxing
districts and other government agencies.
To preclude double funding of infrastructure items by government
agencies.
Department of Finance
To be requested.
To be requested.
To be requested.
To be researched.
Michael Faden, Senior Legislative Attorney, 240-777-7905
Applies only to County government funding mechanisms.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICA TION
WITHIN
MUNICIPALITIES:
PENALTIES:
Not applicable.
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