Expedited Bill No.
11-12
Conceming:
County
Property
Disposition
Revised: 5-1-12
Draft NO.8
Introduced:
March 13. 2012
Enacted:
May 1. 2012
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
--..:....:.No=n.:..::e~
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Leventhal and EIrich, Council President Berliner,
and Councilmembers Andrews, Riemer, and Navarro
AN EXPEDITED ACT
to:
(I) modifY the procedures to dispose of County property;
(2)
require the County Council to approve certain [[dispositions of]] actions regarding
certain County properties. and authorize the Council to review certain agreements to
dispose of County
pr~;
ill
prohibit the County from disposing of certain property at less than full market value.
unless the Council waives this requirement; and
[[(3)]]
ill
generally amend the County law regarding disposition of County property.
By amending
Montgomery County Code
Chapter lIB, Contracts and Procurement
Section 11B-45
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:
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No.
11-12
1
2
3
Sec. I. Section IIB-45 is amended as follows:
IIB-45.
(a)
Disposition of real property.
The County Executive must adopt regulations to establish a process for
the disposition of any real property owned or controlled
Qy
the County,
other than surplus school facilities and [other] property of nominal value
identified in the regulation.
[[As used in this Section, "disposition"
4
5
6
7
8
9
means
.f!
sale,
.f!
lease or license for
.f!
term of
J.
years or longer, or
.f!
lease
or other document which includes an option to buy.]] The regulations
must provide for:
(1)
coordination among public agencies, including any [municipal
corporation] municipality in which the real property is located;
(2)
(3)
opportunity to reserve property for alternative public use;
comparative analysis of reuse proposals before any disposition
actions; and
(4) public notice and hearing on possible dispositions before final
decision on disposition, except that the County Executive may
waive the public hearing requirement for any real property that:
(A) has nominal value; or
(B) is recommended to be reused by the County government.
10
11
12
13
14
15
16
17
18
19
20
21
au
As used in this Section, disposition means a sale, a lease or license for a
term of
[1111
2 years or longer. or a lease or other document which
includes an option to buy. If a license or lease for an initial term of less
than
[11]]
2 years is extended or renewed beyond
[11]]
2 years, that
extension or renewal is a disposition. Disposition does not include:
22
23
24
25
ill
a lease of or license to use any parkland, or any facility located on
parkland. that the Parks Department operates or manages for the
County;
-2­
26
27
 PDF to HTML - Convert PDF files to HTML files
ExPEDITED BILL
No. 11-12
28
29
30
31
ill
ill
~
a license to use County property that is cotenninous. with a
contract for services perfonned by the licensee: [[or]]
a license to use County property to provide child or adult day
care services:
[[Qr]]
a sale or lease of property to the Housing Opportunities
Commission for housing devel()pment;
32
33
34
ill
a sale of one or more housing units obtained by the County using
its right of first refusal under Section 11A-3 or 11A-4. Chapter
25A. or Chapter 53A. and resold for not less than the CoJIDty
paid: or
35
36
37
38
39
40
41
42
L!il
a transfer of County right-of-way that is needed to implement a
road ortransit project that is included in the applicable master or
other land use plan.
(£)
Unless the County Council . waives this requirement under subsection
(e)(2)(B)' the Executive must not dispose of any property owned or
controlled by the County at less than full market value. In case of a sale
of property. full market value must be detennined by at least one
professional appraisal of the property obtained by the Director within
[[the previous])
[[Q]]
12 months before a declaration is submitted to the
Council.
43
44
45
46
47
48
49
50
51
52
(dJ
Before seeking Council approval of a declaration of no further need
under subsection (el. the Executive must submit to the Council and
allow the Council at least 30 days to cQrnment.on:
ill
ill
all material terms of the disposition. including the price or rent to
be paid and any associated economic incentives: and
any appraisal that the Executive relied on or will rely on in setting
the property's market value.
-3­
53
54
 PDF to HTML - Convert PDF files to HTML files
ExPEDITED BILL
No. 11-12
55
56
57
58
In
addition. the Executive should when practicable submit Jor prior
Council review the parameters and material terms of a disposition that
has not begun to be negotiated. Any document submitted under this
subsection, [[other than any document submitted under the preceding
sentence which]] to the extent thedocument need not be disclosed under
state law, [[is a public document]] must be treated as confidential.
[[(hl]]
~
59
60
61
62
[rnefore)J
In
addition to the process reguiredunder subsection (a),
before the disposition of any real property owned or controlled
Qy
the
County (other than
f!
property which has either nominal value or an
appraised value lower than $100,000) becomes
final[[:t]]~
63
64
65
66
ill
the Executive must publish a declaration in the County Register
and post a notice on the County website that the County has no
further need for the property or, if the disposition is a lease or
licellse. has no further need for the property during the tefl11 of
the lease or license; and
67
68
69
70
71
ill
the [[County]] Council,
Qy
resolution adopted after the Council
holds
f!
public hearing with at least
l2.
days advance notice, must
approve:
72
73
[[ill]]
!Al
the [[disposition]] Executive's declaration of no
further need; and
74
75
[[ill]]
lID
[[all material terms of the disposition, including the
price or rent to be paid and any associated economic
incentives.]] any disposition of the property at less than
full market value.
The Directormust adjust the $100,000 floor in this subsection on July 1
ev~ry
76
77
78
79
80
81
third year by the percentage increase or decrease in the applicable
Consumer Price Index. or any successor index. duril1g the previous 3
-4­
 PDF to HTML - Convert PDF files to HTML files
ExPEDITED BILL No.
11-12
82
calendar
year~,
rounded to the nearest $1000. The Council may waive
the public hearing required by this. subsection if it concludes that a
hearing on a particular proposed disposition is not necessary to properly
assess the proposed action. If the Council does not act under this
subsection within 60 days after the Executive has submitted [[all
information necessary to assess]] the proposed action. the proposed
action is automatically approved. The Council may extend [[this]] the
60-day deadline by resolution if the Council President has informed the
Executive. within 30 days after the Executive submitted the proposed
action. that the Council has not received all information necessary to
review the propQsed action. If
[[thi~]]
83
84
85
86
87
88
89
90
91
92
93
94
95
the 60-day deadline would fall
during August or from December 15 through December 31. the deadline
is . automatically extended until the next scheduled Council session.
~subsection
and subsection (c) do not apply to any disposition of
96
97
property that will
be
used primarily for housing development if the
recipient legally commits to the Director of the Department of Housing
and Community Affairs that at least 30% of the housing units built on
the property will be moderately priced dwelling units or other units that
are exempt from the development impact tax under Section 52-49(g)(1J::
98
99
100
101
81
[(b)]
[[!£}]]
ill
102
103
104
*
*
*
[(c)]
[[@]]
!,gl
The Executive must adopt regulations to establish a process for
disposition of surplus schools. As used in this Section, "surplus school"
means any building used at any time as a public school and later
conveyed to the County and all or part of the land which constitutes the
school site[, and "disposition" means a sale or a lease with an option to
buy]. The regulations must provide for:
-5­
105
106
107
108
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No. 11-12
109
110
[(d)]
[[ill]]
iliJ
*
*
*
*
*
*
III
112
113
114
Sec. 2. Expedited Effective Date; Applicability.
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date when it becomes
law. County Code Section llB-45. as amended by Section 1 of this Act. [[applies]]
does not apply to any disposition of County property [[completed on or after]] fOl:
which a legally enforceable contract. lease, or other agreement was signed by all
parties before that date.
115
116
117
118
119
120
121
122
Sec. 3. Applicability - White
Flint
Sector
Plan
area.
Section IlB-45(b)-(e), as amended by Section! of this Act. does not apply t9
any sale by the County of real property located in the boundaries of the White Flint
Sector Plan if:
~
the property was acquired by the County from the State Highway
Administration;
123
124
!hl
the
property was originally acquired by the
State Highway
125
126
Administration to construct Montrose Parkway; and
!£l
the sale by the County is completed on or before December
~1,
2012.
- 6­
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No.
11-12
127
128
Approved:
Roger:
Date
129
l30
Approved:
Isiah Leggett, County Executive
Date
131
l32
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk ofthe Council
Date
-7­
 PDF to HTML - Convert PDF files to HTML files
Expedited Bill No.
11-12
Conceming:
County
Property
Disposition
Revised: 5-1-12
Draft NO.8
Introduced:
March 13. 2012
Enacted:
May 1. 2012
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
--..:....:.No=n.:..::e~
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Leventhal and EIrich, Council President Berliner,
and Councilmembers Andrews, Riemer, and Navarro
AN EXPEDITED ACT
to:
(I) modifY the procedures to dispose of County property;
(2)
require the County Council to approve certain [[dispositions of]] actions regarding
certain County properties. and authorize the Council to review certain agreements to
dispose of County
pr~;
ill
prohibit the County from disposing of certain property at less than full market value.
unless the Council waives this requirement; and
[[(3)]]
ill
generally amend the County law regarding disposition of County property.
By amending
Montgomery County Code
Chapter lIB, Contracts and Procurement
Section 11B-45
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:
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No.
11-12
1
2
3
Sec. I. Section IIB-45 is amended as follows:
IIB-45.
(a)
Disposition of real property.
The County Executive must adopt regulations to establish a process for
the disposition of any real property owned or controlled
Qy
the County,
other than surplus school facilities and [other] property of nominal value
identified in the regulation.
[[As used in this Section, "disposition"
4
5
6
7
8
9
means
.f!
sale,
.f!
lease or license for
.f!
term of
J.
years or longer, or
.f!
lease
or other document which includes an option to buy.]] The regulations
must provide for:
(1)
coordination among public agencies, including any [municipal
corporation] municipality in which the real property is located;
(2)
(3)
opportunity to reserve property for alternative public use;
comparative analysis of reuse proposals before any disposition
actions; and
(4) public notice and hearing on possible dispositions before final
decision on disposition, except that the County Executive may
waive the public hearing requirement for any real property that:
(A) has nominal value; or
(B) is recommended to be reused by the County government.
10
11
12
13
14
15
16
17
18
19
20
21
au
As used in this Section, disposition means a sale, a lease or license for a
term of
[1111
2 years or longer. or a lease or other document which
includes an option to buy. If a license or lease for an initial term of less
than
[11]]
2 years is extended or renewed beyond
[11]]
2 years, that
extension or renewal is a disposition. Disposition does not include:
22
23
24
25
ill
a lease of or license to use any parkland, or any facility located on
parkland. that the Parks Department operates or manages for the
County;
-2­
26
27
 PDF to HTML - Convert PDF files to HTML files
ExPEDITED BILL
No. 11-12
28
29
30
31
ill
ill
~
a license to use County property that is cotenninous. with a
contract for services perfonned by the licensee: [[or]]
a license to use County property to provide child or adult day
care services:
[[Qr]]
a sale or lease of property to the Housing Opportunities
Commission for housing devel()pment;
32
33
34
ill
a sale of one or more housing units obtained by the County using
its right of first refusal under Section 11A-3 or 11A-4. Chapter
25A. or Chapter 53A. and resold for not less than the CoJIDty
paid: or
35
36
37
38
39
40
41
42
L!il
a transfer of County right-of-way that is needed to implement a
road ortransit project that is included in the applicable master or
other land use plan.
(£)
Unless the County Council . waives this requirement under subsection
(e)(2)(B)' the Executive must not dispose of any property owned or
controlled by the County at less than full market value. In case of a sale
of property. full market value must be detennined by at least one
professional appraisal of the property obtained by the Director within
[[the previous])
[[Q]]
12 months before a declaration is submitted to the
Council.
43
44
45
46
47
48
49
50
51
52
(dJ
Before seeking Council approval of a declaration of no further need
under subsection (el. the Executive must submit to the Council and
allow the Council at least 30 days to cQrnment.on:
ill
ill
all material terms of the disposition. including the price or rent to
be paid and any associated economic incentives: and
any appraisal that the Executive relied on or will rely on in setting
the property's market value.
-3­
53
54
 PDF to HTML - Convert PDF files to HTML files
ExPEDITED BILL
No. 11-12
55
56
57
58
In
addition. the Executive should when practicable submit Jor prior
Council review the parameters and material terms of a disposition that
has not begun to be negotiated. Any document submitted under this
subsection, [[other than any document submitted under the preceding
sentence which]] to the extent thedocument need not be disclosed under
state law, [[is a public document]] must be treated as confidential.
[[(hl]]
~
59
60
61
62
[rnefore)J
In
addition to the process reguiredunder subsection (a),
before the disposition of any real property owned or controlled
Qy
the
County (other than
f!
property which has either nominal value or an
appraised value lower than $100,000) becomes
final[[:t]]~
63
64
65
66
ill
the Executive must publish a declaration in the County Register
and post a notice on the County website that the County has no
further need for the property or, if the disposition is a lease or
licellse. has no further need for the property during the tefl11 of
the lease or license; and
67
68
69
70
71
ill
the [[County]] Council,
Qy
resolution adopted after the Council
holds
f!
public hearing with at least
l2.
days advance notice, must
approve:
72
73
[[ill]]
!Al
the [[disposition]] Executive's declaration of no
further need; and
74
75
[[ill]]
lID
[[all material terms of the disposition, including the
price or rent to be paid and any associated economic
incentives.]] any disposition of the property at less than
full market value.
The Directormust adjust the $100,000 floor in this subsection on July 1
ev~ry
76
77
78
79
80
81
third year by the percentage increase or decrease in the applicable
Consumer Price Index. or any successor index. duril1g the previous 3
-4­
 PDF to HTML - Convert PDF files to HTML files
ExPEDITED BILL No.
11-12
82
calendar
year~,
rounded to the nearest $1000. The Council may waive
the public hearing required by this. subsection if it concludes that a
hearing on a particular proposed disposition is not necessary to properly
assess the proposed action. If the Council does not act under this
subsection within 60 days after the Executive has submitted [[all
information necessary to assess]] the proposed action. the proposed
action is automatically approved. The Council may extend [[this]] the
60-day deadline by resolution if the Council President has informed the
Executive. within 30 days after the Executive submitted the proposed
action. that the Council has not received all information necessary to
review the propQsed action. If
[[thi~]]
83
84
85
86
87
88
89
90
91
92
93
94
95
the 60-day deadline would fall
during August or from December 15 through December 31. the deadline
is . automatically extended until the next scheduled Council session.
~subsection
and subsection (c) do not apply to any disposition of
96
97
property that will
be
used primarily for housing development if the
recipient legally commits to the Director of the Department of Housing
and Community Affairs that at least 30% of the housing units built on
the property will be moderately priced dwelling units or other units that
are exempt from the development impact tax under Section 52-49(g)(1J::
98
99
100
101
81
[(b)]
[[!£}]]
ill
102
103
104
*
*
*
[(c)]
[[@]]
!,gl
The Executive must adopt regulations to establish a process for
disposition of surplus schools. As used in this Section, "surplus school"
means any building used at any time as a public school and later
conveyed to the County and all or part of the land which constitutes the
school site[, and "disposition" means a sale or a lease with an option to
buy]. The regulations must provide for:
-5­
105
106
107
108
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No. 11-12
109
110
[(d)]
[[ill]]
iliJ
*
*
*
*
*
*
III
112
113
114
Sec. 2. Expedited Effective Date; Applicability.
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date when it becomes
law. County Code Section llB-45. as amended by Section 1 of this Act. [[applies]]
does not apply to any disposition of County property [[completed on or after]] fOl:
which a legally enforceable contract. lease, or other agreement was signed by all
parties before that date.
115
116
117
118
119
120
121
122
Sec. 3. Applicability - White
Flint
Sector
Plan
area.
Section IlB-45(b)-(e), as amended by Section! of this Act. does not apply t9
any sale by the County of real property located in the boundaries of the White Flint
Sector Plan if:
~
the property was acquired by the County from the State Highway
Administration;
123
124
!hl
the
property was originally acquired by the
State Highway
125
126
Administration to construct Montrose Parkway; and
!£l
the sale by the County is completed on or before December
~1,
2012.
- 6­
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No.
11-12
127
128
Approved:
Roger:
Date
129
l30
Approved:
Isiah Leggett, County Executive
Date
131
l32
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk ofthe Council
Date
-7­