[HISTORY: Adopted by the County Council of Wicomico County 10-17-2006
by Bill No. 2006-11.[1] Amendments noted where applicable.]
[1]
Editor's Note: This bill also repealed former Ch. 22, County Council, which was comprised of § 22-1, Councilmen; general powers, adopted P.L.L., 1888, Art. 23, sec. 15; 1930, sec. 22; 1959 Code, sec. 14. 1872, ch. 397; 1892, ch. 354; 1935, ch. 64; 1945, ch. 376, sec. 22, as amended; § 22-2, Enumeration of express powers, adopted 1959 Code, sec. 15. 1945, ch. 376, sec. 22A, as amended; § 22-3, Additional powers, adopted 1959 Code, sec. 16. 1947, ch. 897, as amended; § 22-4, Pensions, adopted 1959 Code, sec. 17. 1959, ch. 2; 1965, ch. 51, as amended; § 22-5, Civic auditorium, adopted 1959 Code, sec. 18. 1959, ch. 72, as amended; § 22-6, Borrowing power; tax anticipation notes, adopted 1959 Code, sec. 21. 1933, ch. 35, as amended; § 22-7, Group insurance for employees, adopted 1959 Code, sec. 22. 1947, ch. 473; § 22-8 Property for airport purposes, adopted 1959 Code, sec. 23. 1944 Sp. Sess., ch. 16, as amended; § 22-9, Building Code, adopted 1961, ch. 244, as amended; § 22-10, Housing, Plumbing and Electrical Codes, added by L. Wic. Co., 1967, Ch. 3, as amended; § 22-11, Public harbors, Harbormaster, adopted 1961, ch. 380, as amended; § 22-12, Storm drainage facilities; costs, adopted 1961, ch. 293, sec. 23E, as amended; § 22-13, Assessment for storm drainage facilities, adopted 1961, ch. 293, sec. 23F, as amended; § 22-14, Record of benefits assessments for storm drainage facilities, adopted 1961, ch. 293, sec. 23G, as amended; § 22-15, Collection of benefit assessment for storm drainage facilities, adopted 1961, ch. 293, sec. 23H, as amended; § 22-16, Appeals from benefit assessment for storm drainage facilities, adopted 1961, ch. 293, sec. 23I, as amended; § 22-17, Authority for storm drainage facilities to be considered additional, adopted 1961, ch. 293, sec. 23J, as amended; § 22-18, Multilateral contracts authorized, adopted 1963, ch. 326, as amended; § 22-19, License Inspector, adopted 1963, ch. 392, as amended; § 22-20, Levy for public works, adopted 1963, ch. 562, as amended; and § 22-21, Franchises authorized, added by L. Wic. Co., 1967, ch. 5, as amended.
A.
Acquisition of real property.
(1)
The County Executive is authorized, on behalf of and
in the name of Wicomico County, Maryland, to acquire by purchase, lease, exchange,
gift or condemnation for public purpose any real property or interest therein
in the county. The County Executive shall not undertake any acquisition by
condemnation without the County Council, by resolution, approving the public
necessity for the proposed condemnation and describing the property to be
acquired with reasonable certainty.
(2)
No property or interest therein shall be acquired, by
condemnation or otherwise, unless adequate funds for the same shall have been
included in the capital or expense budget, the award of a condemnation jury
notwithstanding. All such purchases herein provided for shall be accomplished
in accordance with Article V of the appropriate laws of the State of Maryland,
the Wicomico County Charter, pertinent sections of the Wicomico County Code,
the Maryland Rules of Procedure pertaining to eminent domain and other pertinent
rules and regulations.
B.
Disposition of real property. The County Executive shall
not sell, transfer, exchange or otherwise dispose of any real property, or
any improvements thereon, except as follows:
(1)
Surplus property.
(a)
At least annually, the County Executive shall, in writing,
submit a list of all parcels of real property he desires the Council to declare
to be surplus. Said list shall particularly describe each parcel, the improvements
thereon, the reasons why the County Executive desires said declaration and
the method proposed for disposal.
(b)
The Council shall schedule a public hearing(s) on said
list. The public hearing shall be advertised in at least one newspaper of
local circulation once a week for two successive weeks prior to the scheduled
public hearing. The advertisement shall include a description of the various
parcels, the location of the parcels, the date of the public hearing(s) and
the location of the public hearing(s).
(c)
At the conclusion of the public hearing(s), the Council,
at its next legislative session, by resolution, may declare that any of such
parcels is no longer needed for public use and is, therefore, surplus, or,
in the alternative, that any of such parcels is not surplus. As to parcel(s)
declared not to be surplus, the Council may include in the resolution a recommendation
as to matters or concerns the Council deems pertinent and relevant to such
parcel(s) with respect to its continued use by the county.
C.
Procedures for the disposition of county real property.
(1)
County real property, having been determined to be surplus,
shall be disposed of by public auction as provided for herein unless otherwise
stated.
(a)
The County Executive shall cause notice of auction sales
to be published. Publication shall be once a week for three successive weeks
in one or more newspapers of general circulation published in the county.
(b)
The advertisement shall include:
[1]
The terms of sale and compensation to be received therefor
and shall provide an opportunity for objections to be filed with the Director
of Administration within 10 days after the last notice of publication.
[2]
The place, date and hour of sale.
[3]
A description of the property to be sold, including address.
[4]
A statement that the property will be sold at public
auction to the highest acceptable bidder for cash or upon terms acceptable
to the Treasurer and the County Attorney. Notice shall also include that the
county shall have the right to reject any and all bids and sales and that
all sales are subject to approval by the County Executive.
(c)
Disposition shall be to the highest acceptable bidder,
with the County Executive approving or disapproving any and all bids and sales.
(2)
If it is determined by the County Executive and the County
Council, by majority vote of the Council, that it is in the best interest
of the county to dispose of county real property by other than public auction,
the County Executive may dispose of any such real property in a manner approved
by the Council for a price and under terms the County Executive determines
to be in the county's best interest.
D.
Intergovernmental Transfers. A transfer to another governmental
unit, such as but not limited to the State of Maryland, the federal government
or a municipality within Wicomico County, may be made without auction after
the Council has declared the property to be surplus.
(1)
The transfer shall be for the appraised value of the
property; or
(2)
The property may be transferred to the governmental unit
at less than its appraised value, provided that the Council has authorized
such a transfer. The County Executive shall submit to the County Council a
request to transfer the property to a governmental unit, including a description
of the property, its location and the compensation to be paid, along with
the appraisals obtained. The Council may vote to authorize the transfer at
the compensation recommended by the County Executive or may disapprove the
transfer.
E.
Lease of real property.
(1)
The County Executive is authorized and empowered to lease
county property in furtherance of public purposes. All leases of county property
shall comply with Article 25A, § 5(B), of the Annotated Code of
Maryland.
(2)
County Council approval is required for any lease of
county property for a lease term of more than one year.
F.
Exemptions. Except as provided in this subsection, the
following transactions are exempt from the provisions of this section:
(1)
Paper roads or roads closed in accordance with Chapter 197 of the Wicomico County Code, as amended, may be transferred or disposed of without compliance with the advertising and bidding requirements of this section and may be conveyed to the abutting property owners.
(2)
Dispositions made in accordance with the conditions upon
which the county received the property in the original grant.
(3)
Any sale, acquisition, trade, lease or other disposition
of real property undertaken pursuant to Article 41, § 14-101 et
seq., entitled the "Maryland Economic Development Revenue Bond Act," of the
Annotated Code of Maryland or Article 41, § 12401 et seq., entitled
the "Maryland Industrial Land Act," of the Annotated Code of Maryland or § 13-101
et seq., entitled the "Maryland Industrial Development Financing Authority,"
of the Financial Institutions Article of the Annotated Code of Maryland.
(4)
Transfer of real property as otherwise provided for by
ordinance or statute.
G.
All of the provisions of this section shall be carried
out in a manner consistent with Article 25A, § 5(B), of the Annotated
Code of Maryland.
