A.
BLIGHTED AREA
BONDS
FEDERAL GOVERNMENT
MUNICIPALITY
PERSON
SLUM AREA
URBAN RENEWAL AREA
URBAN RENEWAL PLAN
URBAN RENEWAL PROJECT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
In this Charter, the following words shall have the
meanings indicated:
An area in which a majority of buildings have declined in
productivity by reason of obsolescence, depreciation or other causes
to an extent they no longer justify fundamental repairs and adequate
maintenance.
Any bonds (including refunding bonds), notes, interim certificates,
certificates of indebtedness, debentures or other obligations.
The United States of America or any agency or instrumentality,
corporate or otherwise, of the United States of America.
A municipality corporation of this state.
Any individual, firm, partnership, corporation, company,
association, joint-stock association or body politic. It includes
any trustee, receiver, assignee or other person acting in similar
representative capacity.
Any area where dwellings predominate which, by reason of
depreciation, overcrowding, faulty arrangement or design, lack of
ventilation, light or sanitary facilities, or any combination of these
factors, are detrimental to the public safety, health or morals.
A slum area or blighted area, or combination of them, which
the municipality designates as appropriate for an urban renewal project.
A plan, as it exists from time to time, for an urban renewal
project. The plan shall be sufficiently complete to indicate whatever
land acquisition, demolition and removal of structures, redevelopment,
improvements and rehabilitation as may be proposed to be carried out
in the urban renewal area, zoning and planning changes, if any, land
uses, maximum density and building requirements.
Undertakings and activities of a municipality in an urban
renewal area for the elimination and for the prevention of the development
or spread of slums and blight, and may involve slum clearance and
redevelopment in an urban renewal area or rehabilitation or conservation
in an urban renewal area or any combination or part of them in accordance
with an urban renewal plan. These undertakings and activities may
include:
Acquisition of a slum area or blighted area
or portion of them.
Demolition and removal of buildings and improvements.
Installation, construction or reconstruction
of streets, utilities, parks, playgrounds and other improvements necessary
for carrying out the urban renewal objectives of this article in accordance
with the urban renewal plan.
Disposition of any property acquired in the
urban renewal area, including sale, initial leasing or retention by
the municipality itself, at its fair value for uses in accordance
with the urban renewal plan.
Carrying out plans for a program of voluntary
or compulsory repair and rehabilitation of buildings or other improvements
in accordance with the urban renewal plan.
Acquisition of any other real property in the
urban renewal area where necessary to eliminate unhealthful, unsanitary
or unsafe conditions, lessen density, eliminate obsolete or other
uses detrimental to the public welfare or otherwise to remove or prevent
the spread of blight or deterioration or to provide land for needed
public facilities.
The preservation, improvement or embellishment
of historic structures or monuments.
B.
In addition to the definition of blighted and slum
area as contained in § C13-1 of the Town of Denton Charter,
slum and blight shall be further defined as follows: An area is to
be determined slum and blight if it shows objectively determinable
signs of physical deterioration or dilapidated buildings and/or public
facilities. Physical deterioration of buildings includes loosened
brick joints, peeling paint, broken windows, vacant buildings, cracked
walls and foundations, lack of adequate fire exits, faulty or non-existing
smoke detectors, structural flaws, unsafe porches or steps, and any
other fire and safety hazards. Deterioration of public facilities
includes cracked, broken and non-existing sidewalks and curbs; oversized
sidewalks which are inconsistent in size and create small congested
traffic lanes; non-existing, rusted or broken street lights and poles,
which are poorly located and do not provide adequate lighting for
pedestrians; old wiring in which the exterior casing is cracking or
missing, creating exposed areas of wire; the lack of adequate drainage
which creates flooding of streets and buildings; tree plantings which
rise above the sidewalk creating hazards for pedestrians and vehicle
parking; deteriorated, broken and poorly located benches and trash
receptacles; and any fire and safety hazards. An area is considered
slum and blight if 25% of the buildings and/or public facilities are
deteriorated in accordance with the above standards.
[Added 7-1-1996 by Res. No. 353]
A.
Grant. The municipality may undertake and carry out
urban renewal projects.
B.
Limitation. These projects shall be limited:
(1)
To slum clearance in slum or blighted areas and redevelopment
or the rehabilitation of slum or blighted areas.
(2)
To acquire in connection with those projects, within
the corporate limits of the municipality, land and property of every
kind and any right, interest, franchise, easement or privilege, including
land or property and any right or interest already devoted to public
use, by purchase, lease, gift, condemnation or any other legal means.
(3)
To sell, lease, convey, transfer or otherwise dispose
of any of the land or property, regardless of whether or not it has
been developed, redeveloped, altered or improved and irrespective
of the manner or means in or by which it may have been acquired, to
any private, public or quasi-public corporation, partnership, association,
person or other legal entity.
C.
Eminent domain; just compensation. Land or property
taken by the municipality for any of these purposes or in connection
with the exercise of any of the powers which are granted by this article
to the municipality by exercising the power of eminent domain may
not be taken without just compensation, as agreed upon between the
parties or awarded by a jury, being first paid or tendered to the
party entitled to the compensation.
D.
Same; public purpose. All land or property needed
or taken by the exercise of the power of eminent domain by the municipality
for any of these purposes or in connection with the exercise of any
of the powers granted by this article is declared to be needed or
taken for public uses and purposes.
E.
Governmental functions. Any or all of the activities
authorized pursuant to this article constitute governmental functions
undertaken for public uses and purposes and the power of taxation
may be exercised, public funds expended and public credit extended
in furtherance of them.
[Amended 10-30-1984 by Res. No. 327]
The municipality has the following additional
powers. These powers are declared to be necessary and proper to carry
into full force and effect the specific powers granted in this article
and to fully accomplish the purposes and objects contemplated by the
provisions of this section:
A.
To make or have made all surveys and plans necessary
to the carrying out of the purposes of this article and to adopt or
approve, modify and amend those plans. These plans may include, but
are not limited to:
(1)
Plans for carrying out a program of voluntary or compulsory
repair and rehabilitation of buildings and improvements.
(2)
Plans for the enforcement of codes and regulations
relating to the use of land and the use and occupancy of buildings
and improvements and to the compulsory repair, rehabilitation, demolition
or removal of buildings and improvements.
(3)
Appraisals, title searches, surveys, studies and other
plans and work necessary to prepare for the undertaking of urban renewal
projects and related activities and to apply for, accept and utilize
grants of funds from the federal government or other governmental
entity for those purposes.
B.
To prepare plans for the relocation of persons (including
families, business concerns and others) displaced from an urban renewal
area and to make relocation payments to or with respect to those persons
for moving expenses and losses of property for which reimbursement
or compensation is not otherwise made, including the making of payments
financed by the federal government.
C.
To appropriate whatever funds and make whatever expenditures
as may be necessary to carry out the purposes of this article, including,
but not limited to:
(1)
The payment of any and all costs and expenses incurred
in connection with, or incidental to, the acquisition of land or property,
and for the demolition, removal, relocation, renovation or alteration
of land, buildings, streets, highways, alleys, utilities or services,
in connection with urban renewal projects.
(2)
Levying taxes and assessments for those purposes.
(3)
Borrowing money and applying for and accepting advances,
loans, grants, contributions and any other form of financial assistance
from the federal government, the state, county or other public bodies,
or from any sources, public or private, for the purposes of this article,
and giving whatever security as may be required for this financial
assistance.
(4)
Investing any urban renewal funds held in reserves
or sinking funds or any of these funds not required for immediate
disbursement in property or securities which are legal investments
for other municipal funds.
D.
To hold, improve, clear or prepare for redevelopment
any property acquired in connection with urban renewal projects.
E.
To mortgage, pledge, hypothecate or otherwise encumber
that property.
F.
To insure or provide for the insurance of the property
or operations of the municipality against any risks or hazards, including
the power to pay premiums on any such insurance.
G.
To make and execute all contracts and other instruments
necessary or convenient to the exercise of its powers under this article,
including the power to enter into agreements with other public bodies
or agencies (these agreements may extend over any period, notwithstanding
any provision or rule of law to the contrary) and to include in any
contract for financial assistance with the federal government for
or with respect to an urban renewal project and related activities
whatever conditions imposed pursuant to federal laws as the municipality
considers reasonable and appropriate.
H.
To enter into any building or property in any urban
renewal area in order to make inspections, surveys, appraisals, soundings
or test borings, and to obtain an order for this purpose from the
Circuit Court for the county in which the municipality is situated
in the event entry is denied or resisted.
I.
To plan, replan, install, construct, reconstruct,
repair, close or vacate streets, roads, sidewalks, public utilities,
parks, playgrounds and other public improvements in connection with
an urban renewal project and to make exceptions from building regulations.
J.
To generally organize, coordinate and direct the administration
of the provisions of this article as they apply to the municipality
in order that the objective of remedying slum and blighted areas and
preventing its causes within the municipality may be promoted and
achieved most effectively.
K.
To exercise all or any part or combination of the
powers granted in the article.
A.
Municipal powers. A municipality may itself exercise
all the powers granted by this Charter, or may, if its legislative
body by ordinance determines the action to be in the public interest,
elect to have the powers exercised by a separate public body or agency.
B.
Public body. In the event the legislative body makes
that determination, it shall proceed by ordinance to establish a public
body or agency to undertake in the municipality the activities authorized
by this Charter.
C.
Same; members. The ordinance shall include provisions
establishing the number of members of the public body or agency, the
manner of their appointment and removal and the terms of the members
and their compensation.
D.
Additional provisions. The ordinance may include whatever
additional provisions relating to the organization of the public body
or agency as may be necessary.
E.
Powers vested in public body. In the event the legislative
body enacts this ordinance, all of the powers by this article granted
to the municipality, from the effective date of the ordinance, are
vested in the public body or agency established by the ordinance.
[Amended 10-30-1984 by Res. No. 327]
The agency may not:
In order to initiate an urban renewal project,
the legislative body of the municipality shall adopt a resolution
which:
A.
Finds that one or more slum or blighted areas exist
in the municipality.
B.
Locates and defines the slum or blighted area.
C.
Finds that the rehabilitation or redevelopment, or
a combination of them, of the area or areas, is necessary and in the
interest of the public health, safety, morals or welfare of the residents
of the municipality.
A.
Preparation; procedure. In order to carry out the
purposes of this article, the municipality shall have prepared an
urban renewal plan for slum or blighted areas in the municipality
and shall approve the plan formally. Prior to its approval of an urban
renewal project, the municipality shall submit the plan to the planning
body of the municipality for review and recommendations as to its
conformity with the Master Plan for the development of the municipality
as a whole. The planning body shall submit its written recommendation
with respect to the proposed urban renewal plan to the municipality
within 60 days after receipt of the plan for review. Upon receipt
of the recommendations of the planning body or, if no recommendations
are received within 60 days, then without the recommendations, the
municipality may proceed with a public hearing on the proposed urban
renewal project. The municipality shall hold a public hearing on an
urban renewal project after public notice of it by publication in
a newspaper having a general circulation within the corporate limits
of the municipality. The notice shall describe the time, date, place
and purpose of the hearing; shall generally identify the urban renewal
area covered by the plan; and shall outline the general scope of the
urban renewal project under consideration. Following the hearing,
the municipality may approve an urban renewal project and the plan
therefor if it finds that:
[Amended 10-30-1984 by Res. No. 327]
(1)
A feasible method exists for the location of any families
or natural persons who will be displaced from the urban renewal area
in decent, safe and sanitary dwelling accommodations within their
means and without undue hardship to the families or natural persons.
(2)
The urban renewal plan conforms substantially to the
Master Plan of the municipality as a whole.
(3)
The urban renewal plan will afford maximum opportunity,
consistent with the sound needs of the municipality as a whole, for
the rehabilitation or redevelopment of the urban renewal area by private
enterprise.
B.
Modification of plan. An urban renewal plan may be
modified at any time. If modified after the lease or sale of real
property in the urban renewal project area, the modification may be
conditioned upon whatever approval of the owner, lessee or successor
in interest as the municipality considers advisable. In any event,
it shall be subject to whatever rights at law or in equity as a lessee
or purchaser, or his successor or successors in interest, may be entitled
to assert. Where the proposed modification will change substantially
the urban renewal plan as approved previously by the municipality,
the modification shall be approved formally by the municipality as
in the case of an original plan.
C.
Same; effect. Upon the approval by the municipality
of an urban renewal plan or of any modification of it, the plan or
modification shall be considered to be full force and effect for the
respective urban renewal area. The municipality may have the plan
or modification carried out in accordance with its terms.
A.
Powers of municipality. The municipality may sell,
lease or otherwise transfer real property or any interest in it acquired
by it for an urban renewal project to any person for residential,
recreational, commercial, industrial, educational or other uses or
for public use or it may retain the property or interest for private
use, in accordance with the urban renewal plan and subject to whatever
covenants, conditions and restrictions, including covenants running
with the land, as it considers necessary or desirable to assist in
preventing the development or spread of future slums or blighted areas
or to otherwise carry out the purposes of this article. The purchasers
or lessees and their successors and assigns shall be obligated to
devote the real property only to the uses specified in the urban renewal
plan and may be obligated to comply with whatever other requirements
the municipality determines to be in the public interest, including
the obligation to begin within a reasonable time any improvements
on the real property required by the urban renewal plan. The real
property or interest may not be sold, leased, otherwise transferred
or retained at less than its fair value for uses in accordance with
the urban renewal plan. In determining the fair value of real property
for uses in accordance with the urban renewal plan, the municipality
shall take into account and give consideration to the uses provided
in the plan; the restrictions upon, and the covenants, conditions
and obligations assumed by, the purchaser or lessee or by the municipality
retaining the property; and the objectives of the plan for the prevention
of the recurrence of slum or blighted areas. In any instrument of
conveyance to a private purchaser or lessee, the municipality may
provide that the purchaser or lessee may not sell, lease or otherwise
transfer the real property without the prior written consent of the
municipality until he has completed the construction any or all improvements
which he has obligated himself to construct on the property. Real
property acquired by the municipality which, in accordance with the
provisions of the urban renewal plan is to be transferred, shall be
transferred as rapidly as feasible in the public interest consistent
with the carrying out of the provisions of the urban renewal plan.
Any contract for the transfer and the urban renewal plan (or whatever
part or parts of the contract or plan as the municipality determines)
may be recorded in the Land Records of the county in which the municipality
is situated in a manner so as to afford actual or constructive notice
of it.
B.
Temporary operations. The municipality may operate temporarily and maintain real property acquired by it in an urban renewal area for or in connection with an urban renewal project pending the disposition of the property as authorized in this article, without regard to the provisions of Subsection A, for uses and purposes considered desirable even though not in conformity with the urban renewal plan.
[Amended 10-30-1984 by Res. No. 327]
C.
Effect of legal instrument. Any instrument executed
by the municipality and purporting to convey any right, title or interest
in any property under this article shall be presumed conclusively
to have been executed in compliance with the provisions of this article
insofar as title or other interest of any bona fide purchasers, lessees
or transferees of the property is concerned.
Condemnation of land or property under the provisions
of this article shall be in accordance with the procedure provided
in the Real Property Article of the Annotated Code of Maryland.[1]
[1]
Editor's Note: See § 12-101 et seq.
of the Real Property Article.
The municipality, to the extent it determines
to be feasible in carrying out the provisions of this article, shall
afford maximum opportunity to the rehabilitation or redevelopment
of any urban renewal area by private enterprise consistent with the
sound needs of the municipality as a whole. The municipality shall
give consideration to this objective in exercising its powers under
this article.
For the purpose of financing and carrying out
of an urban renewal project and related activities, the municipality
may issue and sell its general obligation bonds. Any bonds issued
by the municipality pursuant to this section shall be issued in the
manner and within the limitations prescribed by applicable law for
the issuance and authorization of general obligation bonds by the
municipality and also within limitations determined by the municipality.
A.
Issue; procedure. In addition to the authority conferred by § C13-2 of this article, the municipality may issue revenue bonds to finance the undertaking of any urban renewal project and related activities. Also, it may issue refunding bonds for the payment or retirement of the bonds issued previously by it. The bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues and funds of the municipality derived from or held in connection with its undertaking and carrying out of urban renewal projects under this article. However, payment of the bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution from the federal government or other source, in aid of any urban renewal projects of the municipality under this article, and by a mortgage of any urban renewal project or any part of a project, title to which is in the municipality. In addition, the municipality may enter into an indenture of trust with any private banking institution of this state having trust powers and may make in the indenture of trust covenants and commitments required by any purchaser for the adequate security of the bonds.
[Amended 10-30-1984 by Res. No. 327]
B.
Provisions; effect. Bonds issued under this section
do not constitute an indebtedness within the meaning of any constitutional
or statutory debt limitation or restriction, are not subject to the
provisions of any other law or charter relating to the authorization,
issuance or sale of bonds, and are exempted specifically from the
restrictions contained in §§ 9, 10 and 11 of Article
31 (Debts--Public) of the Annotated Code of Maryland. Bonds issued
under the provisions of this section are declared to be issued for
an essential public and governmental purpose and, together with interest
on them and income from them, are exempt from all taxes.
C.
Issue; form. Bonds issued under this section shall
be authorized by resolution or ordinance of the legislative body of
the municipality. They may be issued in one or more series and shall:
(1)
Bear a date or dates.
(2)
Mature at a time or times.
(3)
Bear interest at rate or rates.
(4)
Be in a denomination or denominations.
(5)
Be in a form either with or without coupon or registered.
(6)
Carry a conversion or registration privilege.
(7)
Have a rank or priority.
(8)
Be executed in a manner.
(9)
Be payable in a medium or payment, at a place or places
and be subject to terms of redemption (with or without premium).
(10)
Be secured in a manner.
(11)
Have other characteristics, as are provided
by the resolution, trust indenture or mortgage issued pursuant to
it.
D.
Sale. These bonds may not be sold at less than par
value at public sales which are held after notice is published prior
to the sale in a newspaper having a general circulation in the area
in which the municipality is located and in whatever other medium
of publication as the municipality may determine. The bonds may be
exchanged also for other bonds on the basis of par. However, the bonds
may not be sold to the federal government at private sale at less
than par, and, in the event that fewer than all of the authorized
principal amount of the bonds are sold to the federal government,
the balance may not be sold at private sale at less than par at an
interest cost to the municipality which does not exceed the interest
cost to the municipality of the portion of the bond sold to the federal
government.
E.
Signatures. In case of any of the public officials
of the municipality whose signatures appear on any bonds or coupons
issued under this section cease to be officials of the municipality
before the delivery of the bond or, in the event any of the officials
have become such after the date of issue of them, the bonds are valid
and binding obligations of the municipality in accordance with their
terms. Any provision of any law to the contrary notwithstanding, any
bonds issued pursuant to this section are fully negotiable.
F.
Purpose of issue. In any suit, action or proceeding
involving the validity or enforceability of any bond issued under
this section or the security for it, any bond which recites in substance
that it has been issued by the municipality in connection with an
urban renewal project shall be considered conclusively to have been
issued for that purpose, and the project shall be deemed conclusively
considered to have been planned, located and carried out in accordance
with the provisions of this article.
G.
Investments. All banks, trust companies, bankers,
savings banks and institutions, building and loan associations, savings
and loan associations, investment companies and other persons carrying
on a banking or investment business; all insurance companies, insurance
associations and other persons carrying on an insurance business;
and all executors, administrators, curators, trustees and other fiduciaries,
may legally invest any sinking funds, moneys or other funds belonging
to them or within their control in any bonds or other obligations
issued by the municipality pursuant to this section. However, the
bonds and other obligations shall be secured by an agreement between
the issuer and the federal government in which the issuer agrees to
borrow from the federal government, and the federal government agrees
to lend to the issuer, prior to the maturity of the bonds or other
obligations, moneys in an amount which (together with any other moneys
committed irrevocably to the payment of principal and interest on
the bonds or other obligations) will suffice to pay the principal
of the bonds or other obligations with interest to maturity on them.
The moneys under the terms of the agreement shall be required to be
used for the purpose of paying the principal of and the interest on
the bonds or other obligations at their maturity. The bonds and other
obligations shall be authorized security for all public deposits.
This section authorizes any persons or public or private political
subdivisions and officers to use any funds used or controlled by them
for the purchase of any bonds or other obligations. With regard to
legal investments, this section may not be construed to relieve any
person of any duty of exercising reasonable care in selecting securities.
