The term "public ways," as used herein, shall include all streets,
avenues, roads, highways, public thoroughfares, lanes and alleys.
The City shall have control of all public ways within the limits
of the City except such as may be under the jurisdiction of other
governmental agencies or bodies. Subject to the laws of the State
of Maryland, the City may do whatever it deems necessary to establish,
operate and maintain in good condition the public ways of the City.
A.
Public ways. The City shall have the power to:
(1)
Establish, regulate and change the grade lines, width and construction
specifications of any City public way or part thereof, including curbs
and gutters.
(2)
Grade, lay out, construct, open, extend and make new public ways
and to alter, straighten, widen, grade, improve or close any existing
public way or part thereof.
(3)
Pave, surface, repave and resurface any City public way or part thereof
and to install, construct, reconstruct, repair and maintain curbs
and/or gutters along any City public way or part thereof.
(4)
Have surveys, plans, specifications and estimates made for any of
the above activities or projects or parts thereof.
B.
Sidewalks. The City shall have the power to:
(1)
Establish, regulate and change the grade lines, width and construction
specifications of any sidewalk or part thereof on City property along
any public way or part thereof.
(2)
Grade, lay out, construct, reconstruct, pave, repave, re-repair,
extend or otherwise alter sidewalks on City property along any public
way or part thereof.
(3)
Require that the owners or tenants of any property abutting on a
sidewalk keep the sidewalk clear of obstructions at all times, such
as ice, snow, debris or any other object, be it mechanical or otherwise,
that may obstruct or be hazardous to pedestrian traffic.
(4)
Require the owners of any property abutting on any public way in
the City to perform any projects authorized by this subsection according
to reasonable plans and specifications. The expense will be borne
by the property owner or by some other equitable basis to be determined
by the Council. If after due notice, the owner fails to comply with
requirements within a reasonable time, the City may do the work, and
the expense shall be a lien on the property and shall be collectible
in the same manner as are City taxes or by suit at law.
A.
The City shall have the power to levy and collect taxes in the form
of special assessments upon property in a limited determinable area
for special benefits conferred upon such property by the installation
of stormwater sewers, sanitary sewers, curbs and gutters and by the
construction and paving of public ways and sidewalks or parts thereof
and to provide for the payment of all or any part of the above projects
out of the proceeds of such special assessments. The cost of any project
to be paid in whole or in part by special assessments may include
the direct cost thereof, the cost of any land acquired for the project,
the interest on bonds, notes or other evidences of indebtedness issued
in anticipation of the collection of special assessments, legal fees
and engineering fees resulting from the project, a reasonable charge
for the services of the administrative staff of the City and any other
item of cost which may reasonably be attributed to the project.
B.
The procedure for special assessments shall be as follows:
(1)
The costs of the project being charged for shall be assessed according
to the front-foot rule of apportionment or by some other equitable
basis to be determined by the Mayor and Council. An affirmative vote
of the total Council membership (five votes) shall be necessary before
any adjustment of the assessable footage for any property may be granted.
[Amended 4-24-2018 by Res. No. 18-CR-02]
(2)
When assessable improvements are made that abut on a corner property,
that property shall be granted a credit wherein the total assessable
footage along each property dimension adjacent to an assessable improvement,
shall be reduced by 45 feet or the total assessable footage along
each property dimension adjacent to an assessable improvement shall
be reduced by 1/2, whichever is less. This rule shall apply to all
corner properties regardless of type, description or location within
the City.
(3)
All special assessment charges shall be levied by ordinance. Before
approving any contract, the Mayor and Council shall hold a public
hearing. The City Manager shall cause notice to be given stating the
nature and extent of the proposed project, the kind of materials to
be used, the estimated cost of the project, the portion of the cost
to be assessed, the number of installments in which the assessment
may be paid, the method to be used in apportioning the cost and the
limits of the proposed area of assessment. The notice shall also state
the time and place at which all persons interested, or their agents
or attorneys, may appear before the Mayor and Council and be heard
concerning the proposed project and special assessment. Such notice
shall be given by sending a copy thereof by mail to the owner of record
of each parcel of property proposed to be assessed and to the person
in whose name the property is assessed for taxation and by publication
of a copy of the notice at least once in a newspaper of general circulation
in the City. The City Manager shall present at the hearing a certificate
of publication and mailing of copies of the notice, which certificate
shall be deemed proof of notice. The date of the hearing shall be
set at least 10 and not more than 30 days after the City Manager shall
have completed publication and service of notice as provided in this
section. Following the hearing, the Mayor and Council, at its discretion,
may vote to proceed with the project and may levy the special assessment.
(4)
The City shall have the authority from time to time to borrow money
and incur indebtedness to finance assessment projects.
(5)
Special assessments may be made payable in annual or more frequent
installments over such period of time, not to exceed 15 years, and
in such manner as the Mayor and Council may determine. The Mayor and
Council shall determine on what date installments shall be due and
payable. Interest may be charged on installments at the rate to be
determined by the Mayor and Council. All revenue collected from property
owners on assessable projects shall be accounted for separately and
shall be used solely for the payment of principal and interest on
the bonds issued to finance the assessable project.
(6)
All special assessments installments shall be overdue five months
after the date on which they become due and payable. All special assessments
shall be liens on the property, and all overdue special assessments
shall be collected in the same manner as City taxes or by suit at
law.
A.
Establishment; taxes; administration.
(1)
Authority and purpose. Pursuant to § 21-401 et seq. of
the Local Government Article, Annotated Code of Maryland, the City
of College Park may establish special taxing districts for the purpose
of financing the design, construction, establishment, extension, alteration
or acquisition of adequate storm drain systems; for the purpose of
financing the design, acquisition, establishment, improvement, extension,
operation or alteration of public parking facilities or pedestrian
malls; for the purpose of financing the design, acquisition, erection,
construction, improvement and maintenance of street and area lighting;
for the purpose of financing the capital and operating costs to enhance
police, fire protection and rescue services; for the purpose of financing
the activities of commercial management authorities; for the purpose
of financing the design, acquisition, establishment, equipping, improvement,
extension, operation, alteration or maintenance of public bus or ride
sharing systems; and to levy on all real and personal property, within
the districts, an ad valorem tax at a rate sufficient to provide adequate
annual revenues to pay the principal and interest on any bonds or
obligations of the City issued for these purposes as the principal
and interest become due, and to pay the costs of operating and maintaining
these facilities.
(2)
Contents of ordinance. A special taxing district shall be established
by ordinance of the Mayor and Council. The ordinance shall include
the following: findings on the special benefits to be conferred upon
the property within the proposed district; the establishment of the
special taxing district within a described area for a declared purpose;
authorization to levy an annual ad valorem tax within the district
for the purposes described; a description of the project, systems,
facilities, services, programs or activities to be undertaken by or
on behalf of the district; the manner of determining and apportioning
costs to the districts; authorizing the refund of resources in excess
of that required for the operation and maintenance of the district,
and providing for an exemption for those property owners who meet
and satisfy all requirements and purposes of the district.
[Amended 4-24-2018 by Res. No. 18-CR-02]
(3)
Hearing and notice. A public hearing shall be held on the proposed
adoption of the ordinance. Not less than 10 nor more than 30 days
prior to the hearing, the City Manager shall send a notice of the
hearing to the owners on record of all property within the proposed
district, and to all persons in whose name the property is assessed,
by certified or registered mail, and shall also publish a copy of
the notice at least once in a newspaper of general circulation in
the City. The notice shall include: the date, time and place of the
hearing, identification of the area to be included in the district,
the purpose of the district, a description of the facilities or programs
to be provided within the district, and the ad valorem tax to be levied
within the district to pay the costs of the facilities or programs.
The City Manager shall present at the hearing a certificate of publication
and mailing of copies of the notice, which certificate shall be deemed
proof of notice, but failure of any owner to receive the mailed copy
shall not invalidate the proceedings.
(4)
Administration. The Mayor and Council may provide by ordinance or
resolution for the administration of special taxing districts, including
the authority to issue regulations, to enter into contracts for the
provision of materials, facilities and services and to coordinate
and share programs and funds within the City of other districts for
the benefit of the affected districts.
[Amended 4-24-2018 by Res. No. 18-CR-02]
(5)
Annual budget. The Council shall adopt an annual budget for the district,
which shall include the costs of paying the principal and interest
on obligations incurred for the district as they become due and the
costs of designing, constructing, acquiring, establishing, extending,
altering, operating and maintaining district facilities, including
land acquisition costs, the costs of administrative, professional
or support services provided by the City, and any other item of cost
which may reasonably be attributed to the district. The budget for
the district shall be considered and adopted in accordance with the
procedures and requirements for the adoption of the annual budget
for the City. The Council may adopt the budget for the district as
part of the City's annual budget process.
(6)
Tax levy. An ad valorem tax shall be established and levied annually
on all the property within the district at a rate sufficient to provide
adequate annual revenues to pay the budgeted costs of the district.
All special district taxes shall be maintained separate from the general
revenues of the City and applied for the benefit of the district;
provided, however, that facilities, programs and funds may be coordinated
and shared among two or more districts for the benefit of the affected
districts.
(7)
Tax collection. Special district taxes shall be levied in the same
manner, upon the same assessments, for the same periods, and upon
the same dates of finality as are or may hereafter be prescribed by
state law for municipal taxes on real property. The taxes shall be
deemed delinquent, be subject to interest and penalty in the same
manner and to the same extent, and may be collected or enforced in
the same manner as real property taxes annually assessed by the City.
B.
Financing public infrastructure. Authority and purpose. Pursuant to § 21-401 of the Local Government Article, Annotated Code of Maryland, the City of College Park may, with the consent of at least 2/3 of the owners of real property located within the special taxing district and the owners of 2/3 of the assessed valuation of real property located within the district, establish by ordinance, a special taxing district, levy ad valorem or special taxes and issue bonds and other obligations for the purpose of providing financing, refinancing, or reimbursement for the cost of the design, construction, establishment, extension, alteration or acquisition of adequate storm drainage systems, sewers, water systems, roads, bridges, culverts, tunnels, streets, sidewalks, lighting, parking, parks and recreation facilities, libraries, schools and other infrastructure improvements as necessary, whether situated within the special taxing district or the municipal corporation or outside of the municipal corporation, if notification is given to the governmental unit having jurisdiction over the infrastructure improvement and if the infrastructure improvement is reasonably related to other infrastructure improvements within the special taxing district, for the development and utilization of the land, each with respect to any defined geographic region within the municipal corporation. The Mayor and Council may implement the authority under this § C11-5B pursuant to the procedures set forth in § 21-401 et seq. of the Local Government Article, Annotated Code of Maryland.
[Amended 4-24-2018 by Res. No. 18-CR-02]
