The following terms, wherever used or referred to in this article,
shall have the following meanings, unless a different meaning is clearly
indicated by the context:
BLIGHTED AREA
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.
BONDS
Any bonds (including refunding bonds), notes, interim certificates,
certificates of indebtedness, debentures or other obligations.
FEDERAL GOVERNMENT
Includes the United States of America or any agency or instrumentality,
corporate or otherwise, of the United States of America.
PERSON
Any individual, firm, partnership, corporation, company,
association, joint-stock association or body politic, and shall include
any trustee, receiver, assignee or other person acting in similar
representative capacity.
SLUM AREA
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.
URBAN RENEWAL AREA
A slum area or a blighted area or a combination thereof which
the municipality designates as appropriate for an urban renewal project.
URBAN RENEWAL PLAN
A plan, as it exists from time to time, for an urban renewal
project, which plan shall be sufficiently complete to indicate such
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.
URBAN RENEWAL PROJECT
Undertakings and activities of the City 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 thereof in accordance
with an urban renewal plan. Such undertakings and activities may include:
A.
Acquisition of a slum area or a blighted area or portion thereof.
B.
Demolition and removal of buildings and improvements.
C.
Installation, construction or reconstruction of streets, utilities,
parks, playgrounds and other improvements necessary for carrying out
in the urban renewal area the urban renewal objectives of this article
in accordance with the urban renewal plan.
D.
Disposition of any property acquired in the urban renewal area,
including sale, initial leasing or retention by the City, at its fair
value for uses in accordance with the urban renewal plan.
E.
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.
F.
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.
G.
The preservation, improvement or embellishment of historic structures
or monuments.
The City is hereby authorized and empowered to carry out urban
renewal projects which shall be limited to slum clearance in slum
or blighted areas and redevelopment or the rehabilitation of slum
or blighted areas; to acquire in connection with such projects, within
the corporate limits of the municipality, land and property of every
kind and any right, interest, franchise, easement or privilege therein,
including land or property and any right or interest therein already
devoted to public use, by purchase, lease, gift, condemnation or any
other legal means; to sell, lease, convey, transfer or otherwise dispose
of any of said 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. No land or property taken by the City
for any of the aforementioned purposes or in connection with the exercise
of any of the powers which by this article are granted to the City
by exercising the power of eminent domain shall 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 such compensation.
All land or property needed or taken by the exercise of the power
of eminent domain by the City for any of the aforementioned purposes
or in connection with the exercise of any of the powers granted by
this article is hereby declared to be needed or taken for public uses
and purposes. Any or all of the activities authorized pursuant to
this section shall 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 thereof.
The City is hereby granted the following additional powers, which
are hereby found and declared to be necessary and proper to carry
into full force and effect the specific powers hereinbefore granted
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 such plans, which plans may include but shall not be limited
to plans for carrying out a program of voluntary or compulsory repair
and rehabilitation of buildings and improvements; 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;
and 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 for such 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 such persons
for moving expenses and losses of property for which reimbursement
or compensation is not otherwise made, including the making of such
payments financed by the federal government.
C. To appropriate such funds and make such expenditures as may be necessary
to carry out the purposes of this article, including the payment or
reimbursement of reasonable actual costs incurred as a result of utility
relocations when such relocations are made necessary by an urban renewal
project, after making appropriate adjustment for any improvements
or betterments to the utility's facilities made in connection with
the relocation; to levy taxes and assessments for such purposes; to
borrow money and to apply for and accept 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
to give such security as may be required therefor; and to invest any
urban renewal funds held in reserves or sinking funds or any such
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; to mortgage, pledge,
hypothecate or otherwise encumber such property; and to insure or
provide for the insurance of such property or operations of the municipality
against any risks or hazards, including the power to pay premiums
on any such insurance.
E. 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 agreement with any other public bodies or
agencies (which 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
such conditions imposed pursuant to federal laws as the municipality
may deem reasonable and appropriate.
F. 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
that entry is denied or resisted.
G. 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, provided that the same shall be approved by the Maryland
- National Capital Park and Planning Commission, and to make exceptions
from City or town regulations but not county building regulations,
unless the same shall be approved by the County Building Inspector.
H. To generally organize, coordinate and direct the administration of
the provisions of this article as they apply to such municipality
in order that the objective of remedying slum and blighted areas and
preventing the causes thereof within such municipality may be most
effectively promoted and achieved.
I. To exercise all or any part or combination of powers herein granted.
[Amended 4-24-2018 by Res. No. 18-CR-02]
The City may itself exercise all the powers granted by this
article or may, if the Mayor and Council by ordinance determine such
action to be in the public interest, elect to have such powers exercised
by a separate public body or agency as hereinafter provided. In the
event that the Mayor and Council make such determination, they shall
proceed by ordinance to establish a public body or agency to undertake
in the City the activities authorized by this article. Such ordinance
shall include provisions establishing the number of members of such
public body or agency, the manner of their appointment and removal,
the terms of said members and their compensation. The ordinance may
include such additional provisions relating to the organization of
said public body or agency as may be necessary. In the event that
the Mayor and Council enact such an ordinance, all of the powers by
this article granted to the City shall, from the effective date of
said ordinance, be vested in the public body or agency thereby established,
except:
A. The power to pass a resolution to initiate an urban renewal project pursuant to §
C13-4 of this article.
B. The power to issue general obligation bonds pursuant to § C13-9
of this article.
C. The power to appropriate funds, and to levy taxes and assessments pursuant to §
C13-2 of this article.
[Amended 4-24-2018 by Res. No. 18-CR-02]
In order to initiate an urban renewal project, the Mayor and
Council shall adopt a resolution which:
A. Finds that one or more slum or blighted areas exist in such municipality.
B. Locates and defines said slum or blighted areas.
C. Finds that the rehabilitation, redevelopment, or a combination thereof,
of such area or areas, is necessary in the interest of the public
health, safety, morals or welfare of the residents of the City.
Condemnation of land or property under the provisions of this
article shall be in accordance with the procedure provided in § 5-215
of the Local Government Article, Annotated Code of Maryland, and § 12-101
et seq. of the Real Property Article, Annotated Code of Maryland and
acts amendatory thereof or supplementary thereto.