[1961, ch. 842, sec. 422A]
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:
An area in which a majority of buildings have declined in
productivity by reason of their 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.
Includes the United States of America or any agency or instrumentality,
corporate or otherwise, of the United States of America.
The City of Salisbury, a municipal corporation of this state.
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.
Any area where dwellings predominate which, by reason of
their 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 a blighted area or a combination thereof 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, 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 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 thereof in accordance
with an urban renewal plan. Such undertakings and activities may include:
Acquisition of a slum area or a blighted area
or portion thereof.
Demolition and removal of buildings and improvements.
Installation, relocation, 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 XIII 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
repair and rehabilitation of buildings or other improvements in accordance
with the urban renewal plan.
Acquisition of any other property, right or
interest 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.
[1961, ch. 842, sec. 422B]
A.
The municipality 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 municipality
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 municipality
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 municipality 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.
B.
The municipality 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:
(1)
To make or have made all surveys and plans necessary to the carrying out of the purposes of this Article XIII and to adopt o approve, modify and amend such plans, which plans may include but shall not be limited to: plans for carrying out a program of voluntary 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 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.
(2)
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.
(3)
To appropriate such funds and make such expenditures as may be necessary to carry out the purposes of this Article XIII, including, but not limited to, the payment of any and all proper costs and expenses incurred in connection with, or incidental to, the acquisition of land or property, as aforesaid, and for the demolition, removal, relocation, renovation or alteration of land, buildings, streets, highways, alleys, utilities or services and other structures or improvements, and for the construction, reconstruction, installation, relocation or repair of streets, highways, alleys, utilities or services, in connection with urban renewal projects, and 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 XIII, and to give such security as may be required therefor; 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.
(4)
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;
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.
(5)
To make and execute all contracts and other instruments necessary or convenient to the exercise of its powers under this Article XIII, including the power to enter into agreements with 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.
(6)
At reasonable hours 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.
(7)
To plan, replan, open, install, construct, relocate,
widen, repair, close or vacate streets, roads, sidewalks, public utilities,
parks, playgrounds and other public improvements in connection with
an urban renewal project.
(8)
To generally organize, coordinate and direct the administration of the provisions of this Article XIII as they apply to the municipality in order that the objective of remedying slum and blighted areas and preventing the causes thereof within the municipality may be most effectively promoted and achieved.
(9)
To exercise all or any part or combination of powers
herein granted.
[1961, ch. 842, sec. 422C]
The municipality shall itself exercise all the powers granted by this Article XIII.
[1961, ch. 842, sec. 422D]
In order to initiate an urban renewal project,
the Council of the municipality shall adopt a resolution which:
A.
Finds that one (1) or more slum or blighted areas
exist in the municipality.
B.
Locates and defines the 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 municipality.
[1961, ch. 842, sec. 422E]
A.
The municipality, in order to carry out the purposes of this Article XIII, shall prepare or cause to be prepared an urban renewal plan for slum or blighted areas in the municipality and shall formally approve such plan. Prior to its approval of an urban renewal project, the municipality shall submit such 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 sixty (60) days after receipt of the plan of review.
B.
Upon receipt of the recommendations of the planning
body or, if no recommendations are received within said sixty (60)
days, then without such recommendations, he 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 thereof 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.
C.
Following such hearing, the municipality may approve
an urban renewal project and the plan therefor if it finds that:
(1)
A feasible method exists for the location of any families
who will be displaced from the urban renewal area in decent, safe
and sanitary dwelling accommodations within their means and without
undue hardship to such families;
(2)
The urban renewal plan substantially conforms to the
Master Plan of the municipality as a whole; and
(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.
D.
An urban renewal plan may be modified at any time,
provided that if modified after the lease or sale of property in the
urban renewal project area, the modification may be conditioned upon
such approval of the owner, lessee or successor in interest as the
municipality may deem advisable and in any event shall be subject
to such 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 substantially change the urban renewal
plan as previously approved by the municipality, the modification
shall be formally approved by the municipality, as in the case of
an original plan.
E.
Upon the approval by the municipality of an urban
renewal plan or of any modification thereof, such plan or modification
shall be deemed to be in full force and effect for the respective
urban renewal area, and the municipality may then cause such plan
or modification to be carried out in accordance with its terms.
[1961, ch. 842, sec. 422F]
A.
Authority. The municipality may sell, lease or otherwise transfer any property or any interest therein acquired by it for an urban renewal project for residential, recreational, commercial, industrial, educational or other uses or for public use or may retain such property or interest for public use, in accordance with the urban renewal plan, subject to such covenants, conditions and restrictions, including covenants running with the land, as it may deem to be 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 XIII. The purchasers or lessees and their successors and assigns shall be obligated to devote such property only to the uses specified in the urban renewal plan and may be obligated to comply with such other requirements as the municipality may determine to be in the public interest, including the type and design of structures and the obligation to begin within a reasonable time any improvements on or to such property as may be required by the urban renewal plan. Such property or interest shall be sold, leased, otherwise transferred or retained at not less than its fair value for uses in accordance with the urban renewal plan. In determining the fair value of property for uses in accordance with the urban renewal plan, the municipality shall take into account and give consideration to the uses provided in such 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 such plan for the prevention of the recurrence of slum or blighted areas. The municipality in any instrument or conveyance to a private purchaser or lessee shall provide that such purchaser or lessee shall be without power to sell, lease or otherwise transfer the property without the prior written consent of the municipality until he has completed the construction of any or all improvements which he has obligated himself to construct thereon. 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 such transfer and the urban renewal plan (or such part or parts of such contract or plan as the municipality may determine) may be recorded in the land records of the county in which the municipality is situated in such manner as to afford actual or constructive notice thereof.
B.
Procedures. The municipality may dispose of property
in an urban renewal area to private persons only under such competitive
bidding procedures as hereinafter provided in this subsection. The
municipality may, by public notice by publication in a newspaper having
a general circulation in the community (not less than sixty (60) days
prior to the execution of any contract to sell, lease or otherwise
transfer property and prior to the delivery of any instrument of conveyance
with respect thereto under the provisions of this section), invite
proposals from and make available all pertinent information to private
redevelopers or any persons interested in undertaking to redevelop
or rehabilitate an urban renewal area, or any part thereof. Such notice
shall identify the area, or portion thereof, and shall state that
proposals shall be made by those interested within a specified period
of not less than sixty (60) days after the first date of publication
of said notice and that such further information as is available may
be obtained at such office as shall be designated in said notice.
The municipality shall consider all such redevelopment or rehabilitation
proposals and the financial and legal ability of the persons making
such proposals to carry them out and may negotiate with any persons
for proposals for the purchase, lease or other transfer of any property
acquired by the municipality in the urban renewal area. The municipality
shall accept the highest and best bid or proposal, provided that the
bidder's responsibility shall be demonstrated by either a deposit
of ten percent (10%) of the bid price or a satisfactory bid and performance
bond or bonds. Thereafter, the municipality may execute and deliver
contracts, deeds, leases and other instruments and take all steps
necessary to effectuate such transfers.
C.
Temporary use. The municipality may temporarily operate and maintain 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 XIII, without regard to the provisions of Subsection A above, for such uses and purposes as may be deemed desirable even though not in conformity with the urban renewal plan.
D.
Conveyance. Any instrument executed by the municipality and purporting to convey any right, title or interest in any property under this Article XIII shall be conclusively presumed to have been executed in compliance with the provisions of this Article XIII insofar as title or other interest of any bona fide purchasers, lessees or transferees of such property is concerned.
[1961, ch. 842, sec. 422G]
Condemnation of land or property under the provisions of this Article XIII shall be in accordance with the procedure provided in Article 33A of the Annotated Code of Maryland (1957 Edition, as amended) and acts amendatory thereof or supplementary thereto.[1]
[1]
Repealed by Acts 1972, ch. 349, § 1.
See RP, § 12-101 et seq.
[1961, ch. 842, sec. 422H]
The municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this Article XIII, shall afford maximum opportunity, consistent with the sound needs of the municipality as a whole, to the rehabilitation or redevelopment of any urban renewal area by private enterprise. The municipality shall give consideration to this objective in exercising its powers under this Article XIII.
[1961, ch. 842, sec. 422I]
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 such
municipality, and also within such limitations as shall be determined
by said municipality. Bonds issued under the provisions of this section
are declared to be issued for an essential public and governmental
purpose and, together with interest thereon and income therefrom,
shall be exempted from all taxes.
[1961, ch. 842, sec. 422J]
A.
Authorized. In addition to the authority conferred by § SC13-9 of this Article XIII, the municipality shall have power to issue and sell revenue bonds to finance the undertaking of any urban renewal project and related activities and shall also have power to issue and sell refunding revenue bonds for the payment or retirement of such revenue bonds previously issued by it. Such revenue 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 XIII; provided, however, that payment of such 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 XIII, and by a mortgage of any such urban renewal projects, or any part thereof, 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 such indenture of trust such covenants and commitments as may be required by any purchaser for the adequate security of said bonds.
B.
Provisions. Bonds issued under this section shall
not constitute an indebtedness within the meaning of any constitutional
or statutory debt limitation or restriction, shall not be subject
to the provisions of any other law or Charter relating to the authorization,
issuance or sale of bonds and are hereby specifically exempted from
the restrictions contained in Sections 9, 10 and 11 of Article 31
of the Annotated Code of Maryland, 1957 Edition, as amended. Bonds
issued under the provisions of this section are declared to be issued
for an essential public and governmental purpose and, together with
interest thereon and income therefrom, shall be exempted from all
taxes.
C.
Issue. Bonds issued under this section shall be authorized
by resolution or ordinance of the Council of the municipality and
may be issued in one (1) or more series and shall bear such date or
dates, shall mature at such time or times, bear interest at such rate
or rates, not exceeding six per centum (6%) per annum, be in such
denomination or denominations, be in such form either with or without
coupon or registered, carry such conversion or registration privileges,
have such rank or priority, be executed in such manner, be payable
in such medium or payment, at such place or places, and be subject
to such terms of redemption (with or without premium), be secured
in such manner and have such other characteristics, as may be provided
by such resolution or trust indenture or mortgage issued pursuant
thereto.
D.
Sale. Such bonds may be sold at not less than par
at public sales held after notice published prior to such sale in
a newspaper having a general circulation in the area in which the
municipality is located and in such other medium of publication as
the municipality may determine or may be exchanged for other bonds
on the basis of par, provided that such bonds may be sold to the federal
government at private sale at not less than par, and, in the event
less than all of the authorized principal amount of such bonds is
sold to the federal government, the balance may be sold at private
sale at not less than par at an interest cost to the municipality
of not to exceed the interest cost to the municipality of the portion
of the bonds sold to the federal government.
E.
Signatures. In case any of the public officials of
the municipality whose signatures appear on any bonds or coupons issued
under this section shall cease to be such officials before the delivery
of such bond or in the event any such officials shall have become
such after the date of issue thereof, said bonds shall nevertheless
be valid and binding obligations of said municipality in accordance
with their terms. Any provision of any law to the contrary notwithstanding,
any bonds issued pursuant to this section shall be fully negotiable.
F.
Suits. In any suit, action or proceeding involving the validity or enforceability of any bond issued under this section or the security therefor, any such bond reciting in substance that it has been issued by the municipality in connection with an urban renewal project, as herein defined, shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of this Article XIII.
[1961, ch. 842, sec. 422K]
All banks, trust companies, bankers, savings banks and institutions, building 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 Article XIII, provided that such 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 such bonds or other obligations, moneys in an amount which (together with any other moneys irrevocably committed to the payment of principal and interest on such bonds or other obligations) will suffice to pay the principal of such bonds or other obligations with interest to maturity thereon, which monies under the terms of said agreement are required to be used for the purpose of paying the principal of and the interest on such bonds or other obligations at their maturity. Such bonds and other obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize any persons, political subdivisions and officers, public or private, to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. Nothing contained in this section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.
[1961, ch. 842, sec. 422L]
If any provision of this Article XIII, or the application thereof to any person or circumstances, is held invalid, the remainder of Article XIII and the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. The powers conferred by this Article XIII shall be in addition and supplemental to the powers conferred by any other law.
