[Added by 1963, ch. 615]
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 obsolescence, depreciation or other causes,
to an extent that 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 Mayor and Council of Crisfield.
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
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; and
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 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, 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.
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.
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; and 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. 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:
A.Â
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.Â
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.Â
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; 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 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.Â
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.Â
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
and 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.Â
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.
G.Â
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.
H.Â
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.Â
To exercise all or any part or combination of powers herein granted.
The municipality may itself exercise all the powers granted
by this Article or may, if its legislative body by ordinance determines
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 said legislative body makes such determination, it shall
proceed by ordinance to establish a public body or agency to undertake
in the municipality 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 the
legislative body enacts such an ordinance, all of the powers by this
Article granted to the municipality shall, from the effective date
of said ordinance, be vested in the public body or agency thereby
established, except:
In order to initiate an urban renewal project, the legislative
body of the municipality shall adopt a resolution which:
A.Â
Finds that one or more slum or blighted areas exist in such municipality.
B.Â
Locates and defines said slum or blighted areas.
C.Â
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 such municipality.
A.Â
Preparation. The municipality, in order to carry out the purposes
of this Article, 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 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
said 60 days, then without such 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 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. Following such hearing, the municipality
may approve an urban renewal project and the plan therefor if it finds
that:
(1)Â
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)Â
The urban renewal plan substantially conforms to the Master Plan
of the municipality as a whole.
(3)Â
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.Â
Modification. An urban renewal plan may be modified at any time,
provided that if modified after the lease or sale of real 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.
C.Â
Approval. 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.
A.Â
Powers. The municipality may sell, lease or otherwise transfer real
property or any interest therein acquired for it by 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 area or to otherwise carry out the purposes of this Article.
The purchasers or lessees and their successors and assigns shall be
obligated to devote such real 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 obligation to begin within a reasonable
time any improvements on such real property required by the urban
renewal plan. Such real 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 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 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 of conveyance to a private purchaser
or lessee may provide that such purchaser or lessee shall be without
power to sell, lease or otherwise transfer the real 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. 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 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.Â
Conveyance. The municipality may dispose of real property in an urban
renewal area to private persons only under such reasonable competitive
bidding procedures as it shall prescribe or 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 60 days prior to the execution of any contract to sell,
lease or otherwise transfer real 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 60 days after the first day 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 proposal to carry them out and may negotiate with any persons
for proposals for the purchase, lease or other transfer of any real
property acquired by the municipality in the urban renewal area. The
municipality may accept such proposal as it deems to be in the public
interest and in furtherance of the purposes of this Article. Thereafter,
the municipality may execute and deliver contracts, deeds, leases
and other instruments and take all steps necessary to effectuate such
transfers.
C.Â
Maintenance. The municipality may temporarily operate 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 above, for such uses and purposes as may be deemed desirable even though not in conformity with the urban renewal plan.
D.Â
Title. Any instrument executed by the municipality and purporting
to convey any right, title or interest in any property under this
Article shall be conclusively presumed to have been executed in compliance
with the provisions of this Article insofar as title or other interest
of any bona fide purchaser, lessees or transferees of such property
is concerned.
Condemnation of land or property under the provisions of this
Article shall be in accordance with the procedure provided in Article
33A of the Annotated Code of Maryland (1957), as amended, and acts
amendatory thereof or supplementary thereto.
The municipality, to the greatest extent it determines to be
feasible in carrying out the provisions of this Article, 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.
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
authorizations of general obligation bonds by such municipality and
also within such limitations as shall be determined by said municipality.
A.Â
Powers. In addition to the authority conferred by § C13-9 of this Article, the municipality shall have the power to issue revenue bonds to finance the undertaking of any urban renewal project and related activities and shall also have power to issue refunding bonds for the payment or retirement of such bonds previously issued by it. Such 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: 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 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.Â
Bonds. 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 §§ 9, 10 and 11 of Article 31 of the Annotated
Code of Maryland (1957), as amended. Bonds issued under the provisions
of this Article 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.Â
How issued. Bonds issued under this section shall be authorized by
resolution or ordinance of the legislative body of the municipality
and may be issued in one 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 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.Â
Sale. Such bonds may be sold at not less than par at public sales
held, after notice is 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.Â
Officials. In case any of the public officials of the municipality
whose signatures appear on any bonds or coupons issued under this
Article 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 Article shall be fully negotiable.
F.Â
Suits. In any suit, action or proceeding involving the validity or
enforceabillty of any bond issued under this Article 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.
G.Â
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 Article, 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 moneys 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.
If any provision of this Article or the application thereof
to any person or circumstances is held invalid, the remainder of the
Article 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 shall be in addition
and supplemental to the powers conferred by any other law.
