[Adopted by Bill No. 76-106[1]]
The County, as it now exists, constitutes a
body corporate and politic. Under the Charter it shall have all rights
and powers of local self-government and home rule as are now or may
hereafter be provided or necessarily implied by the Charter and by
the Constitution and laws of the state. The County shall have all
such rights and powers as completely as though they were specifically
enumerated in the Charter, and no enumeration of rights or powers
in the Charter shall be deemed exclusive or restrictive.
The powers mentioned in § 1-25 shall be exercised only by the County Council, the County Executive and other officers, agents and employees of the County acting under their respective authorities. In the exercise of such powers, all citizens of the County shall be accorded equal treatment in all matters under the jurisdiction of the County government.
The corporate name of the County shall be "Harford
County, Maryland," and it shall be so designated in all actions and
proceedings touching its rights, powers, properties, liabilities and
duties. Its boundaries and County Seat shall be and remain as they
are at the time the Charter takes effect, unless otherwise changed
in accordance with law.
[Added by Bill No. 78-76; amended by Bill
No. 81-48]
A.
The County may enter into a contract with Maryland
Environmental Services in such form as shall be mutually agreed upon
whereunder Maryland Environmental Services shall be given the responsibility
for the operation of the properties currently being operated by the
Joppatowne Utility Company.
(1)
The County may employ the services of Maryland Environmental
Services with respect to the condemnation of the property of the Joppatowne
Utility Company.
(2)
The County may employ the services of Maryland Environmental
Services with respect to the issuance and selling of bonds for the
purpose of the acquisition of sufficient funds for the purpose of
the Joppatowne Utility Company by condemnation.
B.
The County may do and enter into such other acts and
contracts as shall be necessary to implement the intent of this section.
[Amended by Bill Nos. 81-48; 81-83; 82-62;
83-65]
A.
Acquisition
of real property.
[Amended by Bill No. 12-27]
(1)
The County Executive is authorized, on behalf of and in the name
of Harford County, Maryland, to acquire by purchase, lease, exchange,
gift or condemnation for public purpose any real property or interest
therein in the County. The County Executive shall not undertake any
acquisition by condemnation without the County Council, by resolution,
approving the public necessity for the proposed condemnation and describing
the property to be acquired with reasonable certainty.
(2)
No real property or interest therein for an amount over $100,000
in value shall be acquired other than by gift unless, prior to the
purchase or acquisition, two appraisals by certified real estate appraisers
have been obtained relating to the real property and, in no event,
shall real property be purchased or interest acquired for an amount
in excess of the highest of the two appraisals without approval by
the County Council. This section shall not apply to the purchase of
development rights pursuant to the County's Agricultural Preservation
Program.
(3)
No property or interest therein shall be acquired, by condemnation
or otherwise, unless adequate funds for the same shall have been included
in the capital budget, the award of a condemnation jury notwithstanding.
All such purchases herein provided for shall be accomplished in accordance
with Article V of the appropriate laws of the State of Maryland, the
Harford County Charter, pertinent sections of the Harford County Code,
The Maryland Rules of Procedure pertaining to eminent domain and pertinent
rules and regulations promulgated pursuant to Harford County Charter,
Section 807.
B.
Disposition of real property. The County Executive
shall not sell, transfer, exchange or otherwise dispose of any real
property, or any improvements thereon, except as follows:
[Amended by Bill No. 87-27]
(1)
Surplus property.
(a)
At least annually, the County Executive shall, in
writing, submit a list of all parcels of real property he desires
the Council to declare to be surplus. Said list shall particularly
describe each parcel, the improvements thereon, the reasons why the
County Executive desires said declaration and the method proposed
for disposal.
(b)
The Council shall schedule a public hearing(s) on
said list. The public hearing shall be advertised in at least 1 newspaper
of local circulation once a week for 2 successive weeks prior to the
scheduled public hearing. The advertisement shall include a description
of the various parcels, the location of the parcels, the date of the
public hearing(s) and the location of the public hearing(s).
[Amended by Bill No. 10-20]
(c)
Written
notice of the date, time and location of the public hearing shall
be sent by the Director of Procurement to each property owner whose
property adjoins the parcel. The notice shall be sent by certified
mail at least 14 calendar days prior to the date of the public hearing.
[Added by Bill No. 10-20[1]]
[1]
Editor's Note: This bill also redesignated former Subsection
B(1)(c) as Subsection B(1)(d).
(d)
At the conclusion of the public hearing(s), the Council,
at its next legislative session, by resolution, may declare that any
of such parcels is no longer needed for public use and is, therefore,
surplus, or, in the alternative, that any of such parcels is not surplus.
As to parcel(s) declared not to be surplus, the Council may include
in the resolution a recommendation as to matters or concerns the Council
deems pertinent and relevant to such parcel(s) with respect to its
continued use by the County.
C.
Procedures for the disposition of County real property.
[Amended by Bill No. 87-27]
(1)
County real property, having been determined to be
surplus, shall be disposed of by public auction as provided for herein
unless otherwise stated.
(a)
The County Executive shall cause notice of auction
sales to be published. Publication shall be once a week for three
(3) successive weeks in one (1) or more newspapers of general circulation
published in the County.
(b)
The advertisement shall include:
[1]
The terms of sale and compensation to be received
therefor and shall provide an opportunity for objections to be filed
with the Director of Administration within ten (10) days after the
last notice of publication.
[2]
The place, date and hour of sale.
[3]
A description of the property to be sold, including
address.
[4]
A statement that the property will be sold at public auction to the highest acceptable bidder for cash or upon terms acceptable to the Treasurer and the County Attorney. Notice shall also include that the County shall have the right to reject any and all bids and sales and that all sales are subject to approval by the Board of Estimates in accordance with § 41-25 of this Code.
(2)
Disposition shall be to the highest acceptable bidder,
with the County Board of Estimates approving or disapproving any and
all bids and sales.
(3)
If it is determined by the County Executive and the County Council, by majority vote of the Council, that it is in the best interest of the County to dispose of County real property by other than public auction, the County Executive may dispose of any such real property for a price and under terms he determines to be in the County's best interest, provided that such disposition shall be subject to approval by the Board of Estimates in accordance with § 41-25 of this Code.
D.
Intergovernmental transfers. A transfer to another
governmental unit, such as but not limited to the State of Maryland,
the federal government or a municipality within Harford County, may
be made without auction after the Council has declared the property
to be surplus.
[Amended by Bill No. 87-27]
(1)
The transfer shall be for the appraised value of the
property.
(2)
The property may be transferred to the governmental
unit at less than its appraised value, provided that the Council has
authorized such a transfer. The County Executive shall submit to the
County Council a request to transfer the property to a governmental
unit, including a description of the property, its location and the
compensation to be paid, along with the appraisals obtained. The Council
may vote to authorize the transfer at the compensation recommended
by the County Executive or may disapprove the transfer.
E.
Lease of real property.
[Amended by Bill No. 87-27]
(1)
The County Executive is authorized and empowered to
lease County property in furtherance of public purposes. All leases
of County property shall comply with Article 25A, § 5(B),
of the Annotated Code of Maryland.
(2)
County Council approval is required for any lease
of County property for a lease term of more than one (1) year.
F.
Exemptions. Except as provided in this subsection,
the following transactions are exempt from the provisions of this
section:
[Amended by Bill No. 87-27]
(1)
Paper roads or roads closed in accordance with § 225-5 of the Harford County Code, as amended, may be transferred or disposed of without compliance with the advertising and bidding requirements of this section and may be conveyed to the abutting property owners after payment of the appraised value.
(2)
Dispositions made in accordance with the conditions
upon which the County received the property in the original grant.
(3)
Any sale, acquisition, trade, lease or other disposition
of real property undertaken pursuant to Article 41, § 14-101
et seq., entitled the "Maryland Economic Development Revenue Bond
Act," of the Annotated Code of Maryland or Article 41, § 12401
et seq., entitled the "Maryland Industrial Land Act," of the Annotated
Code of Maryland[2] or § 13-101 et seq., entitled the "Maryland
Industrial Development Financing Authority," of the Financial Institutions
Article of the Annotated Code of Maryland.
[2]
Editor's Note: See now Article 41A, § 5-401
et seq., of the Annotated Code of Maryland.
(4)
Transfer of real property as otherwise provided for
by ordinance or statute.
(5)
Real property acquired by Harford County for the use
of the Department of Public Works, which has an appraised value of
not more than five thousand dollars ($5,000.), may be conveyed to
the abutting owners after payment of the appraised value, provided
that the Board of Estimates approves the transfer.
(6)
Real property acquired by Harford County for the use
of the Department of Public Works may be conveyed to the State Highway
Administration, provided that the Board of Estimates approves the
transfer and the State Highway Administration needs the property for
a public purpose and pays the County an amount equal to the original
consideration plus reasonable interest and administrative costs.
(7)
Real property acquired by Harford County for the use
of the Department of Public Works which is, in the opinion of the
Board of Estimates, too small or otherwise unsuitable for private
use or development may be conveyed to the abutting owner, provided
that the Board of Estimates approves the conveyance.
G.
Rules and regulations. The Director of Procurement
is hereby authorized to promulgate rules and regulations to further
implement this section in accordance with Section 807 of the Harford
County Charter.
[Added by Bill No. 87-27]
H.
All of the provisions of this section shall be carried
out in a manner consistent with Article 25A, § 5(B), of
the Annotated Code of Maryland.
[Added by Bill No. 87-27]
A.
Any usage or custom that may prevail in the County,
relating to fees or other items of accounts being charged against
the County by any of the officers or employees or any other person
and allowed and levied for by former Boards of County Commissioners,
but which were not expressly authorized by law, shall not be allowed
to have or take the force and effect of law, but such usage or custom
is hereby disallowed and forbidden.
B.
The County Executive, in adjusting such accounts and
claims, shall be governed by the rates of fees as fixed and set by
law. He shall not be liable to be compelled by mandamus or any other
process issued by any court to levy for any object or purpose not
expressly provided for by law.
A.
The County shall not be compelled to pay any expenses
or fees until there is presented a bill, signed by the person to whom
the money is due, expressing the particulars for which such money
is charged and specifying fully and particularly without abbreviation,
each item.
B.
A bill for fees due an officer of the state or County
shall not contain a charge for a fee for any service not expressly
provided for by law or a greater fee than is so provided nor any charge
for a fee for any service not performed at or before the time when
such bill of fees is rendered.
No judge shall allow any expenses or fees under
the denomination of compensatory fees for any service not specified,
limited and appointed by law of this state or County.
The County Executive is hereby directed to pay
to the support of volunteer fire companies in the County and to volunteer
fire companies operating in the County under written working agreements
with the County, for the purpose of helping in the acquisition and
maintenance of such companies' fire-fighting apparatus, on or before
the first day of September in each year, such sums as the County Council
shall deem proper for all such fire companies so assisted in any one
(1) year, provided that a volunteer fire company not approved by the
County Fire Chiefs' Association shall receive no more than fifty percent
(50%) of the minimum amount appropriated by the County Council for
any volunteer fire company so approved by the Fire Chiefs' Association.
A.
Payment authorized. The County Executive shall pay
to the Harford Memorial Hospital such annual appropriations as the
County Council deems right and proper, either by outright grant or
by agreement for the support of indigent residents of the County or
by a combination of the two (2) methods.
B.
Lease of land. The County Executive is hereby further
authorized to lease the land upon which the Harford Memorial Hospital
is operated in Havre de Grace, Maryland, to the hospital in its corporate
name for such sums, nominal or otherwise, and for such duration as
he deems right and proper.
The County Executive is authorized to make such
contributions or gifts of money, other personal property or real property
as the County Council may approve for the use of the Northern Maryland
Society for the Aid of Retarded Children, Inc., or any similar charitable
corporation organized for the care and treatment of retarded children.
The contributions or gifts shall be made subject to any terms and
conditions which the County Council may deem appropriate. In further
support of programs for the benefit of retarded children, the County
Executive may borrow funds for the use of the organizations provided
for in this section and issue notes, bonds or other evidences of indebtedness
in the manner prescribed by law.
[Added by Bill No. 92-41]
Each security guard at a County-owned courthouse
facility shall be certified as a Class 1 Police Officer by the Maryland
Police Training Commission.
