Sec. 68C-4. Transportation Infrastructure Improvement Resolution.
Montgomery County, Md., Code § 68C-4 (2026)
Sec. 68C-4. Transportation Infrastructure Improvement Resolution.LinkCopy Citation
(a)
After holding a public hearing, the Council may approve a resolution that lists each transportation infrastructure improvement that would be entirely or partly paid for by a tax imposed under Section 68C-3.
(b)
The resolution must indicate the estimated cost, including a contingency amount, for each listed improvement.
(c)
The Council may amend the resolution after holding a public hearing.
(d)
The Council must present the resolution and each amended resolution to the Executive for approval or disapproval. If the Executive disapproves a resolution within 10 days after it is transmitted to the Executive and the Council readopts the resolution by a vote of 6 Councilmembers, or if the Executive does not act within 10 days after the resolution is transmitted, the resolution takes effect.
(e)
Before the Council holds a public hearing under subsection (a) or (c), the Executive should transmit to the Council:
(1)
a list of recommended transportation infrastructure improvements to be entirely or partly paid for by a tax imposed under Section 68C-3;
(2)
the estimated cost, including a contingency amount, for each listed improvement; and
(3)
an estimated tax rate for each tax to be imposed under Section 68C-3.
(f)
Before the County loans or advances any funds to the District that the District is required to repay to the County, the Council must adopt a repayment plan in a resolution under this Section, or as part of an approved Capital Improvements Program resolution, that specifies:
(1)
each transportation infrastructure improvement for which funds would be advanced;
(2)
the amount of funds advanced which the District must repay;
(3)
the expected rate of interest, if any, the District must repay;
(4)
the time period during which the District is expected to repay the amount due; and
(5)
any other principal term of repayment.
Any repayment plan adopted under this subsection is binding on the District and the County, except as later modified in a Council resolution.
(g)
Except as expressly approved by a Council resolution, a tax imposed under Section 68C- 3 must not pay for that part of the cost of any infrastructure improvement that has:
(1)
been paid for by any other government agency, or;
(2)
received a credit toward the payment of the development impact tax or any other tax, fee, or charge.
(a)
except as expressly approved by a Council resolution, a tax imposed under the authorizing law must not pay for that part of the cost of any infrastructure improvement that has:
(1)
been paid for by any other government agency, or;
(2)
received a credit toward the payment of the development impact tax or any other tax, fee, or charge; and
(b)
the County must not allow a credit toward the payment of any development impact tax levied under Chapter 52, or any other tax, fee, or charge, for that part of any infrastructure improvement financed by the special taxing district.