Subtitle 15B. Redevelopment Authority

It is hereby declared that:

In this Subtitle, the following terms have the meanings indicated.

In addition to powers granted under Article 25A, Section 5, of the Annotated Code of Maryland and any additional powers conferred by other laws, the County is authorized, as specified by local law:

Land or property taken by the County for any of the purposes set forth in Subsection (a) of this Section or in connection with the exercise of any of the powers that may be granted to the County under this Section or by any powers conferred by additional laws by exercising the power of eminent domain, may not 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 that compensation.

All land or property needed, or taken by the exercise of the power of eminent domain, by the County for any of the purposes set forth in Subsection (a) of this Section or in connection with the exercise of any of the powers that may be granted to the County under this Section is hereby declared to be needed or taken for a public use or a public benefit.

Land or property owned by a Federal, State, or local government, or any agency thereof, may not be acquired by the County by exercise of the power of eminent domain without the prior consent of the Federal, State, or local government or agency thereof owning the land or property.

The County is authorized, by local law, to create a body corporate and politic and an instrumentality of the County to be known as the "Redevelopment Authority of Prince George's County."

The Redevelopment Authority shall be created when the County:

The County may:

The number, residency requirements, means of appointment and removal, qualifications, and terms of office of the members of the Redevelopment Authority shall be as specified by local law.

The officers, employees, and agents of the Redevelopment Authority shall be appointed and removed as specified by local law.

The exercise of all powers, authority, rights, and obligations of the Redevelopment Authority shall be as specified by local law and by this Subtitle.

An act of the Redevelopment Authority may not be challenged on the basis of the absence of qualifications of a member of the Redevelopment Authority if the member:

Except as provided in Subsection (e) of this Section, the County is authorized, by local law, to delegate to the Redevelopment Authority any or all of the powers granted to the County pursuant to Section 15B-103 of this Subtitle.

Land or property taken by the Redevelopment Authority pursuant to a delegation of authority from the County by exercise of the power of eminent domain may not 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 that compensation.

All land or property needed, or taken by the exercise of the power of eminent domain, by the Redevelopment Authority pursuant to a delegation of authority from the County is hereby declared to be needed or taken for a public use or a public benefit.

Land or property owned by a Federal, State, or local government, or any agency thereof, may not be acquired by the Redevelopment Authority by exercise of the power of eminent domain without the prior consent of the Federal, State, or local government or agency thereof owning the land or property.

Notwithstanding the delegation of the power of eminent domain by the County to the Redevelopment Authority, a decision of the Redevelopment Authority to take owner-occupied residential real property must have the prior approval of the County Council after notice to the property owner.

For the public purposes set forth in Section 15B-103 of this Subtitle, and subject to local law and the provisions of this Subtitle, the Redevelopment Authority may:

The Redevelopment Authority may accept grants from, make loans to, and enter into contracts with any Federal, State, or local agency, or any private entity or party.

The Redevelopment Authority may establish, impose, and collect tolls, rates, rentals, fees, and charges relating to its undertakings and property.

The budgetary and financial procedures of the Redevelopment Authority shall be set by local law.

No provisions of the Charter of the County or other County law regarding the duties, powers, or organization of the Redevelopment Authority apply to the Redevelopment Authority, unless the County expressly provides by local law that the Charter provision or other County law applies to the Redevelopment Authority.

Subject to public general law and local law, the Redevelopment Authority has all other powers necessary or convenient to carry out the purposes of the Redevelopment Authority .

The Redevelopment Authority may make rules and regulations for the operation and use of land, property, and undertakings under its jurisdiction in the manner provided by local law.

Any violation of the rules and regulations duly adopted by the Redevelopment Authority is a misdemeanor and is punishable by a fine not to exceed $1,000 or imprisonment for not more than 180 days or both.

In order to finance or refinance, in whole or in part, the cost of the acquisition and/or development or redevelopment, including the comprehensive renovation or rehabilitation of land or property for residential, commercial, or industrial purposes and related activities in accordance with this Subtitle, the Redevelopment Authority may issue bonds.

(1) The bonds:

(1) Bonds may be made payable as to principal, interest, and redemption premium as determined in accordance with local law, including from income, receipts, proceeds, revenues, and funds of the Redevelopment Authority derived from or available, or to be available, in connection with any undertaking for the accomplishment of the purposes and objectives mentioned in or contemplated by this Subtitle, including:

By resolution, the Redevelopment Authority may determine all matters with respect to the issuance, sale, delivery, and payment of and for the bonds, including, without limitation, the issue date or dates, maturity or maturities, interest rate or rates or manner of determining the same, terms, form or forms, denomination or denominations, manner of execution, place or places of payment, source or sources of payment, redemption, refunding, sale price, manner of sale, security, and the forms of any necessary or appropriate documents, including, without limitation, trust indentures, escrow agreements, and mortgages.

(1) Notwithstanding the provisions of Subsection (b) of this Section, and to the extent not inconsistent with any constitutional or Charter provision or public general law, any issue of bonds may be guaranteed, in whole or in part, as to payment of principal, interest, or redemption premium, by and upon the full faith and credit of the County.

The bonds, the transfer of bonds, the interest payable on the bonds, and any income derived from the bonds, including any profit realized in the sale or exchange of the bonds, shall be exempt at all times from taxation by the State or by any of its counties, municipal corporations, or public agencies of any kind.

The bonds are exempt from the provisions of Article 31, Sections 9 through 11, of the Annotated Code of Maryland, as replaced, supplemented, or amended.

(1) A pledge by the Redevelopment Authority of revenues as security for an issue of bonds shall be valid and binding from the time the pledge is made.

As specified by local law, and to the extent not inconsistent with any constitutional or Charter provision or any public general or public local law, the County may:

Notwithstanding any other provision of this Subtitle and to the extent not inconsistent with any constitutional or Charter provision or any public general or public local law, the Redevelopment Authority, as provided by local law, may:

The property owned or held by, and the revenues of, the Redevelopment Authority are exempt from taxation of every kind by the State or by any of its political subdivisions, municipal corporations, or public units.

Notwithstanding the provisions of Subsection (a) of this Section, on the request of the Redevelopment Authority the County, by local law, may provide for a negotiated payment in lieu of taxes for property owned or held by the Redevelopment Authority.

The net earnings of the Redevelopment Authority, apart from those necessary to pay debt service or to implement the purposes of this Subtitle, may not inure to the benefit of any person other than the County.

On termination of the Redevelopment Authority, all rights and title to all assets of the Redevelopment Authority shall vest in, and all obligations and liabilities of the Redevelopment Authority may be transferred to and assumed by, the County.

The Redevelopment Authority shall consist of seven (7) public members and two (2) ex officio members. Three (3) of the seven (7) public members shall be residents of the County. All shall be voting members. The ex officio members shall be the Chief Administrative Officer of the County or a Deputy Chief Administrative Officer, as designated by the County Executive, and the Director of Housing and Community Development of the County.

All members shall be persons who possess ability, experience, and integrity.

Five (5) of the public members shall be appointed by the County Executive for terms of four (4) years each and confirmed by the County Council. Two (2) of the public members shall be appointed by the County Council according to the Council's rules. The terms of the appointments shall be staggered in such a manner that the terms of office of no more than two (2) members of the Redevelopment Authority may expire in the same year.

Vacancies shall be filled for the unexpired term in the manner of original appointment. Each member shall serve until a successor is appointed and qualified even though the period of service may extend beyond the four (4) year term. All official acts and votes of any member during the period of extended service shall be valid as if the member were within said four (4) year term. A member of the Redevelopment Authority may be removed by the County Executive for cause.

Two (2) of the public members shall be designated by the County Executive to serve as Chairman and Vice Chairman. Each such officer shall serve until a successor is designated even though the period of service may extend beyond the period originally designated by the County Executive. All official acts of any such officer during the period of extended office shall be valid as if the officer were within the period of original designation.

The public members shall be entitled to such compensation as is established in the annual operating budget of the Redevelopment Authority, provided that such compensation shall be paid only for meetings actually attended.

There shall be a Community Advisory Committee whose purpose shall be to assist and advise the Redevelopment Authority.

Members of the Community Advisory Committee shall be nominated by the County Executive and confirmed by the County Council at the time of the initial appointments to the Redevelopment Authority. Members should represent the communities throughout the County where redevelopment efforts will be directed, and there shall be at least one representative from each Councilmanic District.

The terms of each member shall be for staggered terms of three years each.

Except as may be limited as provided therein, the Redevelopment Authority shall have all the rights and powers as established in Sections 15B-107(a), (b), (c), and (f) and 15B-112 of this Subtitle.

The Redevelopment Authority may appoint, with the consent of the County Executive, an Executive Director, Secretary-Treasurer, and General Counsel, who need not be members of the Redevelopment Authority. The Redevelopment Authority may appoint and remove such other employees or agents as the Redevelopment Authority shall deem necessary or desirable, except that no action shall conflict with the other provisions of this Division or the County Personnel Law as it relates to County employees.

Until such time as the Redevelopment Authority shall appoint an Executive Director, Secretary-Treasurer, and General Counsel for the Redevelopment Authority, the Chief Administrative Officer, Director of Finance, and County Attorney of the County shall serve, respectively, in such capacities.

The Redevelopment Authority may delegate to one or more of its members, or to the officers, agents, or employees of the Redevelopment Authority, such powers and duties as the Redevelopment Authority may deem necessary, so long as such delegation is not inconsistent with the provisions of this Subtitle.

On or before January 15th of each year, the Redevelopment Authority shall prepare and submit to the County Executive a proposed operating budget for the next fiscal year in such format as the County Executive may direct.

The operating budget shall contain a statement of all revenue estimated to be received by the Redevelopment Authority during the ensuing fiscal year, classified so as to show the receipts by funds and sources of income; a statement of any debt service requirements for the ensuing fiscal year; a statement of the estimated cash surplus, if any, available for expenditure during the ensuing fiscal year; a statement of any estimated deficit required to be made up in the ensuing fiscal year; an estimate of the amounts the Redevelopment Authority deems necessary for conducting the business of the Redevelopment Authority to be financed from estimated revenue for the ensuing fiscal year; a statement of the bonded and other indebtedness of the Redevelopment Authority; a statement of any contingency reserve which shall remain unappropriated; a comparative statement of the receipts, amounts budgeted, and annual expenditures for the last completed fiscal year; a statement of all proposed expenditures for, and estimated revenue from, leases, subleases, and similar real estate transactions; and such additional information as the County Executive may require.

If the proposed operating budget includes any item to be funded from payments (whether by lease payments, grant, or otherwise) to be received from Prince George's County, Maryland, the anticipated receipt or receipts shall be identified for each item, and a copy of the respective proposed budget shall be submitted to the County Executive and County Council for their review and comment. The Redevelopment Authority may make such modification to the proposed budget as may be deemed appropriate in response to the comments of the County Executive or County Council.

On or before June 1st of each year, the Redevelopment Authority shall adopt the operating budget of the Redevelopment Authority for the next fiscal year. The operating budget of the Redevelopment Authority shall be balanced at all times.

The Redevelopment Authority may amend the operating budget at any regular or special meeting. Each member shall receive a copy of the proposed amendment with accompanying justification not less than seventy-two (72) hours prior to the meeting. If a proposed budget amendment includes an increase in any anticipated receipt from Prince George's County, Maryland, or the deletion of any facility of which the County is to be a user, copies of the proposed budget amendment shall be submitted to the County Executive and County Council for their review and comment at least thirty (30) days prior to its adoption.

For purposes of this Section, the term "capital project" or "project" shall mean:

The Redevelopment Authority shall not commence any capital project without prior authorization of the County Executive and the County Council as provided in this Section. No capital project shall be proposed unless it is proposed to be commenced within the next succeeding six fiscal years. All capital projects approved under this Section shall constitute the Redevelopment Authority's Capital Improvement Program. The Capital projects and related information for each fiscal year, approved as part of a capital improvement program, shall constitute the capital budget of the Redevelopment Authority for that fiscal year.

The Redevelopment Authority may propose to the County Executive one or more projects for inclusion in the Redevelopment Authority's Capital Improvement Program. Each proposal shall include the following information:

After reviewing the request of the Redevelopment Authority for the inclusion of one or more capital projects in the Redevelopment Authority's Capital Improvement Program, the County Executive shall transmit any approved project, or any additional project that the County Executive may propose for inclusion in the Redevelopment Authority's Capital Improvement Program, to the County Council for its approval by ordinance or resolution. Any such project proposed by the County Executive shall conform to the requirements of Subsection (b), above.

Prior to the adoption of the ordinance or resolution approving the Redevelopment Authority's Capital Improvement Program, the County Council may add new projects or amend or delete any proposed project.

The proposed expenditure of funds by the Redevelopment Authority for each fiscal year of an approved capital improvement program shall constitute the Redevelopment Authority's Capital Budget in that fiscal year. Where modifications are required to a capital project, the capital improvement program shall be amended in the same manner as originally approved. Nothing in this Section shall be deemed to authorize the Redevelopment Authority to expend any funds on any capital project beyond the six-year period specified in the Redevelopment Authority's current Capital Improvement Program.

No appropriation for a capital project in the Capital Budget of the Redevelopment Authority shall lapse until the purpose for which the appropriation was made shall have been declared to be accomplished or declared to be abandoned by the Redevelopment Authority. The balances remaining to the credit of the completed or abandoned capital projects being lapsed shall be available for appropriation by the County in accordance with the requirements of this Division.

Transfers of appropriations between capital projects in the Redevelopment Authority's Capital Budget or Capital Improvement Program may be authorized by resolution of the County Council upon request of the Redevelopment Authority and upon concurrence of the County Executive.

The Redevelopment Authority may adopt by resolution rules and regulations for the operation and use of property and undertakings under its jurisdiction.

The Redevelopment Authority shall adopt by resolution rules and regulations implementing temporary or contractual personnel procedures, purchasing, and bidding procedures. Such regulations shall encourage minority business participation and may contain reasonable exceptions from any competitive bidding requirements as determined by the Redevelopment Authority.

On or before December 1st of each year, the Redevelopment Authority shall submit to the County Executive and County Council a financial statement of its financial condition and results of its operations for the most recently completed fiscal year. This financial statement shall be prepared in accordance with generally accepted accounting principles and shall be audited by an independent certified public accountant.

The Redevelopment Authority shall provide such other reports as the County Executive or County Council may require.

All matters voted upon by the Redevelopment Authority shall require a quorum of four (4) members of the Redevelopment Authority.

Unless otherwise specified by statute or local law, the Redevelopment Authority may take action by resolution with respect to any matters within its jurisdiction.

County-wide budgeting and human resource functions shall no longer come under Department of Housing and Community Development. Instead, those functions shall be separated and specifically designated as and for the Redevelopment Authority and shall follow applicable County procedures and regulations.

As of the effective date of the legislation implementing this section, County employees currently assigned to Department of Housing and Community Development, Redevelopment Authority Division, shall be transferred to and deemed employees of the Redevelopment Authority.

Employee shall be defined as set forth in County Code Section 16-102(22).

The current classification of these employees will remain the same, as well as their designation as represented or non-represented employees, unless future changes are implemented in accordance with applicable County laws or procedures.

The appointing authority for these employees shall be the Executive Director of the Redevelopment Authority.

County laws and procedures applicable to employees, as defined in this section, currently in effect or hereinafter amended, shall be applicable to employees now assigned to the Redevelopment Authority.

The Redevelopment Authority shall comply with the provisions of Division 17 of Subtitle 2 of this Code with regard to conflicts of interest and ethical considerations.

Members and officers of the Redevelopment Authority shall file financial disclosure statements pursuant to Division 17 of this Code.

The County finds that citizen participation and involvement in the various stages of housing and community development and redevelopment activities in the County is important and that the Redevelopment Authority shall encourage public input in its decision making process.

In addition to the Community Advisory Committee established under Section 15-119, rules and regulations or operating procedures adopted pursuant to Section 15B-109 and 15B-125 of the County Code, respectively, the Redevelopment Authority shall conduct at the minimum one (1) community meeting, including with notice to the County Council and the Council Member whose district the property or project sits, the adjoining property owners and to those departments, agencies, organizations, and citizens which the Redevelopment Authority reasonably believes may have an interest in the property or project, to review and discuss the vision and scope of a property or project prior to the release of any request for proposal (RFP), request for qualifications (RFQ), request for solicitation or other process for the development, redevelopment, sale, lease, conveyance, transfer, or otherwise disposition of Redevelopment Authority property or project.

At least thirty (30) days prior to the release of any request for proposal (RFP), request for qualifications (RFQ), request for solicitation or other process for the development, redevelopment, sale, lease, conveyance, transfer, or otherwise disposition of Redevelopment Authority property or project, the Redevelopment Authority shall send written notice to the County Council and the Council Member whose district the property or project sits. Such written notice shall adequately describe the property or project and shall contain a statement of its acquisition cost, date of acquisition, present assessment value, and, where proposed for private sale, the proposed sale price.

A Redevelopment Authority request for proposal (RFP), request for qualifications (RFQ), request for solicitation or other process for the development, redevelopment, sale, lease, conveyance, transfer, or otherwise disposition of Redevelopment Authority property or project shall not be valid for more than one (1) year from the date of its release.