Division 13. Public Improvements and Services

The County shall construct roadways, alleys, curbs, sidewalks, gutters, and storm drainage incident to any construction in the County after a determination that the improvements are necessary and desirable. It is provided, however, that before any such determination is made, the County shall give at least two (2) weeks' notice by letters written to the assessed owners of record of all property proposed to be subject to an assessment for the improvements and mailed to such owners at their addresses as are shown on the assessment records of the County, and also by advertisement, published at least once a week for two (2) successive weeks in three (3) newspapers published in the County, which have a circulation in the area affected.

The letter and advertisement or notice shall state the date on which such determination by a hearing shall be made and give a brief description of the proposed improvements, and warn all owners to appear at a time and place stated in the letter, advertisement or notice, to show cause, if any, why such improvements should be made as proposed.

For private roadways and rights-of-way, except roadways and rights-of-way owned by associations or entities established for condominiums, the Council may, upon petition signed by the owners of all property abutting the front footage affected, make the determination required under Subsection (a) of this Section. Assessments for improvements undertaken pursuant to this Section shall be made in accordance with Section 23-147 of this Code.

Minority business firms for the purposes of this Section shall mean a business at least fifty-one percent (51%) of which is owned by minority individuals or, in the case of a publicly owned business, at least fifty-one percent (51%) of the stock is owned by minority individuals, as defined in Section 10A-101 of this Code.

Except for those contracts the making of which is reserved to the County under the provisions of Article 25A, Section 5, Annotated Code of Maryland, a reasonable percentage of contracts entered into by the County for consultant or construction services or for the manufacture or furnishing of materials, supplies, or equipment in connection with any construction, maintenance, or operation of improvements undertaken by the County pursuant to Subtitle 2 of this Code shall be awarded to minority business firms.

The Director of Central Services for Prince George's County shall develop and engage in a program designed to encourage and assist minority business firms in the County to contract with the County for goods and services. To the extent possible, the program shall include maintaining an accurate and current vendors list; cooperation with other agencies to insure that existing on-the-job training programs are made available to minority business firms; consultation with all departments, boards, commissions and agencies of County Government, the Board of Education, the Prince George's Community College, the Bi-County Agencies, and the several municipalities in Prince George's County to encourage intergovernmental participation; and a continuous outreach program to make minority business firms aware of the opportunities to provide goods and services to the County.

The Director shall periodically review bidding procedures and bonding requirements in order to eliminate any provisions which may result in the imposition of an unfair or discriminatory burden on minority business firms.

The Council shall, by proper legislative act, adopt all necessary rules and regulations for the construction, maintenance or operation of the improvements and shall fix the time and manner of payment.

The Council shall have the authority to defer for a period of time, not to exceed five (5) years, the payment of such sums of money on the assessments applicable to the payment of principal. The Council may collect only such sums as may be determined to be interest charges on the principal indebtedness and charges against the property affected.

All special assessments or taxes levied by the Council shall be treated in all respects as County taxes collected by the Director of Finance, and shall have all of the priorities and lien rights of County taxes.

Whenever the Council is required to make any special assessment against abutting land for street improvement, whether for the construction of roadways, sidewalks, curbs or gutters and/or storm drainage, any or all of them, and such lot is located at the intersection of two (2) streets, and is what is known as a corner lot, the Council shall have the power to make an assessment for the number of feet in the front of such lot, where the improvement abuts on the front of such lot and in the case the improvement abuts on the side of such a lot, the assessment made for such improvement against the lot shall be for one-half (1/2) of the number of linear feet of the side of the lot, not to exceed a total exemption of fifty (50) linear feet. For the purpose of assessment the short side of such lot shall be considered the front of such lot, and in cases where the two (2) sides are equal, the Council shall determine which is front and which is the side of such lot. Such determination shall be final and conclusive.

In cases of lots, where it be determined to be inequitable to place the entire cost of such improvements upon property abutting; or of lots abutting on more than two (2) streets and of lots of irregular or unusual shape, and in cases of lots abutting on two (2) or more streets where in one (1) or more of such streets, roadways, sidewalks, curbs, gutters or storm drainage and street improvements, or any or all, have been or are about to be constructed under such circumstances as not to subject such lots to a special assessment by the Council, the Council shall have full power and authority to adjust assessments to be made against such lots for the cost of improvements herein authorized abutting such lots to such an amount as shall be just and equitable. The cost of improvements thus exempted may be included in the assessments to be made against the abutting property included in the project. The Council may contribute from the general funds or proceeds of bond issues such sums as in their judgment are just and equitable, and may also receive from a private individual or company and apply to such project such sum or sums of money as might be agreed upon. Such adjustments as may be made by the Council shall be final and conclusive.

Any assessment so proposed shall not be adopted by ordinance, resolution, or otherwise until the Council shall give, in addition to the previous notices hereinbefore mentioned and provided, at least two (2) weeks' notice by letters written to the assessed owners of record of all property proposed to be subject to an assessment for the improvements and mailed to such owners at their addresses as are shown on the assessment records of the County, and also by advertisement, published at least once a week for two (2) successive weeks in one (1) or more newspapers published in the County which has a circulation in the area affected. The letters and advertisement or notice shall state the date on which the assessment is proposed to be made and warning all property owners to appear at a time and place stated in the letter, advertisement or notice, to show cause, if any there be, why the assessment should not be made as proposed.

Any person aggrieved by the action of the Council shall have the right to appeal to the Circuit Court for the County, provided such appeal is taken within thirty (30) days next succeeding the day on which the assessment is made.

Payment of the costs of the construction, maintenance and operation of surface water or storm drainage systems as provided in Sections 2-235 and 2-236 and for governmental services or municipal functions as defined in Section 2-237, shall be a tax levy against the properties benefited by the improvement and shall be paid for by an ad valorem tax levied against all of the property assessed for County tax purposes within said area.

The Council in addition to the above prescribed method of payment of the costs for governmental services and/or municipal functions, may in its discretion prescribe the method of payment of the costs for the collection of garbage and trash as provided as follows: The Council may levy the costs of the collection and disposition as a tax to be considered as a lien against the property, the same as other County taxes. The basis of the tax shall be the total costs of the services divided by the number of units served in the collection of the garbage and trash.

The Council shall by proper ordinance, adopt all necessary rules and regulations for the construction, maintenance, or operation of the improvements, municipal functions and governmental services, and, shall fix the time and manner of payment. All taxes levied by the Council shall be treated in all respects as County taxes, collected by the Director of Finance, and shall have all the priority and lien rights of County taxes.

The Council, for the purpose of making any of the improvements provided in this Division, or providing the governmental services or municipal functions, or for the maintenance and operation of the facilities, or systems within the defined areas, shall have full power and authority to borrow upon the faith and credit of the County such sum or sums as may be needed for the purposes above mentioned, to fix the maturity or maturities of any such debt, the interest rate or rates, not exceeding six percent (6%) per annum, and manner and place of payment, and in each instance to issue its bonds or notes or other evidences of indebtedness for the amount of monies so borrowed.

The bonds, notes or other evidences of indebtedness shall be issued in groups or series, each such group or series to be appropriately identified with the improvement for which the money is being borrowed. The bonds, notes or other evidences of indebtedness may be sold by the Council from time to time at public sale or by private negotiation, notwithstanding the provisions of Section 10 of Article 31 of the Code of Public General Laws of Maryland (1957 Edition), as amended. None of the bonds, notes or evidences of indebtedness shall be issued to mature over a longer period than thirty (30) years from the date of issuance, or the probable useful life of the improvements, or undertaking with respect to which they are to be issued. They shall be issued on an annual serial maturity plan so arranged as to correspond as nearly as possible in amounts with the aggregate amounts of special assessments as above provided.

The Council shall, by a proper ordinance in each case, provide for the issuance of the bonds, notes or other evidences of indebtedness and for the liquidation thereof and the interest thereon by the application of the receipts of the special assessments with respect to which the bonds, notes or evidences of indebtedness are issued. The Council shall, also by the ordinance provide, in each case, that in the event the proceeds of the collection of such special assessments are in any year insufficient for the purpose of paying the principal and interest maturities of any such bonds, notes or evidences of indebtedness, such deficiency shall be made up by the County from the proceeds of unlimited ad valorem taxes levied upon all assessable property within the corporate limits of the County subject to unlimited taxation thereby.

Any bond issued pursuant to the authority of this Division and the interest payable thereon and the income derived therefrom in the hands of the holders thereof from time to time shall be, and is declared to be, exempt from State, County and municipal taxation of every kind and nature whatsoever in this State.

After having made the determination to provide a benefit or improvement set out in Sections 2-235 and 2-237, the Council shall cause a public notice thereof to be published not fewer than four (4) times at not less than weekly intervals in three (3) newspapers of general circulation in the area to be affected, briefly and accurately describing the location and the improvement to be provided or function to be performed and the approximate cost thereof. The public notices shall specify a time and place at which a public hearing will be held by the Council. In addition, the Council shall cause to be erected within the area to be affected a sign or signs facing in such a manner so as to be readily seen by the public designating the time, place and purpose of such hearing. The bottom of the sign or signs shall be not less than two and one-half (2-1/2) feet from the ground. The sign or signs shall have a length and width not less than two (2) and three (3) feet, respectively, and shall bear conspicuous lettering in black on a yellow background not less than four (4) inches in height.

The hearing shall be set for not less than fifteen (15) days after the fourth publication. If, after the hearing, the Council determines that the public health and welfare requires said improvement or function it shall proceed therewith by proper ordinance, to construct, operate or maintain the public improvement or function either by contract, publicly advertised or by its own force, or under its own supervision as it deems desirable and more economical.

In the case of the improvements provided in Section 2-237, the Council, for a period of two (2) years from June 1, 1957, may proceed only by contract and not by its own force. The effective date for the commencement of the improvements shall be no earlier than the fiftieth (50th) day after the hearing adopting the law. The law in the case of improvements adopted under Section 2-237 shall be ineffective if on or before the fortieth (40th) day after the adoption of the law there shall be presented to the Council or mailed by registered mail, a petition signed by the owners of at least twenty percent (20%) of the assessed valuation of the real property located in the area affected requesting a referendum on the question. In such event, the board shall notify the County Board of Supervisors of Elections immediately after receipt of the petition, giving to the Board a full and complete copy of the question to be determined.

The Board of Supervisors shall set a date for the referendum on the question within the area to be affected. The date for the referendum shall be set within sixty (60) days after receipt of the petition and shall permit the giving of at least fifteen (15) days notice thereof. Such notice shall be published by the Board of Supervisors on two (2) occasions at not less than weekly intervals, in three (3) newspapers of general circulation within the area to be affected. They shall specify the time and date of the referendum and the place or places at which it will be held. The County Board of Supervisors of Elections shall conduct and be responsible for the referendum. The Board of Supervisors shall determine from the County registration records of persons within the area proposed to be annexed who are qualified as voters in County elections. From such list, the Board shall conduct the referendum as herein provided.

On the date and at the places specified, the question to be determined shall be submitted to a referendum election of the persons who reside in the area to be affected and who are registered as voters in County elections. The ballots or the voting machines, as the case may be, shall contain a summary of the question with suitable provision for the voter to indicate a choice for or against it. If a majority of the persons voting on the question shall vote in favor of the proposal, it shall become authorized as proposed on the fourteenth (14th) day following the referendum. If not, the proposal shall be void and of no further effect whatsoever.

The County Board of Supervisors of Elections shall promptly notify the Council of the results of the referendum. All expenses incidental to the holding of the referendum shall be charged to and paid by the Council.

In assessing the cost for the improvements and facilities herein provided in Section 2-232, the Council shall assess against the abutting property for improvements provided in Section 2-232 on a front foot basis as herein provided and against the real property located in the areas affected for improvements in Sections 2-235 and 2-237 on an ad valorem or unit of service tax basis as herein provided and collect from the owners thereof the entire cost of constructing roadbeds, alleys, curbs, sidewalks, gutters, and street improvements, including the cost of street and public alley intersections and systems for the disposition of surface waters.

All construction costs, excavation costs, cost of preparation of preliminary plans, advertising for bids, engineering fees, attorney fees, operation costs, and all other costs, including administration and collection costs of the assessments to be levied. At no time shall the Council expend general funds or allocate money received from the State, or any other agency, in the carrying out of the powers of this Division except as hereinbefore provided. In the event in any one year the ad valorem tax or special assessment or unit of service tax levied is insufficient for the purpose of paying the principal and interest maturities of any bonds, notes, or certificates of indebtedness issued under the provisions of Section 2-241 and general funds are used, then, and in that event, the following year the ad valorem tax or special assessment or unit of service tax levied shall be increased in the area served to the extent necessary to reimburse the general funds used the previous year.

Upon the adoption by the legal and qualified voters of this State of the amendment to Article III of the Constitution of this State relating to eminent domain, in addition to powers and authority heretofore granted, the Council shall enter upon and take possession of such property and rights of way, to include lands improved by an occupied dwelling but not the occupied dwelling building nor an area under and about the building demarcated by a line circumscribed at a distance from the improvement itself equal to the front set back line for the extant zoning classification as the Council may deem necessary, and proceed with road construction. The Council shall first pay to the owner or into court to the use of the person entitled thereto, such sums as the Council estimates to be the fair value of the land and improvements taken and damage done, if any.

The Council's estimate of fair value shall not be less than the appraised value of the property being taken as evaluated by at least one (1) qualified appraiser whose qualifications have been accepted by the Circuit Court of the County. If the sum is paid into Court the property owner upon written request to the Clerk of the Court, shall be entitled to receive the sum without prejudice to any rights if the property owner agrees to pay back to the Council the difference between the sum and the final award, if the final award is less than the sum paid into Court. The payment, however, shall in no way limit the amount to be allowed under subsequent condemnation proceedings. The Council shall pay to the owner of such property and rights of way any further sum that may subsequently be finally awarded in a subsequent condemnation proceeding.

Within sixty (60) days after the completion of the construction of such road, if the Council and the owner of such land are unable to agree as to compensation and damages, if any, caused thereby, the Council shall institute condemnation proceedings in the manner prescribed by law. The owner at any time subsequent to the payment of such sum into Court may request in writing to the Council that such condemnation proceedings be instituted. In such case it shall be the duty of the Council within thirty (30) days after receipt of such notice to institute such proceedings and the duty of the Court to hear and determine such proceedings as soon thereafter as practicable.