Maryland Code § LG-12-406

Section LG-12-406
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(a) (1) The County Commissioners of Charles County may:
(i) purchase or lease personal property under a multiyear
contract that requires the county commissioners to make installment or rental
payments during 2 or more fiscal years;
(ii) pay interest as part of any installment or rental payments
in accordance with the terms of the contract; and
(iii) pledge and assign the personal property purchased or
leased to secure the obligation.
(2) (i) The county commissioners may enter into a contract
described under paragraph (1) of this subsection only if:

1. the county commissioners have appropriated money
sufficient to pay the amount due under the contract during the first fiscal year in
which the contract is effective;
2. subject to subparagraph (ii) of this paragraph, the
contract authorizes the county commissioners to terminate the contract if money
sufficient to pay the amount due under the contract for any fiscal year is not
appropriated;
3. the contract provides that, except if the county
commissioners default in payment under the contract, an obligation for payment
under the contract is limited to money appropriated for contract payment for that
fiscal year; and
4. the contract provides that, if the county
commissioners default in payment under the contract, the obligation for payment is
limited to:
A. money appropriated for contract payments for that
fiscal year;
B. any money realized from the personal property
purchased or leased under the contract; and
C. any other money legally available for contract
payment.
(ii) The contract may provide that a contract termination is
ineffective if the county commissioners purchase or lease personal property similar
or functionally related to the property purchased or leased under the contract within
a specified period of time.
(b) (1) (i) The County Commissioners of Charles County may:
1. transfer without public sale an interest in surplus
county property to another government unit in the county under terms and conditions
and for consideration, if any, as determined by the county commissioners; and
2. execute and acknowledge any instruments
necessary to transfer the property.
(ii) The county commissioners shall obtain three independent
appraisals before selling surplus school board real property under this paragraph.

(2) Notwithstanding any other provision in this section, the county
commissioners may transfer by public or private sale, any interest in surplus real
property under terms determined by the county commissioners if the transfer of the
property would contribute to economic development in the county.
(c) (1) To establish affordable housing for families of limited income as
defined in § 4-901 of the Housing and Community Development Article or to address
education, human services, housing, cultural, recreational, or community needs, the
County Commissioners of Charles County may:
(i) by resolution, transfer surplus real property in the county
to a private nonprofit corporation in the county or to the Housing Commission of
Charles County, with or without consideration; or
(ii) sell or, if the State does not have a financial interest in the
property, donate surplus school property that is transferred to the county by the
school board, to a government unit or a private nonprofit corporation.
(2) Before transferring surplus property under this subsection, the
county commissioners shall:
(i) hold a public hearing;
(ii) at the hearing, solicit and accept comments concerning the
transfer; and
(iii) at the hearing, consider issues related to the transfer that
include:
1. compatibility of the proposed use with the
neighborhood;
2. financial issues, including the ability of the proposed
transferee to construct, renovate, maintain, and operate a facility on the property;
3. the historical significance of the property; and
4. unique characteristics of any structure on the
property.
(3) The notice of the public hearing shall:

(i) be published at least once each week for 2 successive
weeks, with the last notice advertised at least 7 days before the date of the hearing
in a newspaper of general circulation in the county; and
(ii) include an appraisal of the property obtained by the county
commissioners.
(4) The county commissioners shall adopt regulations to implement
this subsection.
(d) (1) The County Commissioners of Charles County may:
(i) acquire by purchase, lease, condemnation, gift, or devise
real property, or any interest in property, to establish county roads;
(ii) return real property to the original owner of the property
or the owner's successor in interest when the property is no longer needed for road
purposes;
(iii) sell at a public or private sale any property established as
a county road when the property is no longer needed for road purposes; and
(iv) exchange real property established as a county road when
the property is no longer needed for road purposes for other real property needed to
establish county roads.
(2) The county commissioners shall advertise the sale or exchange of
property under this section at least 20 days before the date of the sale or exchange.
(e) (1) If the County Commissioners of Charles County determine at a
public sale of surplus county property that the highest bid is not reasonable, the
county commissioners may reject all bids on the property.
(2) If the county commissioners reject all bids under this subsection,
the county commissioners:
(i) shall record the highest bid in the minutes; and
(ii) may privately negotiate and sell the surplus property for a
higher price if:
1. the settlement of the property sale is within 1 year
from the day of the initial public sale; and

2. the county commissioners announce the privately
negotiated agreement at the first meeting after reaching the agreement.
(3) The county commissioners shall adopt regulations to implement
this subsection.

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