Maryland Department of Business and Economic Development Section 5-1703

Article - Department of Business and Economic Development

§ 5-1703.

      (a)      This subtitle is self-executing and fully authorizes the Secretary to create a local redevelopment authority.

      (b)      (1)      The Secretary shall execute and file proposed articles of incorporation of an authority with the Department of Assessments and Taxation.

            (2)      The proposed articles of incorporation shall state:

                  (i)      The name of the authority;

                  (ii)      That the authority is formed under this subtitle;

                  (iii)      The names, addresses, and terms of office of the first members of the Board of Directors of the authority;

                  (iv)      The location of the principal office of the authority;

                  (v)      The purposes for which the authority is formed; and

                  (vi)      The powers of the authority, subject to the restrictions or limitations on the powers of the authority under this subtitle.

            (3)      When the Department of Assessments and Taxation issues a certificate of approval, the authority becomes a body politic and corporate and an instrumentality conclusively considered to have been lawfully and properly created and authorized to exercise its powers.

      (c)      (1)      A local redevelopment authority is a body politic and corporate and is an instrumentality of the State.

            (2)      The exercise by an authority of the powers conferred by this subtitle is the performance of an essential public function.

      (d)      (1)      (i)      A Board of Directors oversees the affairs of the authority and exercises all of its corporate powers.

                  (ii)      1.      The Board may adopt amendments to the articles of incorporation.

                        2.      An amendment to the articles of incorporation shall be filed with the Department of Assessments and Taxation.

            (2)      The Board consists of members appointed as follows:

                  (i)      The following members, to serve at the pleasure of the Governor:

                        1.      The Secretary, or the Secretary's designee;

                        2.      The Secretary of General Services, or the designee of the Secretary of General Services;

                        3.      The Secretary of Planning, or the designee of the Secretary of Planning; and

                        4.      The president of the military alliance of each county in which the facility is located;

                  (ii)      1.      If the facility is located in one county, the governing body of the county in which the facility is located shall appoint the executive director of the county economic development unit and two other members; or

                        2.      If the facility is located in more than one county, the governing body of each county shall appoint the executive director of its county economic development unit and one other member; and

                  (iii)      The following as non-voting, ex officio members:

                        1.      The executive director of MEDCO;

                        2.      The executive director of the authority; and

                        3.      The Director of Transitional Services of the State Department of Human Resources.

            (3)      (i)      The term of an appointed member of the Board is 4 years.

                  (ii)      The terms of appointed members shall be staggered.

                  (iii)      At the end of a term, a member continues to serve until a successor is appointed.

                  (iv)      A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed.

      (e)      (1)      (i)      From among its members, the Board shall elect a chair, a vice chair, and a treasurer.

                  (ii)      The chair, vice chair, and treasurer serve at the pleasure of the Governor.

            (2)      Fifty percent of the voting Board members serving at the time, plus one, is a quorum.

            (3)      A vacancy in the membership of the Board does not impair the right of a quorum of the Board to exercise all rights and perform all the duties of the authority.

            (4)      (i)      The Board may establish subcommittees as appropriate.

                  (ii)      A subcommittee may include as members individuals other than Board members.

                  (iii)      The Board shall establish a finance committee.

                  (iv)      The treasurer of the Board chairs the finance committee and oversees the finances of the authority.



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