LegalFix

§ 12-111. Authorizing resolution

MD Econ Dev Code § 12-111 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a)    For each issue of its bonds, the legislative body of a county or municipal corporation, the board of directors of an authority, or the Maryland Industrial Development Financing Authority, shall adopt a resolution that:

(1)    specifies and describes the facility;

(2)    generally describes the public purpose to be served and the financing transaction;

(3)    specifies the maximum principal amount of the bonds that may be issued; and

(4)    imposes terms or conditions on the issuance and sale of bonds it considers appropriate.

(b)    (1)    The legislative body of a county or municipal corporation, the board of directors of an authority, or the Maryland Industrial Development Financing Authority, by resolution, may:

(i)    specify, determine, prescribe, and approve matters, documents, and procedures that relate to the authorization, sale, security, issuance, delivery, and payment of and for the bonds;

(ii)    create security for the bonds;

(iii)    provide for the administration of bond issues through trust or other agreements with a bank or trust company that cover a countersignature on a bond, the delivery of a bond, or the security for a bond; and

(iv)    take other action it considers appropriate concerning the bonds.

(2)    The legislative body of a county or municipal corporation, the board of directors of an authority, or the Maryland Industrial Development Financing Authority may authorize a designee to exercise the powers provided under paragraph (1) of this subsection.

(3)    A designee may be:

(i)    a finance board, which shall act by resolution;

(ii)    the chief executive, who shall act by executive order or otherwise; or

(iii)    any other appropriate administrative officer, who shall act by order or otherwise with the approval of the chief executive.

(4)    Subject to the limitations of this subtitle and the limitations the legislative body prescribes by resolution, a chief executive or an administrative officer acting under a resolution of a legislative body shall exercise the authority granted:

(i)    to accomplish the legislative purposes of this subtitle; and

(ii)    to accomplish the public purposes of the resolution that the legislative body adopts.

(c)    (1)    A resolution or trust agreement may contain a pledge or assignment of revenues received from the financing of a facility.

(2)    The lien of the pledge or assignment made is valid and binding against a person with a claim against the public body, whether or not the person has notice of the lien.

(d)    Notwithstanding any other public general or public local law, a public body need not file or record a resolution, trust agreement, lease, installment sale agreement, loan agreement, or other instrument that it adopts or makes under this subtitle, except in the records of the public body.

(e)    A resolution adopted under this section:

(1)    is administrative in nature;

(2)    is not subject to procedures required for legislative acts;

(3)    is not subject to referendum; and

(4)    in a county or municipal corporation that has a publicly elected chief executive, is subject to approval by the chief executive.

(f)    This authorization is self-executing, and fully authorizes a public body to issue and sell bonds, notwithstanding any other statutory or charter provision.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.