reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 8 - Sewerage Facilities Bond Act › Section 9-802 - Construction of Subtitle

(a)    The powers granted by this subtitle are:
(1)    Supplemental to the powers granted by any general, special, or local law; and
(2)    Not restricted by any debt or tax rate limitation in any general law, local law, or municipal charter.
(b)    Any municipality may engage in the development of any sewerage facility under this subtitle regardless of any general, special, or local law that:
(1)    Provides for the development of similar facilities;
(2)    Requires approval by the voters of any municipality for the development of the sewerage facility; or
(3)    Contains any other requirements, restrictions, limitations, or provisions regarding the development of the sewerage facility.
(c)    Any municipality may issue bonds under this subtitle to finance the development of any sewerage facility regardless of:
(1)    Any general, special, or local law that provides for the issuance of bonds for similar purposes;
(2)    Any general, special, or local law that requires approval by the voters of the municipality for the issuance of bonds;
(3)    An unfavorable vote by the voters of the municipality if the Department or a court of competent jurisdiction has ordered the development of the sanitary facility; or
(4)    Any other requirements, restrictions, limitations, or other provisions contained in any general, special, or local law.
(d)    If any provision of this subtitle is inconsistent with any general, special, or local law, the provision of this subtitle controls.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 8 - Sewerage Facilities Bond Act › Section 9-803 - Legislative Policy

It is the policy of this State that each municipality that engages in the development of any sewerage facility under this subtitle shall manage the sewerage facility as economically and efficiently as possible:
(1)    To promote the health and welfare of the inhabitants of the municipality and of this State by preventing, reducing, or eliminating the pollution of the waters of this State; and
(2)    To provide the services of the sewerage facility to consumers at the lowest possible cost.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 8 - Sewerage Facilities Bond Act › Section 9-805 - Authority to Issue Bonds; Adoption of Resolution

(a)    By resolution, the governing body of any municipality may authorize the issuance of bonds under this subtitle to finance, wholly or partly, the cost of the development of any sewerage facility. In the determination of the cost, the governing body may include:
(1)    Actual and estimated costs of issuing the bonds;
(2)    Engineering expenses;
(3)    Inspection expenses;
(4)    Fiscal expenses;
(5)    Legal expenses; and
(6)    Interest estimated to accrue, during construction and for 6 months after construction, on money borrowed or expected to be borrowed under this subtitle.
(b)    The resolution:
(1)    May be adopted at the meeting at which the resolution is introduced;
(2)    May be adopted by a majority of all members of the governing body who are in office when the resolution is introduced; and
(3)    Is effective immediately on adoption.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 8 - Sewerage Facilities Bond Act › Section 9-806 - Bond Provisions in Resolution

(a)    The authorizing resolution may provide that the bonds shall contain a recital that they are issued under this subtitle.
(b)    The authorizing resolution shall state that the interest on bonds issued under this subtitle shall be payable twice a year.
(c)    The authorizing resolution or any subsequent resolution may provide that the bonds issued under this subtitle:
(1)    Be in 1 or more series;
(2)    Bear a certain date or dates;
(3)    Be executed in a certain manner;
(4)    Contain certain terms, covenants, and conditions;
(5)    Be in coupon or registered form, or both;
(6)    May mature at a certain time or times, but not later than 40 years from their respective dates of issuance;
(7)    Be payable in a certain medium of payment;
(8)    Be payable at a certain place or places;
(9)    Carry certain registration privileges; and
(10)    Be subject to certain terms of redemption.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 8 - Sewerage Facilities Bond Act › Section 9-807 - Contract With Bondholder; Covenants; Judicial Remedies

(a)    The provisions of this subtitle and any resolution that authorizes the issuance of bonds under this subtitle are a contract between the municipality and the bondholder.
(b)    The authorizing resolution may contain covenants as to:
(1)    The disposition of the proceeds of sale of the bonds;
(2)    The disposition of the revenue of the sewerage facility for which the bonds are issued, including:
(i)    The pledging to the punctual payment of the bonds issued under this subtitle and of the interest on those bonds as they become due an amount sufficient to pay the bonds and interest on an equal or priority basis from all or part of the revenue of all or part of the existing or planned sewerage facility; and
(ii)    The creation and maintenance of reasonable reserves, from all or part of the revenue, for the payment of the bonds issued under this subtitle and of the interest on those bonds;
(3)    The issuance of additional bonds payable from the revenue of the sewerage facility;
(4)    The transfer from the general funds of the municipality to the account of the sewerage facility of an amount equal to the cost of providing the municipality or any of its departments, boards, or agencies with the services, facilities, and commodities of the sewerage facility;
(5)    The insurance to be carried on the sewerage facility and the disposition of insurance money;
(6)    The operation and maintenance of the sewerage facility;
(7)    The books of account of the sewerage facility and the inspection and audit of the books; and
(8)    The terms and conditions on which the bondholders or any trustee for the bondholders may petition the circuit court for the appointment of a receiver for the sewerage facility.
(c)    (1)    On petition of the bondholders or a trustee for the bondholders, the circuit court may appoint for a sewerage facility a receiver who may:
(i)    Enter and take possession of the sewerage facility;
(ii)    Operate and maintain the sewerage facility;
(iii)    Set sewerage facility rates, fees, or charges; and
(iv)    Collect, receive, and apply all revenue of the sewerage facility.
(2)    By mandamus or other appropriate suit, action, or proceeding in any court of competent jurisdiction, any bondholder may enforce:
(i)    The duties under this subtitle of the municipality and its governing body and officers; and
(ii)    The resolutions adopted under this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 8 - Sewerage Facilities Bond Act › Section 9-808 - Sale of Bonds; Interim Receipts or Certificates; Negotiability; Exemption From Taxation

(a)    (1)    Except for bonds issued under this subtitle and sold to the United States or to any agency, instrumentality, or corporation of the federal government, any bond issued under this subtitle shall be sold:
(i)    At public sale;
(ii)    After advertisement; and
(iii)    At a price that is not less than par.
(2)    Any bond issued under this subtitle may be sold, at a price that is not less than par, to the United States or to any agency, instrumentality, or corporation of the federal government at private sale.
(b)    The governing body of the municipality that issues the bonds may:
(1)    Issue, to any purchaser of a bond, an interim receipt or certificate pending preparation of the definitive bond; and
(2)    Determine the form and provisions of the interim receipt or certificate.
(c)    Any bond and interim receipt or certificate issued under this subtitle is:
(1)    Fully negotiable within the meaning of and for all the purposes of Title 8 of the Commercial Law Article; and
(2)    Forever exempt from State, county, or municipal taxation.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 8 - Sewerage Facilities Bond Act › Section 9-809 - Validity of Bonds

(a)    (1)    Any bond issued under this subtitle that bears the signatures of the officers in office on the date the bond is signed is a valid and binding obligation notwithstanding that:
(i)    At the time of delivery of or payment for the bond, any or all of the signers are no longer officers of the municipality; or
(ii)    Any proceeding that relates to the development of the sewerage facility for which the bond is issued is invalid or irregular.
(2)    A signature may be by facsimile as provided in § 2-303 of the State Finance and Procurement Article.
(b)    A recital in the bond that the bond is issued under this subtitle is conclusive evidence of:
(1)    The validity of the bond; and
(2)    The regularity of the issuance of the bond.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 8 - Sewerage Facilities Bond Act › Section 9-810 - Payment of Bonds and Interest

(a)    Except as provided in subsection (b) of this section, the general credit and taxing powers of any municipality are pledged to the payment of any bonds issued by the municipality under this subtitle.
(b)    A holder of a bond issued under this subtitle may not compel the exercise of the taxing power of the municipality to pay the bond or the interest on the bond, if:
(1)    A covenant in the authorizing resolution so limits the liability of the municipality; and
(2)    The bond recites in substance that:
(i)    The bond and the interest on the bond are payable from the revenue pledged to the payment of the bond; and
(ii)    The bond does not constitute a debt of the municipality within the meaning of any constitutional or statutory limitation.
(c)    In accordance with the provisions of this subtitle and the authorizing resolution, all bonds of the same issue:
(1)    Subject to the prior and superior rights of outstanding bonds, claims, or obligations, may have a prior and paramount lien on the revenue of the sewerage facility, over and ahead of:
(i)    All bonds of any subsequent issue payable from the revenue;
(ii)    Any claims of any nature subsequently arising against the revenue; and
(iii)    Any obligations of any nature subsequently incurred against the revenue;
(2)    May be equally and ratably secured by a lien on the revenue, without priority because of:
(i)    Number;
(ii)    Date of bonds;
(iii)    Date of sale;
(iv)    Date of execution; or
(v)    Date of delivery; and
(3)    In the manner and to the extent set forth in the authorizing resolution, including a provision for the subordination of fewer than all the bonds, may be subordinated and junior in standing, with respect to the payment of principal and interest and the security for the payment, to any other bonds that the authorizing resolution designates.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 8 - Sewerage Facilities Bond Act › Section 9-811 - Sewerage Facilities to Be Self-Supporting

(a)    To assure that each sewerage facility always remains self-supporting, the governing body of a municipality that issues bonds under this subtitle shall set, collect, and whenever necessary revise reasonable rates, fees, benefit assessments, or charges for the services, facilities, and commodities of the sewerage facility.
(b)    The rates, fees, benefit assessments, or charges shall be set so as to produce revenue and reserves that are at least sufficient:
(1)    To pay, when due, all bonds and the interest on the bonds, for the payment of which the revenue is pledged, charged, or otherwise encumbered; and
(2)    To provide for all expenses of operation and maintenance of the sewerage facility.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 8 - Sewerage Facilities Bond Act › Section 9-812 - Disposition of Revenue From Sewerage Facilities

(a)    Any municipality that issues bonds under this subtitle for the development of any sewerage facility may appropriate or expend the revenue from the sewerage facility for:
(1)    Paying, when due, all bonds and the interest on the bonds, for the payment of which the revenue is pledged, charged, or otherwise encumbered;
(2)    Providing for all expenses of operation and maintenance of the sewerage facility;
(3)    Paying and discharging the principal and interest on any notes, bonds, or other obligations:
(i)    Not issued under this subtitle, but for payment of which the revenue of the sewerage facility is pledged, charged, or encumbered; or
(ii)    Issued to finance the development of the sewerage facility, but which do not constitute a lien, charge, or encumbrance on the revenue of the sewerage facility; and
(4)    Providing a reserve for improvements to the sewerage facility.
(b)    Any municipality may transfer the revenue of any sewerage facility to the general funds of the municipality only after the municipality has made adequate provision for the purposes set out in subsection (a) of this section.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 8 - Sewerage Facilities Bond Act › Section 9-813 - Refunding Revenue Bonds

(a)    Any municipality may issue refunding bonds to refund, pay, or discharge the principal and interest on all or any part of the outstanding bonds:
(1)    Issued by the municipality to finance the development of all or part of the sewerage facility; and
(2)    In arrears or about to become due.
(b)    The provisions of this subtitle that concern authorization and issuance of bonds apply to authorization and issuance of refunding bonds.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part I - Definitions; Policy › Section 9-902 - Construction of Subtitle

(a)    To accomplish the purposes of this subtitle, the provisions of this subtitle:
(1)    Are full and complete authority without regard to the provisions of any other law; and
(2)    Shall be liberally construed.
(b)    However, this subtitle does not restrict the control that the Department of the Environment and the Department of Natural Resources may exercise over an authority.
(c)    This subtitle:
(1)    Provides an additional and alternative method to accomplish the purposes of this subtitle;
(2)    Is supplemental and additional to powers contained in other laws; and
(3)    Does not derogate any existing power.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part II - Formation and Organization; Termination › Section 9-905 - Purposes of Authorities

An authority:
(1)    Is an instrumentality that exercises public and essential government functions;
(2)    Provides for the public health and welfare; and
(3)    May acquire, hold, construct, extend, repair, improve, operate, or lease as a lessor or lessee 1 or more projects that are wholly or partly within 1 or more of the member political subdivisions.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part II - Formation and Organization; Termination › Section 9-907 - Articles of Incorporation -- Law; Contents; Execution; Approval

(a)    Each incorporating political subdivision shall include in the law that creates an authority the articles of incorporation for the authority.
(b)    The articles of incorporation shall include:
(1)    An appropriate name for the authority, which includes the word “authority”;
(2)    A statement that the authority is formed under this subtitle;
(3)    The name of each incorporating political subdivision;
(4)    The name, address, and term of office for each member of the 1st board of directors of the authority;
(5)    If the governing body of any incorporating political subdivision determines that its members are the board of directors of the authority, a statement to this effect; and
(6)    The purpose of the authority.
(c)    The officers of each incorporating political subdivision shall sign, acknowledge, and file the articles of incorporation for record with the State Department of Assessments and Taxation.
(d)    (1)    The State Department of Assessments and Taxation shall:
(i)    Receive the articles of incorporation;
(ii)    Mark the date and time of receipt to the articles; and
(iii)    Issue a certificate of approval for any articles that comply with this subtitle.
(2)    When the State Department of Assessments and Taxation issues a certificate of approval, the authority:
(i)    Begins to exist as a public body politic and corporate;
(ii)    Is conclusively considered to be lawfully and properly created;
(iii)    May exercise its powers under this subtitle; and
(iv)    Has the right to exist as a corporation for a term of 50 years.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part II - Formation and Organization; Termination › Section 9-908 - Articles of Incorporation -- Articles of Amendment

(a)    (1)    In this section, “articles of amendment” means a document that proposes or adopts an amendment to the articles of incorporation of an authority.
(2)    “Articles of amendment” includes a document that restates the articles of incorporation.
(b)    An authority may amend its articles of incorporation in accordance with this section:
(1)    To adopt a new name; or
(2)    To change, enlarge, or diminish its powers, duties, and purposes.
(c)    (1)    To amend its articles of incorporation, the board of directors of an authority shall adopt a resolution that proposes the amendments.
(2)    If the articles of incorporation are to be replaced, the resolution shall contain the language of the new articles of incorporation.
(3)    If any provision in the articles of incorporation is to be added, deleted, or amended, the resolution shall contain the language of the entire amended provision.
(4)    The resolution shall direct submission of the amendment to the governing body of each member political subdivision.
(5)    After the board of directors submits the amendment to the governing body of each member political subdivision, the governing body shall adopt or reject the amendment by law.
(d)    Articles of amendment under this section shall include:
(1)    The name and location of the principal office of the authority;
(2)    The complete amendment; and
(3)    A statement that the amendment:
(i)    Was proposed by the board of directors of the authority; and
(ii)    Was adopted by the governing body of each member political subdivision.
(e)    If the governing body of each member political subdivision adopts the amendment:
(1)    Two authorized officers of the authority shall:
(i)    Sign and acknowledge articles of amendment under the seal of the authority; and
(ii)    Verify under oath the matters and facts set forth in the articles of amendment; and
(2)    The authority shall file the articles of amendment for record with the State Department of Assessments and Taxation.
(f)    (1)    The State Department of Assessments and Taxation shall:
(i)    Receive the articles of amendment;
(ii)    Mark the date and time of receipt to the articles of amendment; and
(iii)    Issue a certificate of approval for any articles of amendment that comply with this subtitle.
(2)    When the State Department of Assessments and Taxation issues a certificate of approval, the articles of amendment:
(i)    Are in full force and effect; and
(ii)    Are conclusively deemed to be lawfully and properly adopted.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part II - Formation and Organization; Termination › Section 9-909 - Filing Names and Addresses of Officers and Location of Principal Office

(a)    When an authority is organized and elects its initial officers, the secretary of the authority shall file for record with the State Department of Assessments and Taxation:
(1)    The name and address of each officer of the authority; and
(2)    The location of the principal office of the authority.
(b)    Within 10 days after any change in location of the principal office of the authority, the secretary of the authority shall file notice of the new location with the State Department of Assessments and Taxation.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part II - Formation and Organization; Termination › Section 9-910 - Withdrawing From or Joining Authority

(a)    (1)    Except as provided in this section, if an authority has 2 or more members, any of the member political subdivisions may withdraw from the authority.
(2)    Any political subdivision may join the authority.
(b)    After an authority that has 2 or more member political subdivisions incurs an obligation, the member political subdivisions may not withdraw from the authority.
(c)    (1)    By law, the governing body of a political subdivision shall show its intention to withdraw from or join an existing authority.
(2)    If, by resolution, the board of directors of an authority consents to the withdrawal of a political subdivision from the authority, the following persons shall sign and acknowledge articles of withdrawal:
(i)    The authorized officers of the withdrawing political subdivision; and
(ii)    The authorized officers of the authority.
(3)    If, by resolution, the board of directors of an authority consents to the addition of a political subdivision as a member of the authority, the following persons shall sign and acknowledge articles of joinder:
(i)    The authorized officers of the joining political subdivision;
(ii)    The authorized officers of the authority; and
(iii)    After they are authorized by law of the governing bodies of their respective political subdivisions, the authorized officers of the political subdivisions that are then members of the authority.
(d)    Articles of joinder under this section shall include, for the joining political subdivision, all of the information required under § 9-907(b) of this subtitle, including the name, address, and term of office of the 1st member of the board of directors of the authority from the joining political subdivision.
(e)    The officers of the authority shall file articles of withdrawal or articles of joinder under this section for record with the State Department of Assessments and Taxation.
(f)    (1)    The State Department of Assessments and Taxation shall:
(i)    Receive the articles of withdrawal or articles of joinder;
(ii)    Mark the date and time of receipt to the articles; and
(iii)    Issue a certificate of approval for any articles that comply with this subtitle.
(2)    When the State Department of Assessments and Taxation issues a certificate of approval, the articles of withdrawal or articles of joinder:
(i)    Are in full force and effect; and
(ii)    Are conclusively considered to be lawfully and properly adopted.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part II - Formation and Organization; Termination › Section 9-911 - Termination of Authority

(a)    An authority may terminate its existence after the authority:
(1)    Pays or provides for payment of the principal of and interest on each bond that the authority issued;
(2)    Settles any other claim against the authority; and
(3)    Has the approval by law of the governing body of each member political subdivision.
(b)    To terminate its existence, an authority shall:
(1)    Comply with the provisions of this section; and
(2)    File articles of dissolution for record with the State Department of Assessments and Taxation.
(c)    The articles of dissolution shall include:
(1)    A statement that requests the termination of the existence of the authority;
(2)    A statement that the authority has:
(i)    Paid or provided for payment of the principal of and interest on each bond that the authority issued; and
(ii)    Settled each other claim against the authority; and
(3)    The signatures of the authorized officers of the authority.
(d)    (1)    If the articles of dissolution comply with this subtitle, the State Department of Assessments and Taxation shall:
(i)    Note the termination of existence of the authority on the records of the Department; and
(ii)    Issue a certificate of approval to the board of directors of the authority.
(2)    On approval of the articles of dissolution by the State Department of Assessments and Taxation, the existence of the authority ends.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part III - Board of Directors; Powers of Authorities › Section 9-914 - Membership -- Authorities Having Only 1 Member Political Subdivision

(a)    This section applies to any authority that is incorporated or continued by only 1 political subdivision.
(b)    At the election of the governing body of the political subdivision, the board of directors of the authority consists of:
(1)    The members of the governing body of the political subdivision; or
(2)    Five citizens of the political subdivision who are appointed by the governing body of the political subdivision.
(c)    (1)    The term of a director who is also a member of the governing body of the political subdivision is the same as the term of office for the member on the governing body of the political subdivision.
(2)    The term of a citizen director:
(i)    Begins on the date of appointment; and
(ii)    Is 5 years, except that the respective terms of the directors serving on the initial board are 1 year, 2 years, 3 years, 4 years, and 5 years from the January 1 after the incorporation of the authority.
(3)    The terms of citizen directors are staggered as required by the terms provided for the 1st directors in paragraph (2)(ii) of this subsection.
(4)    At the end of a term:
(i)    A citizen director continues to serve until a successor is appointed and qualifies; or
(ii)    A director who is a member of the governing body of the political subdivision ceases to be a director.
(5)    A citizen director who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(6)    At a meeting held at least 1 month before the end of a term of a citizen director, the governing body of the political subdivision that is represented by the citizen director shall designate a successor, who shall be deemed to be appointed at the end of the term.
(d)    If a political subdivision joins the authority, the governing body of the joining political subdivision immediately shall appoint 1 director for a term that is the same as the terms of the other directors.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part III - Board of Directors; Powers of Authorities › Section 9-915 - Membership -- Authorities Having Two or More Member Political Subdivisions

(a)    This section applies to an authority that has two or more member political subdivisions.
(b)    Except as provided in subsection (g) of this section, the number of directors of the authority is the greater of:
(1)    Five; or
(2)    The number of member political subdivisions.
(c)    Except as provided in subsection (g) of this section, the articles of incorporation for the authority shall provide for:
(1)    The appointment of directors;
(2)    The staggering of their terms; and
(3)    Where the number of member political subdivisions is less than five, the apportioning of the directors between or among the member political subdivisions.
(d)    (1)    The term of a director may not be more than 5 years.
(2)    If a vacancy occurs during the term of a director, the governing body of the political subdivision that is represented by the director shall fill the vacancy.
(e)    If a political subdivision joins the authority, the governing body of the joining political subdivision immediately shall appoint one director for a term that is the same as the terms of the other directors.
(f)    If a political subdivision withdraws from the authority, any director who was appointed to represent the withdrawing political subdivision immediately ceases to be a director.
(g)    In Harford County:
(1)    The number of directors of the authority is the greater of:
(i)    Seven; or
(ii)    The number of member political subdivisions.
(2)    The articles of incorporation for the authority shall provide for the apportioning of the directors between or among the member subdivisions if the number of political subdivisions is less than seven.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part III - Board of Directors; Powers of Authorities › Section 9-916 - Quorum; Meetings; Compensation; Staff

(a)    (1)    A majority of the full authorized membership of the board of directors of an authority is a quorum to do business.
(2)    Unless the bylaws require a larger number, the board may take any action by a majority vote of the directors present at a validly called meeting.
(b)    The board shall determine the times and places of its meetings.
(c)    (1)    A citizen director is entitled to the compensation set by:
(i)    The governing body of the single political subdivision that incorporated or continues the authority; or
(ii)    The governing bodies of the member political subdivisions.
(2)    However, the compensation for a citizen director may not be increased or decreased during the term of the director.
(3)    A director who is also a member of the governing body of a political subdivision may not receive compensation for service as a director.
(d)    The board may:
(1)    Set the number of officers, agents, and employees that the board considers proper;
(2)    Set the powers, duties, and compensation for these employees; and
(3)    Elect or appoint any director as an officer, agent, or employee.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part III - Board of Directors; Powers of Authorities › Section 9-917 - Miscellaneous Powers

In addition to the powers set forth elsewhere in this subtitle, an authority may:
(1)    Do anything necessary or convenient to carry out the purposes of this subtitle;
(2)    Adopt bylaws to regulate the affairs of the authority and conduct the business of the authority;
(3)    Have, use, alter, or abandon a corporate seal;
(4)    Sue, be sued, complain, and defend in all courts;
(5)    Maintain an office at any place that the authority determines; and
(6)    Manage the properties and business of the authority.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part III - Board of Directors; Powers of Authorities › Section 9-918 - Duplication of Powers and Competition With Existing Utilities or Authorities; Specification of Projects and Powers; Creation of Additional Authorities

(a)    An authority may not use any of its powers under this subtitle to construct, improve, maintain, or operate a project that in any way duplicates or competes with an existing public or private utility that serves substantially the same purposes.
(b)    (1)    By law, the governing bodies of the member political subdivisions may limit the projects that the authority may begin. If a limitation is made, the authority may not begin a project that is not authorized.
(2)    If the governing bodies of the member political subdivisions do not limit the projects that the authority may begin, the authority has all of the powers granted by this subtitle.
(c)    (1)    The governing body of a political subdivision that has created an authority under this subtitle may not create any other authority to serve any part of the same area.
(2)    Unless the governing body of every other member political subdivision consents by law, a member political subdivision may not create or join in the creation of any other authority.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part III - Board of Directors; Powers of Authorities › Section 9-920 - Interests in Property and Franchises; Consent Required to Use Eminent Domain

(a)    The board of directors of an authority may:
(1)    Acquire, lease as a lessee, hold, and use any interest in any property or franchise that is necessary or desirable to carry out the purposes of the authority;
(2)    Sell, lease as a lessor, transfer, or otherwise dispose of any interest in any property or franchise of the authority; and
(3)    Acquire any right in land or water right in connection with land by gift, purchase, or eminent domain.
(b)    To condemn an interest in property that is owned by a political subdivision, an authority must obtain the consent of the governing body of the political subdivision.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part III - Board of Directors; Powers of Authorities › Section 9-921 - Entering, Using, Occupying, and Digging Up Streets and Other Land

Subject to reasonable local police regulation that is established by the governing body of any political subdivision that has jurisdiction in the area, an authority may enter on, use, occupy, or dig up any street, road, highway, or public or private land that is necessary to acquire, construct, or maintain a project.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part III - Board of Directors; Powers of Authorities › Section 9-922 - Tapping Fees

(a)    When the owner of any property connects the property with a project operated by an authority, the authority may charge a reasonable tapping fee.
(b)    The tapping fee is in addition to any charges that the authority makes for rental or use of its projects.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part III - Board of Directors; Powers of Authorities › Section 9-923 - Acceptance and Use of Grants, Aid, and Contributions

An authority may accept:
(1)    From a federal agency, any grant to aid in the construction, acquisition, or operation of a project; and
(2)    From any source, aid or a contribution of money, property, labor, or any other thing of value for any stated purpose.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part III - Board of Directors; Powers of Authorities › Section 9-924 - Annexation of Property of Authority

If a political subdivision that is not a member of an authority annexes real property that is served by the authority, the authority may continue to do business on and exercise jurisdiction over its properties and facilities over its annexed real property as long as:
(1)    Any bond or indebtedness of the authority in effect at the time of the annexation remains outstanding or unpaid; or
(2)    Any contract or other obligation of the authority in effect at the time of the annexation continues in force.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part III - Board of Directors; Powers of Authorities › Section 9-925 - Record of Receipts, Expenses, and Expenditures; Audit and Financial Statement; Examination and Audit of Books and Records

(a)    Each authority shall:
(1)    Keep a complete record of its receipts and expenditures;
(2)    Employ a certified public accountant to audit its books and accounts;
(3)    Keep a detailed audit and financial statement of its accounts available and open for public inspection at its principal office during business hours; and
(4)    File annually a certified copy of the detailed audit and financial statement with the governing body of each member political subdivision.
(b)    (1)    In person or by authorized agents, the governing body of any member political subdivision may examine and audit the books and records of the authority.
(2)    An examination or audit under this subsection is without cost to the authority.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part IV - Bonds of Authorities › Section 9-929 - Nonapplicability of Other Laws

(a)    The issuance of a bond under this subtitle is not subject to conditions or limitations in any other law of this State.
(b)    Sections 8-201, 8-206, and 8-208 of the State Finance and Procurement Article do not apply to any refunding bond issued under this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part IV - Bonds of Authorities › Section 9-930 - Bonds Not Pledge of Faith and Credit of State or Political Subdivision

(a)    A bond issued under this subtitle:
(1)    Is not a pledge of the faith and credit of this State or any of its political subdivisions; and
(2)    Shall say on its face that neither the faith and credit of this State nor the faith and credit of any of its political subdivisions is pledged to the payment of the principal of or interest on the bond.
(b)    The issuance of a bond under this subtitle does not obligate this State or any of its political subdivisions directly, indirectly, or contingently:
(1)    To levy any tax; or
(2)    To make any appropriation for payment of the bonds, except from funds pledged in accordance with this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part IV - Bonds of Authorities › Section 9-931 - Bonds Constitute Legal Investments

A bond issued under this subtitle is a security:
(1)    In which any person who conducts a banking business, investment business, or insurance business, any fiduciary, any other person, or any public officer or agency of this State or of any political subdivision may invest funds, including capital that:
(i)    Is in the control of the person, officer, or agency; or
(ii)    Belongs to the person, officer, or agency; and
(2)    That may be deposited with and received by any officer or agency of this State, or any political subdivision, or any officer of a political subdivision, for any purpose for which the deposit of bonds or other obligations of this State is authorized by law.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part IV - Bonds of Authorities › Section 9-932 - Power to Issue and Secure Bonds

By resolution of its board of directors, an authority may:
(1)    Issue bonds of the authority;
(2)    Secure the payment of the bonds by pledge or deed of trust of all or any part of the revenue of the authority;
(3)    Either before or after the issuance of bonds, make any agreement that the authority considers advisable with:
(i)    A purchaser or holder of the bonds; or
(ii)    Any other person in connection with the bonds; and
(4)    Provide generally for:
(i)    The security for the bonds; and
(ii)    The rights of the holders of the bonds.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part IV - Bonds of Authorities › Section 9-933 - Issuance and Sale of Bonds -- Generally

(a)    An authority may issue bonds under this subtitle without:
(1)    Obtaining the approval or consent of any unit of the State government; or
(2)    Doing anything not specifically required by this subtitle.
(b)    An authority may sell bonds under this subtitle at public or private sale and at a price the authority determines is in the best interests of:
(1)    The authority; and
(2)    The political subdivision that is to be served.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part IV - Bonds of Authorities › Section 9-934 - Issuance and Sale of Bonds -- Special Provisions in Allegany County, Dorchester County, and Middletown in Frederick County

(a)    This section applies only in Allegany County, Dorchester County, and the town of Middletown in Frederick County.
(b)    (1)    An authority may not issue bonds unless the question of issuance of the bonds is submitted to the registered voters who reside within the geographical area served by the authority.
(2)    The governing body and the board of election supervisors in each political subdivision shall do whatever is necessary and proper to submit the question to a referendum of the qualified voters of the political subdivision.
(c)    A qualified voter at a referendum under this section is an individual who:
(1)    Lives within the geographic area served by the authority; and
(2)    Is qualified and registered to vote in State and county elections in the area.
(d)    (1)    The board of directors of the authority shall set the date for the referendum.
(2)    Except as otherwise provided in this subtitle, the Election Law Article governs the conduct of the referendum.
(e)    The appropriate board of election supervisors shall print the words “For the bond issue” and “Against the bond issue” on each ballot at a referendum under this section.
(f)    (1)    If a majority of the qualified voters who vote on the question vote “For the bond issue”, the authority may issue the bonds.
(2)    If a majority of the qualified voters who vote on the question vote “Against the bond issue”, the authority may not issue the bonds.
(g)    A referendum under this section does not prevent an authority from submitting the same or a similar question at another referendum that is held at a later time.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part IV - Bonds of Authorities › Section 9-935 - Temporary and Lost Bonds

(a)    (1)    Before the preparation of definitive bonds, an authority may issue interim receipts or temporary bonds with or without coupons.
(2)    Issuance of interim receipts or temporary bonds is subject to the restrictions that govern the issuance of definitive bonds.
(b)    Interim receipts or temporary bonds are exchangeable for definitive bonds when the definitive bonds are executed and available for delivery.
(c)    An authority may provide for the replacement of any bond that is lost, destroyed, or mutilated.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part IV - Bonds of Authorities › Section 9-936 - Limitations on Issuance of Additional Bonds

(a)    If an authority considers it necessary, the authority may include any limitation or restriction on the issuance of additional bonds:
(1)    In the resolution that provides for the issuance of bonds of the authority; or
(2)    In any trust agreement that secures the bonds.
(b)    If a resolution or trust agreement places any limitation or restriction on the issuance of additional bonds, the authority shall honor the limitation or restriction when the authority issues additional bonds.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part IV - Bonds of Authorities › Section 9-937 - Refunding Bonds; Joint Cost and Refunding Bonds

By resolution of its board of directors, an authority may provide for the issuance of:
(1)    Refunding bonds to refund any bonds of the authority that were issued under this subtitle and are outstanding; or
(2)    A single issue of bonds to:
(i)    Pay the cost of a project or of the improvement, extension, or reconstruction of or additions to a project; and
(ii)    Refund bonds that:
1.    Were issued under this subtitle and are outstanding; and
2.    Have matured, are subject to redemption, or can be retired.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 9 - Water and Sewer Authorities › Part IV - Bonds of Authorities › Section 9-938 - Securing Bonds by Resolution or Trust Agreement

(a)    To secure any bond issued under this subtitle, an authority may enter into a trust agreement with a corporate trustee, which may be:
(1)    A trust company; or
(2)    A bank that has the powers of a trust company.
(b)    In the resolution or trust agreement that authorizes the authority to issue bonds, the authority:
(1)    May pledge or assign the revenues to be received from the operation of any project for which the bonds are issued;
(2)    In the case of bonds that finance a sewerage system, and to the extent allowed under § 9-946 of this subtitle, may pledge or assign as security for the bonds the revenues to be received from the water system of the authority;
(3)    May not convey or mortgage any part of a project;
(4)    May include reasonable, proper, and lawful provisions for protecting and enforcing the rights and remedies of bondholders, including:
(i)    Covenants stating the duties of the authority to acquire, construct, improve, maintain, operate, repair, and insure any project for which the bonds are issued;
(ii)    Provisions for the custody, protection, and use of the funds of the authority; and
(iii)    Provisions for the employment of consulting engineers in connection with the construction or maintenance of any project for which the bonds are issued;
(5)    May state the rights and remedies of bondholders and, in the case of a trust agreement, of trustees;
(6)    May restrict the individual right of action of a bondholder in any way that is customary in a trust agreement or trust indenture that secures bonds or debentures of a corporation; and
(7)    May include any other provision that the authority considers to be reasonable and proper for the security of bondholders.
(c)    Except as otherwise provided in this subtitle, an authority may provide for:
(1)    Payment of the proceeds of the sale of its bonds and payment of any revenue of the authority to any officer, board, or depositary that the authority designates as custodian of the proceeds and revenues; and
(2)    Disbursement of the proceeds and revenues with any safeguards and restrictions that the authority determines.
(d)    An authority may treat any expense that is incurred in carrying out the provisions of a resolution or trust agreement under this section as a part of the cost of operation of the project.