§ 12-408. Special provisions -- Frederick County

   (a) Multiyear installment contract to purchase or lease personal property -- Required conditions. --

   (1) The County Commissioners of Frederick 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 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) Transfer of surplus school board real property. -- The County Commissioners of Frederick County may sell to a government unit located in the county or to the Frederick Memorial Hospital, Inc., surplus school board real property:

   (1) without advertising the property for sale; and

   (2) after obtaining three independent appraisals.

(c) Sale of county real property. -- The County Commissioners of Frederick County may sell surplus county real property at a public or private sale if, subject to county procedures, the county commissioners hold a hearing on the sale and provide adequate notice of the hearing.

(d) Authority to sell land donated to county. --

   (1) The County Commissioners of Frederick County may:

      (i) accept a donation of real property that is not needed for a public purpose; and

      (ii) sell the property by public or private sale for consideration that the county commissioners determine to be adequate.

   (2) The county commissioners shall use all proceeds from the sale of real property under this subsection in accordance with the county budget or a resolution adopted by the county commissioners.

   (3) A sales agreement entered into under this subsection is not effective until:

      (i) a copy of the agreement is filed with the clerk of the court; and

      (ii) a summary of the agreement is published in at least one newspaper of general circulation in the county.

(e) Abandoned rights-of-way. -- The County Commissioners of Frederick County may sell an abandoned right-of-way in the county by public or private sale, after advertising the property for sale for at least 20 days.

HISTORY: An. Code 1957, art. 25, § 9D(a)(6), (b), (c), 11A(b)(2)(i)3, (2)(ii), (3), (3-1); 2013, ch. 119, § 2.