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HARRY HUGHES, Governor
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1269
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SUPPLANT DISPLACE OR LIMIT COMPETITION IN THE AWARD OF
CONCESSIONS ON, OVER OR UNDER PROPERTY OWNED OR LEASED BY THE
COUNTY, AND IN THE LEASING OR SUBLEASING OF PROPERTY OWNED OR
LEASED BY THE COUNTY IN ORDER TO UTILIZE PROPERLY THE ASSETS OF
THE COUNTY FOR THE BEST PUBLIC PURPOSE; TO PROVIDE NECESSARY OR
DESIRABLE GOVERNMENTAL SERVICES AT THE LOWEST POSSIBLE COST; TO
PROTECT THE PUBLIC FROM UNSCRUPULOUS BUSINESS PRACTICES AND
EXCESSIVE PRICES; TO PROVIDE FOR THE ACCESSIBILITY TO PUBLIC
PROPERTY BY AS MANY CITIZENS AS POSSIBLE; AND TO PROMOTE THE
GENERAL WELFARE BY UTILIZING PUBLIC PROPERTY FOR THE BENEFIT OF
THE CITIZENS OF THE COMMUNITY.
(2) THE COUNTY COMMISSIONERS OF EACH COUNTY HAVE THE
AUTHORITY TO SUPPLANT DISPLACE OR LIMIT COMPETITION BY GRANTING
ONE OR MORE FRANCHISES FOR ANY CONCESSION ON, OVER OR UNDER
PROPERTY OWNED OR LEASED BY THE COUNTY ON AN EXCLUSIVE OR
NONEXCLUSIVE BASIS, TO CONTROL PRICES AND RATES FOR SUCH
FRANCHISES, TO ESTABLISH RULES AND REGULATIONS TO GOVERN THE
OPERATION OF THE FRANCHISES, TO PROVIDE FOR THE ENFORCEMENT OF
ANY SUCH MEASURE, AND TO LEASE OR SUBLEASE PUBLICLY OWNED OR
LEASED LAND IMPROVEMENTS TO LAND OR BOTH ON TERMS TO BE
DETERMINED BY THE COUNTY WITHOUT REGARD TO ANY ANTICOMPETITIVE
EFFECT.
(D) THE POWERS GRANTED TO ANY COUNTY PURSUANT TO THIS
SECTION SHALL NOT BE CONSTRUED:
(1) TO GRANT TO SUCH COUNTY POWERS IN ANY SUBSTANTIVE
AREA NOT OTHERWISE GRANTED TO SUCH COUNTY BY OTHER PUBLIC GENERAL
OR PUBLIC LOCAL LAW;
(2) TO RESTRICT SUCH COUNTY FROM EXERCISING ANY POWER
GRANTED TO SUCH COUNTY BY OTHER PUBLIC GENERAL OR PUBLIC LOCAL
LAW OR OTHERWISE; NOR
(3) TO AUTHORIZE SUCH COUNTY OR ITS OFFICERS TO
ENGAGE IN ANY ACTIVITY WHICH IS BEYOND THEIR POWER UNDER OTHER
PUBLIC GENERAL LAW, PUBLIC LOCAL LAW OR OTHERWISE .; OR
(4) TO PREEMPT OR SUPERSEDE THE REGULATORY AUTHORITY
OF ANY STATE DEPARTMENT OR AGENCY UNDER ANY PUBLIC GENERAL LAW.
Article 25A - Chartered Counties of Maryland
5A.
(A) (1) IT HAS BEEN AND SHALL CONTINUE TO BE THE POLICY OF
THE STATE TO AUTHORIZE EACH CHARTERED COUNTY TO SUPPLANT DISPLACE
OR LIMIT COMPETITION IN THE AREA OF PUBLIC TRANSPORTATION IN
ORDER TO PROVIDE FOR ADEQUATE, ECONOMICAL, AND EFFICIENT DELIVERY
OF TRANSPORTATION SERVICES; TO PROTECT ITS CITIZENS FROM
INCONSISTENT AND EXCESSIVE PRICES; TO PROVIDE NECESSARY AND
DESIRED SERVICES IN ALL AREAS OF THE COUNTY; TO ENABLE THE COUNTY
TO PROVIDE PUBLIC TRANSPORTATION IN ORDER TO CONSERVE ENERGY AND
REDUCE AIR POLLUTION, CONGESTION, TRAFFIC HAZARDS AND ACCIDENTS;
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