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1 Office of the Superintendent of Schools MONTGOMERY COUNTY PUBLIC SCHOOLS Rockville, Maryland October 22, 2012 MEMORANDUM To: From: Subject: Members of the Board of Education Joshua P. Starr, Superintendent of Schools Delegation of Authority to Execute Permanent Easements, Rights-of-Way, Memoranda of Understanding, and Related Agreements of a Routine Nature
The Department of Facilities Management receives a number of requests each year for utility easements, permanent easements with adjoining property owners, and memoranda of understanding with other governmental agencies, such as the Washington Suburban Sanitary Commission; Montgomery County Government; and the cities of Gaithersburg and Rockville for cooperative or joint use of property and the like. In most instances, these transactions do not have financial impact because payment usually is not involved; if there are any ancillary operational expenses connected with a governmental memorandum of understanding, the expenses are minimal. These routine easements and agreements usually are presented on a consent agenda because they are not controversial but generally are acknowledged as cooperative agreements with utility companies and/or governmental entities. In Resolution No. 455-03 adopted September 9, 2003, (attached) the Board of Education delegated to the superintendent of schools or his/her designee, authority to execute short-term facilities leases and related agreements. It is recommended that the Board of Education rescind Resolution No. 455-03 and approve a new resolution delegating broader authority for the superintendent of schools or his/her designee to approve and execute not only short-term agreements affecting Montgomery County Public Schools facilities, but also more permanent conveyances, such as utility easements, road widenings, Washington Suburban Sanitary Commission water meter replacements, and sewer relocations. Also, it is recommended that the Board of Education delegates authority to approve and to sign permanent utility easements, adjoining property owner agreements, amendments to building and cellular tower leases, and long-term agreements with governmental and nongovernmental entities involving incidental expenses only. None of the grants or memoranda of understanding will involve the conveyance of a fee simple interest in Board of Education property or significant expenditure of funds. If any proposed memorandum of understanding, easement agreement, or property agreement requires an exchange of property or a fee simple conveyance, even to another governmental body, or costs beyond incidental expenses, the transaction will be placed on the Board of Education’s agenda
Members of the Board of Education
October 22, 2012
for action at a public meeting. The proposed action is an expansion of the delegated authority already granted to the superintendent of schools or his/her designee in 2003 to assist in its management of Montgomery County Public Schools real property. The intended action will not require the exercise of the Board of Education’s discretion or commitment of budgetary resources beyond what already is authorized in the Board of Education’s budget. It is further recommended that authority be delegated to the superintendent of schools or his/her designee to execute short-term lease agreements of six years or less in duration and for amounts not exceeding $100,000 annually of budgeted funds. The following resolutions are presented for the Board of Education’s review and approval of this recommendation: WHEREAS, The Board of Education of Montgomery County holds all property in trust for the benefit of the county public schools, in accordance with Maryland’s Public School Law; and WHEREAS, The Board of Education of Montgomery County has authority and control over the granting of easements, perpetual licenses, and other grants that encumber or impair Board of Education-owned property; and WHEREAS, The efficient management of school property can be improved by expanding the authority delegated to the superintendent of schools or his/her designee to execute utility easements, licenses, permanent easements with adjoining land owners and governmental entities, and estoppel certificates; approve amendments to cellular tower leases; and enter memoranda of understanding with private and governmental entities involving incidental expenses only, all of which serve a routine and necessary purpose for the functioning of the public school system; now therefore be it Resolved, That the Board of Education rescinds Resolution No. 455-03 and expands the superintendent of schools or his/her designee authority to approve and execute routine documents required in long-term property leases of six years or less for amounts not exceeding $100,000 annually that are necessary for school use and to report such transactions to the Board of Education at the end of each fiscal year; and be it further Resolved, That the Board of Education delegates authority to the superintendent of schools or his/her designee to approve and to execute documents for licenses, rights-of-entry, utility easements, cellular tower lease amendments, permanent easements with adjacent landowners and governmental entities, estoppel certificates, memoranda of understanding with private and governmental entities involving incidental expenses only, and similar routine uses as part of the administrative management of school facilities. JPS:LAB:JS:jlc Attachment