Markets

Baltimore City Public Local Laws subtit. 10

in effect

Baltimore City Public Local Laws, Subtitle 10, § 10-1 Short title.

§ 10-1 Short title. This subheading may be cited as the “Lexington Market Authority Act”.

Baltimore City Public Local Laws, Subtitle 10, § 10-2 Lexington Market Authority.

§ 10-2 Lexington Market Authority. (a) Created; members. There is hereby created a body corporate and politic to be known as the “Lexington Market Authority”, which shall be deemed an instrumentality of the Mayor and City Council of Baltimore and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of five members to be appointed by the Mayor of Baltimore, each of whom shall be a citizen of the State and a resident of the Baltimore Metropolitan District at the time of his respective appointment or reappointment, at least three of whom shall be residents of Baltimore City at the time of their respective appointments or reappointments. The original appointments shall be made in such manner that the term of one member shall expire on July 1, 1946, the term of another member shall expire on July 1, 1947, the term of another member shall expire on July 1, 1948, the term of another member shall expire on July 1, 1949, and the term of the remaining members shall expire on July 1, 1950. Their successors shall be appointed for terms of five years from the dates of expiration of their respective terms of office, except that any person appointed to fill a vacancy shall serve only for the unexpired term, and any member of the Authority shall be eligible for reappointment. Immediately after such appointment, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman and another as Vice-Chairman, and shall also elect a Secretary-Treasurer who may or may not be a member of the Authority. Three members of the Authority shall constitute a quorum. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall not be entitled to compensation for their services, but they shall be reimbursed for actual expenses necessarily incurred in the performance of their duties; provided, however, such reimbursement shall be made solely from funds provided under the authority of this subheading. (b) Operations. The Authority shall make necessary rules and regulations for its own government. The Authority may delegate to one or more of its members, or to its officers, agents and employees such powers and duties as it may deem proper. When all of the revenue bonds or revenue refunding bonds issued pursuant to the terms of this subheading shall have been paid and retired, the Authority shall thereupon promptly close out its business and affairs, and all real and personal property, leases, contracts, rights and other property of the Authority shall thereupon revert to and be assumed by the Mayor and City Council of Baltimore, and the Authority shall execute such deeds and assignments as may be necessary to transfer and convey to the Mayor and City Council of Baltimore title to such property, assets and rights, and the Authority shall thereupon be considered as automatically dissolved without the necessity of any formal dissolution proceedings. The Mayor and City Council of Baltimore shall thereafter own, possess, utilize, manage, operate and conduct said Market and its facilities in such manner as is or may be provided by the City Charter of Baltimore with reference to properties of like kind and character, or in such manner as may be determined by ordinance or ordinances of the City Council.

Baltimore City Public Local Laws, Subtitle 10, § 10-3 Definitions.

§ 10-3 Definitions. As used in this subheading, the following words and terms shall have the following meanings: (1) The word “Authority” shall mean the Lexington Market Authority created by Section 10-2 of this subheading. (2) The word “City” shall mean the Mayor and City Council of Baltimore, a corporation of the State of Maryland. (3) The word “Council” shall mean the City Council, the Legislative Department of the Mayor and City Council of Baltimore. (4) The term “existing market” shall mean and shall include, all lands, buildings, structures, parking lot sites, stalls, facilities and properties constituting the market commonly known as the “Lexington Market” and located within the boundaries set forth in Section 129, Article 27, Baltimore City Code {(1927 Edition)}, as amended by Ordinance No. 126, approved February 19, 1940. (5) The term “purchase price of the existing market” shall mean the price agreed upon by the Authority and the City, to be paid in cash or in bonds of the Authority at par, for the existing market or so much thereof as the Authority shall agree to purchase from the City, and in determining such purchase price the Authority and the City shall take into consideration the original cost of the existing market, reasonable depreciation, reproduction cost, revenues, cost of operation and maintenance, and all other available information relating thereto. (6) The word “Market” shall mean and include the existing market or so much thereof as shall be purchased by the Authority, such existing market or portion thereof as remodeled or reconstructed, any and all buildings, sites, structures, facilities, and properties used or useful in connection with the buying, storing, refrigerating, processing or sale of food products of all kinds, whether on the site of the existing market or on property adjacent thereto or useful in connection therewith, and any enlargements, improvements, reconstruction or extension thereof, and shall include parking and other ancillary facilities. (7) The term “cost of the Market” shall mean and include the purchase price of the existing market, the cost of all land, property, rights, easements, and franchises deemed necessary for the construction and establishment of the Market, the cost of all labor, materials, machinery and equipment, financing charges, interest prior to and during construction and for six months after completion of construction, cost of engineering, architectural and legal services, plans, specifications, surveys, estimates of cost and of revenues, other expenses necessary or incident to determining the feasibility or practicability of such construction, administrative expense and such other expenses as may be necessary or incident to the financing herein authorized and the construction and establishment of the Market, including the remodeling or reconstruction of the existing market, and the placing of the Market in operation. Any expense heretofore or hereafter incurred by the City and included in the foregoing definition of cost of the Market shall be regarded as a part of such cost and shall be reimbursed to the City out of the proceeds of the revenue bonds issued under the provisions and authority of this subheading.

Baltimore City Public Local Laws, Subtitle 10, § 10-4 Powers of Authority.

§ 10-4 Powers of Authority. The Authority shall have power: (1) to have a seal and alter the same at pleasure; (2) to acquire, hold, and dispose of real and personal property for its corporate purposes; (3) to acquire from the City the whole or any part of the existing market at a purchase price to be agreed upon between the City and the Authority, and to pay such purchase price in cash or in bonds of the Authority at the par value of such bonds; (4) to establish, construct, erect, acquire, own, repair, remodel, add to, extend, improve, equip, operate and maintain the Market, and to pay the cost of the Market solely from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (5) to make contracts and leases and to execute all instruments necessary or convenient, including contracts or leases with respect to the use of the facilities of the Market, parking facilities, concessions, stalls, or other facilities on such terms and for such of its corporate purposes as the Authority may deem advisable; (6) to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation and in accordance with and subject to the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises or licenses convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of the same or to dispose thereof in any manner it may deem to the best advantage of the Authority; but the Authority shall be under no obligation to accept and pay for any property condemned under this subheading, except from the funds provided under the Authority of this subheading. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned; and if the Authority shall deem it expedient to establish or construct the Market on any lands, streets, alleys or public places, the title to which shall then be in the City, the City, through its proper officials is hereby authorized to convey title to such lands, streets, alleys, or public places to the Authority upon payment to the City the reasonable value of such lands, such value to be determined by the Authority and by the City Council; such payment to be in cash or in bonds of the Authority at par. (7) to appoint and dismiss officers, agents and employees including engineering, architectural and construction experts and attorneys, and to fix their compensation; (8) to borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from earnings of the Market, and to provide for the payment of the same and for the rights of the holders thereof; (9) to have and exercise jurisdiction, control, possession and supervision of the existing market, or so much thereof as the Authority shall purchase from the City, upon payment of the purchase price of the existing market; and the Authority shall be and is hereby authorized to abandon, remodel or reconstruct the whole or any part of the existing market, or incorporate the existing market or any part thereof into the Market; (10) to exercise any power usually possessed by private corporations in performing similar functions, which is not in conflict with the Constitution and laws of this State; and (11 ) to do all things necessary and convenient to carry out the powers expressly granted by this subheading.

Baltimore City Public Local Laws, Subtitle 10, § 10-5 Powers of City.

§ 10-5 Powers of City. The City is hereby authorized and empowered to convey to the Authority the existing market or any part thereof upon receipt by the City of the purchase price therefor, either in cash or in bonds. The City is hereby authorized and empowered to vacate any or all streets, alleys or other public places required to insure proper operation of the Market and the full and complete utilization of its facilities, and the City may grant to the Authority the exclusive right to use such vacated streets, alleys or other public places for the purpose of the Market, subject to such terms and conditions and in such manner as the City and the Authority may lawfully agree upon.

Baltimore City Public Local Laws, Subtitle 10, § 10-6 Credit of City not pledged.

§ 10-6 Credit of City not pledged. Revenue bonds issued under the provisions of this subheading shall not be deemed to constitute a debt of the City or a pledge of the faith and credit of the City, but such bonds shall be payable solely from the funds of the Authority hereinafter provided therefor from revenues of the Market. All such bonds shall contain a statement on their face to the effect that the City is not obligated to pay such bonds or the interest thereon. The issuance of revenue bonds under the provisions of this subheading shall not directly or indirectly or contingently obligate the City to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment.

Baltimore City Public Local Laws, Subtitle 10, § 10-7 Rights of stall-holders.

§ 10-7 Rights of stall-holders. In the operation of the Market the Authority shall preserve, to the extent required by law, all rights of any persons in or to any of the stalls now located in the existing market, and shall give first choice as to location in the rental of stalls in the Market to the present tenants of stalls in the existing market.

Baltimore City Public Local Laws, Subtitle 10, § 10-8 Revenue bonds.

§ 10-8 Revenue bonds. (a) Authorized; issue. The Authority shall have power and is hereby authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds of the Authority for the purpose of paying all or a part of the cost of the Market. The resolution authorizing the issuance of revenue bonds under the provisions of this subheading shall state the purchase price of the existing market, and revenue bonds in an amount equal to such purchase price shall be included in the authorized issue of bonds hereunder. (b) Provisions. The revenue bonds shall be dated, shall bear interest at such rate or rates not exceeding six per centum per annum, payable semi-annually, and shall mature at such time or times not exceeding forty years from their date or dates, as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority prior to the issuance of the bonds. The principal of and the interest on such bonds may be made payable in any lawful medium and shall be payable solely from the special fund provided by this subheading for such payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, the manner of executing the bonds, the denomination or denominations of the bonds, and the place or places of payment of principal and interest thereof, which may be a bank or trust company within or without the State. In case any officer whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All revenue bonds issued under the provisions of this subheading shall have and are hereby declared to have, as between successive holders, all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Provision may be made for the registration of any of the bonds in the name of the owner as to principal alone and also as to both principal and interest, and for the issuance of new coupon bonds in exchange for bonds registered as to both principal and interest. Such bonds shall be sold by the Authority in such manner and for such price as it may determine to be for its best interests, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than six per centum per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values; provided, however, that if the purchase price of the existing market shall be paid to the City in bonds of the Authority such bonds shall be registered in the name of the City as to both principal and interest and deposited with the City. None of the provisions of Sections 35 and 36 of Article 31 of the Code of Public General Laws of Maryland (1939 Edition) shall have any application to the bonds hereby authorized and such bonds are hereby explicitly exempted therefrom, but all such bonds shall be treated as negotiable instruments, as provided in Section 33 of said Article 31. If the proceeds of the revenue bonds, by error of calculation or otherwise, shall be less than the cost of the Market, additional bonds may be issued to provide the amount of such deficit, and unless otherwise provided by the authorizing resolution or in the trust indenture hereinafter mentioned, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for such purposes. If the proceeds of such bonds shall exceed such costs, the surplus shall be paid into the sinking fund hereinafter provided for the payment of the principal of and interest on the bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without an election or any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified and required by this subheading. (c) Additional bonds. The resolution providing for the issuance of revenue bonds may also provide for the issuance of additional revenue bonds, not exceeding an amount to be fixed in such resolution or trust indenture, for the purpose of paying the cost of any extensions, additions and improvements which may thereafter become necessary; such additional revenue bonds may be sold from time to time in the manner hereinabove provided, and shall be deemed a part of the original issue authorized by such resolution, and shall be issued under such restrictions and limitations as may be prescribed by such resolution or trust indenture; provided, however, that such additional bonds shall rank equally and on a parity with the other bonds authorized thereby. (d) Refunding bonds. The Authority is hereby authorized to provide by resolution for the issuance of its revenue refunding bonds for the purpose of refunding any revenue bonds then outstanding and issued under the provisions of this subheading. The issuance of such revenue refunding bonds, the maturities and other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the provisions of this Act insofar as the same may be applicable. (e) Single issue for combined purpose. The Authority is further authorized to provide by resolution for the issuance of a single issue of its revenue bonds for the combined purposes of (1) paying the cost of any improvement, extension, enlargement or reconstruction of the Market, and (2) of refunding its revenue bonds which shall theretofore have been issued for such Market and shall then be outstanding and which shall then have matured or be subject to redemption or can be acquired for retirement.

Baltimore City Public Local Laws, Subtitle 10, § 10-9 Use of bond proceeds.

§ 10-9 Use of bond proceeds. All monies received from any revenue bonds issued and sold under the provisions of this subheading shall be applied solely for the purposes for which the bonds shall be authorized or to the sinking fund created for the payment of such bonds, and there shall be and there hereby is created and granted a lien upon such monies until so applied in favor of the holders of such bonds or the trustee hereinafter provided for in respect of such bonds.

Baltimore City Public Local Laws, Subtitle 10, § 10-10 Trust indenture.

§ 10-10 Trust indenture. In the discretion of the Authority, such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign all revenues to be received from the Market but shall not convey or mortgage the Market or any part thereof. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper, not in violation of law, including covenants setting forth the duties of the Authority in relation to the construction, acquisition, improvement, installation, maintenance, operation, repair and insurance of the Market and the custody, safeguarding and application of all monies, and may provide that the Market shall be constructed and paid for under the supervision and approval of consulting engineers employed or designated by the Authority and satisfactory to the original purchasers of the bonds issued hereunder, and may further provide that the security given by contractors and by any depositary of the proceeds of the bonds or revenues of the Market or other monies pertaining thereto, be satisfactory to such purchasers. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as depositary of the proceeds of the bonds or revenues and to furnish such indemnity bonds or to pledge such securities as may be required by the Authority. Such resolution or such trust indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. Except as in this subheading otherwise provided, the Authority may provide by resolution or by such trust indenture for the payment of the proceeds of the sale of the bonds and the revenues of the Market to such officer, board or depositary as it may determine for the custody thereof, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the Market.

Baltimore City Public Local Laws, Subtitle 10, § 10-11 Revenues.

§ 10-11 Revenues. (a) Rates and charges. The Authority is hereby authorized to fix and revise from time to time rates or charges for the use of the facilities of the Market, including parking facilities, and to charge and collect the same, and to contract with any person, partnership, association or corporation desiring the use of any of the facilities of the Market or any part thereof, and to fix the terms, conditions and rates of charges for such use. (b) Requirements. Such rates or charges shall be so fixed and adjusted as to provide a fund sufficient with other revenues of the Market, if any, to pay (1) the cost of maintaining, repairing and operating the Market unless such cost shall be otherwise provided for, including reserves for such purposes and for replacements, depreciation and necessary extensions, and (2) the bonds and the interest thereon as the same shall become due, and reserves for such purpose. Such rates or charges shall not be subject to supervision or regulation by any other State or City commission, board, bureau or agency. The rates, charges and all other revenues derived from the Market, except such part thereof as may be required to pay the cost of maintaining, repairing and operating the Market and to provide such reserves as may be provided for in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be set aside at such regular intervals as may be provided in such resolution or such trust indenture, in a sinking fund which is hereby pledged to, and charged with payment of, (1) the interest upon such bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary fiscal agency charges for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as herein provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of bonds, or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of bonds or of the trust indenture, any monies in such sinking fund in excess of an amount equal to one year’s interest on all bonds then outstanding may be applied to the purchase or redemption of bonds. All bonds so purchased or redeemed shall forthwith be cancelled. (c) Exception for cleaning market. Notwithstanding the aforegoing provisions of this section, the Mayor and City Council may at its discretion, by ordinance, provide for cleaning the Market and removing garbage therefrom, subject to such limitations, terms and conditions as the Mayor and City Council may in its discretion determine, but such ordinance shall not have the force of a contract with the bondholders and shall be subject to amendment or repeal at anytime.

Baltimore City Public Local Laws, Subtitle 10, § 10-12 Remedies of bondholder and trustee.

§ 10-12 Remedies of bondholder and trustee. Any holder of revenue bonds issued under the provisions of this subheading or of any of the coupons attached thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of Maryland or granted hereunder or under such resolution or trust indenture, or under any ordinance of the Council, and may enforce and compel performance of all duties required by this subheading or by such resolution, trust indenture or ordinance to be performed by the Authority or the City or by any officer thereof, including the fixing, charging, and collecting of rates and charges for the use of the facilities of the Market.

Baltimore City Public Local Laws, Subtitle 10, § 10-13 Tax exemption.

§ 10-13 Tax exemption. It is hereby found, determined and declared that the establishment of the Market under the provisions of this subheading is in all respects for the benefit of the inhabitants of the City and is a public purpose, and that the City and the Authority will be performing an essential governmental function in the exercise of the powers conferred by this subheading, and the Authority shall not be required to pay any taxes or assessments upon the Market or any part thereof or upon its activities in the operation and maintenance of the Market or upon any revenues therefrom, and the Market and the bonds of the Authority and the interest thereon shall be and remain forever exempt from all State, municipal and local taxation; provided, however, that the Authority may pay to the City within three months after the close of each fiscal year of the Authority, the amount determined by any contract entered into by and between the Authority and the City as the amount to be paid to the City in lieu of taxes; provided, further, the amount so to be paid pursuant to any such contract shall not be in excess of the amount of the annual ad valorem property tax which shall have been levied by the City upon any part of the Market property in the last tax levy prior to the acquisition thereof by the Authority, such payments, however, to be made only from the net revenues, if any, of the Authority for each such fiscal years which remain after (1) paying all expenses of maintaining, repairing and operating the Market, (2) making all required payments or transfers of monies to the credit of the Sinking Fund for the bonds issued under the provisions of this subheading and then outstanding, (3) setting aside reserves for such purposes, and (4) setting aside reserves for depreciation, improvements and extensions of the Market, all as may be required by any such contract or by the resolution authorizing such revenue bonds or by the trust indenture securing the same.

Baltimore City Public Local Laws, Subtitle 10, § 10-14 Alternative method.

§ 10-14 Alternative method. The provisions of this subheading shall be deemed to provide an additional and alternative method for the doings of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws and shall, except as provided in Section 15 {sic} hereof, not be regarded as in derogation of any powers now existing, and such provisions shall be liberally construed to effect the purposes thereof.

Baltimore City Public Local Laws, Subtitle 10, § 10-15 Severability.

§ 10-15 Severability. The provisions of this subheading are severable, and it is the intention to confer the whole or any part of the powers herein provided for, and if any of the provisions of this subheading shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions of this subheading. It is hereby declared to be the legislative intent that this subheading would have been adopted had such unconstitutional provision not been included therein.

Baltimore City Public Local Laws, Subtitle 10, § 10-16 Standards.

§ 10-16 Standards. (a) In general. It shall be unlawful for any retail grocery, food market, butcher or any other person, firm or corporation to sell, offer or expose for sale or to keep in any establishment from or in which food products are sold, any meat products which are labeled or represented as hamburger or ground or chopped beef unless the composition of these products complies with the following standards: (1) Hamburger shall consist of chopped fresh beef, with or without the addition of beef fat as such and/or seasoning, and shall not contain more than thirty (30) per cent of fat. (2) Ground or chopped beef shall consist of chopped fresh beef, with or without the addition of beef fat as such and/or seasoning, and shall not contain more than thirty (30) per cent of fat. (b) Penalties. Any violation or failure to comply with any of the provisions of this section shall be punishable by a fine of not more than one hundred dollars ($100.00) for each violation.

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/public-local-laws/10Fetched: 10/25/2026