Baltimore City Charter, Article II, § (1) Buildings.
§ (1). Buildings.
To regulate the location, construction, use, operation, maintenance and removal of buildings and structures, or any part thereof, of every kind.
General Powers
Baltimore City Charter art. II
in effectBaltimore City Charter, Article II, § (2) Condemnation.
§ (2). Condemnation.
(a) In general.
To acquire by purchase or condemnation any property, or interest therein, of any kind for any public purpose, and to provide for the procedure, with reasonable notice to the owner, by which such purchase or condemnation shall be made; and to acquire property adjoining or near to property to be used for any public purpose and to sell or dispose of such property subject to restrictions and reservations, and to assess benefits on any person benefited by any public works, construction or improvement.
Nothing in this subsection shall be construed to authorize the condemnation of property beyond the City limits. Provided, however, that nothing contained in this subsection shall be construed to authorize the City of Baltimore to acquire the franchise of any existing public utility, for the purpose of operation thereof, unless such acquisition has first been approved at a special or regular election by the duly qualified voters of said City.
(b) Sports franchises.
To acquire by purchase or condemnation any professional sports franchise which has or had the territorial rights to represent Baltimore City on or after January 1, 1983, including, without limitation,
(1) the franchise right to compete in an organized league or association;
(2) the business entity owning or operating such franchise;
(3) all contractual rights owned by the business entity which are necessary, incident, and appropriate to ownership and operation of such franchise;
(4) all interests in and rights to real property owned by the business entity which are necessary, incident, and appropriate to ownership and operation of such franchise; and
(5) any and all other property rights;
wheresoever the same may be located in the State of Maryland, whether tangible, intangible, real, personal, or mixed owned by the business entity, or to which the business entity has a claim, which are necessary, incident to and appropriate to the operation of a professional sports franchise in Baltimore City; and to sell or otherwise dispose of such franchise and collateral rights, in whole or in part, subject to such restrictions and reservations as may be necessary or appropriate.
(Ch. 6, Acts of 1984.)
Baltimore City Charter, Article II, § (3) Federal grants and contracts.
§ (3). Federal grants and contracts.
To accept from the United States or any agency thereof any grant or aid of any character, and, upon approval of the Board of Estimates, to make any contract with the United States or any agency thereof.
Baltimore City Charter, Article II, § (4) Wage and hour requirements for public contracts.
§ (4). Wage and hour requirements for public contracts.
To provide by ordinance for incorporating in any and all contracts made by the Mayor and City Council of Baltimore, or on its behalf, with any person, firm or corporation for the performance of any work, labor or services for said municipal corporation, the maximum number of hours which shall constitute a day’s work for, and the minimum rate of wages or salaries to be paid to any and all classes of, employees of contractors and subcontractors performing any kind of work, labor or services for said municipal corporation while such employees are engaged or employed in the performance of such work, labor or services, and for penalties to be imposed on such contractors or subcontractors failing to comply with any and all hour and wage provisions contained in any such contract in which they are interested; and by ordinance to empower the Board of Estimates of said municipal corporation to exercise any and all the power and authority herein granted to said municipality and make any and all rules and regulations and do any and all things, from time to time, that may be necessary or proper to put into operation and effect any and all of the aforegoing provisions.
Baltimore City Charter, Article II, § (4A) Contract disputes.
§ (4A). Contract disputes.
(a) Sovereign immunity.
Unless otherwise specifically provided by the laws of Maryland, Baltimore City, its officers, departments, agencies, boards, commissions, or other units of government may not raise the defense of sovereign immunity in the courts of this State in an action in contract based on a written contract executed on behalf of the City, department, agency, board, commission, or unit by an official or employee acting within the scope of authority.
(b) Statutory immunity.
In any action in contract described in subsection (a) of this section, Baltimore City, its officers, departments, agencies, boards, commissions, and other units of government have the immunity from liability described in § 5-509 of the Courts and Judicial Proceedings Article.
(c) Limitations.
A claim is barred unless the claimant files suit within 1 year from the date on which the claim arose or within 1 year after completion of the contract giving rise to the claim, whichever is later.
(d) Funds to satisfy final judgment.
The Mayor and City Council of Baltimore shall make available adequate funds for the satisfaction, after the exhaustion of any right of appeal, of a final judgment that has been rendered against the City or any officer, department, agency, board, commission, or other unit of government in an action in contract as provided in this section.
(e) Construction contracts – In general.
Except as provided in subsections (f) and (g) of this section, Baltimore City may not require in a construction contract, or otherwise provide with regard to a construction contract, to which it is a party, that a dispute between the parties involving $10,000 or more over the terms of the contract or performance under the contract be subject to final binding or conclusive determination by an officer or official body of Baltimore City.
(f) Construction contracts – Decision by neutral party or arbitration panel.
With regard to a construction contract to which it is a party, Baltimore City may provide or require that if there is a dispute over the terms of the contract or performance under the contract, the questions involved in the dispute shall be subject to a determination that is final and conclusive on all parties, made either by:
(1) a neutral person or entity selected by or in accordance with a procedure established by the Mayor of Baltimore City; or
(2) if the other party does not accept as neutral a person or entity selected under paragraph (1) of this subsection, by an arbitration panel composed of the following:
(i) one member designated by the Mayor of Baltimore City;
(ii) one member designated by the other party to the dispute; and
(iii) one member selected by mutual agreement of the 2 designated members from lists to be submitted by the parties to the dispute.
(g) Construction contracts – Decision by City officer subject to judicial review.
Notwithstanding the provisions of subsections (e) and (f) of this section, with regard to a construction contract to which it is a party, Baltimore City may provide or require that if there is a dispute between the parties involving $10,000 or more over the terms of the contract or performance under the contract, the dispute is subject to a determination of questions of fact by an officer or official body of Baltimore City, subject to review on the record by a court of competent jurisdiction.
(Ch. 521, Acts of 2002; Ch. 539, Acts of 1984.)
Baltimore City Charter, Article II, § (5) Entry on private property.
§ (5). Entry on private property.
To enter, by its officers or agents, the land or possessions of any person for the purpose of carrying out the powers enumerated in this Article II.
Baltimore City Charter, Article II, § (6) Ferries.
§ (6). Ferries.
To establish, acquire, own and operate municipal ferries in the harbor of Baltimore.
Baltimore City Charter, Article II, § (7) Fire.
§ (7). Fire.
(a) In general.
To provide for protection against fires, and to establish and to regulate all matters relating to a Fire Department.
(b) Biennial reports.
Beginning July 1, 2017, and every two years thereafter, the Baltimore City Fire Department shall submit a report to the members of the Baltimore City Delegation to the General Assembly, in accordance with § 2-1246 of the State Government Article of the Annotated Code of Maryland, on:
(1) the condition of motorized fire equipment of the Department; and
(2) the anticipated needs of the department for motorized 14 fire equipment for the following two years.
(Ch. 603, Acts of 2017.)
Baltimore City Charter, Article II, § (8) Food.
§ (8). Food.
To license, regulate and inspect the manufacture, transportation, storage, sale and disposition of food of every kind.
Baltimore City Charter, Article II, § (9) Foreign trade zones.
§ (9). Foreign trade zones.
To make application for establishing, maintaining and operating foreign trade zones in the Baltimore port of entry and in the State of Maryland within a radius of 60 miles beyond the port of entry limits, and to maintain and operate such foreign trade zones when established agreeable to and pursuant to the provisions of the Act of the 73rd Congress No. 397, approved June 18, 1934, entitled “A Bill to provide for the establishment, operation and maintenance of Foreign Trade Zones in ports of entry in the United States and to expedite and encourage foreign commerce”, and any amendment thereof.
(Chs. 52 and 53, Acts of 2009.)
Baltimore City Charter, Article II, § (10) Harbor, docks, and wharves.
§ (10). Harbor, docks, and wharves.
To provide for the preservation of the navigation of the Patapsco River and tributaries, including the establishment of lines throughout the entire length of said Patapsco River and tributaries, beyond which lines no piers, bulkheads, wharf, pilings, structures, obstructions or extensions of any character may be built, erected, constructed, made or extended; to provide for and regulate the stationing, anchoring and moving of vessels or other watercraft, and to prevent any material, refuse or matter of any kind from being thrown into, deposited in or placed where the same may fall, or be washed, into said river or tributaries; to make surveys or charts of the Patapsco River and tributaries, and to ascertain the depth and course of the channels of the same; to erect and maintain and to authorize the erection and maintenance of, and to make such regulations as it may deem proper, respecting wharves, bulkheads, piers and piling, and the keeping of the same in repair, so as to prevent injury to navigation or health; to regulate the use of public wharves, docks, piers, bulkheads or pilings, and to lease or rent the same, and to impose and collect dockage from all vessels and watercraft lying at or using the same, and to collect wharfage and other charges upon all goods, wares, merchandise or other articles landed at, shipped from, stored on or passed over the same.
Except with respect to docks or wharves owned by the City, nothing contained in this subsection (10) shall be construed to impose any duty upon the City to any person using said river, or any of its tributaries, in regard to the safety thereof, or to render the said City liable for any loss of life, or injury or damage to person or property, by reason of any obstruction in, or unsafe condition of, any part of said river, or of said tributaries, nor shall anything contained in this subsection (10) be so construed as to render the City or any municipal agency or officer, liable in damage or otherwise to any person for any omissions to pass or enforce any ordinance, regulation or resolution pursuant to the provisions hereof.
Baltimore City Charter, Article II, § (11) Health and nuisances.
§ (11). Health and nuisances.
(a) In general.
To provide for the preservation of the health of all persons within the City; to prevent the introduction of contagious diseases within the City, and within three miles of the same upon land, and within fifteen miles thereof upon the navigable waters leading thereto; and to prevent and remove nuisances.
(b) Illegal dumping.
On or before January 1 each year, the Department of Public Works shall:
(1) submit a report to the members of the Baltimore City Delegation to the General Assembly, in accordance with § 2-1246 of the State Government Article of the Annotated Code of Maryland, on the actions the Department has taken to remediate illegal dumping in each legislative district in Baltimore City in which more than ten citations for illegal dumping were issued during the previous year; and
(2) make the report required under item (1) of this subsection available to the public on the Department’s Website.
(Ch. 274, Acts of 2016.)
Baltimore City Charter, Article II, § (12) Hospitals, etc.
§ (12). Hospitals, etc.
To erect, establish and maintain hospitals, reformatories and almshouses, within or without the limits of the City.
Baltimore City Charter, Article II, § (14) Jones’ Falls.
§ (14). Jones’ Falls.
To make such improvements in connection with Jones’ Falls as in its judgment are desirable, and for this purpose to change the course, lines, depth and boundaries of said stream, in whole or part; to compel any person owning property binding on Jones’ Falls, within the limits of the City, to wall up such property, so far as the same may bind on the Falls, with a good and sufficient wall to such height as in its judgment the public good may require, so as to secure the same and the adjacent property from the danger of being inundated with water; to compel any person to rebuild or repair any wall owned by him binding on the Falls within the limits of the City, and upon neglect or refusal so to do the City may cause the same to be done, in which event the City is authorized and empowered to recover the cost thereof by suit at law, which costs shall be a lien on the property so walled or repaired.
Baltimore City Charter, Article II, § (15) Land development and redevelopment.
§ (15). Land development and redevelopment.
(a) Property acquisition.
To acquire, within the boundary lines of Baltimore City, land and property of every kind, and any right, interest, franchise, easement or privilege therein, including land or property and any right or interest therein already devoted to public use, by purchase, lease, gift, condemnation or any other legal means, for development or redevelopment, including but not limited to, the comprehensive renovation or rehabilitation thereof; provided, however that any land or property owned by the State of Maryland or the Housing Authority of Baltimore City shall not be acquired by the Mayor and City Council of Baltimore without the prior consent of the State or the Housing Authority of Baltimore City, as the case may be;
(b) Development.
To develop or redevelop, including but not limited to, the comprehensive renovation or rehabilitation of, any and all land or property acquired by any of the methods hereinbefore mentioned;
(c) Property disposition.
To sell, lease, convey, transfer or otherwise dispose of any of said land or property, regardless of whether or not it has been developed, redeveloped, altered or improved and irrespective of the manner or means in or by which it may have been acquired, to the United States of America or the State of Maryland, or any department or agency thereof, or to any private, public or quasi-public corporation, partnership, association, person or other legal entity, for development or redevelopment, including but not limited to, the comprehensive renovation or rehabilitation thereof; any lease or rental agreement entered into based upon, or pursuant to, the power and authority contained in this subsection (15) or entered into in connection with any of the purposes or objects contemplated by said subsection is hereby declared to be exclusively for business or commercial purposes, and any lessee or tenant who is a party to any such lease or rental agreement, or any successor in interest or title, shall not have any right to redeem the rent, fee or charge reserved or to be paid by any such lessee or tenant, or any successor in interest or title, under the terms of any such lease or rental agreement, except to the extent and in the manner set forth in any such particular lease or rental agreement, if any such right is specifically and definitely granted therein;
(d) Preservation for public use.
To preserve for the United States of America, the State of Maryland or the Mayor and City Council of Baltimore, or any departments or agencies thereof, any of said land or property, or any rights or interests therein, for public use, irrespective of the manner or means in or by which it may have been acquired;
(e) Grants and loans.
To petition for, and accept from, the United States of America, or the State of Maryland, or any department or agency thereof, or any other source, any loan, grant or aid of any character and, upon the sole approval of the Board of Estimates, make and execute any contract or other legal instrument with any of said parties, in connection with any and all of the purposes and objects mentioned in or contemplated by the provisions of this subsection (15); and, in order to enable the Mayor and City Council of Baltimore to obtain such financial assistance from the United States of America, or the State of Maryland, or any department or agency thereof, or any other source, as may be available from time to time, for assisting said municipality in carrying out the purposes and objects mentioned in or contemplated by the provisions of this subsection (15), in addition to its general and special powers, to borrow money to finance undertakings for the accomplishment of the purposes and objects mentioned in or contemplated by the provisions of this subsection (15) and in connection therewith to issue bonds, notes or other obligations (including refunding bonds, notes or other obligations), all of which shall be fully negotiable, payable, as to both principal and interest, solely from, and secured solely by a pledge of and lien upon either or both of the following (a) and (b):
(a) any or all of the income, receipts, proceeds, revenues, and funds derived from, or available or to be made available for, any undertakings for the accomplishment of the purposes and objects mentioned in or contemplated by the provisions of this subsection (15), including, but not limited to, the proceeds of grants or contributions from the United States of America, or the State of Maryland, or any department or agency thereof, or from any funds of the Mayor and City Council of Baltimore that may be lawfully available therefor, or any other source, and compensation paid from appropriated funds by the Mayor and City Council of Baltimore for land retained by it; and
(b) any contract or rights thereunder then existing between the United States of America, or any department or agency thereof, and the Mayor and City Council of Baltimore with respect to any undertakings for the accomplishment of the purposes and objects mentioned in or contemplated by the provisions of this subsection (15).
Any and all of such bonds, notes or other obligations shall not be general obligations of the Mayor and City Council of Baltimore and shall not be a pledge of or involve the faith and credit or the taxing power of the Mayor and City Council of Baltimore and shall not pledge, convey or mortgage any real property of the Mayor and City Council of Baltimore, and shall not constitute a debt of the Mayor and City Council of Baltimore, all within the meaning of Section 7 of Article XI of the Constitution of Maryland or within the meaning of any other constitutional, statutory or charter provision limiting or restricting the sale or issuance of bonds, notes or other obligations of said municipality.
Any and all such bonds, notes or other obligations shall be issued by the Mayor and City Council of Baltimore pursuant to an ordinance of said municipality without the necessity of submitting the question of such issuance to the legal voters of Baltimore City for approval or disapproval. Any such ordinance may prescribe, among other things, the form, terms, provisions, manner or method of issuing, and the time or times of issuance, and any and all other details of any such bonds, notes or other obligations, and vest in the Board of Estimates any or all of the power and authority which the Mayor and City Council of Baltimore has or may hereafter have in connection with the issuance of any of the notes, bonds, or other obligations authorized to be issued under the provisions of this paragraph (e);
(f) Contract restrictions.
To require the insertion of appropriate provisions in any legal instrument pertaining to the sale, lease, conveyance, transfer or other disposition of any of said land or property to any legal entity for any of the purposes and objects contemplated by this subsection (15), providing that such legal entity shall begin its operations within a predetermined reasonable period of time; that the standards of population density, property maintenance, type of land use and other standards established for the particular parcel of land or property involved shall be maintained, and that all covenants and restrictions contained in any such legal instrument shall be binding on any subsequent purchaser, lessee, transferee or any other successor in interest;
(g) Administration.
To vest jurisdiction or authority to exercise or perform all or any part of the aforegoing powers in any suitable board, commission, department, bureau or other agency of the Mayor and City Council of Baltimore now in being or in any new board, commission, department, bureau or agency of the Mayor and City Council of Baltimore, which it is hereby empowered to create and establish for such purposes; and
(h) Conflicts of interest.
No officer, official or employee of any agency of the Mayor and City Council of Baltimore, which is vested with any power or authority to be exercised under the provisions of this subsection (15), shall become financially interested in any way in any land or property which may be acquired under any of the provisions of this subsection (15), and no such officer, official or employee shall be or become financially interested in any way in any legal entity, other than the United States of America, the State of Maryland or the Mayor and City Council of Baltimore, who may undertake to develop or redevelop any land or property under or pursuant to the provisions of this subsection (15);
(i) Revenue bond financing.
(1) To borrow money and use the same for the public purpose of assisting the financing of development and redevelopment, including but not limited to, new construction or the comprehensive renovation or rehabilitation, of land or property located within the boundary lines of Baltimore City, to be used for residential housing purposes, including related commercial and community facilities, which financing may be effected through loans made directly or indirectly (including, in whole or in part, the purchase of mortgages, notes or other securities) to any public, quasi-public or private corporation, partnership, association, person or other legal entity, or through subsidizing rent or interest payments with respect to such development and redevelopment, and in connection therewith to issue bonds, notes or other obligations (including refunding bonds, notes or other obligations), all of which shall be fully negotiable, and payable, as to both principal and interest, solely from, and secured solely by, a pledge of and lien upon the revenues realized from or produced by the property, facilities, developments and improvements whose financing is undertaken by issuance of said bonds, notes or other obligations, and realized from or produced by existing facilities to which such new facilities and improvements are related, or upon mortgages, notes, or other securities which may be acquired for or in connection with such purpose with bond sale proceeds and pledged to debt service payments on such bonds.
(2) To enter into agreements with any legal entity or entities and to ordain any ordinance or ordinances that may be necessary or proper to exercise any and all of the power and authority vested in the municipality by this subparagraph (i). Any and all loans to be made pursuant to the provisions of this subparagraph (i) shall be subject to the prior approval of the Board of Estimates of the Mayor and City Council of Baltimore, and the terms and provisions of any agreement relative to any such loan shall be subject to the approval of the Board of Estimates and the City Solicitor of the municipality.
(3) Any and all of such bonds, notes or other obligations shall not be general obligations of the Mayor and City Council of Baltimore and shall not be a pledge of or involve the faith and credit or the taxing power of the Mayor and City Council of Baltimore and shall not constitute a debt of the Mayor and City Council of Baltimore, all within the meaning of Section 7 of Article XI of the Constitution of Maryland or within the meaning of any other constitutional, statutory or charter provision limiting or restricting the sale or issuance of bonds, notes or other obligations of said municipality.
The debt authorized by the provisions of this subparagraph (i), and the bonds, notes or other obligations issued and sold pursuant thereto and their transfer, and the principal and interest payable thereon (including any profit made in the sale thereof) shall be and remain exempt from any and all State, county and municipal taxation in the State of Maryland.
Any and all such bonds, notes or other obligations shall be issued by the Mayor and City Council of Baltimore pursuant to an ordinance of said municipality without the necessity of submitting the question of such issuance to the legal voters of Baltimore City for approval or disapproval. Any such ordinance may prescribe, among other things, but not limited to, the form, terms, provisions, manner or method of issuing and selling (including negotiated as well as competitive bid sale), and the time or times of issuance, and any and all other details of any such bonds, notes or other obligations, and the issuance and sale thereof, and may authorize and empower the Commissioners of Finance {Board of Finance} by resolution to determine and set forth any and all of the things hereinabove mentioned, and to do any and all things necessary, proper or expedient in connection with the issuance and sale of such notes, bonds, or other obligations authorized to be issued under the provisions of this subparagraph.
(Chs. 190 and 738, Acts of 1973.)
Baltimore City Charter, Article II, § (15A) Industrial and economic development.
§ (15A). Industrial and economic development.
(a) Property acquisition.
(1) Subject to paragraph (2) of this subsection, to acquire, within the boundary lines of Baltimore City, land and property of every kind, by purchase, gift, condemnation, or any other legal means for or in connection with the public purpose of the industrial growth of Baltimore City.
(2) Except as authorized by Section (15) of this article, property zoned and occupied exclusively for residential use may not be acquired by condemnation for industrial growth.
(b) Property disposition.
To sell, lease, convey, transfer or otherwise dispose of any of said land or property, irrespective of the manner or means in or by which it may have been acquired, to the United States of America or the State of Maryland, or any department or agency thereof, or to any private, public or quasi-public corporation, partnership, association, person or other legal entity, to be used for or in connection with the industrial and economic growth or expansion of Baltimore City: any lease or rental agreement entered into based upon, or pursuant to, the power and authority contained in this paragraph (15A) or entered into in connection with any of the purposes or objects contemplated by said paragraph is hereby declared to be exclusively for business purposes, and any lessee or tenant who is a party to any such lease or rental agreement, or any successor in interest or title, shall not have any right to redeem the rent, fee or charge reserved or to be paid by any such lessee or tenant, or any successor in interest or title, under the terms of any such lease or rental agreement, except to the extent and in the manner set forth in any such particular lease or rental agreement, if any such right is specifically and definitely granted therein.
(c) Required determinations; Approvals.
Before any land or property is acquired by the municipality as provided in subparagraph (a) hereof the Board of Estimates, in its sole and absolute discretion, shall first determine whether such land or property is needed for or in connection with the industrial and economic growth of the City of Baltimore as contemplated by this paragraph; and prior to the disposition of any such land or property by the City by sale, lease, or otherwise to any legal entity, the Board of Estimates, in its sole and absolute discretion, shall first determine that the land or property to be disposed of will be used for or in connection with industrial and economic development or expansion in Baltimore City as contemplated by this paragraph; and the terms and provisions of any and all agreements either for the acquisition or disposition of any such land or property shall be approved by the Board of Estimates.
(d) Grants and loans.
To petition for, and accept from, the United States of America, or the State of Maryland, or any department or agency thereof, or any other source, any loan, grant or aid of any character and, upon the sole approval of the Board of Estimates, make and execute any contract or other legal instrument with any of said parties, in connection with any and all of the purposes and objects mentioned in or contemplated by the provisions of this paragraph (15A).
(e) Administration.
To vest jurisdiction or authority to exercise or perform all or any part of the aforegoing powers, except those specifically reserved to or to be exercised by the Board of Estimates, in any suitable board, commission, department, bureau or other agency of the Mayor and City Council of Baltimore now in being or in any new board, commission, department, bureau or agency of the Mayor and City Council of Baltimore, which it is hereby empowered to create and establish for such purposes.
(Ch. 36, Acts of 2001; Ch. 354, Acts of 1988; Ch. 362, Acts of 1986; Ch. 648, Acts of 1981; Ch. 433, Acts of 1968.)
Baltimore City Charter, Article II, § (16) Libraries, art galleries, and museums.
§ (16). Libraries, art galleries, and museums.
To maintain and support the Enoch Pratt Free Library, or other free public libraries, art galleries and museums.
Baltimore City Charter, Article II, § (17) Licences.
§ (17). Licences.
To license, tax and regulate all businesses, trades, vocations or professions; to license, regulate, tax or suppress hawkers, peddlers, brokers, pawnbrokers, intelligence officers, street exhibitions or fortune-tellers.
Baltimore City Charter, Article II, § (18) Markets.
§ (18). Markets.
To erect, regulate, control and maintain markets; to regulate and control the sale of all articles therein; and to lease or otherwise dispose of stalls therein.
Baltimore City Charter, Article II, § (19) Municipal liens.
§ (19). Municipal liens.
(a) In general.
To establish a Bureau of Liens and to provide for the issuance of certificates stating what, if any, State and municipal taxes, charges and assessments exist against any particular property, all of which taxes, charges and assessments shall be liens against the property affected until paid, and to make a reasonable charge for furnishing each such certificate. No charge not shown on such certificate shall be a lien against the property mentioned therein. No statute of limitations shall run against charges listed on such certificate.
(b) Environmental citations.
Real property:
(1) may not be offered for sale in a Baltimore City tax sale solely for nonpayment of environmental citations issued under Article 1, Subtitle 40 of the Baltimore City Code if the total amount of unpaid environmental citations is less than $1,000; and
(2) may only be offered for sale in a Baltimore City tax sale solely for nonpayment of environmental citations issued under Article 1, Subtitle 40 of the Baltimore City Code after exhaustion of all administrative and judicial rights of appeal.
(Ch. 471, Acts of 2014; Ch. 502, Acts of 2005.)
Baltimore City Charter, Article II, § (20) Parking facilities.
§ (20). Parking facilities.
(a) Acquisition, development, etc.
Within the City of Baltimore to acquire, by purchase, lease, condemnation or any other legal means, land and property of any kind and establish, construct, erect, alter, expand, enlarge, improve, equip, repair, maintain, operate, control and regulate buildings, structures and other facilities thereon, thereunder or therein, or on, under or in any land or property that is now or hereafter may be owned or controlled by the Mayor and City Council of Baltimore, for storing, parking and servicing self-propelled vehicles, and establish and collect fees or charges for the use thereof; no petroleum products shall be sold or offered for sale at any entrance to, or exit from, any land so acquired or at any entrance to, or exit from, any structure erected thereon, when any entrance to, or exit from, any such land or structure faces a street or highway which is more than 25 feet wide from curb to curb; to vest jurisdiction or authority to exercise or perform any or all of the aforegoing powers in any suitable board, commission, department, bureau or other agency of the Mayor and City Council of Baltimore, and to create any such agency for such purposes.
(b) Property disposition.
To sell, lease, convey, transfer or otherwise dispose of any of said land or property regardless of whether or not it has been developed, redeveloped, altered or improved, and irrespective of the manner or means in or by which it may have been acquired, to any private, public or quasi-public corporation, partnership, association, person or other legal entity.
(c) Revenue bond financing.
In addition to the powers granted and exercised under this article, the Mayor and City Council of Baltimore may, by ordinance, borrow money to finance the establishment, construction, erection, alteration, expansion, enlarging, improving, equipping, repairing, maintaining, operating, controlling, and regulating of off-street parking facilities owned by the Mayor and City Council of Baltimore, and evidence such borrowing by the issuance of revenue bonds, notes or other obligations to be secured by a pledge of the revenues derived from such facilities, and may further pledge revenues collected from parking taxes, parking fees or charges, parking fines or any other revenue derived from the parking of motor vehicles in the City of Baltimore to or for the payment of such revenue bonds, notes or other obligations; and for such purposes the Commissioners of Finance {Board of Finance} are empowered to maintain a fund consisting of the revenue pledged herein.
The bonds, notes or other obligations issued hereunder and the pledge of revenues, taxes, fees, charges or fines provided for herein shall not constitute a general obligation of nor a pledge of the faith and credit or taxing power of the Mayor and City Council of Baltimore and shall not constitute a debt of the Mayor and City Council of Baltimore within the meaning of Section 7 of Article XI of the Constitution of Maryland.
The ordinance may prescribe the form and terms of the bonds, notes or other obligations, the time and manner of public or private sale thereof, and the method and terms of payment therefor, and may authorize the Commissioners of Finance {Board of Finance} by resolution to determine any matters hereinabove recited and to do any and all things necessary or appropriate in connection with the issuance and sale thereof.
(Ch. 216, Acts of 1976.)
Baltimore City Charter, Article II, § (21) Parks, recreational facilities, etc.
§ (21). Parks, recreational facilities, etc.
To establish, maintain, control and regulate parks, squares, monuments and recreation facilities.
Baltimore City Charter, Article II, § (22) Park tax.
§ (22). Park tax.
To reduce, from time to time, by ordinance, the tax on gross receipts of passenger street railway companies imposed under the provisions of Chapter 229 of the Acts of the General Assembly of 1882, provided that no reduction shall impair the right of the City to collect so much of said tax as may be necessary to meet its obligations under the provisions of Chapter 338 of the Acts of the General Assembly of 1904 and Ordinance No. 228 of the City, approved March 20, 1905.
Baltimore City Charter, Article II, § (23) Peddlers.
§ (23). Peddlers.
The Mayor may grant permits, upon the payment of the sum of seven dollars to the City, to such number of poor persons as to him may seem proper, to peddle within the limits of the City, notions, and small wares without a license; provided, that the stock in trade of such peddler shall not exceed twenty-five dollars in value, and the said Mayor at any time may revoke any such permit.
Baltimore City Charter, Article II, § (24) Pensions.
§ (24). Pensions.
(a) In general.
To establish and maintain a general system of pensions and retirement benefits for the officers and employees of the City, the Police Department of Baltimore City, the Enoch Pratt Free Library, the Walters Art Gallery, the Baltimore Museum of Art, the Municipal Museum of Baltimore City, and the officers and employees, by whatever authority appointed, whose compensation is paid by the City; to fix the terms of and restrictions on admission to such system and the classifications therein; to provide for the separate maintenance, or inclusion in such general pension system, of any existing pension system (with the consent of a majority of its participants) for officers and employees, by whatever authority appointed, whose compensation is paid by the City; to provide that persons eligible for admission in such general pension system shall not be eligible, except as hereinafter provided, for admission to any other pension system, the revenues of which are derived wholly or in part from appropriations made by the City, from license fees or from fines and forfeitures imposed under laws or ordinances in force in Baltimore City; to provide, in connection with such general pension system, a system of benefits payable to the beneficiaries and dependents of any participant in such general pension system after the death of such participant (whether accidental or otherwise and/or whether occurring in the actual performance of duty or otherwise), subject to such exceptions, conditions, restrictions and classifications as may be provided by ordinance; provided, however,
(1) that upon the adoption of an ordinance providing for their participation in the general pension system, officers and employees of said Police Department who do not elect to participate in such general pension system shall be entitled to pensions, benefits or allowances for themselves, their widows or dependents, under laws or ordinances in force immediately prior to the adoption of such ordinance; and
(2) that nothing in this subsection shall operate or be construed to diminish in any way the rights of any members of the Fire Department who are not participants in the presently existing general pension system of the City, their widows or dependents, to pensions, benefits or allowances provided for by laws or ordinances in force as of January 1, 1926.
(a-l) Elected officials.
To establish and maintain a separate system of pension and retirement benefits for elected officials of Baltimore City; to fix the terms of and restrictions on admission to that system and the classifications therein; to provide that persons eligible for admission in that pension system shall not be eligible to receive credit for the same years of service for which they received credit in any other pension system supported wholly or in part by the City of Baltimore or State of Maryland; to provide for the optional transfer to that pension system of any elected official who is eligible to join it, from any other system of pensions and retirement benefits operated and maintained by the Mayor and City Council of Baltimore; to provide in connection with that pension system, benefits payable to the beneficiaries and dependents of any participant in that pension system after the death of that participant (whether accidental or otherwise and whether occurring in the actual performance of duty or otherwise), subject to any exceptions, restrictions aud classifications that may be provided by ordinance; provided, however, that upon the adoption of an ordinance providing for their participation in that pension system, eligible elected officials who do not elect to participate in that pension system, shall be entitled to the pensions, retirement benefits and other benefits or allowances, for themselves, their widows and dependents, under the laws or ordinances in force immediately prior to the adoption of that ordinance.
(b) New system.
To establish and maintain a new system of pensions and retirement benefits applicable to all future entrants into the service of the City of Baltimore, whose entrance therein occurs after the establishment of such new system; to provide the conditions under which employees in service at the time of the establishment of such new system who desire to be covered by the provisions of the Federal Social Security Act and who are not specifically excluded therefrom may elect to enter such new system, such conditions to include appropriate limitations on the period during which members of the existing system may transfer to such new system; to provide for the transfer to such new system of the reserves held in the existing system on account of members who so transfer; provided, however, that the benefits of any member of the existing system shall not be changed by reason of his coverage under Social Security without his consent; and provided further that except as this paragraph specifically provides otherwise, and except where inconsistent herewith, the provisions of paragraph (a) of this subsection (24) concerning the existing system shall apply to such new system.
(c) Savings clause.
Until amended by ordinance, the presently existing pension systems of the City shall remain in force.
(Ch. 702, Acts of 1982.)
Baltimore City Charter, Article II, § (25) Pensions for school cafeteria employees.
§ (25). Pensions for school cafeteria employees.
To grant to any and all persons regularly employed in, or associated with, any cafeteria system or department operated in connection with the public school system of the Mayor and City Council of Baltimore, such of the benefits and advantages of the Employees’ Retirement System of the City of Baltimore, established by Ordinance No. 553, approved February 1, 1926, and amendments thereto, as the Mayor and City Council of Baltimore may by ordinance provide, except that the Retirement System shall not be liable for the payment of any pensions or other benefits on account of said persons, for which reserves have not been previously created from funds contributed specifically for such benefits by the City or said persons.
Provided, that any ordinance passed under authority of this paragraph may provide that every such person shall be entitled to credit for all service rendered prior to January 1, 1926, and for one half of all service rendered between January 1, 1926, and the date of admission to the said Employees’ Retirement System; provided, further, that any ordinance passed under authority hereof shall provide that any such person who shall become employed in, or associated with, any such cafeteria system or department after the passage of said ordinance shall, before becoming a member of the said Employees’ Retirement System of the City of Baltimore, first submit to a medical examination similar to that required for employees in the Classified Service of the City of Baltimore.
Baltimore City Charter, Article II, § (26) Pensions for police and fire employees.
§ (26). Pensions for police and fire employees.
To establish and maintain a separate system of pensions and retirement benefits for such officers and employees of the Department of Aviation, of the Police Department and of the Fire Department of Baltimore City as may be designated or described by ordinance of the Mayor and City Council of Baltimore; to fix the terms of and restrictions on admission to such system and the classifications therein; to provide that persons eligible for admission in such pension system shall not be eligible except as hereinafter provided for admission to any other pension system, the revenues of which are derived wholly or in part from appropriations made by the City, from license fees or from fines and forfeitures imposed under the laws or ordinances in force in Baltimore City; to provide for the optional transfer to such pension system of any officer or employee of either the Department of Aviation, the Police Department or the Fire Department of Baltimore City who is eligible to join such separate pension system, from any other system of pensions and retirement benefits operated and maintained by the Mayor and City Council of Baltimore; to provide in connection with such pension system, a system of benefits payable to the beneficiaries and dependents of any participant in such pension system after the death of such participant (whether accidental or otherwise and/or whether occurring in the actual performance of duty or otherwise), subject to such exceptions, conditions, restrictions and classifications as may be provided by ordinance; provided, however,
(1) that upon the adoption of an ordinance providing for their participation in such pension system, eligible officers and employees of the Department of Aviation, of the Police Department and of the Fire Department who do not elect to participate in such pension system, shall be entitled to the pensions, retirement benefits, other benefits or allowances for themselves, their widows or dependents, under the laws or ordinances in force immediately prior to the adoption of such ordinance;
(2) nothing in this subsection shall operate or be construed to diminish in any way the rights of any eligible members of the Police Department or of the Fire Department who are not participants in the presently existing general pension system of the City of Baltimore, their widows or dependents, to pensions, retirement benefits, other benefits or allowances provided for by laws or ordinances in force as of January 1, 1926.
Until amended by ordinance, the presently existing pension and retirement systems of the City shall remain in force. The provisions of this subsection shall be deemed to be in addition to and not in substitution of any other powers or authorizations now conferred upon the Mayor and City Council of Baltimore.
Baltimore City Charter, Article II, § (27) Police power.
§ (27). Police power.
To have and exercise within the limits of Baltimore City all the power commonly known as the Police Power to the same extent as the State has or could exercise that power within the limits of Baltimore City.
(Laws of Md., ch. 947; Chs. 39 and 40, Acts of 2009.)
Baltimore City Charter, Article II, § (28) Port development.
§ (28). Port development.
(a) Property acquisition.
To acquire land and property of every kind, and any right, interest, franchise, easement or privilege therein, including land or property and any right or interest therein already devoted to any public use, in, adjoining or in the vicinity of the Patapsco River or its tributaries, by purchase, lease, gift, condemnation, or any other legal means, for or in connection with extending, developing or improving the harbor or Port of Baltimore and its facilities and the highways and approaches thereto; provided, however, that any land or property owned by the State of Maryland shall not be acquired by the Mayor and City Council of Baltimore without the prior consent of the State; and providing further that the Mayor and City Council of Baltimore shall not acquire any such land or property or any such right, interest, franchise, easement or privilege therein, for any of said purposes, in Anne Arundel County without prior consent and approval by resolution duly passed after a public hearing, by the Board of County Commissioners of Anne Arundel County; and provided, further, that Anne Arundel County shall retain jurisdiction and power to tax any land so acquired by the Mayor and City Council of Baltimore under the provisions hereof;
(b) Development.
To establish, develop, redevelop, construct, erect, enlarge, extend, alter, improve, renovate, modernize, equip, repair, maintain, operate, control and regulate piers, docks, wharves, warehouses, sheds, transit sheds, buildings, structures and other facilities or appurtenances necessary or useful in connection with the operation of a modern port, on, above, under or in any land or property now or which hereafter may be owned or otherwise held or controlled by the Mayor and City Council of Baltimore or by any private, public or quasi-public corporation, partnership, association, person or other legal entity;
(c) Charges.
To establish and collect fees, rentals or charges for the use of any of the aforesaid buildings, structures or other facilities or appurtenances owned or otherwise held or controlled by the Mayor and City Council of Baltimore;
(d) Property disposition.
To sell, lease, convey, transfer or otherwise dispose of any of said land or property, regardless of whether or not it is undeveloped or has been developed, redeveloped, altered, or improved and irrespective of the manner or means in or by which it may have been acquired, to the United States of America, or the State of Maryland or any political subdivision thereof, or any department or agency of any of them, or to any private, public or quasi-public corporation, partnership, association, person or other legal entity, for or in connection with extending, developing or improving the harbor or Port of Baltimore and its facilities and the highways and approaches thereto; any lease or rental agreement entered into based upon or pursuant to, the power and authority contained in this subsection (28) or entered into in connection with any of the purposes or objects contemplated by said subsection is hereby declared to be exclusively for business or commercial purposes, and any lessee or tenant who is a party to any such lease or rental agreement, or any successor in interest or title, shall not have any right to redeem the rent, fee or charge reserved or to be paid by any such lessee or tenant, or any successor in interest or title, under the terms of any such lease or rental agreement, except to the extent and in the manner set forth in any such particular lease or rental agreement, if any such right is specifically and definitely granted therein;
(e) Preservation for public use.
To preserve for the United States of America, the State of Maryland or any political subdivision thereof, including the Mayor and City Council of Baltimore, or any departments or agencies of any of them, any of said land or property, or any rights or interests therein, for public use, irrespective of the manner or means in or by which it may have been acquired;
(f) Grants and loans.
To petition for, and accept from, the United States of America, or the State of Maryland, or any departments or agencies thereof, or any other source, any loan, grant or aid of any character and, upon the sole approval of the Board of Estimates of the Mayor and City Council of Baltimore, make and execute any contract or other legal instrument, with any of said parties, in connection with any and all of the purposes and objects contemplated by the provisions of this subsection (28);
(g) Contract restrictions.
To insert appropriate provisions in any legal instrument pertaining to the sale, lease, conveyance, transfer or other disposition of any of said land or property to any legal entity for any of the purposes and objects contemplated by this subsection (28) to safeguard and protect the rights and interests of the Mayor and City Council of Baltimore and all covenants, provisions and restrictions contained in any such legal instrument shall be binding on any subsequent purchaser, lessee, transferee or any other successor in interest;
(h) Administration.
To vest jurisdiction or authority to exercise or perform all or any part of the aforegoing powers, except the power to condemn land and property or any right, interest, franchise, easement or privilege therein, in any suitable board, commission, department, bureau or other agency of the Mayor and City Council of Baltimore now in being, or in any new board, commission, department, bureau or agency of the Mayor and City Council of Baltimore; and said municipality is hereby empowered to create and establish such new board, commission, department, bureau or agency of the Mayor and City Council of Baltimore for such purposes;
(i) Conflicts of interest.
No officer, official, member or employee of any agency of the Mayor and City Council of Baltimore, which is vested with any power or authority to be exercised under the provisions of this subsection (28), shall be or become financially interested in any way in any land or property which may be acquired under any of the provisions of this subsection (28); and
(j) Howard County excluded.
The power and authority herein conferred upon the Mayor and City Council of Baltimore shall not be exercised or construed to apply in any respect within the territorial limits of Howard County.
Baltimore City Charter, Article II, § (29) Railroads.
§ (29). Railroads.
To control and regulate the use of streets by street railways and railroads.
Baltimore City Charter, Article II, § (30) Schools.
§ (30). Schools.
Subject to the applicable provisions of the Education Article of the Annotated Code of Maryland, to establish and maintain a system of free public schools.
(Ch. 105, Acts of 1997.)
Baltimore City Charter, Article II, § (31) Sewers.
§ (31). Sewers.
To establish, maintain, operate and control sewers, drains and sewage disposal facilities and to make charges for the use of said sewers, drains and sewage disposal facilities; to make any and all costs and expenses incurred in or about the regulation, making or repairing of private sewers or drains a lien upon the interests of the owners in the real and leasehold property served by said sewers or drains, and to provide for the enforcement of such liens by sale of the property, whether real or leasehold.
No charge shall be made by any municipal officer or agency for inspecting any work in the public streets, lanes or alleys done in connection with private sewers or drains.
Baltimore City Charter, Article II, § (32) Storm water courses and flood areas.
§ (32). Storm water courses and flood areas.
(a) Management and control.
To formulate and adopt a plan or plans to control and regulate within Baltimore City such open natural streams, storm and surface water drains, runs and natural storm and surface water drainage courses, public or private, as in its judgment is desirable, and for this purpose to change the course, lines, depth and boundaries of said water courses, in whole or in part; to compel any person or corporation owning property binding on said water courses within Baltimore City to wall up or by other methods to stabilize and maintain such other property insofar as the same may bind the said water courses with a good and sufficient wall, or by other stabilizing methods and to such height as in its judgment the public good may require, so as to secure the same and adjacent property in a reasonable manner from the danger of being inundated with water and to secure the property abutting said water courses from interfering with the flow of drainage water in said water courses; to compel the owner or owners of the land abutting on said water courses to maintain, rebuild and repair any wall or other stabilizing structure, including the banks binding on said water courses, within the limits of Baltimore City, and upon neglect or refusal so to do, the City may cause the same to be done, in which event the City of Baltimore is authorized and empowered to recover the costs thereof by suit at law, which costs shall be a lien on the property of the person or corporation abutting the water course on which said work is done.
(b) Use regulation.
To establish and regulate within Baltimore City the uses of any area or areas of land and future construction thereon adjacent to, abutting on or in proximity to said water courses which are, in its judgment, due to the grade and elevation in relation to the beds of said water courses susceptible to flooding and to control and regulate the use, maintenance, and development, including the grading and filling and future construction within said area.
(c) Scope of authority.
The powers herein granted to the Mayor and City Council of Baltimore shall also apply to said natural water courses that may have been heretofore or may hereafter be relocated, straightened or established within the City of Baltimore.
Baltimore City Charter, Article II, § (33) Stocks, loans, and finance.
§ (33). Stocks, loans, and finance.
(a) Issuance of stocks, bonds, etc.
To issue stocks, bonds or certificates of indebtedness, and to involve its credit as provided by Section 7, Article XI of the Constitution of Maryland; to levy upon the assessable property within the City, and collect, by tax, any sum which may be necessary to pay and discharge the principal and interest of any loan which heretofore have been, or which may hereafter be, obtained by the City according to law.
(b) Sinking fund.
To create a sinking fund to meet the liability thus incurred, and to levy upon the assessable property in the City, from time to time, such sums as may be necessary to provide therefor. The City may invest moneys belonging to the sinking fund in annuities or ground rents reserved out of lands leased to the City and payable by the City; and the conveyance thereof may be made to the City, in trust for the benefit and purpose of such sinking fund; in every such case, such conveyance shall not work as a merger of the lease or term, but the rent shall continue to be payable to the City as if such purchase had not been made and shall be received and applied as the income of other investments of the sinking fund may be applied.
(c) Emergency loans.
The making of any emergency loan provided for by the Constitution shall be authorized by an ordinance declaring the existence of such an emergency, the amount required to meet the same and the form and character of the loan and the terms of the securities issued by the City therefor; such ordinance shall also provide for the discharge thereof within the period of 40 years from the time of contracting the same.
(d) Temporary loans.
Any temporary loan provided for by the Constitution shall be authorized by an ordinance for the conversion, discharge or payment thereof, or of any part thereof remaining unpaid or unprovided for, at the close of each fiscal year, by the issuance of certificates of indebtedness in such amount as may be necessary to convert, discharge or pay any such temporary indebtedness unpaid or unprovided for prior to the passage of the annual Ordinance of Estimates for the next succeeding year.
(e) Approvals not required.
Indebtedness, emergency or temporary, may be created without the previous authority of the General Assembly of Maryland or submission to or approval by the voters of Baltimore City.
(f) Reduced interest.
To provide in any ordinance submitting to the voters of Baltimore City for their approval any loan authorized by the General Assembly of Maryland that the bonds, stocks or certificates of indebtedness of the City to be issued in respect to such loan may, when actually issued, provide for a rate of interest per annum less than that which may have been stated in such ordinance.
Baltimore City Charter, Article II, § (34) Streets, bridges, and tunnels.
§ (34). Streets, bridges, and tunnels.
(a) In general.
To construct, open, extend, widen, straighten or close streets, bridges, tunnels or approaches to them and other public ways of every kind within the bounds of the City; to assess and collect benefits and to award and pay damages resulting therefrom; and to assess and collect tolls on any bridge, tunnel or approach thereto to finance the construction, maintenance and operation of any such facilities constructed as part of the interstate system of highways pursuant to Title 23 of the United States Code, and to pledge any toll revenues, less the actual cost of the maintenance and operation of such facilities, pursuant to subsection (50) of Article II of this Charter, in connection with any bonds, notes or other obligations issued to finance the cost of construction of any such bridge, tunnel, or approach thereto; provided that vehicles owned by the State and Baltimore City are exempt from the payment of any such toll;
(b) Grading, paving, etc.
To establish grade lines and to grade, pave and curb streets and public ways of every kind;
(c) Assessing costs.
To provide for grading, paving and curbing of streets and public ways at the cost of the owners of properties binding thereon;
(d) Regulating use.
To regulate the use of streets and public ways by persons, animals and vehicles; to prohibit the use of such streets and public ways by any or all motor vehicles under such circumstances or upon such conditions as it may, from time to time, by ordinance, deem necessary or expedient in the interest of the public.
Except as permitted in subsection (a) of this section, any such regulations shall not involve any charge of any kind for the use of such street or public way, other than reasonable charges for parking within areas set aside exclusively for that purpose;
(e) Surface openings.
To regulate the opening of street surface for the purposes authorized by law or ordinance;
(f) Naming and numbering.
To regulate the numbering or designation of buildings, lots or parcels of land and the naming of streets and public ways and places;
(g) Poles, wires, and conduits.
To regulate the use of streets and public ways for poles, wires and conduits and to construct and maintain poles, wires and conduits for use by the City or by others upon terms fixed by the City;
(h) Cleaning and lighting.
To provide for the cleaning and lighting of streets and public ways and places;
(i) Trees.
To provide for and regulate the planting, maintenance and removal of trees on streets and public ways and places;
(j) Development plans.
To provide for the making and enforcement of plans for the development of areas and properties within the City.
(Ch. 497, Acts of 1977.)
Baltimore City Charter, Article II, § (34A) Parking at intersections.
§ (34A). Parking at intersections.
To regulate the distance from a crosswalk at an intersection in Baltimore City within which a person may not stand or park a vehicle.
(Ch. 507, Acts of 2006.)
Baltimore City Charter, Article II, § (35) Streets, lanes, alleys, etc.
§ (35). Streets, lanes, alleys, etc.
(a) Construction and installation.
To regulate the construction and installation of public streets, lanes and alleys, and private streets, lanes and alleys used or intended to be used by the public;
(b) Lines and grades.
To ascertain, fix, establish and mark on the ground, from time to time, the lines and grades of any or all such public or private streets, lanes and alleys, or any part or parts thereof, and to require conformity thereto;
(c) Utilities and other facilities.
To regulate the construction and installation of utilities and other facilities in, under or over any or all such public or private streets, lanes and alleys;
(d) Preventing encroachments and obstructions.
To prevent encroachment on, or obstruction of, any of such public or private streets, lanes or alleys, or any public places;
(e) Gated alleys – Authorized.
To close or gate an alley that is no longer needed for through pedestrian or vehicular traffic, in order to promote the public health, safety, or welfare; and
(f) Gated alleys – Leasing.
To lease a closed or gated alley to an entity that consists of property owners whose lots abut the alley; and
(g) Towing vehicles that block access to driveways, etc..
To tow vehicles blocking access to driveways, alleys, transit lanes, or parking facilities.
(Chs. 584 & 585, Acts of 2022, effective Oct.1, 2022; Ch. 423, Acts of 2004.)
Baltimore City Charter, Article II, § (35A) Cable television franchises.
§ (35A). Cable television franchises.
To grant one or more exclusive or nonexclusive franchises for a community antenna system or other cable television system that utilizes any public right of way, highway, street, road, lane, alley, or bridge, to impose franchise fees, and to establish rates, rules, and regulations for franchises granted under this section.
(Ch. 562, Acts of 1982.)
Baltimore City Charter, Article II, § (36) Public or private alley.
§ (36). Public or private alley.
To do or have done any or all of the following work in, adjacent to, in connection with, or in the vicinity of, any public or private alley located in Baltimore City, at any time or times and from time to time, to promote the public health, safety and convenience:
(a) grade, regrade, repair, pave or repave any such alleys;
(b) construct, reconstruct, install, alter or repair any and all necessary drains, drainage facilities and appurtenances; and
(c) construct, reconstruct, install, alter, repair, remove or relocate any guard rail, guard fence, wall embankment, support, hedge, driveway, apron or approach in or immediately adjacent to any such alley.
Said municipality is authorized to determine the costs of said work and to assess such costs, in whole or in part, upon the owner of, or upon the interests of any and all owners of, property binding or abutting on any such alley, or upon the owner of, or upon the interests of any and all owners of, property in the vicinity of any such alley who are benefited by any or all of the work done, and all such assessments shall be liens on the properties involved until paid. Such assessments may be collected as taxes or special assessments are now collected by said City.
Such assessments shall be made upon such basis as may be determined by the City and the City is hereby empowered to classify the work mentioned in subparagraphs (a), (b), and (c) above, the owners of such abutting or benefited properties and the assessments against them, and to exempt any class or classes of properties or property owners from such assessments, in whole or in part.
Notice shall be given and all interested parties shall be afforded an opportunity to be heard in connection with the necessity for doing any work not actually in the bed of, or immediately adjacent to, or in the vicinity of, any such alley, and notice shall be given in connection with the liability of all interested parties to pay the whole or any part of the costs of doing any or all the work mentioned in subparagraphs (a), (b) or (c) above, and such parties shall have the right to appeal to any duly constituted authority or court having jurisdiction in connection with any and all questions pertaining to the rights or liabilities of any such parties.
The City is authorized, by ordinance, to do any and all things necessary or proper in connection with, and to put into effect, any and all of the matters and things mentioned hereinabove.
Baltimore City Charter, Article II, § (37) Sundays.
§ (37). Sundays.
To prohibit, or permit and regulate, from time to time by ordinance, amusements, entertainments or games to be held, shown or played for recreation or profit within Baltimore City on Sunday; provided that no ordinance passed in the exercise of this power shall become effective until it has been submitted to and approved by the voters of Baltimore City at such general, municipal or special election as may be provided in such ordinance. At any such election the general election laws of the State are applicable and the City is authorized to make use of the facilities and equipment of the Board of Supervisors of Election of Baltimore City.
Article 27 of the Annotated Code of Maryland (1957 Edition), title “Crimes and Punishments”, subtitle “Sabbath Breaking”, does not apply to Baltimore City except for §§ 534L, 534L-1 and 534L-2.
(Ch. 864, Acts of 1980.)
Baltimore City Charter, Article II, § (38) Surveyor.
§ (38). Surveyor.
To prescribe the duties and compensation of the City Surveyor; provided, however, that if at any time the election of such officer shall no longer be required by the Constitution of Maryland, said office may be abolished by ordinance.
Baltimore City Charter, Article II, § (39) Property taxes.
§ (39). Property taxes.
(a) In general.
To assess for tax purposes, levy annually and collect taxes upon every description of property found within the corporate limits of the City which the City is authorized by law to levy tax upon for the purpose of defraying the expenses of the municipal government, whether the owners thereof reside within or without the limits of the City.
(b) Administration.
To create such department, bureau or other agency as it may deem appropriate to make all such assessments, and to confer upon the Board of Municipal and Zoning Appeals, or other similar body, appellate jurisdiction from and over such assessing agency to the same extent that the State Tax Commission now has over the Board of Municipal and Zoning Appeals, reserving, however, to the State Tax Commission appellate jurisdiction over the Board of Municipal and Zoning Appeals, or other similar body, as now or hereafter provided by law; to have power to provide by ordinance or otherwise for the prompt collection of taxes due the City, and to have power to sell real estate, as well as personal property, for the payment of taxes; provided, that no authority is given by this subsection (39) to impose taxes on any property which is now or may hereafter be exempted from taxation by any general or special act of the General Assembly of Maryland, nor upon any property which may be stored or deposited in the City for temporary purposes.
(c) Exemptions.
To provide by general ordinance, whenever it shall seem expedient for the encouragement of the growth and development of manufacturing industry in the said City, for the exemption, from any or all taxes levied by authority of the said Mayor and City Council of Baltimore, of any or all tools (including mechanical tools), implements, whether worked by hand, steam or other motive power, machinery, manufacturing apparatus or engines used in manufacturing, whether temporarily idle or not, raw materials on hand and manufactured products in the hands of the manufacturer, and any or all other personal property actually employed or used in the business of manufacturing in the said City.
Any such exemption from taxes shall apply to all persons, firms and corporations engaged in the branches of manufacturing industry proposed to be benefited by any ordinance passed under the provisions of this paragraph.
Laundry machinery, when employed or used in the business of laundering, shall be classed as used in the business of manufacturing within the purposes of this paragraph.
Baltimore City Charter, Article II, § (40) Additional taxing powers.
§ (40). Additional taxing powers.
(a) In general.
To have and exercise, within the limits of Baltimore City, in addition to any and all taxing powers heretofore granted by the General Assembly of Maryland to the Mayor and City Council of Baltimore, the power to tax to the same extent as the State of Maryland has or could exercise said power within the limits of Baltimore City as a part of its general taxing power; and to provide by ordinance for the imposition, assessment, levy and collection of any tax or taxes authorized by this subsection; and from time to time to grant exemptions and to modify or repeal existing or future exemptions, provided, however, that any tax on distilled spirits shall not exceed $.50 per wine gallon of 100 proof or less and any tax on alcoholic beverages imposed under the authority of this section shall expire as of December 31, 1955, but nothing in this section shall be construed to prevent the collection of taxes imposed on alcoholic beverages after said date if said taxes are due and payable on or before December 31, 1955.
(b) Limitations.
The Mayor and City Council of Baltimore shall not have the power to impose any tax upon intangible personal property or upon the subject matter of
Sections 242 to 261 of Article 56 of the Code of Public General Laws of Maryland (gasoline tax);
Section 74 of Article 66½ (motor vehicle registration);
Section 25A of Article 66½ (titling tax);
Sections 293 and 294 of Article 56 and Section 218 of Article 81 (motor vehicle taxation);
Section 7(32) of Article 81 (Class A and Class D Motor Vehicles);
Sections 222 to 258 of Article 81 (tax on incomes);
Article 78B (horse racing and pari-mutuel betting);
Sections 141 and 143 of Article 81 (bonus tax);
Sections 144 to 147 of Article 81 (tax on franchise to be a corporation);
Section 5 of Article 23 (recording corporate papers);
Section 94 of Article 81 (deposits of savings banks);
Sections 101 to 103F of Article 81 (insurance premiums);
Sections 109 to 140 of Article 81 (inheritances);
Article 62A (estate tax); or
Section 104 of Article 81 (tax on commissions of executors and administrators);
but the limitations herein shall not apply to any tax levied or imposed upon the gross receipts of any person, association or corporation other than the gross receipts of corporations taxed under Section 95 of Article 81 of the Code, savings banks, insurance companies, safe deposit and trust companies, and the gross receipts of a person, association or corporation conducting race meetings; provided, however, that Baltimore City, in taxing the receipts from motor vehicles operations, may only tax receipts from operations of motor vehicles having a permit or permits from the Public Service Commission of Maryland authorizing both the taking on and discharging of passengers at more than one point within Baltimore City and/or the transportation of passengers between two or more points within said City.
(c) Existing powers unimpaired.
Subject to the limitations herein provided, the powers herein granted to the Mayor and City Council of Baltimore shall be in addition to any powers which it now has and nothing herein shall be construed in any way to impair or diminish the powers now possessed by the Mayor and City Council of Baltimore; and the collection of any tax or taxes heretofore imposed under the authority of Chapter 1 of the Acts of the Extraordinary Session of 1945 or Chapter 1 of the Acts of the Extraordinary Session of 1947, shall not be affected hereby.
(d) Section prevails over inconsistent provisions.
The restrictions contained in Section 1 of Article 66½ , Section 218 of Article 81 and Sections 8A, 293 and 294 of Article 56 of the Annotated Code of Maryland, shall not restrain or limit the exercise by the Mayor and City Council of Baltimore of the powers herein granted to tax gross receipts, and to the extent of any inconsistency in said sections and this subsection (40), the provisions of this subsection (40) shall prevail; and all other laws, or parts of laws, inconsistent with the provisions of this subsection (40) be and they are hereby repealed to the extent of any such inconsistency.
(e) Hotel room tax – Portion dedicated for tourism promotion.
(1) For each fiscal year beginning on or after July 1, 1997 but before July 1, 2022, the Mayor and City Council shall appropriate from its General Fund to Visit Baltimore for the marketing and operation of the Convention Center and tourism promotion an amount equal to at least 40% of the proceeds of any hotel room tax imposed.
(2) If the appropriation made for any fiscal year pursuant to paragraph (1) of this subsection is less than the amount required when compared to actual receipts for the completed fiscal year, the difference shall be added to the appropriation to be made for the second succeeding fiscal year. If the appropriation made for any fiscal year pursuant to paragraph (1) of this subsection is more than the amount required when compared to actual receipts for the completed fiscal year, the difference may be deleted from the appropriation to be made for the second succeeding fiscal year.
(f) Hotel room tax – Exemption for certain lodging at corporate facilities.
A hotel room tax authorized under this section does not apply to the sale of a right to occupy a room or lodgings as a transient guest at a dormitory or other lodging facility that:
(1) is operated solely in support of the headquarters, a training facility, a conference facility, an awards facility, or the campus of a corporation or other organization;
(2) provides lodging solely for employees, contractors, vendors, and other invitees of the corporation that owns the dormitory or lodging facility; and
(3) does not offer lodging services to the general public.
(Ch. 597, Acts of 2017; Ch. 510, Acts of 2013; Ch. 197, Acts of 2012; Ch. 151, Acts of 2007; Ch. 387, Acts of 2001; Chs. 611 and 612, Acts of 1997; Ch. 665, Acts of 1996.)
Baltimore City Charter, Article II, § (41) Theatrical and public amusements.
§ (41). Theatrical and public amusements.
To license, regulate and restrain theatrical and other public amusements.
Baltimore City Charter, Article II, § (42) Traffic.
§ (42). Traffic.
(a) Traffic Commission.
To create a Traffic Commission and prescribe its powers and duties, including the right to transfer to said Commission the powers and duties now exercised and performed by the Traffic Bureau of the Police Department of the City.
(b) Personnel transfer.
To provide by ordinance for the transfer of the personnel, including the Traffic Engineer of the Traffic Bureau of the Police Department, but such transfer shall not operate to deprive the employees so transferred of any rights they may have in the Special Fund or Special Fund for Widows of the Police Department. Any employee so transferred may, however, elect to become a member of the Employees’ Retirement System of Baltimore City, under such rules and regulations as the Trustees of said Employees’ Retirement System shall provide, including the right of withdrawal of his contributions to either or both of said Special Police Funds and depositing the same with the Employees’ Retirement System; and any employee so electing to become a member of the Employees’ Retirement System shall thereafter have no further rights in said Special Police Funds. Any employee so transferred who elects not to become a member of the Employees’ Retirement System shall be entitled to pensions, benefits or allowances for himself, his widow or dependents under the laws or ordinances in force immediately before the adoption of such ordinance.
(c) Classification of positions.
The ordinance providing for said transfer shall contain a provision authorizing and directing the Civil Service Commission to classify all positions so transferred and all persons so transferred shall be included in the new classifications of their respective positions without examination and without any reduction in pay.
(d) Transferred members of Special Funds.
Employees of the present Department of Transit and Traffic who were transferred from the Traffic Bureau of the Police Department in 1951, and who are members of either the Special Fund or Special Fund for Widows of the Police Department, shall continue to be assessed 2% for each fund, based on their current salaries, which will include pay increases and changes in classification subsequent to their transfer in 1951, and shall be pensioned in accordance with the scale observed by the Police Department for members of the two special funds.
When future general pay increases are granted and salaries of members of the Police Department and pensioned employees are raised in proportion, all employees of the Department of Transit and Traffic who were members of the special funds and who are pensioned under their provisions, shall be granted raises in their pension payments in the same proportion as those pensioned from the Police Department.
Baltimore City Charter, Article II, § (43) Vehicles.
§ (43). Vehicles.
To license and regulate all vehicles, other than motor vehicles owned or used for business or pleasure or kept for hire in the City; and to license and regulate the employment of all hackmen, draymen, wagoners, carters, porters and watermen, plying for hire within the limits of the City.
Baltimore City Charter, Article II, § (44) Veterans.
§ (44). Veterans.
To provide by ordinance for such additional credits to honorably discharged war veterans, as may be recommended to the Mayor and City Council of Baltimore by the Civil Service Commission of Baltimore City, as being just and appropriate to the several positions in the Classified Civil Service, in determining the relative standing of persons upon eligible lists for such positions.
Baltimore City Charter, Article II, § (45) Water.
§ (45). Water.
To establish, operate, maintain, regulate and control a system of water supply and to make charges for the consumption or use of such water; to appoint watchmen or police officers for the protection of its water supply within or without the City limits.
To turn off and discontinue the supply of water furnished by the Mayor and City Council of Baltimore to any person or property located in or outside of the City of Baltimore because of the nonpayment of any fee or charge for water supplied or for work done in connection with the furnishing of such water until such unpaid fee or charge is fully paid; and to regulate, in or outside of the City of Baltimore, the installation of water supply service connections from the Baltimore City water supply system in such manner as to prevent the existence of cross connections between such source of supply and any private system of water supply that may exist within the premises served.
Baltimore City Charter, Article II, § (46) Weights and measures.
§ (46). Weights and measures.
To fix the standard of weights and measures in conformity with the standard in the rest of the State and to enforce the same by inspection.
Baltimore City Charter, Article II, § (47) General welfare.
§ (47). General welfare.
To pass any ordinance, not inconsistent with the provisions of this Charter or the laws of the State, which it may deem proper in the exercise of any of the powers, either express or implied, enumerated in this Charter, as well as any ordinance as it may deem proper in maintaining the peace, good government, health and welfare of Baltimore City and to promote the welfare and temperance of minors exposed to advertisements for alcoholic beverages placed in publicly visible locations.
(Ch. 637, Acts of 1993.)
Baltimore City Charter, Article II, § (48) Fines and penalties.
§ (48). Fines and penalties.
To provide civil and criminal fines and penalties for the violation of any ordinance, rule or regulations established by the City under or in the execution of any power granted by this Article II; provided that no imprisonment shall be for a longer period than 12 months.
(Laws of Md., ch. 485; Ch. 551, Acts of 1997; Ch. 524, Acts of 1982.)
Baltimore City Charter, Article II, § (49) Constitutional and other powers.
§ (49). Constitutional and other powers.
The voters of Baltimore City shall have and are hereby expressly granted the power to make such changes in Sections 1 to 6, inclusive, of Article XI of the Constitution of the State of Maryland, as they may deem best; such power shall be exercised only by the adoption or amendment of a charter as provided in Article XI-A of said Constitution; provided, that nothing contained in this subsection (49) shall be construed to authorize the exercise of any powers in excess of those conferred by the Legislature upon said City, as set forth in Article XI-A of said Constitution; and expressly provided, further, that nothing herein contained shall give to the City or to the inhabitants thereof the right to initiate any legislation, laws or ordinances relating to the classification and taxation of real and personal property within the limits of said City.
The powers heretofore or hereafter granted to the City not included in Article II of its Charter shall, nevertheless, be exercisable by said City. Nothing contained in this subsection (49) shall be construed to take away or limit any power vested in the City, under the laws existing prior to June 1, 1945.
Baltimore City Charter, Article II, § (50) Revenue bonds and obligations.
§ (50). Revenue bonds and obligations.
(a) Authority to issue.
To borrow money to finance undertakings for the accomplishment of any of the purposes, objects and powers of the Mayor and City Council of Baltimore and in connection therewith to issue bonds, notes or other obligations (including refunding bonds, notes or other obligations), all of which shall be fully negotiable, payable, as to both principal and interest, solely from and secured solely by a pledge of
(1) the revenues from or arising in connection with the property, facilities, developments and improvements whose financing is undertaken by issuance of said bonds, notes or other obligations,
(2) the revenues from or arising in connection with any contracts, mortgages or other securities purchased or otherwise acquired with the proceeds of those bonds, notes or other obligations,
(3) the contracts, mortgages or other securities purchased or otherwise acquired with the proceeds of those bonds, notes or other obligations, or
(4) any combination of (l), (2), or (3).
Any and all of such bonds, notes or other obligations shall not be general obligations of the Mayor and City Council of Baltimore and shall not be a pledge of or involve the faith and credit or the taxing power of the Mayor and City Council of Baltimore, and shall not constitute a debt of the Mayor and City Council of Baltimore, all within the meaning of Section 7 of Article XI of the Constitution of Maryland or within the meaning of any other constitutional, statutory or charter provision limiting or restricting the sale or issuance of bonds, notes or other obligations of the Mayor and City Council of Baltimore.
The obligations authorized by the provisions of this subsection (50), and the bonds issued and sold pursuant thereto and their transfer, and the principal and interest payable thereon (including any profit made in the sale thereof) shall be and remain exempt from any and all State, county and municipal taxation in the State of Maryland.
(b) Enabling ordinance.
Any and all such bonds, notes or other obligations shall be issued by the Mayor and City Council of Baltimore pursuant to an ordinance of said municipality without the necessity of submitting the question of such issuance to the legal voters of Baltimore City for approval or disapproval. Any such ordinance may prescribe, among other things but not limited to, the form, terms, provisions, manner or method of issuing and selling (including negotiated as well as competitive bid sale), and the time or times of issuance, and any and all other details of any such bonds, notes or other obligations and the issuance and sale thereof, and may authorize and empower the Commissioners of Finance {Board of Finance} by resolution to determine and set forth any and all of the things hereinabove mentioned and to do any and all things necessary, proper or expedient in connection with the issuance and sale of such notes, bonds or other obligations authorized to be issued under the provisions of this subsection (50).
Any moneys from the bonds, notes or other obligations authorized under this subsection (50) shall not be expended for projects within the limits of Baltimore County without the express consent of the County Executive and County Council of Baltimore County.
(c) Trust agreement.
Bonds, notes or other obligations authorized to be issued under the provisions of this subsection (50) by an ordinance of the Mayor and City Council of Baltimore may be secured by a trust agreement by and between the Mayor and City Council of Baltimore and a corporate trustee, which may be any trust company, or bank having trust powers, within or without the State.
The ordinance may
(1) approve the form of the agreement,
(2) authorize the Commissioners of Finance {Board of Finance} to approve the form of the trust agreement or
(3) provide that counterparts of that ordinance may be executed by the appropriate parties so as to constitute a trust agreement.
The trust agreement, or the authorizing ordinance, may pledge or assign all or any part of
(1) the revenues from or arising in connection with the property, facilities, developments and improvements whose financing is undertaken by issuance of the bonds, notes or other obligations,
(2) the revenues from or arising in connection with any contracts, mortgages or other securities purchased or otherwise acquired with the proceeds of the bonds, notes or other obligations, or
(3) the contracts, mortgages or other securities purchased or otherwise acquired with the proceeds of the bonds, notes or other obligations, or
(4) any combination of (1), (2), or (3).
Any such trust agreement or ordinance authorizing the issuance of bonds may contain whatever provisions for the protection and enforcement of the rights and remedies of the bondholders as may be deemed reasonable and proper. The trust agreement may set forth the rights and remedies of the bondholders of the trustee and may restrict the individual right of action by bondholders. In addition to the foregoing, the trust agreement may contain whatever other provisions as the Mayor and City Council of Baltimore may deem reasonable and proper for the security of the bondholders.
All expenses incurred in carrying out the provisions of the trust agreement or ordinance may be treated as part of the cost of the financing of any project or projects in connection with which the bonds have been issued.
(d) Enforcement of rights by holders or trustee.
Any holder of bonds, notes or other obligations issued under this subsection (50), or of any of the coupons appertaining to those bonds, and the trustee, except to the extent the rights herein given may be restricted by the trust agreement, either at law or in equity, by suit, action, mandamus or other proceedings, may protect and enforce any and all rights under the laws of this State or granted hereunder or in the ordinance authorizing the issuance of those bonds, notes or other obligations or under the trust agreement, and may enforce and compel the performance of all duties required by this subsection (50) or in the ordinance authorizing the issuance of those bonds, notes or other obligations or by the trust agreement to be performed by the Mayor and City Council of Baltimore or by any officer thereof.
(e) Convention Center facilities.
(1) Notwithstanding any other provision of this section, bonds, notes or other obligations (including refunding bonds, notes or other obligations) issued under this section to finance or refinance the acquisition, demolition, construction, renovation, expansion, improvement, furnishing or equipping of convention center facilities may be payable, as to both principal and interest, from revenues and receipts from the hotel room tax, provided that such revenues and receipts may not be irrevocably pledged to the payment of such principal and interest and the obligation to pay such principal and interest from such revenues and receipts shall be subject to annual appropriation by the Mayor and City Council of Baltimore.
The trust agreement or the authorizing ordinance may pledge or assign:
(i) all or any part of such revenues and receipts, but only to the extent such revenues and receipts are appropriated by the Mayor and City Council of Baltimore to the payment of such principal and interest; and
(ii) any fund into which all or any part of such revenues and receipts are deposited after such revenues and receipts are appropriated by the Mayor and City Council of Baltimore to the payment of such principal and interest.
(2) As used in this subsection, “convention center facilities” means:
(i) convention centers, trade show facilities, meeting halls, or other structures in Baltimore City used for the holding of conventions, trade shows, meetings, displays, or similar events, including, without limitation, the Baltimore City Convention Center;
(ii) offices, parking lots, garages, access roads, hotels, restaurants, railroad sidings, and any other property, structures, furnishings or equipment functionally related to the facilities described in subparagraph (i) of this paragraph; and
(iii) other facilities and properties used or useful or having present capacity for future use as, or in connection with, convention center facilities, including, without limitation:
1. land, buildings, structures, machinery, equipment and all properties and rights therein and appurtenances thereof, and rights-of-way, franchises, easements, and other interests in land;
2. all land and facilities that are functionally related to a convention center facility; and
3. all patents, licenses and other rights necessary or useful in the construction or operation of a convention center facility.
(3) As used in this subsection, “hotel room tax” means the hotel room tax levied by the Mayor and City Council of Baltimore pursuant to Article 28, Sections 37 through 42, inclusive, of the Baltimore City Code, as amended, replaced, or supplemented from time to time {Article 28, Subtitle 21, City Code (Edition 2000)}.
(Ch. 400, Acts of 1993; Ch. 657, Acts of 1974; Ch. 509, Acts of 1972.)
Baltimore City Charter, Article II, § (51) Residential mortgage loan program.
§ (51). Residential mortgage loan program.
(a) In general.
To develop a residential mortgage loan program in Baltimore City to serve a public purpose and need which is expressly found and determined to be the development and perpetuation of readily available sources of money at low and moderate cost for residential mortgage loans within Baltimore City which purpose is essential
(1) to preserve a healthy and viable economy within Baltimore City,
(2) to encourage and facilitate the creation or maintenance of a healthy and ready market for residential real estate in Baltimore City including (without limitation) the ready sale and purchase of existing residential real estate and the purchase, acquisition, construction, erection or development of buildings or structures for residential purposes, including any land necessary therefor, within the boundaries of Baltimore City,
(3) to encourage and facilitate the purchase of such residential real property in order to maintain and encourage growth in real property assessments in Baltimore City, and
(4) to preserve the public health, safety and welfare of the residents of Baltimore City by enabling residents of Baltimore City of all income levels to finance readily their housing needs in Baltimore City, thus discouraging the proliferation of vacant and substandard housing in Baltimore City and retarding or reversing the movement of financially self-sufficient taxpayers to surrounding subdivisions; and
(b) Loan acquisitions.
To purchase or contract to purchase or otherwise acquire mortgage loans
(1) bearing interest rates below those generally prevailing (at the time of purchase or contract to purchase) in the private mortgage market (to the extent such a market exists at that time) for loans of comparable quality and term in Baltimore City and
(2) having whatever other terms and characteristics as may be determined by the Mayor and City Council of Baltimore to be appropriate or necessary to accomplish the public purpose set forth in paragraph (a) of this subsection which terms shall require, to the extent deemed practicable by the Mayor and City Council of Baltimore, that the residences securing such mortgage loans be owner occupied;
(c) Revenue bonds.
Without in any way limiting the generality of any other provisions of the Charter of the Mayor and City Council of Baltimore, to borrow money by the issuance of its revenue bonds and limited obligations pursuant to Article II, subsection (50), of this Charter in order to obtain the moneys necessary to effect the residential mortgage loan program hereby authorized.
Baltimore City Charter, Article II, § (52) Owner-occupancy residential mortgage loan program.
§ (52). Owner-occupancy residential mortgage loan program.
(a) In general.
To develop an owner-occupancy residential mortgage loan program in Baltimore City to serve a public purpose and need which is expressly found and determined to be the development and perpetuation of readily available sources of money at low and moderate cost for such residential mortgage loans within Baltimore City, which purpose is essential
(1) to preserve a healthy and viable economy within Baltimore City,
(2) to encourage and facilitate the creation or maintenance of a healthy and ready market for such residential real estate in Baltimore City including (without limitation) the ready sale and purchase of existing residential real estate and the purchase, acquisition, construction, erection or development of buildings or structures for owner-occupancy residential purposes including any land necessary therefor, within the boundaries of Baltimore City,
(3) to encourage and facilitate the purchase of such residential real property in order to maintain and encourage growth in real property assessments in Baltimore City, and
(4) to preserve the public health, safety and welfare of the residents of Baltimore City by enabling residents of Baltimore City of all income levels to finance readily their housing needs in Baltimore City, thus discouraging the proliferation of vacant and substandard housing in Baltimore City and retarding or reversing the movement of financially serf-sufficient taxpayers to surrounding subdivisions; and
(b) Loan acquisitions.
To purchase or contract to purchase or otherwise acquire mortgage loans
(1) bearing interest rates below those generally prevailing (at the time of purchase or contract to purchase) in the private mortgage market (to the extent such a market exists at that time) for loans of comparable quality and term in Baltimore City and
(2) having whatever other terms and characteristics as may be determined by the Mayor and City Council of Baltimore to be appropriate or necessary to accomplish the public purpose set forth in paragraph (a) of this subsection;
(c) Revenue bonds.
Without in any way limiting the generality of any other provisions of the Charter of the Mayor and City Council of Baltimore, to borrow money by the issuance of its revenue bonds and limited obligations pursuant to Article II, subsection (50), of this Charter in order to obtain the moneys necessary to effect the residential mortgage loan program hereby authorized.
(Ch. 809, Acts of 1974.)
Baltimore City Charter, Article II, § (54) Nonresident owners, notice of code violation and appointment of receiver.
§ (54). Nonresident owners, notice of code violation and appointment of receiver.
(a) Application for receiver.
Where real property in the City of Baltimore is owned by a nonresident of the State, and the nonresident owner has received notice of violation of the City’s building or housing codes and the violation is not corrected within the time required, the City of Baltimore may apply to any equity court in Baltimore for the appointment of a receiver.
(b) Prior notice.
Proper notice to nonresident owners shall consist of notice sent by certified mail, return receipt requested, to the last known address of the nonresident owner; or, if the above method cannot be accomplished, then by publication once a week for a period of three consecutive weeks in a daily newspaper of substantial circulation published in Baltimore of a notice citing the nature of the violation and stating that in the event the notice is not complied with within the time period for correction, the City of Baltimore may apply to an equity court in Baltimore City for the appointment of a receiver.
(c) Powers and duties of receiver.
The receiver appointed is responsible for correcting the code violations, continuing maintenance of the property, collecting any rents or other income from the property and applying the rent or other income to all expenditures made for these purposes.
The receiver may let the property to a tenant.
Any expenditures so made, after crediting rent or other income, shall be a lien against the property pursuant to Article II, § (19) of this Charter, and any excess funds received shall be held for the benefit of the owners to be remitted according to law.
(d) Authority supplemental.
This section may not be construed to limit the authority of the Mayor and City Council to seek the appointment of a receiver in appropriate code violation cases when conditions at the real property constitute a nuisance or are otherwise a substantial threat to health and safety.
(Ch. 467, Acts of 1993; Ch. 597, Acts of 1975.)
Baltimore City Charter, Article II, § (55) Municipal employee relations.
§ (55). Municipal employee relations.
(a) In general.
To provide by ordinance an orderly procedure for participation by municipal employees and their representatives in the formulation of labor relations and personnel policies, recognizing the right of employees to organize and bargain collectively through representatives of their own choosing and generally authorizing the Mayor and City Council of Baltimore to provide for
(1) the manner of establishing units appropriate for collective bargaining and of designating or selecting exclusive bargaining representatives;
(2) the rights of the employer, employees and the employee organization designated as the exclusive representative in an appropriate unit;
(3) the procedure for the negotiation of a collective bargaining agreement with respect to the terms and conditions of employment and the manner for resolution of a negotiation impasse;
(4) the payment of a service fee, as a condition of continuing employment, for administration of the collective bargaining agreement and the right of the exclusive representative to the checkoff of dues or service fees;
(5) the designation of unfair labor practices and remedies for the same;
(6) the definition of a grievance and the procedure for resolution; and
(7) other related matters to effectuate the ordinance.
The Mayor and City Council of Baltimore are authorized, consistent with the provisions of the Charter of Baltimore City, to submit to binding arbitration any dispute arising from the interpretation of, or the application of, any collective bargaining agreement with an exclusive representative. Binding arbitration for fire fighters and fire officers shall be conducted as provided in subsection (b).
This section does not authorize a strike by any municipal employee or employees.
Until amended by ordinance, the presently existing municipal employee relations ordinance shall remain in force and effect.
(b) Arbitration for fire personnel.
(1) If the certified employee organization or organizations representing fire fighters and fire officers within the Fire Department and the employer have not reached a written agreement concerning terms and conditions of employment by March 1 of any year, either party may request arbitration by a board of arbitration, as herein provided, which request must be honored.
(2) The board of arbitration shall be composed of 3 members, 1 appointed by the Mayor, and 1 appointed jointly by the certified employee organizations representing the fire fighters and fire officers involved. These members shall be selected within 4 days of the request for arbitration. The third member shall be selected within 4 additional days by the 2 arbitrators previously chosen and in accordance with the procedures of the American Arbitration Association from a list furnished by the Association. Such member selected shall act as chairman of the board of arbitration.
The board of arbitration thus established shall commence the arbitration proceedings within 7 days after the chairman is selected and shall make its decision, by a majority vote, within 15 days after the commencement of the arbitration proceedings. For good cause the chairman may extend the time requirement set forth herein.
(3) Within 3 days after the selection of the chairman of the board of arbitration, the Labor Commissioner or his designated representative shall provide to each member of the board of arbitration and to all parties, a detailed itemization of the last proposal made by the respective parties during the negotiations.
(4) The board of arbitration shall identify the major issues in the dispute, review the positions of all parties and shall take into consideration wages, benefits, hours, and other working conditions of other fire department and public safety employees in Maryland as well as in comparable metropolitan political subdivisions in other states, and shall also consider the value of other benefits available to or received by other employees of the Mayor and City Council of Baltimore as compared with private sector employees in the metropolitan Baltimore City area and as compared with employees of other fire departments and other public safety employees. The board of arbitration shall further consider consumer prices for goods and services and other related items, cost of living data, and such other factors, not confined to the foregoing, which are normally utilized in the determination of wages and other benefits in the collective bargaining process, and shall also take into account the financial condition of the City.
(5) The board of arbitration shall have the power to administer oaths, compel the attendance of witnesses, and require the production of evidence by subpoena.
(6) The board of arbitration after hearing witnesses and considering and receiving such written evidence as may be submitted shall, by written decision, order the implementation, in its entirety, of the last proposal of one of the respective parties previously submitted in accordance with subparagraph (c) of this section.
(7) The decision of the majority of the board of arbitration thus established shall be final and binding upon the Mayor and City Council of Baltimore and upon the certified employee organizations involved in the proceedings. No appeal therefrom shall be allowed. Such decision shall constitute a mandate to the Mayor of Baltimore City in respect to such matters which can be remedied administratively by him, and as a mandate to the Board of Estimates and the City Council with respect to matter(s) which require legislative action necessary to implement the decision of the board of arbitration.
With respect to matters which require legislative action for implementation, such legislation shall be enacted within 45 days following the date of the arbitration decision.
With respect to salaries and wage scales, the amounts determined by the final decision of the board of arbitration shall be included in the proposed Ordinance of Estimates in accordance with Section 2(c)(1) of Article VI {Article VI, § 5(a)(1)}, shall not be reduced by the City Council in accordance with Section 2(g) of Article VI {Article VI, § 7(a)(2nd par.), and shall be adopted by the Board of Estimates as the salary and wage scales for employees of the Fire Department in accordance with Section 5 of Article VI {Article VI, § 12}.
(8) The cost of the arbitration proceedings provided for herein shall be borne equally by the parties involved.
(Ch. 704, Acts of 1985.)
Baltimore City Charter, Article II, § (56) Volunteer workers.
§ (56). Volunteer workers.
To provide in its discretion such benefits as may be deemed appropriate to city volunteer workers for injury or death as a result of performing tasks assigned to them as city volunteer workers and to indemnify city volunteer workers against claims and suits under such conditions as may be prescribed.
(Ch. 40, Acts of 1979.)
Baltimore City Charter, Article II, § (57) Loans for industrial purposes.
§ (57). Loans for industrial purposes.
From or in connection with funds available to the Mayor and City Council of Baltimore pursuant to Article XI-I of the Constitution of the State of Maryland, to make, purchase, contract to make, or otherwise acquire financial loans to any person or other legal entity and to guarantee or insure financial loans made by third parties to any person or other legal entity, such financial loans to be used for or in connection with the purchase or acquisition of leasehold or fee simple interests in buildings or structures, and for construction, reconstruction, erection, development, rehabilitation, renovation, redevelopment or improvement of buildings or structures, located within the boundaries of Baltimore City, which buildings or structures are to be used or occupied for industrial purposes.
The term “industrial purposes” shall embrace every type or branch of business, conducted for a livelihood or for profit, or conducted on a nonprofit basis, provided that the building or structure may be financed by obligations the interest on which is exempt from federal income taxation under the provisions of any federal statute, including the provisions of Section 103 of the Internal Revenue Code of 1954, as now or hereafter amended.
It is hereby found and determined that conditions of unemployment exist in Baltimore City and the development of business of all types (including, without limitation, manufacturing, commerce, research, education, real estate development, and recreation) is essential to relieve this unemployment and to establish a balanced economy in Baltimore City.
In connection with such loans and guarantees, the City may make loans directly for qualifying projects and may guarantee or insure loans made by third parties for such projects, including loans made in the form of the acquisition by a third party of revenue bonds or any other evidence of indebtedness.
(Ch. 454, Acts of 1980.)
Baltimore City Charter, Article II, § (58) Limitations on competition.
§ (58). Limitations on competition.
(a) Public transportation.
(1) It has been and shall continue to be the policy of the State to authorize Baltimore City to 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 City; to enable the City to provide public transportation in order to conserve energy and reduce air pollution, congestion, traffic hazards, and accidents; to encourage the use of public transportation by the contribution by the City of capital and operating funds to enable transportation to be provided at the lowest cost to all citizens, especially the indigent; and to promote the general welfare by conducting a comprehensive transportation system.
(2) Baltimore City has the authority to grant one or more franchises for a transportation system on an exclusive or nonexclusive basis, to impose franchise fees, to establish certain rates, to establish rules, regulations, and licensing requirements to govern the operation of the franchises, and for the enforcement of any such measure, and to conduct a public transportation system on an exclusive basis, including the establishment of rules, regulations, and rates, notwithstanding any anticompetitive effect.
(b) Water and sewerage systems; Waste collection and disposition.
(1) It has been and shall continue to be the policy of the State to authorize Baltimore City to displace or limit competition in the area of water and sewerage systems in order to assure delivery of adequate, economical, and efficient services to its citizens, to avoid duplication of facilities, to provide for the health and safety of its citizens, to control disease, to prevent blight and other environmental degradation, to utilize efficiently the public right-of-way, to protect limited natural resources for the benefit of the citizens of the City; and to promote the general health and welfare by providing for adequate water and sewerage systems.
(2)
(i) Baltimore City has the authority to grant one or more franchises or enter into contracts for water and sewerage systems on an exclusive or nonexclusive basis to any person, to impose franchise fees, to establish certain rates and charges, to establish rules, regulations, and licensing requirements, and to provide for the enforcement of any such measure notwithstanding any anticompetitive effect.
(ii) In the event that Baltimore City has the enabling authority granted by any other law to operate water and sewerage systems, such systems shall be operated by the City without regard to any anticompetitive effect.
(3) It has been and shall continue to be the policy of the State that Baltimore City is directed and authorized to exercise all powers regarding waste collection and disposal notwithstanding any anticompetitive effect. This subsection does not apply to any portion of a generator’s waste which is directed by the generator to a specific facility for reuse, reclamation or recycling, or for disposal on its own property.
(c) Concessions on, leasing of public property.
(1) It has been and shall continue to be the policy of the State to authorize Baltimore City to displace or limit competition in the award of concessions on, over or under property owned or leased by the City and in the leasing or subleasing of property owned or leased by the City in order to utilize properly the assets of the City 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) Baltimore City has the authority to displace or limit competition by granting one or more franchises for any concession on, over or under property owned, or leased, by the City 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 and for the enforcement thereof; and to lease or sublease publicly owned or leased land, improvements to land or both on terms to be determined by the City without regard to any anticompetitive effect.
(d) Development and redevelopment.
(1) It has been and shall continue to be the policy of this State to authorize Baltimore City to displace or limit competition with respect to residential, commercial, industrial, and economic development and redevelopment to ensure the stability and vitality of urban areas.
(2) In order to achieve this public purpose Baltimore City has been granted the authority to displace or limit competition by limiting or controlling the types and number of uses or projects it will authorize, promote, assist, or permit in exercising its powers to undertake, promote, and regulate, and otherwise control residential, commercial, industrial, and economic development and redevelopment, including but not limited to acquiring, leasing, selling or disposing of, and controlling land, structures, and other property and borrowing money, and making loans or providing other forms of financial assistance and guarantees.
(e) Construction; Scope.
The powers granted to Baltimore City pursuant to this section shall not be construed:
(1) to grant to Baltimore City powers in any substantive area not otherwise granted to the City by other public general or public local law;
(2) to restrict the City from exercising any power granted to the City by other public general or public local law or otherwise;
(3) to authorize the City 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.
(Ch. 397, Acts of 1983.)
Baltimore City Charter, Article II, § (59) Loans and loan guarantees.
§ (59). Loans and loan guarantees.
To use the proceeds of any debt of the Mayor and City Council of Baltimore, created pursuant to Article XI, Section 7 of the Constitution of Maryland, in order to effectuate any purpose which the General Assembly of Maryland has or may hereafter authorize pursuant to Articles XI-G, XI-H, or XI-I of the Constitution of Maryland, as follows:
(a) to make or contract to make financial loans to any person or other legal entity to be used for or in connection with the rehabilitation, renovation, redevelopment, or improvement of buildings or structures located within the boundaries of Baltimore City, which buildings or structures are to be used or occupied for residential purposes;
(b) to guarantee or insure financial loans made by third parties to any person or other legal entity to be used for or in connection with the rehabilitation, renovation, redevelopment, or improvement of buildings or structures located within the boundaries of Baltimore City, which buildings or structures are to be used or occupied for residential purposes;
(c) to make or contract to make financial loans to any person or other legal entity to be used for or in connection with the purchase or acquisition of leasehold or fee simple interests in buildings or structures, and for construction, reconstruction, erection, development, rehabilitation, renovation, redevelopment, or improvement of buildings or structures, located within the boundaries of Baltimore City, which buildings or structures are to be used or occupied for commercial purposes;
(d) to guarantee or insure financial loans made by third parties to any person or other legal entity to be used for or in connection with the purchase or acquisition of leasehold or fee simple interests in buildings or structures, and for construction, reconstruction, erection, development, rehabilitation, renovation, redevelopment, or improvement of buildings or structures, located within the boundaries of Baltimore City, which buildings or structures are to be used or occupied for commercial purposes;
(e) to make or contract to make financial loans to any person or other legal entity to be used for or in connection with the purchase, acquisition, construction, erection, or development of buildings or structures, including any land necessary therefor, within the boundaries of Baltimore City, which buildings or structures are to be used or occupied for residential purposes;
(f) to guarantee or insure financial loans made by third parties to any person or other legal entity which are to be used for or in connection with the purchase, acquisition, construction, erection, or development of buildings or structures, including any land necessary therefor, within the boundaries of Baltimore City, which buildings or structures are to be used or occupied for residential purposes;
(g) to make or contract to make financial loans to any person or other legal entity to be used for or in connection with the purchase, acquisition, construction, reconstruction, erection, development, redevelopment, rehabilitation, renovation, modernization, or improvement of buildings or structures, including any land necessary therefor, within the boundaries of Baltimore City, which buildings or structures are to be used or occupied for industrial purposes; and
(h) to guarantee or insure financial loans made by third parties to any person or other legal entity which are to be used for or in connection with the purchase, acquisition, construction, reconstruction, erection, development, redevelopment, rehabilitation, renovation, modernization, or improvement of buildings or structures, including any land necessary therefor, within the boundaries of Baltimore City, which buildings or structures are to be used or occupied for industrial purposes.
(Ch. 645, Acts of 1984.)
Baltimore City Charter, Article II, § (60) Reports of loans, loan guarantees, and loan insurance.
§ (60). Reports of loans, loan guarantees, and loan insurance.
To exercise powers which may be granted by the General Assembly of Maryland under Articles XI-G, XI-H, and XI-I of the Constitution of Maryland only if the following requirements are fulfilled:
(a) Reports required.
Prior to each regular session of the General Assembly of Maryland, the Board of Estimates of the Mayor and City Council of Baltimore shall submit to each member of the General Assembly representing Baltimore City a report regarding loans and loan guarantees made during the immediately preceding fiscal year, from the proceeds of any debt created or credit extended under Article XI, Section 7 of the Constitution of Maryland or from the proceeds of any notes issued in anticipation of such proceeds, for the purposes authorized pursuant to Articles XI-G, XI-H, or XI-I of the Constitution of Maryland.
(b) Contents.
The report shall contain the following information regarding each loan of $300,000 or more, made or guaranteed as described in subsection (a); provided that the loans or loan guarantees or insurance for any particular project or the particular project itself may not be divided or split for the purpose of being exempted from the reporting requirement:
(1) the recipient of the loan, and a brief description of the purpose of the loan.
(2) the street address and a brief description of each property acquired, constructed, rehabilitated or otherwise improved with the proceeds of the loan.
(3) the amount of each loan made.
(4) the amount of each loan guaranteed and the amount of reserve maintained for each guarantee commitment.
(5) the amount and source of any other funds committed in connection with the loan.
(6) the extent of minority business participation in the proceeds of the loan, determined in accordance with the standards, terms, and conditions of the minority business enterprise program of the Board of Estimates of Baltimore City.
(7) whether and in what manner the provisions of Article VI, Section 4 {Article VI, § 11} of the City Charter applied to the loan.
(8) whether and in what manner Sections 19 through 27 inclusive of the Baltimore City Code, “Contracts - Hours and Wages” {Article 5, Subtitle 25, “Hours and Wages - Service Contracts”, City Code (Edition 2000)}, applied to the loan.
(c) “Guarantee” defined.
In this section, a loan “guarantee” or a loan “guaranteed” shall include insurance of a loan, or a loan insured.
(d) Legislative audit.
At the request of either the Speaker of the House and President of the Senate or the Joint Budget and Audit Committee to the General Assembly, the legislative auditor shall:
(1) examine, evaluate, and audit any report made under this section; and
(2) examine and evaluate any loan or loan guarantee for which a report is not made in order to determine if a report should be made for it under this section.
(e) Savings clause.
Failure to file any report required by this section does not affect the validity of any bonds or other obligations issued for the purpose of exercising any of the powers authorized by Articles XI-G, XI-H, and XI-I of the Constitution.
(Ch. 749, Acts of 1984.)
Baltimore City Charter, Article II, § (61) Downtown Commercial District Management Authority.
§ (61). Downtown Commercial District Management Authority.
(a) Establishment, boundaries, etc.
(1) To establish a Downtown Commercial District Management Authority within the City of Baltimore to do any or all of the following: promote or market the district; provide supplementary security and maintenance services; and provide amenities in public areas.
(2)
(i) To specify and modify the boundaries of the district but in no event outside the bounds of lines as follows:
1. on the north, a line beginning at the Jones Falls Expressway, going west on Centre Street to Park Avenue, then north on Park Avenue to Read Street, then northwest on Read Street to Howard Street, then north on Howard Street to Martin Luther King Boulevard, then southwest on Martin Luther King Boulevard to Eutaw Street, then south on Eutaw Street to Franklin Street, then west to Greene Street;
2. on the west, Greene Street and Russell Street;
3. on the south, a line running generally westerly from Russell Street and Lee Street to Lee Street and Light Street, and then following Light Street to Key Highway, and then following Key Highway to Lawrence Street; and
4. on the east, the Jones Falls Expressway and President Street.
(ii) Notwithstanding subparagraph (i) of this paragraph, the district may include properties binding on either side of the boundaries authorized under this subsection.
(3) To specify the powers and functions which may be exercised and conducted by the Authority and the amount of benefit assessment charges which may be imposed on properties in the district.
(4) To specify the duration of the Authority.
(5) To provide for the imposition and collection of the taxes or charges, and for disbursement of the revenue therefrom to the Authority. The financial plan of the Authority, including its annual budget and its tax and fee schedule, shall be subject to approval by the Board of Estimates. Taxes and charges imposed under this paragraph may not exceed those proposed by the Authority.
(6) To determine the organization and method of initial appointment of board members of the Authority, the majority of the members of the board shall be owners or representatives of owners of properties in the district that are subject to taxes or charges under this section.
(b) Powers of Authority.
(1) Contract with Police Department.
As provided by ordinance, the Authority shall enter into a contract with the Baltimore Police Department to hire two officers of the Baltimore Police Department to exclusively patrol the 400 unit block of Baltimore Street and the unit block of Custom House Avenue between the hours of 10 p.m. and 3 a.m. on the Thursday, Friday, and Saturday of each week.
(2) General powers.
As provided by ordinance, the Authority may have the power:
(i) to be a special tax district or special benefits assessment district and to conduct the functions which are assigned to it by the City.
(ii) to acquire, hold and use property necessary to achieve its purposes.
(iii) to make contracts; to sue and be sued.
(iv) to accept grants.
(v) to borrow for purposes consistent with the public purposes of the Authority.
(vi) to propose in its annual budget the taxes or charges on properties within the district. No such amounts shall be levied against residential property with fewer than four dwelling units. Property which is exempt under State law from ordinary property taxes shall be exempt from assessments by the district. Before adopting its proposed budget and before making its recommendation to the City, the Authority shall hold a public hearing on taxes or charges proposed for the district. The Authority shall publish notice of the hearing in a newspaper of general circulation in Baltimore City at least once a week for three consecutive weeks before the hearing.
(vii) to do all things necessary or convenient to carry out its powers.
(viii) to adopt, amend and modify by-laws, all of which shall be subject to the approval of the Board of Estimates.
(ix) to establish and elect officers and provide for their terms and duties.
(x) to contract for and purchase goods and services, not subject to the City requirements regarding wage scales, competitive bidding or other local procurement laws; however the Authority shall be subject to City ordinances and City policy requiring achievement of goals regarding minority and women’s business enterprises.
(c) Limitations.
The Authority is subject to the following limitations:
(1) It is not permitted to exercise any police or general powers other than those authorized by State law and City ordinance.
(2) It may not pledge the full faith or credit of the City.
(3) It cannot extend its life and it cannot modify its boundaries without City Council approval.
(4) It cannot impose taxes, fees or assessments in excess of those approved by the Board of Estimates.
(5) It cannot exercise the power of eminent domain.
(6) Except as otherwise authorized by law, it cannot engage in competition with the private sector.
(7) Any fees, charges or taxes collected pursuant to this section shall be used only for the purposes authorized under this section and may not revert to the General Fund of the City.
(8) It may not be an agency of the City of Baltimore or the State of Maryland.
(9) Employees of the Authority shall reside in the City of Baltimore.
(10) Subject to the approval of the Board of Estimates, it shall provide an adjustment of any taxes and charges imposed on a specific property pursuant to this section based on the current rate of occupancy of the property.
(d) Considerations.
In adopting an ordinance, the City Council shall give consideration to the views of the property owners, the retail merchants, the hotels and motels, the property tenants, and the other members of the business community within the district.
(e) Periodic review.
The Mayor and City Council shall review the effectiveness and desirability of continuing the existence of any district established under this section every 5 years from the enactment of the ordinance.
(f) Approval by property owners.
The Mayor and City Council shall establish a fair and equitable process for the approval and adoption of an ordinance, under this section, by the property owners who are subject to taxes or charges in the district.
(Ch. 36, Acts of 2022; Ch. 604, Acts of 1992.)
Baltimore City Charter, Article II, § (62) Tax increment financing.
§ (62). Tax increment financing.
(a) In general.
(1) To borrow money by issuing and selling bonds, at any time and from time to time, for the purpose of financing and refinancing the development of an industrial, commercial, or residential area in Baltimore City. Such bonds shall be payable from and secured by a pledge of the special fund described in subsection (d)(3)(ii) of this section and the Mayor and City Council of Baltimore may also establish sinking funds, establish debt service reserve funds, or pledge other assets and revenues towards the payments of the principal and interest, including revenues received by the Mayor and City Council of Baltimore pursuant to a development agreement.
(2)
(i) In lieu of the pledges set forth in paragraph (1) of this subsection, the authorizing ordinance or trust agreement, subject to subparagraphs (ii) and (iii) of this paragraph, may pledge or assign:
1. all or any part of that portion of the revenues and receipts from the taxes representing the levy of the tax increment that would normally be paid to the Mayor and City Council of Baltimore to the payment of such principal and interest;
2. the special fund described in subsection (d)(3)(ii) of this section and any other fund into which all or any part of such revenues and receipts are deposited after such revenues and receipts are appropriated by the Mayor and City Council of Baltimore to the payment of such principal and interest;
3. amounts provided to the Mayor and City Council of Baltimore by the State under § 2-222 the Tax–Property Article of the Annotated Code of Maryland; and
4. any other assets and revenues of the Mayor and City Council of Baltimore.
(ii) The revenues and receipts may not be irrevocably pledged to the payment of such principal and interest and the obligation to pay such principal and interest from such revenues and receipts shall be subject to annual appropriation by the Mayor and City Council of Baltimore.
(iii) The Mayor and City Council of Baltimore may not pledge its full faith and credit or unlimited taxing power to the payment of such bonds.
(b) Definitions.
(1) In this section the following words have the meanings indicated, unless the context clearly indicates another or different meaning or intent:
(2) “Abandoned property” has the meaning stated in § 21-17(a) of the Public Local Laws of Baltimore City.
(3) “Adjusted assessable base” means, for real property that qualifies for farm or agricultural use under § 8-209 of the Tax-Property Article of the Annotated Code of Maryland, as amended, replaced, or supplemented from time to time, the fair market value of the property without regard to its agricultural use assessment as of January 1 of that year preceding the effective date of the ordinance creating the development district under subsection (d) of this section.
(4) “Affordable housing” means housing that is affordable to households with incomes up to 115% of the regional median income.
(5) “Assessable base” means the total assessable base of all real property in a development district subject to taxation as determined by the Supervisor of Assessments.
(6)
(i) “Assessment ratio” means any real property tax assessment ratio, however designated or calculated, which is used or applied under applicable general law in determining the assessable base.
(ii) “Assessment ratio” includes the assessment percentage as provided under § 8-103(c) of the Tax-Property Article of the Annotated Code of Maryland, as amended, replaced, or supplemented from time to time.
(7) “Bonds” or “bond” means any bonds or bond, notes or note, or other similar instruments or instrument issued by the Mayor and City Council of Baltimore pursuant to and in accordance with this section.
(8) “Development” includes new development, redevelopment, revitalization, and renovation.
(9) “Development agreement” means an agreement between the Mayor and City Council of Baltimore and any person involved in or responsible for development of property within a development district pursuant to which such person shall agree to pay in each year in which any bonds are outstanding an amount equal to all or a portion of the debt service on bonds issued pursuant to this section to finance or refinance development in such development district.
(10) “Development district” means an area or areas within the City of Baltimore designated by an ordinance of the Mayor and City Council of Baltimore.
(11) “Distressed property” has the meaning stated in § 21-17(a) of the Public Local Laws of Baltimore City.
(12) “Original assessable base” means the assessable base as of January 1 of that year preceding the effective date of the ordinance creating the development district under subsection (d) of this section.
(13) “Original full cash value” means the dollar amount which is determined by dividing the original assessable base by the assessment ratio used to determine the original assessable base.
(14) “Original taxable value” means for any tax year the dollar amount that is the lesser of:
(i) the product of the original full cash value times the assessment ratio applicable to that tax year;
(ii) the original assessable base; or
(iii) if an adjusted assessable base applies, then the “original taxable value” is the adjusted assessable base.
(15) “Supervisor of Assessments” means the Supervisor of Assessments for Baltimore City.
(16) “Tax increment” means for any tax year the amount by which the assessable base as of January 1 preceding that tax year exceeds the original taxable value, divided by the assessment ratio used to determine the original taxable value.
(17) “Tax year” means the period from July 1 of a calendar year through June 30 of the next calendar year.
(18) “State obligations” means any bonds or bond, notes or note, or other similar instruments or instrument issued by the Maryland Economic Development Corporation, the State of Maryland, or any agency, department, or political subdivision thereof, the proceeds of which have been used for any of the purposes specified in subsection (c) of this section.
(c) Application of proceeds.
All proceeds received from any bonds issued and sold pursuant to this section shall be applied solely for:
(1) the cost of purchasing, leasing, condemning, or otherwise acquiring land or other property, or an interest in them, in the designated development district area or as necessary for a right-of-way or other easement to or from the development district area;
(2) site removal;
(3) surveys and studies;
(4) relocation of businesses or residents;
(5) installation of utilities, construction of parks and playgrounds, and other necessary improvements including streets and roads to, from, or within the development district, lighting, and other facilities;
(6) construction or rehabilitation of buildings provided that such buildings:
(i) are to be devoted to a governmental use or purpose;
(ii) are abandoned property;
(iii) are distressed property; or
(iv) will provide units of affordable housing;
(7) reserves and capitalized interest on the bonds;
(8) necessary costs of issuing bonds;
(9) structured and surface parking facilities that are:
(i) publicly owned; or
(ii) privately owned but serve a public purpose; and
(10) payment of the principal and interest on loans, money advanced, or indebtedness incurred by the Mayor and City Council of Baltimore for any of the purposes set out in this section.
(d) Prerequisites for bond issuance.
Before issuing any bonds under this section, the Mayor and City Council of Baltimore shall:
(1) designate by ordinance an area or areas within the City of Baltimore as a “development district”;
(2) receive from the Supervisor of Assessments a certification as to the amount of the original assessable base, or if applicable, the adjusted assessable base; and
(3) provide that until the bonds have been fully paid or thereafter, the property taxes on real property within the development district shall be divided as follows:
(i) that portion of the taxes which would be produced by the rate at which taxes levied each year by the Mayor and City Council of Baltimore upon the original taxable value shall be allocated to and when collected paid into the funds of the Mayor and City Council of Baltimore in the same manner as taxes by the Mayor and City Council of Baltimore on all other property are paid; and
(ii) that portion of the taxes representing the levy on the tax increment that would normally be paid to the Mayor and City Council of Baltimore shall be paid into a special fund to be applied in accordance with the provisions of subsection (e) of this section. This yield shall not be considered as municipal taxes for the purposes of any constant yield tax limitation or State or local restriction. No State real property taxes may be paid into the special fund.
(e) Special fund.
(1) The Mayor and City Council of Baltimore may enact an ordinance creating a special fund described in subsection (d)(3)(ii) of this section with respect to a development district, even though no bonds authorized by this section have been issued by the Mayor and City Council of Baltimore with respect to that development district or are then outstanding. The taxes allocated to such special fund by subsection (d)(3)(ii) of this section shall thereafter be paid over to such special fund, as long as such ordinance remains in effect.
(2) When no bonds authorized by this section are outstanding with respect to a development district and the Mayor and City Council of Baltimore by ordinance so determines, moneys in the special fund for that development district created pursuant to subsection (d)(3)(ii) of this section may be:
(i) used for any of the purposes described in subsection (c) of this section;
(ii) accumulated for payment of debt service on bonds subsequently issued under this section;
(iii) used to pay or to reimburse the Mayor and City Council of Baltimore for debt service which the Mayor and City Council of Baltimore is obligated to pay or has paid (whether such obligation is general or limited) on any bonds or State obligations; or
(iv) paid to the Mayor and City Council of Baltimore to provide funds to be used for any legal purpose as may be determined by the Mayor and City Council of Baltimore.
(3) When any bonds authorized by this section are outstanding with respect to a development district and the Mayor and City Council of Baltimore so determines, moneys in the special fund for that development district created pursuant to subsection (d)(3)(ii) of this section may be used as provided in paragraph (2) of this subsection in any fiscal year by the Mayor and City Council of Baltimore, but only to the extent that:
(i) the amount in such special fund exceeds the unpaid debt service payable on such bonds in such fiscal year and is not restricted so as to prohibit the use of such moneys; and
(ii) such use is not prohibited by the ordinance of the Mayor and City Council of Baltimore or resolution of the Board of Finance authorizing the issuance of such bonds.
(f) Enabling ordinance.
(1) Before issuing any bonds under this section the Mayor and City Council of Baltimore shall enact an ordinance which:
(i) specifies and describes the proposed undertaking and states that it has complied with subsection (d) of this section; and
(ii) specifies the maximum principal amount of bonds to be issued, from time to time or at any time, pursuant to such ordinance.
(2) The ordinance, if such bonds constitute debt of the Mayor and City Council of Baltimore under Section 7 of Article XI of the State Constitution, shall be submitted to the legal voters of the City of Baltimore at the time and place specified therein. Such ordinance shall become effective only if it is approved by the majority of the votes cast at the time and place specified in such ordinance. Except as otherwise provided herein, this section may not be construed as requiring the submission to the legal voters of the City of Baltimore of any ordinance creating a development district pursuant to subsection (d) of this section.
(3) Such ordinance may specify that the bonds authorized thereunder may be issued from time to time or at any time.
(4) Such ordinance may authorize the Mayor and City Council of Baltimore by ordinance or the Board of Finance by resolution to specify and prescribe any of the following as it deems appropriate to effect the financing or refinancing of the proposed undertaking:
(i) the actual principal amount of the bonds to be issued;
(ii) the actual rate or rates of interest the bonds are to bear or the method for determining the same;
(iii) the manner in which and the terms upon which the bonds are to be sold;
(iv) the manner in which and the times and places that the interest on the bonds is to be paid;
(v) the time or times that the bonds may be executed, issued, and delivered;
(vi) the form and tenor of the bonds and the denominations in which the bonds may be issued;
(vii) the manner in which and the times and places that the principal of the bonds is to be paid, within the limitations sot forth in this subsection;
(viii) provisions pursuant to which any or all of the bonds may be called for redemption prior to their stated maturity dates;
(ix) the terms and provisions of any development agreement to be executed by the Mayor and City Council of Baltimore and any person in connection with the issuance of such bonds; and
(x) any other provisions not inconsistent with this section, the Charter and applicable law as shall be determined by the Mayor and City Council of Baltimore or the Board of Finance (as the case may be) to be necessary or desirable to effect the financing or refinancing of the proposed undertaking.
(g) Tax exemption.
The principal amount of the bonds, the interest payable thereon, their transfer, and any income derived therefrom, including any profit made in the sale or transfer thereof, shall be exempt from taxation by the State of Maryland and by the several counties and municipalities of the State of Maryland but shall be included, to the extent required under Title 8, Subtitle 2 of the Tax-General Article of the Annotated Code of Maryland, as amended, replaced, or supplemented from time to time, in computing the net earnings of financial institutions.
(h) Form; Tenor; Sale.
(1) All bonds may be in bearer form or in coupon form or may be registrable as to principal alone or as to both principal and interest. Each of the bonds shall be deemed to be a “security” within the meaning of § 8-102 of the Commercial Law Article of the Annotated Code of Maryland, as amended, replaced, or supplemented from time to time, whether or not it is either one or a class or series or by its terms is divisible into a class or series of instruments.
(2) All bonds shall be signed manually or in facsimile by the Mayor of the City of Baltimore, and the seal of the Mayor and City Council of Baltimore shall be impressed thereon manually or by facsimile and attested by the custodian of the City seal, manually or by facsimile. If any officer whose signature or countersignature appears on the bonds ceases to be such officer before delivery of the bonds, his signature or countersignature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until delivery thereof.
(3) All bonds shall mature not later than 40 years from their date of issuance.
(4) All bonds shall be sold in such manner, either at public or private sale, and upon such terms as the Mayor and City Council of Baltimore by ordinance or (if authorized in the ordinance authorizing such bonds) the Board of Finance by resolution deems best. Any contract for the acquisition of property may provide that payment shall be in bonds.
(i) Refunding bonds.
(1) The Mayor and City Council of Baltimore, acting by and through the Board of Finance thereof, is hereby authorized and empowered to issue its bonds for the purpose of refunding any bonds authorized to be issued under the provisions of this section by payment at maturity or the purchase or redemption of bonds in advance of maturity. The validity of any refunding bonds shall in no way be dependent upon or related to the validity or invalidity of the bonds being refunded. Such refunding bonds may be issued by the Mayor and City Council of Baltimore, acting by and through the Board of Finance thereof, for the purpose of providing it with funds to pay any of its outstanding bonds authorized to be issued under the provisions of this section at maturity, to purchase in the open market any of its outstanding bonds authorized to be issued under the provisions of this subsection prior to their maturity, to redeem prior to their maturity any outstanding bonds which are, by their terms, redeemable, to pay interest on any outstanding bonds prior to their payment at maturity or purchase or redemption in advance of maturity, or to pay any redemption or purchase premium in connection with the refunding of any of its outstanding bonds authorized to be issued under the provisions of this subsection.
(2) Any refunding bonds authorized to be issued and sold under the provisions of this section may be issued for the public purpose of:
(i) realizing savings to Baltimore City in the aggregate cost of debt service on either a direct comparison or present value basis; or
(ii) debt restructuring that:
1. in the aggregate effects such a reduction in the cost of debt service; or
2. is determined by the Board of Finance of the Mayor and City Council of Baltimore to be in the best interest of Baltimore City, to be consistent with Baltimore City’s long-term financial plan, and to realize a financial objective of Baltimore City, including, without limitation, improving the relationship of debt service to a source of payment such as taxes, assessments, or other charges.
(3) Any refunding bonds authorized to be issued and sold under the provisions of this section may be issued in whatever principal amount shall be required to achieve the purpose for the issuance of the refunding bonds, which amount may be in excess of the principal amount of the bonds refunded or the maximum principal amount of bonds authorized to be issued under subsection (f)(4)(i) of this section.
(4) Any refunding bonds authorized to be issued and sold under the provisions of this section may be issued to mature on such dates and in such amounts as the Board of Finance may determine; provided that the entire principal amount represented by the refunding bonds shall be discharged not more than 40 years from the date of issuance of the bonds being refunded.
(5) Any refunding bonds authorized to be issued and sold under the provisions of this section may be sold at public sale by the solicitation of competitive bids or at private (negotiated) sale without advertisement or solicitation of competitive bids, for a price or prices which may be at, above, or below the par value of the refunding bonds, as determined by resolution of the Board of Finance of the Mayor and City Council of Baltimore. If the Board of Finance determines to sell the refunding bonds at public sale, the refunding bonds shall be sold to the highest responsible bidder or bidders therefor after due notice of such sale, but the Mayor and City Council of Baltimore, acting by and through the Board of Finance thereof, shall have the right to reject any or all bids therefor for any reason.
(6) Any refunding bonds authorized to be issued and sold under the provisions of this section shall bear interest at such rate or rates as may be determined by the Board of Finance of the Mayor and City Council of Baltimore, which rate or rates may be fixed or variable or as determined by a method approved by the Board of Finance, and such interest shall be payable at such time or times as may be determined by the Board of Finance.
(7) The proceeds of the sale of any refunding bonds authorized to be issued and sold under the provisions of this section, after the payment of issuance costs relating thereto, shall be set aside by the Mayor and City Council of Baltimore as a separate trust fund to be used solely for the purposes stated in this subsection.
(8) Except as otherwise provided in this subsection, the powers granted in, the limitations and obligations imposed by, and the procedures specified in this section with respect to the issuance of bonds shall be applicable to the issuance of refunding bonds.
(9) Any refunding bonds authorized to be issued and sold under the provisions of this section shall not be subject to any debt policy limitation that may from time to time be established by the Mayor and City Council of Baltimore.
(j) Assessment and taxation of property.
Whenever the Mayor and City Council of Baltimore, as lessor, leases its property within the development district, the property shall be assessed and taxed in the same manner as privately owned property, and the lease or contract shall provide that the lessee shall pay taxes or payments in lieu of taxes upon the assessed value of the entire property and not merely the assessed value of the leasehold interest.
(k) In addition to the powers in this section, the Mayor and City Council of Baltimore may use the authority granted to a political subdivision for tax increment financing in a sustainable community as provided for in Title 12, Subtitle 2 of the Economic Development Article of the Annotated Code of Maryland.
(l) In addition to the powers in this section, the Mayor and City Council of Baltimore may use the authority granted to a political subdivision for tax increment financing in a Regional Institution Strategic Enterprise zone as provided for in Title 12, Subtitle 2 of the Economic Development Article of the Annotated Code of Maryland.
(Chs. 530 and 531, Acts of 2014; Ch. 624, Acts of 2013; Ch. 544, Acts of 2008; Ch. 338, Acts of 2008; Ch. 405, Acts of 2004; Ch. 170, Acts of 2001; Ch. 66, Acts of 2000; Chs. 9 and 10, Acts of 1996; Ch. 624, Acts of 1994.)
Baltimore City Charter, Article II, § (62A) Special Tax Districts.
§ (62A). Special Tax Districts.
(a) In general.
(1) Subject to the provisions of this section and for the purpose stated in paragraph (2) of this subsection, to:
(i) create a special taxing district;
(ii) levy ad valorem or special taxes; and
(iii) issue bonds and other obligations.
(2) The purpose of the authority granted under paragraph (1) of this subsection is to provide financing, refinancing, or reimbursement for the cost of the design, construction, establishment, extension, alteration, or acquisition of infrastructure improvements, whether situated within the special taxing district or outside the special taxing district if the infrastructure improvement is reasonably related to other infrastructure improvements within the special taxing district.
(b) Definitions.
In this section the following words have the meanings indicated, unless the context clearly indicates another or different meaning or intent:
(1) “Abandoned property” has the meaning stated in § 21-17(a) of the Public Local Laws of Baltimore City.
(2) “Affordable housing” has the meaning stated in § (62)(b) of this article.
(3) “Bond” means a special obligation bond, revenue bond, note, or other similar instrument issued by the Mayor and City Council of Baltimore in accordance with this section.
(4) “Cost” includes the cost of:
(i) construction, reconstruction, and renovation and purchasing, leasing, condemning, or otherwise acquiring any lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or to be acquired by the Mayor and City Council of Baltimore;
(ii) all machinery and equipment including machinery and equipment needed to expand or enhance city services to the special taxing district;
(iii) financing charges and interest prior to and during construction, and, if deemed advisable by the Mayor and City Council of Baltimore, for a limited period after completion of the construction, interest and reserves for principal and interest, including costs of municipal bond insurance and any other type of financial guaranty and costs of issuance;
(iv) extensions, enlargements, additions, and improvements;
(v) architectural, engineering, financial, and legal services;
(vi) plans, specifications, studies, surveys, and estimates of cost and of revenues;
(vii) administrative expenses necessary or incident to determining to proceed with the infrastructure improvements;
(viii) site removal;
(ix) relocation of businesses and residents; and
(x) other expenses as may be necessary or incident to the construction, acquisition, and financing of the infrastructure improvements.
(5) “Distressed property” has the meaning stated in § 21-17(a) of the Public Local Laws of Baltimore City.
(6) “Infrastructure improvement” means adequate storm drainage systems, sewers, water systems, roads, bridges, culverts, tunnels, streets, sidewalks, lighting, surface parking, playgrounds, parks and recreation facilities, libraries, schools, transit facilities, solid waste facilities, buildings devoted to a governmental use or purpose, buildings that are abandoned property or distressed property, buildings that provide units of affordable housing, structured parking facilities that are publicly owned or privately owned, but serve a public purpose, and other infrastructure improvements as necessary for the development and utilization of the land, with respect to any defined geographic region within the City of Baltimore.
(7) “State obligations” means any bonds or bond, notes or note, or other similar instruments or instrument issued by the Maryland Economic Development Corporation, the State of Maryland, or any agency, department, or political subdivision thereof, provided:
(i) such bonds are issued for the purposes specified in subsection (a)(2) of this section;
(ii) a request has been made to the Mayor and City Council of Baltimore by both:
1. the owners of at least two–thirds of the assessed valuation of the real property located within the special taxing district; and
2. at least two–thirds of the owners of the real property located within the special taxing district, provided that multiple owners of a single parcel are treated as a single owner; and a single owner of multiple parcels is treated as one owner; and
(iii) the proceeds of such bonds have been applied in accordance with subsection (d) of this section.
(c) Bond issuance on request.
(1) In addition to other powers the Mayor and City Council of Baltimore may have, and notwithstanding the provisions of any other public law, public general law, or the Baltimore City Charter, the Mayor and City Council of Baltimore may borrow money by issuing and selling bonds for the purpose stated in subsection (a)(2) of this section if a request to the Mayor and City Council of Baltimore is made by both:
(i) the owners of at least two-thirds of the assessed valuation of the real property located within the special taxing district; and
(ii) at least two-thirds of the owners of the real property located within the special taxing district, provided that:
1. multiple owners of a single parcel are treated as a single owner; and
2. a single owner of multiple parcels is treated as one owner.
(2) This section is self-executing and does not require the Mayor and City Council of Baltimore to enact legislation to exercise the powers granted under this section.
(d) Payment of bonds; Application of proceeds.
(1) Bonds shall be payable from the special fund to the extent provided in the authorizing ordinance, as set forth in subsection (e) of this section.
(2) All proceeds received from any bonds issued and sold shall be applied solely to pay the cost of infrastructure improvements, including:
(i) costs of design, construction, establishment, extension, alteration, or acquisition of infrastructure improvements;
(ii) costs of issuing bonds;
(iii) payment of the principal and interest on loans, money advances, or indebtedness incurred by the Mayor and City Council of Baltimore for any of the purposes stated in subsection (a)(2) of this section, including the refunding of bonds previously issued under this section; and
(iv) funding of a debt service reserve fund or payment of interest prior to, during, or for a limited period of time after construction.
(e) Prerequisites for bond issuance.
(1) Before issuing bonds, the Mayor and City Council of Baltimore shall by ordinance:
(i) designate an area or areas as a special taxing district;
(ii) subject to paragraph (2) of this subsection, create a special fund with respect to the special taxing district; and
(iii) provide for the levy of an ad valorem or special tax on all real and personal property within the special taxing district at a rate or amount designed to provide adequate revenues to pay the principal of, interest on, and redemption premium, if any, on the bonds, to replenish any debt service reserve fund, and for any other purpose related to the ongoing expenses of or security for the bonds. Ad valorem taxes shall be levied in the same manner, upon the same assessments, for the same period or periods, and as of the same date or dates of finality as are now or may hereafter be prescribed for general ad valorem tax purposes within the district, and shall be discontinued when all of the bonds have been paid in full. Special taxes shall be levied pursuant to subsection (k) of this section.
(2) The ordinance creating a special fund under paragraph (1)(ii) of this subsection shall:
(i) pledge to the special fund the proceeds of the ad valorem or special tax to be levied as provided under paragraph (1)(iii) of this subsection;
(ii) require that the proceeds from the tax be paid into the special fund;
(iii) provide that assessments and taxes levied within the special taxing district may not be accelerated by reason of bond default; and
(iv) provide that the maximum special assessments, special taxes, or other fees or charges applicable to any individual property may not be increased in the event that other property owners become delinquent in the payment of a special assessment, special tax, or other fee or charge securing special obligation debt issued under this section.
(3)
(i) In lieu of the pledge set forth in paragraph (2)(i) of this subsection, the authorizing ordinance, subject to subparagraph (ii) of this paragraph, may pledge or assign:
1. all or any part of the revenues and receipts from the special taxes to the payment of principal and interest on the bonds; and
2. the special fund and any other fund into which all or any part of such revenues and receipts are deposited after such revenues and receipts are appropriated by the Mayor and City Council of Baltimore to the payment of such principal and interest.
(ii) The revenues and receipts may not be irrevocably pledged to the payment of such principal and interest and the obligation to pay such principal and interest from such revenues and receipts shall be subject to annual appropriation by the Mayor and City Council of Baltimore.
(f) If bonds not outstanding; Termination of district.
(1) When no bonds authorized by this section are outstanding with respect to a special taxing district and the Mayor and City Council of Baltimore by ordinance so determines, moneys in the special fund for that special taxing district created pursuant to subsection (e)(1) of this section may be:
(i) applied as provided in subsection (d) of this section in accordance with the purposes set forth in subsection (a)(2) of this section;
(ii) accumulated for payment of debt service on bonds subsequently issued under this section for any of the purposes described in subsection (a)(2) and whose proceeds are to be applied in accordance with subsection (d) of this section; or
(iii) used to pay or to reimburse the Mayor and City Council of Baltimore for debt service which the Mayor and City Council of Baltimore is obligated to pay or has paid (whether such obligation is general or limited) on any bonds or State obligations.
(2)
(i) The Mayor and City Council of Baltimore may enact an ordinance creating a special fund described in subsection (e)(1)(ii) of this section with respect to a special taxing district, even though no bonds authorized by this section have been issued by the Mayor and City Council of Baltimore with respect to that special taxing district or are then outstanding.
(ii) The taxes allocated to such special fund by subsection (e)(2) of this section shall thereafter be paid over to Such special fund, as long as such ordinance remains in effect.
(3) When no bonds authorized by this section are outstanding with respect to a special taxing district:
(i) the special taxing district shall be terminated; and
(ii) any moneys remaining in the special fund on the date of termination of the special taxing district shall be paid to the general fund of the Mayor and City Council of Baltimore.
(g) Enabling ordinance.
(1) In order to implement the authority conferred upon it by this section to issue bonds, the Mayor and City Council of Baltimore shall enact an ordinance that:
(i) specifies and describes the proposed undertaking and states that it has complied with subsection (e) of this section;
(ii) specifies the maximum principal amount of bonds to be issued;
(iii) specifies the maximum rate or rates of interest for the bonds; and
(iv) agrees to a covenant to levy upon all real and personal property within the special taxing district ad valorem taxes or special taxes in rate and amount at least sufficient in each year in which any of the bonds are outstanding to provide for the payment of the principal of and the interest on the bonds.
(2) The ordinance may specify, or may authorize the Board of Finance by resolution to specify, any of the following as it deems appropriate to effect the financing of the proposed undertaking:
(i) the actual principal amount of the bonds to be issued;
(ii) the actual rate or rates of interest for the bonds;
(iii) the manner in which and the terms upon which the bonds are to be sold;
(iv) the manner in which and the times and places that the interest on the bonds is to be paid;
(v) the time or times that the bonds may be executed, issued, and delivered;
(vi) the form and tenor of the bonds and the denominations in which the bonds may be issued;
(vii) the manner in which and the times and places that the principal of the bonds is to be paid, within the limitations set forth in this section;
(viii) provisions pursuant to which any or all of the bonds may be called for redemption prior to their stated maturity dates;
(ix) provisions establishing sinking funds or debt service reserve funds for the bonds;
(x) provisions pledging other assets and revenues towards the payments of the principal of and interest on the bonds;
(xi) provisions for municipal bond insurance or any other type of financial guaranty of the bonds; or
(xii) any other provisions not inconsistent with this section as shall be determined by the Mayor and City Council of Baltimore to be necessary or desirable to effect the financing of the proposed undertaking.
(3)
(i) Before the ordinance that designates a special taxing district, authorizes the issuance of bonds, or levies ad valorem taxes or special taxes under the provisions of this section may be finally enacted, the Mayor and City Council of Baltimore shall hold a public hearing after giving not less than 10-days notice in a newspaper of general circulation in the City of Baltimore.
(ii) The ordinance enacted pursuant to this subsection, if such bonds constitute debt of the Mayor and City Council of Baltimore under Article XI, § 7 of the Maryland Constitution, shall be submitted to the legal voters of the City of Baltimore at the time and place specified therein. Such ordinance shall become effective only if it is approved by the majority of the votes cast at the time and place specified in such ordinance.
(iii) Except as required by subparagraph (ii) of this paragraph, any ordinance or resolution enacted or adopted in furtherance of the ordinance enacted pursuant to this subsection, the bonds, the designation of a special taxing district, or the levy of a special ad valorem tax or special tax shall not be subject to any referendum.
(iv) The ordinance authorizing the bonds required under this subsection, any ordinance or resolution enacted or adopted in furtherance of the required ordinance, the bonds, the designation of a special taxing district, or the levy of a special ad valorem tax or special tax shall be subject to the request of the landowners as specified under subsection (c)(1) of this section.
(6) The special fund, any sinking fund established to provide for the payment of the principal of or interest on any bonds issued by the Mayor and City Council of Baltimore under the provisions of this section and any proceeds of the sale of any such bonds may be invested by the fiscal officer of the Mayor and City Council of Baltimore having custody of such funds, pending the expenditure thereof, in the manner prescribed under the provisions of Article 95, § 22 of the Annotated Code, as amended, replaced or supplemented from time to time, and any applicable investment policy adopted by the Board of Finance.
(h) Tax exemption.
The principal amount of the bonds, the interest payable on the bonds, their transfer, and any income derived from the transfer, including any profit made in the sale or transfer of the bonds, shall be exempt from taxation by the State and by the counties and municipal corporations of the State.
(i) Form; Tenor; Sale.
(1) All bonds may be in bearer form or in coupon form or may be registrable as to principal alone or as to both principal and interest. Each of the bonds shall be deemed to be a security as defined in § 8-102 of the Commercial Law Article of the Annotated Code, as amended, replaced, or supplemented from time to time, whether or not it is either one of a class or series or by its terms is divisible into a class or series of instruments.
(2) All bonds shall be signed manually or in facsimile by the Mayor of Baltimore, and the seal of the Mayor and City Council of Baltimore shall be affixed to the bonds and attested by the custodian of the city seal, manually or by facsimile. If any officer whose signature or countersignature appears on the bonds ceases to be such officer before delivery of the bonds, the officer's signature or countersignature shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until delivery.
(3) All bonds shall mature not later than 40 years from their date of issuance.
(4)
(5) All bonds shall be sold in the manner, either at public or private sale, and upon the terms as the Mayor and City Council of Baltimore by ordinance (or if authorized in the ordinance authorizing such bonds, the Board of Finance by resolution) deems best. Any contract for the acquisition of property may provide that payment shall be made in bonds.
(j) Bonds as legal investments, etc.
Bonds issued under this section are securities:
(1) in which all public officers and public bodies of the State and its political subdivisions, all insurance companies, state banks and trust companies, national banking associations, savings banks, savings and loan associations, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in the control or belonging to them; and
(2) which may properly and legally be deposited with and received by any State or county officer or any agency or political subdivision of the State for any purpose for which the deposit of bonds or obligations of the State is now or may hereafter be authorized by law.
(k) Special tax.
(1) As an alternative to levying ad valorem taxes under this section, the Mayor and City Council of Baltimore may levy special taxes on property in a special taxing district to cover the cost of infrastructure improvements.
(2) In determining the basis for and amount of the tax, the cost of an infrastructure improvement may be calculated and levied:
(i) equally per front foot, lot, parcel, dwelling unit, or square foot;
(ii) according to the value of the property as determined by the Mayor and City Council of Baltimore, with or without regard to improvements on the property; or
(iii) in any other reasonable manner that results in fairly allocating the cost of the infrastructure improvements.
(3) The Mayor and City Council of Baltimore may provide by ordinance for:
(i) a maximum amount to be assessed with respect to any parcel of property located within a special taxing district;
(ii) a tax year or other date after which no further special taxes under this section shall be levied or collected on a parcel; and
(iii) the circumstances under which the special tax levied against any parcel may be increased, if at all, as a consequence of delinquency or default by the owner of that parcel or any other parcel within the special taxing district.
(4) The Mayor and City Council of Baltimore by ordinance may establish procedures allowing for the prepayment of special taxes under this section and may provide for exemptions, deferrals, and credits.
(5) Special taxes levied under this subsection shall be collected and secured in the same manner as general ad valorem taxes unless otherwise provided in the ordinance or resolution and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for general ad valorem taxes.
(l) Consent of governing body.
Before the Mayor and City Council of Baltimore may designate an area wholly or partly within any county or municipal corporation as a special taxing district, the governing body of such county or municipal corporation must give its consent to the designation.
(m) No pledge of full faith and credit.
Bonds issued under this section are a special obligation of the Mayor and City Council of Baltimore and may not constitute a general obligation debt of the Mayor and City Council of Baltimore or a pledge of the Mayor and City Council of Baltimore's full faith and credit or taxing power.
(n) Required contract disclosures.
A contract to sell real property within a special taxing district must disclose to the buyer any special assessment, special tax, or other fee or charge for which the buyer would be liable due to the special taxing district. A seller's failure to provide the disclosure required under this subsection renders the contract voidable at the option of the buyer before the date of settlement.
(o) Liens on property.
A lien attaches to property within a special taxing district to the extent of that property owners' obligation under any special taxing district financing. Before any bonds are issued, a declaration encumbering all real property located in the special taxing district to the extent of such financing shall be recorded in the land records of Baltimore City and have the same priority as City taxes under State and City law.
(p) City property leased to another.
Whenever the Mayor and City Council of Baltimore, as lessor, leases its property within the special taxing district, the property shall be assessed and taxed in the same manner as privately owned property, and the lease or contract shall provide that the lessee shall pay taxes or payments in lieu of special taxes upon the assessed value of the entire property and not merely the assessed value of the leasehold interest.
(q) Refunding bonds.
(1) The Mayor and City Council of Baltimore, acting by and through the Board of Finance thereof, is hereby authorized and empowered to issue its bonds for the purpose of refunding any bonds authorized to be issued under the provisions of this section by payment at maturity or the purchase or redemption of bonds in advance of maturity. The validity of any refunding bonds shall in no way be dependent upon or related to the validity or invalidity of the bonds being refunded. Such refunding bonds may be issued by the Mayor and City Council of Baltimore, acting by and through the Board of Finance thereof, for the purpose of providing it with funds to pay any of its outstanding bonds authorized to be issued under the provisions of this section at maturity, to purchase in the open market any of its outstanding bonds authorized to be issued under the provisions of this subsection prior to their maturity, to redeem prior to their maturity any outstanding bonds which are, by their terms, redeemable, to pay interest on any outstanding bonds prior to their payment at maturity or purchase or redemption in advance of maturity, or to pay any redemption or purchase premium in connection with the refunding of any of its outstanding bonds authorized to be issued under the provisions of this subsection.
(2) Any refunding bonds authorized to be issued and sold under the provisions of this section may be issued for the public purpose of:
(i) realizing savings to Baltimore City in the aggregate cost of debt service on either a direct comparison or present value basis; or
(ii) debt restructuring that:
1. in the aggregate effects such a reduction in the cost of debt service; or
2. is determined by the Board of Finance or the Mayor and City Council of Baltimore to be in the best interest of Baltimore City, to be consistent with Baltimore City’s long-term financial plan, and to realize a financial objective of Baltimore City, including, without limitation, improving the relationship of debt service to a source of payment such as taxes, assessments, or other charges.
(3) Any refunding bonds authorized to be issued and sold under the provisions of this section may be issued in whatever principal amount shall be required to achieve the purpose for the issuance of the refunding bonds, which amount may be in excess of the principal amount of the bonds refunded or the maximum principal amount of bonds authorized to be issued under subsection (g)(2)(i) of this section.
(4) Any refunding bonds authorized to be issued and sold under the provisions of this section may be issued to mature on such dates and in such amounts as the Board of Finance may determine; provided that the entire principal amount represented by the refunding bonds shall be discharged not more than 40 years from the date of issuance of the bonds being refunded.
(5) Any refunding bonds authorized to be issued and sold under the provisions of this section may be sold at public sale by the solicitation of competitive bids or at private (negotiated) sale without advertisement or solicitation of competitive bids, for a price or prices which may be at, above, or below the par value of the refunding bonds, as determined by resolution of the Board of Finance of the Mayor and City Council of Baltimore. If the Board of Finance determines to sell the refunding bonds at public sale, the refunding bonds shall be sold to the highest responsible bidder or bidders therefor after due notice of such sale, but the Mayor and City Council of Baltimore, acting by and through the Board of Finance thereof, shall have the right to reject any or all bids therefor for any reason.
(6) Any refunding bonds authorized to be issued and sold under the provisions of this section shall bear interest at such rate or rates as may be determined by the Board of Finance of the Mayor and City Council of Baltimore, which rate or rates may be fixed or variable or as determined by a method approved by the Board of Finance, and such interest shall be payable at such time or times as may be determined by the Board of Finance.
(7) The proceeds of the sale of any refunding bonds authorized to be issued and sold under the provisions of this section, after the payment of issuance costs relating thereto, shall be set aside by the Mayor and City Council of Baltimore as a separate trust fund to be used solely for the purposes stated in this subsection.
(8) Except as otherwise provided in this subsection, the powers granted in, the limitations and obligations imposed by, and the procedures specified in this section with respect to the issuance of bonds shall be applicable to the issuance of refunding bonds.
(9) Any refunding bonds authorized to be issued and sold under the provisions of this section shall not be subject to any debt policy limitation that may from time to time be established by the Mayor and City Council of Baltimore.
(r) Powers supplemental.
The powers granted under this section shall be regarded as supplemental and additional to powers conferred by other laws, and may not be regarded as in derogation of any powers now existing.
(s) Liberal construction.
This section, being necessary for the welfare of the City of Baltimore and of its residents, shall be liberally construed to effect the purpose stated in subsection (a)(2) of this section.
(t) In addition to the powers in this section, the Mayor and City Council of Baltimore may use the authority granted to a political subdivision for tax increment financing in a sustainable community as provided for in Title 12, Subtitle 2 of the Economic Development Article of the Annotated Code of Maryland.
(u) In addition to the powers in this section, the Mayor and City Council of Baltimore may use the authority granted to a political subdivision for tax increment financing in a Regional Institution Strategic Enterprise zone as provided for in Title 12, Subtitle 2 of the Economic Development Article of the Annotated Code of Maryland.
(Chs. 530 and 531, Acts of 2014; Ch. 624, Acts of 2013; Ch. 544, Acts of 2008; Ch. 510, Acts of 2005; Ch. 626, Acts of 2001.)
Baltimore City Charter, Article II, § (63) Community Benefits District Authorities.
§ (63). Community Benefits District Authorities.
(a) In general.
(1) To establish, by ordinance, community benefits district management authorities, including the Charles Village Community Benefits District and the Midtown Community Benefits District, within the City to provide services consistent with paragraph (2) of this subsection to the business interests and residents of the proposed district.
(2) To establish community benefits district management authorities to promote and market districts, provide supplemental security and maintenance services, provide amenities in public areas, provide park and recreational programs and functions, and after an authority is established, other services and functions as requested by the authority and approved through an ordinance by the Mayor and City Council.
(3) To provide that community benefits district management authorities shall be proposed by the Board of Estimates of Baltimore City and approved through an ordinance by the Mayor and City Council.
(b) Charles Village Community Benefits District.
(1) The ordinance establishing the Charles Village Community Benefits District Management Authority shall specify and modify the boundaries of the district, but in no event shall the district be outside of the lines, as follows:
(i) on the south, a line beginning at the intersection of the center lines of 20th Street and Howard Street, running east along the center line of 20th Street to the center line of Guilford Avenue; then
(ii) running north along the center line of Guilford Avenue to the center line of 25th Street; then
(iii) running east along the center line of 25th Street to the center line of Loch Raven Boulevard; then running northeast along the centerline of Loch Raven Boulevard to the center line of the tracks of the CSX Railroad (approximately 500 feet north of 25th Street); then
(iv) running west along the center line of the CSX railroad tracks to the center line of Greenmount Avenue; then
(v) running north along the center line of Greenmount Avenue to the center line of Old York Road; then
(vi) running north along the center line of Old York Road to the center line of 43rd Street; then
(vii) running west along the center line of 43rd Street to the center line of Greenmount Avenue; then
(viii) running south along the center line of Greenmount Avenue to the center line of 33rd Street; then
(ix) running west along the center line of 33rd Street to the center line of Charles Street; then
(x) running south along the center line of Charles Street to the center line of 29th Street; then
(xi) running west along the center line of 29th Street to the center line of Howard Street; then running south along the center line of Howard Street to the center line of 26th Street; then
(xii) running west along the center line of 26th Street to the center line of Huntingdon Avenue; then running south along the center line of Huntingdon Avenue to the center line of 25th Street; then
(xiii) running east along the center line of 25th Street to the center line of Howard Street; then
(xiv) running south along the center line of Howard Street to the center line of 24th Street; then
(xv) running west along the center line of 24th Street to the center line of Huntingdon Avenue; then
(xvi) running south along the center line of Huntingdon Avenue to the center line of 23rd Street; then running west along the center line of 23rd Street to the center line of Huntingdon Avenue; then
(xvii) running south along the center line of Huntingdon Avenue to the center line of 21st Street; then
(xviii) running east along the center line of 21st Street to the center line of Howard Street; then
(xix) running south along the center line of Howard Street to the center line of 20th Street (point of origin).
(2) Notwithstanding paragraph (1) of this subsection, the Charles Village Community Benefits District may include properties binding on either side of a street or the CSX railroad tracks where they comprise part of the boundaries under this subsection.
(c) Scope of establishing ordinance.
An ordinance establishing a community benefits district management authority shall address the following:
(1) specify the powers and functions within the limits of this section, which may be exercised and conducted by the Authority and the amount of taxes or charges which may be imposed on properties in the district.
(2) specify the duration of the Authority and define the boundaries of the district.
(3) provide for the imposition and collection of the taxes or charges and for disbursement of the revenue therefrom to the Authority. The financial plan of the Authority, including its annual budget and its tax rate and schedule of charges, shall be subject to approval by the Board of Estimates. Taxes and charges imposed under this paragraph may not exceed those proposed by the Authority.
(4) determine the organization and method of initial appointment of officers and board members of the Authority. The majority of the members of the board shall be owners or representatives of owners of properties in the district that are subject to taxes or charges under this section. A voting member of the board must be eligible to vote in the election under subsection (j) {subsection (k)} of this section.
(5) determine what classes of property in the district owned by public service companies as defined in Article 78 of the Annotated Code of Maryland {now, Public Utility Companies Article} shall be subject to or exempt from taxes or charges under this section.
(d) Powers of Authority.
As provided by ordinance, the Authority may have the power:
(1) to be a special tax district and to conduct the functions which are assigned to it by the City;
(2) to acquire, hold and use property necessary to achieve its purposes;
(3) to make contracts;
(4) to sue and be sued;
(5) to borrow and accept grants for purposes consistent with the purposes of the Authority;
(6) to employ and discharge personnel to carry out its public purposes;
(7) to propose in its annual budget the taxes or charges on properties within the district. Property that is exempt under State law from ordinary property taxes shall be exempt from taxes or charges assessed to support the Authority. Before adopting its proposed budget and making its recommendations to the City, an Authority shall hold a public hearing on taxes or charges proposed for the district. The Authority shall publish notice of the hearing in a newspaper of general circulation in Baltimore City at least once a week for 3 consecutive weeks before the hearing;
(8) to adopt, amend and modify bylaws, all of which shall be subject to the approval of the Board of Estimates;
(9) to establish and elect officers and provide for their terms and duties;
(10) to contract for and purchase goods and services, without being subject to the City requirements regarding wage scales, competitive bidding or other local procurement laws. However, the Authority shall be subject to City ordinances and City policy requiring achievement of goals regarding minority and women’s business enterprises; and
(11) to do all things necessary or convenient to carry out its powers.
(e) Limitations.
An Authority created under this section may not:
(1) exercise any police or general powers other than those authorized by State law and City ordinance;
(2) pledge the full faith or credit of the City;
(3) impose taxes or charges in excess of those approved by the Board of Estimates;
(4) exercise the power of eminent domain;
(5) extend its life without the approval of the City Council;
(6) except as otherwise provided by law, engage in competition with the private sector;
(7) except as otherwise provided in subsection (i) {subsection (j)} of this section, revert charges or taxes collected pursuant to this section to the General Fund of the City;
(8) be an agency of the Mayor and City Council of Baltimore or the State of Maryland{,} and its officers and employees may not act as agents or employees of the Mayor and City Council of Baltimore or the State of Maryland;
(9) employ individuals who reside outside the City of Baltimore; and
(10) except as required or appropriate to facilitate its normal operations, incur debt.
(f) Considerations.
In adopting an ordinance, the City Council shall:
(1) give consideration to the views of the property owners, the retail merchants, the property tenants, and the other members of the business and residential communities within the district;
(2) make a determination that a district created under this section will reflect a diverse mix of business and residential properties; and
(3) make a determination that a district created under this section will reflect a diverse economic, social, and racial mix.
(g) Periodic review — General.
The Mayor and City Council shall review the effectiveness and desirability of continuing the existence of any district established under this section every 4 years from the enactment of the ordinance.
(h) Periodic review — Specific.
(1) The Mayor and City Council shall review and determine the desirability of continuing the existence of each community benefits district established under this section every 4 years:
(i) beginning with the first meeting of the Mayor and City Council in December 2001 for the Charles Village Community Benefits District, Management Authority;
(ii) beginning with the first meeting of the Mayor and City Council in December, 2003 for the Midtown Community Benefits District; and
(iii) beginning 4 years after the date of the establishment of any other community benefits district created under this section.
(2) If the continuing existence of a community benefits district is not approved:
(i) the district shall cease to exist at the end of the City’s fiscal year in which approval was not granted; and
(ii) the District Management Authority shall continue its existence only as long as necessary to terminate operations in a reasonable manner and to arrange for the disposition of all funds not needed to satisfy outstanding obligations and reserves for uncertain obligations and liabilities.
(i) City not to reduce services.
The Mayor and City Council of Baltimore may not permit a reduction in the services provided by the City in a district due to the establishment of a community benefits district management authority.
(j) Dissolution.
In the event of a dissolution of a community benefits district, any unspent funds shall revert back to the City’s General Fund.
(k) Approval by affected voters.
(1) An ordinance adopted pursuant to this section shall take effect only if approved by 58% of the aggregate votes cast in a special election by the affected voters.
(2) The ordinance shall provide criteria for the eligibility of voters for purposes of the election required by this subsection.
(3) The ordinance shall provide procedures for a special election as required in this subsection, which may be administered by write-in ballots.
(Chs. 226 and 227, Acts of 2018; Ch. 475, Acts of 2003; Ch. 89, Acts of 2000; Ch. 655, Acts of 1997; Ch. 10, Acts of 1996; Ch. 3, Acts of 1995; Ch. 732, Acts of 1994.)
Baltimore City Charter, Article II, § (64) “Child First” Authority.
§ (64). “Child First” Authority.
(a) In general.
To establish by ordinance an authority known as “Child First” that uses existing facilities for the purpose of providing recreational, cultural, and other enrichment programs for children.
(b) Nature of Authority.
The Authority established under this section:
(1) is an independent unit of the Baltimore City government;
(2) shall have those powers and duties consistent with the purposes of the Authority, delegated through the ordinance that the City itself could otherwise exercise; and
(3) is exempt from those laws or procedures that would otherwise apply to any unit of the Baltimore City government to the extent exempted by the ordinance.
(c) Powers of Authority.
The Authority established under this section:
(1) shall have a management board and executive director as prescribed in the ordinance adopted under this section;
(2) may sue or be sued;
(3) may acquire, lease, or hold property for the purposes of the Authority;
(4) may incur limited obligation debt that shall be an obligation solely of the Authority if authorized by the ordinance;
(5) may employ staff or contract for any services necessary to carry out the purposes of the Authority;
(6) may adopt bylaws and regulations concerning the operation of the Authority;
(7) may establish fees necessary for the operation of the Authority;
(8) may make contracts of any kind and execute any instrument necessary to carry out the purposes of the Authority;
(9) may accept from any public or private entity grants or other revenue necessary to carry out the purposes of the Authority; and
(10) shall have any additional powers granted under and subject to the ordinance enacted under this section.
(d) City funding and services.
The Mayor and the City Council are authorized to provide funding for the Authority and any services through the City government that are deemed appropriate to assist the Authority in its operations.
(Ch. 642, Acts of 1996.)
Baltimore City Charter, Article II, § (65) Land Bank Authority.
§ (65). Land Bank Authority.
(a) Definitions.
(1) In general.
In this section the following words have the meanings indicated.
(2) Authority”
“Authority” means a nonprofit or quasi-governmental entity created by Baltimore City under subsection (c) of this section.
(3) Board.
“Board” means the Board of Directors of the Authority.
(4) Bond.
(i) “Bond” means a bond issued by the Authority under this subtitle.
(ii) “Bond” includes a bond, a refunding bond, a note, and any other obligation.
(5) Cost.
“Cost” includes:
(i) the purchase price of property;
(ii) the cost to acquire any right, title, or interest in property;
(iii) the cost of any improvements made to property;
(iv) the amount to be paid to discharge each obligation necessary or desirable to vest title to any part of property in the Authority or other owner;
(v) the cost of any property, right, easement, franchise, and permit associated with a project;
(vi) the cost of labor, machinery, and equipment necessary to implement a project;
(vii) financing charges;
(viii) interest and reserves for principal and interest and for improvements;
(ix) the cost of revenue and cost estimates, engineering and legal services, plans, specifications, studies, surveys, and other expenses necessary or incident to determining the feasibility or practicability of a project;
(x) administrative expenses; and
(xi) other expenses as necessary or incident to:
1. financing a project;
2. acquiring and improving a project;
3. placing a project in operation, including reasonable provision for working capital; and
4. operating and maintaining a project.
(6) Finance.
“Finance” includes refinance.
(7) Project.
(i) “Project” means any organized plan carried out by the Authority in relation to:
1. acquiring and rehabilitating abandoned and dilapidated properties; and
2. marketing and leasing or selling the rehabilitated properties.
(ii) “Project” includes:
1. acquiring land or an interest in land;
2. acquiring structures, equipment, and furnishings located on a property;
3. acquiring property that is functionally related and subordinate to a project; and
4. obtaining or contracting for any services necessary for the rehabilitation of a property.
(8) Revenues.
(i) “Revenues” means the income, revenue, and other money the Authority receives from or in connection with a project and all other income of the Authority.
(ii) “Revenues” includes grants, rentals, rates, fees, and charges.
(9) Tax sale property.
“Tax sale property” means property or an interest in property sold by the tax collector of Baltimore City in accordance with Title 14, Subtitle 8, Part III of the Tax - Property Article of the Annotated Code of Maryland.
(10) Trust agreement.
(i) “Trust agreement” means an agreement entered into by the Authority to secure a bond.
(ii) “Trust agreement” may include a bond contract, bond resolution, or other contract with or for the benefit of a bondholder.
(b) Construction of section.
(1) This section shall be liberally construed to accomplish its purposes.
(2) The powers granted to the Authority under this section shall be construed as supplemental and in addition to powers granted to the Authority under any State or local law.
(3) This section does not authorize the Authority to:
(i) exercise the power of eminent domain; or
(ii) levy any tax or special assessment.
(c) Establishment of Authority.
(1) By ordinance, Baltimore City may establish a land bank authority in accordance with this section.
(2) An ordinance adopted under paragraph (1) of this subsection shall include proposed articles of incorporation of the Authority that state:
(i) the name of the Authority, which shall be “Land Bank Authority of Baltimore City”;
(ii) that the Authority is formed under this section;
(iii) the names, addresses, and terms of office of the initial members of the Board of
Directors of the Authority;
(iv) the address of the principal office of the Authority;
(v) the purposes for which the Authority is formed; and
(vi) the powers of the Authority subject to the limitations on the powers of the Authority under this section.
(3)
(i) The Mayor of Baltimore City, or any official designated in the ordinance establishing the Authority, shall execute and file the articles of incorporation of the Authority for recordation with the State Department of Assessments and Taxation.
(ii) When the State Department of Assessments and Taxation accepts the articles of incorporation for recordation, the Authority becomes a body politic and corporate and an instrumentality of Baltimore City.
(iii) Acceptance of the articles of incorporation for recordation by the State Department of Assessments and Taxation is conclusive evidence of the formation of the Authority.
(4)
(i) By ordinance, Baltimore City may adopt an amendment to the articles of incorporation of the Authority.
(ii) Articles of amendment may contain any provision that lawfully could be contained in articles of incorporation at the time of the amendment.
(iii) The articles of amendment shall be filed for recordation with the State Department of Assessments and Taxation.
(iv) The articles of amendment are effective as of the time the State Department of Assessments and Taxation accepts the articles for recordation.
(v) Acceptance of the articles of amendment for recordation by the State Department of Assessments and Taxation is conclusive evidence that the articles have been lawfully and properly adopted.
(5)
(i) Subject to the provisions of this subsection and any limitations imposed by law on the impairment of contracts, Baltimore City, in its sole discretion, by ordinance may:
1. set or change the structure, organization, procedures, programs, or activities of the Authority; or
2. terminate the Authority.
(ii) On termination of the Authority:
1. title to all property of the Authority shall be transferred to and shall vest in Baltimore City; and
2. all obligations of the Authority shall be transferred to and assumed by Baltimore City.
(d) Establishment of Board of Directors.
An ordinance that creates a Land Bank Authority shall establish a Board of Directors to govern the Authority and shall include provisions for:
(1) appointment procedures;
(2) term lengths;
(3) removal procedures;
(4) election of a chair; and
(5) powers of the Board.
(e) Authority’s powers – General.
(1) Except as limited by the Authority’s articles of incorporation, the Authority has all the powers set forth in this section.
(2) The Authority may:
(i) adopt bylaws for the conduct of business of the Authority;
(ii) sue and be sued;
(iii) maintain an office at a place the Authority designates;
(iv) borrow money;
(v) issue bonds and other obligations for any corporate purpose in accordance with this section or an ordinance adopted under this section;
(vi) invest money of the Authority in instruments, obligations, securities, or property;
(vii) enter into contracts and execute the instruments or agreements necessary or convenient to carry out this section or an ordinance adopted under this section to accomplish their purposes;
(viii) solicit and accept gifts, grants, loans, or other assistance in any form from any public or private source, subject to the provisions of this section or any ordinance adopted under this section;
(ix) participate in any way in a program of the federal government, the State, a political subdivision of the State, or an intergovernmental entity created under the laws of the State;
(x) contract for goods and services;
(xi) study, develop, and prepare reports or plans to assist in the Authority’s exercise of powers and to monitor and evaluate the Authority’s progress;
(xii) contract with public or private entities for the provision of services necessary for the management and operation of the Authority;
(xiii) provide acquisition, management, and sale services to Baltimore City for City- owned property;
(xiv) create, own, control, or be a member of a corporation, limited liability company, partnership, or other person, whether operated for profit or not for profit, for the purposes of developing property in order to maximize marketability;
(xv) exercise a power usually possessed by a private corporation in performing similar functions unless to do so would conflict with State law; and
(xvi) do all things necessary or convenient to carry out the powers expressly granted by this section or by an ordinance adopted under this section.
(3) The Authority may delegate to a member or officer a power granted to the Authority by this section, including the power to execute a bond, obligation, certificate, deed, lease, mortgage agreement, or other document or instrument.
(f) Authority’s powers – Acquisition, etc., of real property.
(1) The Authority may:
(i) acquire, directly or through a person or governmental entity, by gift, devise, transfer, exchange, foreclosure, purchase, or otherwise on terms and conditions and in a manner the Authority considers proper, real property or rights or interests in real property;
(ii) own in the Authority’s name property acquired by or conveyed to the Authority by the State, a local government, an intergovernmental agency created under the laws of this State, or any other public or private person, including tax foreclosed property and property without clear title;
(iii) sell, lease as lessor, transfer, and dispose of the Authority’s property or interest in property;
(iv) procure insurance against loss in connection with the property, assets, or activities of the Authority; and
(v) execute deeds, mortgages, contracts, leases, purchases, or other agreements regarding the property of the Authority.
(2) Property purchased, owned, or sold under this subsection may not be located outside of Baltimore City.
(g) Staff and consultants.
The Authority may employ staff and retain consultants as employees or agents that the Authority considers necessary and set their compensation.
(h) Appointment as receiver.
The court may appoint the Authority to serve as a receiver in a receivership proceeding filed by Baltimore City.
(i) Code of ethics; Policies and procedures; Open government.
(1) The Authority shall:
(i) adopt a code of ethics for the Authority’s directors, officers, and employees;
(ii) establish policies and procedures requiring the disclosure of relationships that may give rise to a conflict of interest, including requiring that any member of the Board with a direct or indirect interest in a matter before the Authority disclose the member’s interest to the Board before the Board takes any action on the matter; and
(iii) comply with the State Open Meetings Act under Title 10, Subtitle 5 and Subtitle 6, Part III of the State Government Article of the Annotated Code of Maryland {i.e., the State Open Meetings Act, Title 3 of the State General Provisions Article, and the State Public Information Act, Title 4 of the State General Provisions Article}.
(2) Except as otherwise provided in this section or the ordinance establishing an Authority, the procedures of Baltimore City control any matter relating to the internal administration of the Authority.
(j) Powers at tax sale; Immunities.
(1) The Authority may exercise the powers granted to Baltimore City under §§ 14-825 through 14-831 of the Tax - Property Article of the Annotated Code of Maryland.
(2) The Authority may have the same immunities as Baltimore City.
(k) Property rights.
(1) With respect to property held or owned by the Authority, the Authority may:
(i) grant or acquire a license, easement, or option;
(ii) fix, charge, and collect rents, fees, and charges for use of the property;
(iii) pay taxes or special assessments due;
(iv) take any action, provide any notice, or institute any proceeding required to clear or quiet title in order to establish ownership by and vest title to property in the Authority;
(v) abate violations of the local and State building, fire, health, and related codes; and
(vi) hold, manage, maintain, operate, repair, lease as lessor, secure, prevent the waste or deterioration of, demolish, and take all other actions necessary to preserve the value of the property it holds or owns.
(2) The Authority shall be made a party to, and shall defend any action or proceeding concerning, claims against property held by the Authority.
(l) Property inventory, classification; Recording fee exemption.
(1) Property held by the Authority shall be inventoried and classified according to title status and suitability for use.
(2) A register of deeds in Baltimore City may not charge a fee to record a document evidencing the transfer under this section of property to the Authority by the State or Baltimore City.
(m) Tax delinquent properties.
(1) Following an unsuccessful attempt on the part of Baltimore City to collect outstanding liens at tax sale and subject to the approval of the tax collecting unit of Baltimore City, the Authority may accept from a person with an interest in a parcel of tax delinquent property or tax sale property a deed or assignment conveying that person’s interest in the property instead of:
(i) the foreclosure or sale of the property for delinquent taxes, penalties, and interest, as defined by § 14-80l(c) of the Tax - Property Article of the Annotated Code of Maryland; or
(ii) delinquent specific taxes levied by a local taxing jurisdiction.
(2) Except as otherwise provided by law, conveyance of property by deed instead of foreclosure under this section may not affect or impair any other lien against the property or any existing recorded or unrecorded interest in the property, including:
(i) future installments of special assessments;
(ii) liens recorded by the State;
(iii) easements or rights-of-way;
(iv) private deed restrictions;
(v) security interests and mortgages; or
(vi) tax liens of other taxing jurisdictions that do not consent to a release of their liens.
(3) A tax lien against property held by or under the control of the Authority may be released or abated at any time by one or more of the following:
(i) Baltimore City with respect to a lien held by Baltimore City;
(ii) the governing body of any taxing jurisdiction other than the State, county, or municipal corporation with respect to a lien held by the taxing jurisdiction;
(iii) a public water or sewer authority with respect to a tax lien or right to collect a tax held by the public water or sewer authority; or
(iv) the State Comptroller with respect to a State tax lien.
(n) Money from property redemption or sale.
(1) Money received by the Authority as payment of taxes, penalties, or interest, or from the redemption or sale of property subject to a tax lien of any taxing unit shall be returned to the local tax collecting unit in the jurisdiction where the property is located for distribution on a pro rata basis to the appropriate taxing units in an amount equal to delinquent taxes, penalties, and interest owed on the property.
(2) Proceeds received by the Authority may be retained by the Authority for the purposes of this section, unless otherwise designated by:
(i) this section;
(ii) the provisions of a deed;
(iii) any other law; or
(iv) an agreement of the Authority.
(o) Exemption from taxes or assessments.
(1) Except as provided in paragraph (2) of this subsection, the Authority is exempt from any requirement to pay State or local taxes or assessments on the Authority’s properties, activities, or any revenue from the properties or activities.
(2) Property that the Authority sells or leases to a private entity is subject to State and local property taxes from the time of the sale or lease.
(3) The principal of and interest on bonds, the transfer of bonds, and any income derived from the bonds, including profits made on their sale or transfer, are forever exempt from all State and local taxes.
(p) Civil actions.
(1) The Authority may bring a civil action to prevent, restrain, or enjoin the waste of or unlawful removal of any property from real property held by the Authority.
(2)
(i) The Authority shall be made a party to any action or proceeding instituted for the purpose of setting aside title to property held by the Authority or for the sale of property by the Authority.
(ii) A hearing in any such proceeding may not be held until the Authority is served in accordance with the Maryland Rules.
(q) Public and governmental function and purpose.
(1) Property of the Authority is public property devoted to an essential public and governmental function and purpose.
(2) Income of the Authority is considered to be for a public and governmental purpose.
(r) Local laws.
The Authority is subject to any local:
(1) zoning laws;
(2) permitting processes for construction, demolition, or repair of a property; and
(3) land use controls.
(s) Annual reports.
The Authority shall report annually to the Mayor and City Council of Baltimore City and, in accordance with § 2-1246 of the State Government Article of the Annotated Code of Maryland, the General Assembly on the activities of the Authority.
(t) Power to issue bonds.
(1)
(i) The Authority may periodically:
1. issue bonds to pay all or part of the cost of acquiring or improving property;
2. fund or refund those bonds;
3. purchase bonds with any funds available; and
4. hold, pledge, cancel, or resell bonds.
(ii) By resolution, the Authority may authorize the chair, one of the Authority’s members, or a committee of the members to determine or provide for any matters relating to bonds that the Authority considers appropriate, including:
1. specifying, determining, prescribing, and approving matters, documents, and procedures that relate to the authorization, sale, security, issuance, delivery, and payment of and for the bonds;
2. creating security for the bonds;
3. providing for the administration of bond issues; and
4. taking other actions it considers appropriate concerning the bonds.
(iii) The power granted in subparagraph (ii) of this paragraph is in addition to powers conferred on the Authority by this section and does not limit any power of the Authority under this section.
(iv)
1. Subject to subsubparagraph 2 of this subparagraph, the Authority may authorize the Executive Director to take any of the actions described in subparagraph (ii) of this paragraph.
2. If the Authority authorizes the Executive Director to take any of the actions described in subparagraph (ii) of this paragraph, the Authority shall prescribe limits within which the Executive Director may exercise discretion.
(2) The Authority may issue the bonds at one time or in one or more series from time to time.
(3) For each issue of the Authority’s bonds, the Authority shall pass a resolution that:
(i) specifies and describes the project for which the proceeds of the bond issuance are intended;
(ii) generally describes the public purpose and the financing transaction to be accomplished;
(iii) specifies the maximum principal amount of the bonds that may be issued by the Authority; and
(iv) imposes any terms or conditions on the issuance and sale of the bonds that the Authority considers appropriate.
(4) Subject to any provisions for their registration, bonds are negotiable instruments for all purposes regardless of whether they are payable from a special fund.
(5)
(i) The bonds may be:
1. serial bonds;
2. term bonds; or
3. both in the discretion of the Authority.
(ii) Subject to any delegation under paragraph (l)(ii) of this subsection, the resolution authorizing bonds may provide:
1. the dates of the bonds;
2. the maturity dates of the bonds;
3. the interest rates on the bonds;
4. the time at which the bonds will be payable;
5. the denominations of the bonds;
6. whether the bonds will be in coupon or registered form;
7. any registration privileges of the bonds;
8. the manner of execution of the bonds;
9. the place at which the bonds will be payable; and
10. any terms of redemption of the bonds.
(iii) The bonds shall mature within a period not to exceed 50 years after the date of issue.
(iv) The bonds shall be payable in United States currency.
(6)
(i) The Authority shall sell the bonds at competitive or negotiated sale in a manner and for a price the Authority determines to be in the Authority’s best interests.
(ii) Bonds are exempt from §§ 8-206 and 8-208 of the State Finance and Procurement Article of the Annotated Code of Maryland.
(7) An officer’s signature or facsimile on a bond remains valid even if the officer leaves office before the bond is delivered.
(8) Pending preparation of the definitive bonds, the Authority may issue interim receipts or certificates that will be exchanged for definitive bonds.
(9)
(i) A trust agreement authorizing bonds may contain provisions that are part of the contract with the bondholders.
(ii) The provisions may include:
1. pledging the following to secure payment of bonds, subject to any existing agreements with bondholders:
A. the full faith and credit of the Authority;
B. revenues of a project;
C. a revenue-producing contract the Authority has made with a person or public entity; or
D. the proceeds of the sale of bonds;
2. the rates, rentals, fees, and other charges, the amounts to be raised in each year, and the use and disposition of the revenues;
3. the setting aside of reserves and sinking funds and their disposition;
4. limits on the right of the Authority or the Authority’s agents to restrict and regulate the use of a project;
5. limits on the purpose to which the proceeds of sale of bonds may be applied;
6. limits on issuing additional bonds and refunding bonds and the terms under which additional bonds may be issued and secured;
7. the procedure to amend or abrogate the terms of a contract with bondholders and the requirements for consent;
8. limits on the amount of project revenues to be expended for operating, administrative, or other expenses of the Authority;
9. the acts or omissions that constitute default by the Authority and the rights and remedies of the bondholders in the event of a default;
10. the conveyance or mortgaging of a project and its site to secure the bondholders; and
11. the creation and disposition of a collateral fund for the purpose of securing the bondholders.
(10) The members of the Authority and a person executing the bonds may not be held liable personally on the bonds.
(u) Trust agreements.
(1) The corporate trustee under a trust agreement may be a trust company or a bank that has the powers of a trust company in or outside the State.
(2) An expense incurred in carrying out the trust agreement or a resolution may be treated as part of the cost of the operation of a project.
(v) Authority’s bond determinations conclusive.
Notwithstanding any other provision of this section, in a proceeding involving the validity or enforceability of a bond or the security for a bond, the determination of the Authority under this section is conclusive and binding.
(w) Bonds as securities.
Bonds are securities:
(1) in which any of the following persons may legally and properly invest moniey, including capital that the person owns or controls:
(i) an officer or unit of the State or a political subdivision;
(ii) a bank, trust company, savings and loan association, investment company, or other person conducting a banking business;
(iii) an insurance company, insurance association, or other person conducting an insurance business;
(iv) a personal representative, guardian, trustee, or other fiduciary; and
(v) any other person; and
(2) that may be deposited with and received by a unit of the State or a political subdivision of the State for any purpose for which the deposit of bonds or obligations of the State is authorized by law.
(x) Bonds not debt or liability of State.
(1) A bond is not:
(i) a debt or liability of the State or a political subdivision of the State; or
(ii) a pledge of the faith and credit of the State or a political subdivision of the State.
(2) Each bond shall state on the face of the bond that neither the State nor a political subdivision of the State is obliged to pay the principal of or interest on the bond except from revenues pledged to the payment of the bond.
(3) The issuance of bonds does not directly, indirectly, or contingently obligate the State or its political subdivisions:
(i) to levy or pledge a tax to pay the bonds; or
(ii) to make an appropriation to pay the bonds.
(4) Nothing in this section prohibits the Authority from pledging its full faith and credit in connection with the issuance of bonds.
(y) Authority’s powers related to projects.
(1) The Authority may:
(i) fix and collect rates, rents, fees, and charges related to a project and for the services related to a project; and
(ii) contract with any person or governmental entity to exercise its authority under this subsection.
(2) The rates, rents, fees, and charges established by the Authority under this subsection shall be fixed and adjusted so that the aggregate amount of the rates, rents, fees, and charges from the project, when added to other available money, is sufficient to:
(i) pay for the expenses of the project;
(ii) pay the principal of and the interest on the bonds that the Authority issued for the project as they become due and payable; and
(iii) create and maintain reserves required or provided for in a trust agreement.
(3) The rates, rents, fees, and charges established by the Authority under this subsection are not subject to supervision or regulation by any unit of the State other than the Authority.
(z) Pledge of revenues.
(1)
(i) Any pledge of revenues and other money under subsection (t)(9) of this section is valid and binding from the time the pledge is made.
(ii)
1. The revenue or money that the Authority pledges and receives is subject immediately to the lien of the pledge.
2. Neither physical delivery of the revenue or money nor any other act is required to validate the lien.
(iii) The lien of the pledge is valid and binding against each party with a claim against the Authority in tort, contract, or otherwise, regardless of whether the party has notice of the lien.
(2) The trust agreement and any other agreement or lease creating a pledge under this section need not be filed or recorded, except in the records of the Authority.
(aa) Revenues are trust funds.
(1) Proceeds from the sale of bonds and other revenues received under this section are trust funds to be held and applied solely as provided in this section.
(2)
(i) Each officer, bank, or trust company that receives trust money from the Authority under this section shall act as trustee of the money and shall hold and apply the money for the purposes specified under this section.
(ii) The officer, bank, or trust company holding money is subject to:
1. any regulation adopted under this section; and
2. the resolution authorizing the issuance of bonds or the trust agreement.
(bb) Refunding bonds.
(1)
(i) The Authority may issue bonds to refund outstanding bonds of the Authority, including paying:
1. any redemption premium;
2. interest accrued or to accrue to the date of redemption, purchase, or maturity of the bonds; and
3. if considered advisable by the Authority, any part of the cost of acquiring or improving property as part of a project.
(ii) Refunding bonds may be issued for any corporate purpose, including:
1. realizing savings in the effective costs of debt service, directly or through a debt restructuring; or
2. alleviating a potential or actual default.
(2) A refunding bond that the Authority issues under this subsection shall be issued in the same manner and is subject to this section to the same extent as any other bond.
(3) The Authority may issue refunding bonds in one or more series in an amount greater than the amount of the bonds to be refunded.
(cc) Bond anticipation notes.
(1) The Authority may issue negotiable bond anticipation notes in anticipation of the sale of bonds for any corporate purpose.
(2) Bond anticipation notes issued under this subsection shall be issued in the same manner as bonds.
(3) Bond anticipation notes issued under this subsection and the resolution authorizing them may contain any provisions, conditions, or limitations that may be included in a trust agreement.
(4) The Authority may issue bond anticipation notes to pay any other bond anticipation notes.
(5) Bond anticipation notes shall be paid from:
(i) revenues of the Authority;
(ii) money available and not otherwise pledged; or
(iii) the proceeds of the sale of the bonds in anticipation of which the notes were issued.
(dd) Conveyance of title.
(1) The Authority shall convey title to property relating to a project and release collateral in accordance with this subsection when the following conditions are met:
(i)
1. the principal of and interest on bonds issued to finance the project, including any refunding bonds, have been fully paid and retired; or
2. adequate provision has been made to fully pay and retire the bonds;
(ii) all other conditions of the trust agreement have been satisfied; and
(iii) the lien of the trust agreement has been released.
(2) On satisfaction of the conditions under paragraph (1) of this subsection, the Authority promptly shall execute any deeds, conveyances, releases, and documents and take any other action necessary to convey title to the property and release collateral free of all liens and encumbrances created through the Authority.
(ee) Protection and enforcement of bondholders’, etc., rights,
(1) A bondholder, a holder of any coupons attached to bonds, or a trustee under a trust agreement securing the bonds may sue to:
(i) protect and enforce rights under laws of the State or a trust agreement; and
(ii) enforce and compel the performance of duties by the Authority or its officer, employee, or agent that this section or a trust agreement requires, including fixing and collecting rates, rents, fees, and charges that the trust agreement requires to be fixed and collected.
(2) The rights under this subsection are subject to any trust agreement.
(Ch. 624, Acts of 2009.)
Baltimore City Charter, Article II, § (66) Community Benefits District Authority – East Baltimore.
§ (66). Community Benefits District Authority – East Baltimore.
(a) Definitions.
(1) In general.
In this section the following words have the meanings indicated.
(2) Authority.
“Authority” means the Community Benefits District Authority created in accordance with this section and any ordinance enacted under this section.
(3) Board.
“Board” means the Board of Directors of the Authority.
(4) District.
“District” means a community benefits district created in accordance with this section and any ordinance enacted in accordance with this section.
(5) District taxes.
“District taxes” means the taxes and other charges in the nature of property taxes that are authorized in accordance with this section and any ordinance enacted under this section.
(6) East Baltimore section.
“East Baltimore section” means that portion of Baltimore City generally bounded:
(i) on the west, by the westernmost property line of the properties facing Broadway;
(ii) on the north, by the right–of–way of the railroad corridor used by Amtrak;
(iii) on the east, by the easternmost property line of the properties facing Patterson Park Avenue; and
(iv) on the south, by the middle of Madison Street.
(7) Property tax.
“Property tax” has the same meaning as stated in § 1-101 of the Tax-Property Article of the Annotated Code of Maryland.
(b) Ordinance to establish District and Authority.
Subject to subsection (n) of this section, the City may:
(1) establish, by ordinance, a District within the East Baltimore Section of the City of Baltimore to be a special tax district and to provide services consistent with item (2) of this subsection to the businesses and residents of the proposed district; and
(2) establish, by ordinance, an Authority to:
(i) administer the programs and activities to be conducted by the Authority;
(ii) promote and market the District;
(iii) provide supplemental security and maintenance services;
(iv) provide amenities in public areas;
(v) provide park and recreational programs and functions; and
(vi) provide other services and functions as approved by an ordinance of the Mayor and City Council of Baltimore, provided that the services and functions shall be provided within the District, or, to the extent authorized, within areas adjacent or adjoining to the District.
(c) Elements of ordinance; District taxes.
The ordinance establishing the District and the Authority shall:
(1) specify the name for the District and the Authority;
(2) specify the method for establishing and modifying the boundaries of the District, which may include methods by which:
(i) property owners may petition to be included in the District; and
(ii) property owners, tenants, or residents of blocks or portions of blocks {may?} conduct a referendum to be included in the District;
(3) specify the powers and functions within the limits of this section that may be exercised by the Authority;
(4) authorize the imposition of district taxes as the primary means of support for the District and specify any limits on the district taxes;
(5) specify the duration of the District and the Authority, or the means by which the continuance of the District and the Authority may be the subject of a further ordinance;
(6) provide for the collection of district taxes and for the prompt disbursement of the revenue to the Authority subject to subsection (e) of this section;
(7) determine whether classes and subclasses of property in the District may be established and the extent to which each class or subclass shall be subject to or exempt from district taxes or varying rates of district taxes and the extent to which specific areas of the District may exercise discretion as to the use of district taxes generated by the areas;
(8) specify the method for determining district taxes to be imposed on classes and subclasses of property under this section, including the creation of credits against district taxes to assist low–income families;
(9) specify the extent to which the Authority may provide additional services for a fee either within or outside the District; and
(10) determine the organization and method of initial appointment of officers and board members of the Authority, subject to subsection (f) of this section.
(d) Financial plan required.
(1) The Authority shall establish a financial plan for the District when required by an ordinance enacted under this section.
(2) The financial plan, including its annual budget, district tax rates, and schedule of other fees and charges, shall be subject to approval by the Board of Estimates.
(3) The financial plan may include provisions for allocating resources to the particular needs of the District, including allocations to particular sections of the District or to particular uses within the District.
(e) Public hearing on financial plan; Exemptions from district taxes.
(1) Before adopting its proposed budget and making its recommendations to the City, the Authority shall hold a public hearing on the financial plan proposed for the District.
(2) The Authority shall publish notice of the hearing under paragraph (1) of this subsection in a newspaper of general circulation in Baltimore City at least once a week for 3 consecutive weeks before the hearing.
(3) Property in the District that is exempt under State law from ordinary property taxes shall be exempt from district taxes.
(4) The Authority may request the owners of property exempt from taxes under paragraph (3) of this subsection to voluntarily contribute to the costs of the Authority.
(f) Board of Directors.
(1) The governing body of the Authority shall be the Board of Directors.
(2) Each voting member of the Board shall be an owner, or, when the owner is a corporation, limited liability company, partnership, trust, or any other legal entity, representatives of owners of properties in the District that are subject to district taxes under this section.
(3) An ordinance enacted under this section may establish two or more classes of Board members and may require certain actions to be made subject to the approval of each class of board members.
(g) Powers and duties of Authority.
As provided by an ordinance enacted under this section, the Authority may:
(1) conduct the functions that are assigned to the Authority by the ordinance;
(2) acquire, hold, and use property necessary to achieve the Authority’s purposes;
(3) enter into contracts;
(4) sue and be sued, subject to subsection (h) of this section;
(5) borrow and accept grants;
(6) employ and discharge personnel;
(7) propose in the authority’s annual budget the district taxes in accordance with subsection (e) of this section;
(8) adopt, amend, and modify bylaws, all of which shall be subject to the approval of the Board of Estimates;
(9) establish and elect officers, and provide for terms of office and the duties of the officers;
(10) contract for and purchase goods and services in accordance with subsection (i) of this section; and
(11) do all things necessary or convenient to carry out the Authority’s powers and obligations under this section and the ordinance enacted under this section.
(h) Governmental immunity for Authority and District administrators.
The District, the Authority, the Board, and any administrator of the District shall benefit, to the fullest extent allowable by law, from all provisions of federal, state, and local law limiting the liability of employees, officers, agents, and officials of governmental units.
(i) Application of MBE/WBE Program.
The Authority shall be subject to City ordinances and City policy requiring achievement of goals regarding minority and women’s business enterprises.
(j) Limitations on Authority’s powers and duties.
The Authority may not:
(1) exercise any police or general powers other than those authorized by State law and City ordinance;
(2) pledge the full faith or credit of the City;
(3) impose taxes or charges in excess of those approved by the Board of Estimates;
(4) exercise the power of eminent domain;
(5) engage in competition with the private sector, except as otherwise provided by law, and as necessary to exercise the powers provided for under this section and in any ordinance enacted under this section;
(6) except as otherwise provided in subsection (m) of this section, revert charges or taxes collected in accordance with this section to the General Fund of the City;
(7) be an agency of the Mayor and City Council of Baltimore or the State of Maryland, and its officers and employees may not act as agents or employees of the Mayor and City Council of Baltimore or the State of Maryland;
(8) employ individuals who reside outside the City of Baltimore; and
(9) except as required or appropriate to facilitate its normal operations or to the extent permitted by an ordinance enacted under this section, incur debt.
(k) Prerequisites for establishing District and Authority.
Before enacting an ordinance under this section, the Mayor and City Council of Baltimore shall:
(1) provide for public hearings during which consideration is given to the views of the property owners, retail merchants, property tenants, and other members of the business and residential communities within the proposed district;
(2) make a determination that the proposed district created reflects a diverse mix of business and residential properties; and
(3) make a determination that the proposed district reflects a diverse economic, social, and racial mix among its residents and within the working population employed in the proposed district.
(l) City services not to be reduced.
The Mayor and City Council of Baltimore may not permit a reduction in the services provided by the City in the District due to the establishment of the District or the Authority.
(m) Unspent funds on dissolution.
In the event of a dissolution of the District or the Authority, any unspent funds shall revert back to the City’s General Fund.
(n) Process for approving District and Authority.
(1) An ordinance enacted under this section shall:
(i) establish the process for the approval of the creation of the District and the Authority; and
(ii) provide that until the approval process is conducted and approval is achieved under the process the District and the Authority may not be created, and the ordinance may not become fully effective.
(2) The ordinance may provide:
(i) criteria for the eligibility of voters for purposes of the election required by the ordinance; and
(ii) procedures for a special election required in this subsection, which may be administered by write-in ballots.
(Ch. 645, Acts of 2010.)
Baltimore City Charter, Article II, § (67) Investment in Our Youth (IO-YOUth) Pilot Program.
§ (67). Investment in Our Youth (IO-YOUth) Pilot Program.
(a) Definitions.
(1) In general.
In this section the following words have the meanings indicated.
(2) Employer.
(i) General.
“Employer” has the meaning stated in § 3401 of the internal revenue code.
(ii) Inclusions.
“Employer” includes:
1. the State and its units;
2. a county and its units; and
3. a municipal government in the State.
(3) Nonprofit organization.
“Nonprofit organization” means an organization that is exempt from taxation under § 501 of the Internal Revenue 10 Code.
(4) Program.
“Program” means the Investment in Our Youth (IO–YOUth) pilot program.
(5) Summer.
“Summer” means the period from June 1 to September 30, inclusive, of each year.
(b) Establishment of Program.
(1) The Mayor and City Council of Baltimore may establish an Investment in Our Youth (IO–YOUth) Pilot Program.
(2) The program shall be established as a qualified organization eligible to receive tax–deductible charitable contributions under § 170(c) of the Internal Revenue Code.
(3) The purpose of the Program is to provide summer jobs for youths who are at least 14 years old and not more than 18 years old.
(4) The Program shall provide summer jobs for youths by:
(i) hiring youths to work during the summer for the City of Baltimore; or
(ii) providing grants to nonprofit organizations that will provide summer jobs for youths.
(5) The Mayor and City Council of Baltimore shall establish a committee to carry out the Program.
(6) The Mayor and City Council of Baltimore shall establish a procedure for the disposition of any funds remaining in the Program in the event that the Program is terminated.
(7) To be eligible for a grant from the Program, a nonprofit organization shall:
(i) operate within the City of Baltimore; and
(ii) meet any other requirement established under the Program.
(8) A nonprofit organization that receives a grant from the Program may not use the grant to:
(i) employ youths who do not reside in the City of Baltimore; or
(ii) provide jobs at sites that are located outside of the City of Baltimore.
(c) Tax-deductible contributions.
(1)
(i) Nothing in this paragraph may be construed to require an employer to make a deduction from the wage of an employee.
(ii) On written request of an employee, an employer may make a deduction from the wage of an employee for the benefit of the Program.
(iii) The written request provided by an employee under subparagraph (ii) of this paragraph shall include the amount of the deduction.
(2)
(i) An employer shall:
1. distribute quarterly to the City of Baltimore any funds deducted by the employer from the wage of an employee; and
2. report quarterly to the City of Baltimore the name, address, and other information provided by the employee under subsection (c)(1) of this section.
(ii) The amount of funds distributed to the City of Baltimore under subparagraph (i) of this paragraph shall equal the amount of funds deducted from the wages of employees who have submitted a written request as provided in subsection (c)(1) of this section.
(3)
(i) Except as provided in subparagraph (ii) of this paragraph, the Mayor and City Council of Baltimore shall pay the funds into the special fund established under subsection (d) of this section.
(ii) If the Program has ended, the Mayor and City Council of Baltimore shall follow the procedure for the disposition of funds remaining in the Program as provided under subsection (a)(6) of this section.
(4) The City of Baltimore may receive a direct donation from a person for the benefit of the Program.
(5)
(i) The City of Baltimore shall provide a receipt to:
1. each employee whose information was reported to the City of Baltimore by the employer under paragraph (2) of this subsection; and
2. each person from which the City of Baltimore receives a direct donation under paragraph (4) of this subsection.
(ii) A receipt provided by the City of Baltimore under subparagraph (i) of this paragraph shall include a statement that the amount of the deduction from the employee’s wages or the amount of the donation is tax-deductible under § 170(c) of the Internal Revenue Code.
(d) Special fund.
(1) The Mayor and City Council of Baltimore shall establish a special fund to be used to fund the Program.
(2) The Program shall be funded by:
(i) funds distributed to the City of Baltimore under subsection (c) of this section;
(ii) funds appropriated to the Program by the Mayor and City Council of Baltimore; and
(iii) donations received by the City of Baltimore to be used for the Program.
(3) Funds in the special fund may be used only for funding the Program.
(Ch. 655, Acts of 2012.)
Baltimore City Charter, Article II, § (68) Maryland Public Ethics Law.
§ (68). Maryland Public Ethics Law.
To exercise the power and authority contained in Title 5, Subtitle 8, Part II of the General Provisions Article of the Annotated Code of Maryland.
(Ch. 104, Acts of 2014.)
Baltimore City Charter, Article II, § (69) South Baltimore Gateway Community Impact District Authority.
§ (69). South Baltimore Gateway Community Impact District Authority.
(a) In general.
(1) To establish, by ordinance, the South Baltimore Gateway Community Impact District within the City to provide services consistent with paragraph (2) of this subsection to the business interests and residents of the proposed district.
(2) To establish the South Baltimore Gateway Community Impact District Management Authority to promote and market the District, provide supplemental security and maintenance services, provide amenities in public areas, provide park and recreational programs and functions, and after the Authority is established, other services and functions as requested by the Authority and approved through an ordinance by the Mayor and City Council.
(b) Boundaries.
(1) The ordinance establishing the South Baltimore Gateway Community Impact District Management Authority shall specify and modify the boundaries of the District, but in no event shall the District be outside the lines, as follows:
(i) on the south, a line beginning at the intersection of the city line and the center line of the Patapsco River, running north along the center line of the Patapsco River to Hanover Street; then
(ii) running north along Hanover Street to McComas Street; then
(iii) running east along McComas Street to the center line of Key Highway; then
(iv) running northeast along the center line of Key Highway to the center line of East Fort Avenue; then
(v) running southeast along the center line of East Fort Avenue to the center line of Stevenson Street; then
(vi) running northeast along the center line of Stevenson Street to the center line of Key Highway; then
(vii) running north along the center line of Key Highway to the center line of Light Street; then
(viii) running north along the center line of Light Street to the center line of East Conway Street; then
(ix) running west along the center line of East Conway Street to the center line of South Howard Street; then
(x) running north along the center line of South Howard Street to the center line of West Camden Street; then
(xi) running west along the center line of West Camden Street to the center line of Washington Boulevard; then
(xii) running southwest along the center line of Washington Boulevard to the center line of South Greene Street; then
(xiii) running north along South Greene Street to the center line of West Pratt Street; then
(xiv) running west along the center line of West Pratt Street to the center line of South Martin Luther King Junior Boulevard; then
(xv) running north along the center line of South Martin Luther King Junior Boulevard to the center line of West Lombard Street; then
(xvi) running west along the center line of West Lombard Street to the center line of Scott Street; then
(xvii) running south along the center line of Scott Street to the center line of Pratt Street; then
(xviii) running west along the center line of Pratt Street to the center line of Carey Street; then
(xix) running south along the center line of Carey Street to the center line of the tracks of the Baltimore and Ohio Railroad; then
(xx) running west along the center line of the tracks of the Baltimore and Ohio Railroad to the Gwynns Falls; then
(xxi) running south along the center line of the Gwynns Falls to the center line of Washington Boulevard; then
(xxii) running west along the center line of Washington Boulevard to the center line of Hollins Ferry Road; then
(xxiii) running south along the center line of Hollins Ferry Road to the center line of the tracks of the CSX Railroad; then
(xxiv) running southwest along the center line of the tracks of the CSX Railroad to the city line; then
(xxv) running southeast along the city line to the center line of the Patapsco River (point of origin).
(2) Notwithstanding paragraph (1) of this subsection, the South Baltimore Gateway Community Impact District shall include properties within the Saint Paul, Mount Winans, Lakeland, Cherry Hill, Westport, Carroll Park, Carroll–Camden Industrial Area, Pigtown/Washington Village, Barre Circle, Ridgely’s Delight, Otterbein, Federal Hill, Riverside, South Baltimore, Stadium Area, Spring Garden Industrial Area, Middle Branch/Reedbird Parks, and Westport Neighborhood Statistical Areas according to the 2011 Neighborhood Statistical Areas Map.
(c) Scope of establishing ordinance.
(1) The ordinance establishing the South Baltimore Gateway Community Impact District Management Authority shall address the following:
(i) specify the powers and functions within the limits of this section, which may be exercised and conducted by the Authority and provide that the State fund the Authority with not less than the 50% of the local impact grants from video lottery proceeds that § 9-1A-31(a)(3)(i) of the State Government Article of the Annotated Code of Maryland requires the State to distribute directly to the Authority;
(ii) specify the duration of the Authority and define the boundaries of the District;
(iii) subject to paragraph (2) of this subsection, provide for the disbursement of the revenue from local impact grants to the Authority; and
(iv) subject to paragraph (3) of this subsection, determine the organization and method of initial appointment of officers and board members of the Authority.
(2) The financial plan of the Authority, including its annual budget, shall be subject to approval by the Board of Estimates.
(3)
(i) The board shall consist of not more than 21 members.
(ii) The majority of the members of the board shall be residents of the District.
(iii) The Authority shall be chaired by an individual appointed by the State Senator who represents the legislative district where the video lottery facility is located.
(iv) Subject to subparagraph (vi) of this paragraph, the Authority’s board shall include four members designated by the Speaker of the House.
(v) Subject to subparagraph (vi) of this paragraph, two members of the Authority’s board shall be designated by the State Senator who represents the legislative district where the video lottery facility is located.
(vi) Of the six members designated under subparagraphs (iv) and (v) of this paragraph:
1. at least two members shall be residents of the 40th Legislative District; and
2. at least two members shall be residents of the 46th Legislative District.
(d) Powers of Authority.
(1) The ordinance establishing the South Baltimore Gateway Community Impact District Management Authority may authorize the Authority to:
(i) be a special impact district and to conduct the functions which are assigned to it by the City;
(ii) acquire, hold, and use property necessary to achieve its purposes;
(iii) make contracts;
(iv) sue and be sued;
(v) borrow and accept grants for purposes consistent with the purposes of the Authority;
(vi) employ and discharge personnel to carry out its public purposes;
(vii) subject to paragraph (2) of this subsection, propose in its annual budget the allocation of local impact grants distributed to the Authority;
(viii) adopt, amend, and modify bylaws, all of which shall be subject to the approval of the Board of Estimates;
(ix) establish and elect officers and provide for their terms and duties;
(x) subject to City ordinances and City policy requiring achievement of goals regarding Minority and Women’s Business Enterprises but not to the City requirements regarding wage scales, competitive bidding, or other local procurement laws, contract for and purchase goods and services; and
(xi) do all things necessary or convenient to carry out its powers.
(2)
(i) Before adopting its proposed budget and making its recommendations to the City, the Authority shall hold a public hearing on the allocations proposed for the District.
(ii) The Authority shall publish notice of the hearing on the Website of the Authority for 3 consecutive weeks before the hearing.
(e) Limitations on Authority.
(1) The South Baltimore Gateway Community Impact District Management Authority created under this section may not:
(i) exercise any police or general powers other than those authorized by State law and City ordinance;
(ii) pledge the full faith or credit of the City;
(iii) impose any taxes or charges;
(iv) exercise the power of eminent domain;
(v) extend its life without the approval of the City Council;
(vi) except as otherwise provided by law, engage in competition with the private sector;
(vii) except as provided in subsection (j) of this section, revert local impact grants to the General Fund of the City;
(viii) be an agency of the Mayor and City Council of Baltimore or the State of Maryland;
(ix) employ individuals who reside outside the City of Baltimore; and
(x) except as required or appropriate to facilitate its normal operations, incur debt.
(2) An officer or employee of the South Baltimore Gateway Community Impact District Management Authority created under this section may not act, in the officer’s or employee’s capacity for the Authority, as an agent or employee of the Mayor and City Council of Baltimore or the State of Maryland.
(f) Considerations.
In adopting an ordinance, the City Council shall:
(1) give consideration to the views of the property owners, the retail merchants, the property tenants, and the other members of the business and residential communities within the South Baltimore Gateway Community Impact District; and
(2) make a determination that the South Baltimore Gateway Community Impact District will reflect:
(i) a diverse mix of business and residential properties; and
(ii) a diverse economic, social, and racial mix.
(g) Periodic review – General.
The Mayor and City Council shall review the effectiveness and desirability of continuing the existence of the South Baltimore Gateway Community Impact District established under this section every 4 years from the enactment of the ordinance.
(h) Periodic review – Specific.
(1) The Mayor and City Council shall review and determine the desirability of continuing the existence of the South Baltimore Gateway Community Impact District established under this section every 4 years beginning 4 years after the date of the establishment of the District.
(2) If the continuing existence of the South Baltimore Gateway Community Impact District is not approved:
(i) the District shall cease to exist at the end of the City’s fiscal year in which approval was not granted; and
(ii) the South Baltimore Gateway Community Impact District Management Authority shall continue its existence only as long as necessary to terminate operations in a reasonable manner and to arrange for the disposition of all funds not needed to satisfy outstanding obligations and reserves for uncertain obligations and liabilities.
(i) City not to reduce services.
The Mayor and City Council may not permit a reduction in the services provided by the City in the South Baltimore Gateway Community Impact District due to the establishment of the South Baltimore Gateway Community Impact District Management Authority.
(j) Dissolution.
In the event of a dissolution of the South Baltimore Gateway Community Impact District, any unspent funds shall revert back to the City’s General Fund.
(Ch. 751, Acts of 2018; Ch. 314, Acts of 2016.)
Baltimore City Charter, Article II, § (70) Tourism Improvement District.
§ (70). Tourism Improvement District.
(a) Definitions.
(1) In this section the following words have the meanings indicated.
(2) “Association” means an existing private nonprofit destination marketing organization that promotes tourism to Baltimore City and the convention center in order to increase the number of visitors to the City that is designated as the Tourism Improvement District Association in accordance with this section and any ordinance enacted in accordance with this section.
(3) “Board” means the Board of Directors of the Association.
(4) “Business” means a hotel as defined in the Baltimore City Code.
(5) “District” means a Tourism Improvement District created in accordance with this section.
(6) “District special assessment” means a special assessment that is authorized under this section and any ordinance enacted in accordance with this section.
(b) Establishment by ordinance.
Subject to subsection (m) of this section, the City may enact an ordinance to:
(1) establish a Tourism Improvement District to support marketing, sales, and other promotional programs and activities to increase tourism in the District or specifically benefit those participating businesses against which a district special assessment is made; and
(2) designate an existing private nonprofit entity as the Association to:
(i) administer the District programs and activities;
(ii) promote and market the District; and
(iii) provide other services and functions as approved By an ordinance of the Mayor and City Council of Baltimore, provided that the services and functions shall be provided within the District, or, to the extent authorized, within areas adjoining or adjacent to the District.
(c) Scope of ordinance – In general.
The ordinance establishing the District and designating the Association shall:
(1) specify the name for the District and the Association;
(2) specify the method for establishing and modifying the boundaries of the District, which may include methods by which:
(i) business owners may petition to be included in the District; and
(ii) business owners may conduct a referendum to be included in the district;
(3) specify the powers and functions within the limits of this section that may be exercised by the Association;
(4) authorize the imposition of district special assessments levied on businesses within the District as the primary means of support for the District and specify any limits on the district special assessments;
(5) specify the duration of the District and the power of the Association to act, or the means by which the continuance of the District may be the subject of a further ordinance;
(6) provide for the collection of district special assessments and for the prompt disbursement of the revenue to the association;
(7) determine whether classes and subclasses of businesses in the District may be established and the extent to which each class or subclass shall be subject to or exempt from district special assessments or varying rates of district special assessments and the extent to which specific areas of the District may exercise discretion as to the use of district special assessments generated by the areas;
(8) specify the method for determining district special assessments to be imposed on classes and subclasses of businesses under this section;
(9) specify the extent to which the Association may provide additional services for a fee either within or outside the District; and
(10) specify the criteria for representation on the Association’s Board of Directors or district management committee, subject to subsection (f) of this section.
(d) Financial plan – In general.
(1) The Association shall establish a financial plan for the District when required by an ordinance enacted under this section.
(2) The financial plan, including the District’s annual budget and district special assessments, shall be subject to approval by the Board of Estimates.
(3) The financial plan may include provisions for allocating resources to the particular needs of the District, including allocations to particular sections of the District or to particular uses within the District.
(e) Financial plan – Public hearing.
(1) Before adopting its proposed budget and making its recommendations to the City, the Association shall hold a public hearing on the financial plan proposed for the District.
(2) The Association shall publish notice of the hearing under paragraph (1) of this subsection in a newspaper of general circulation in Baltimore City at least once a week for 3 consecutive weeks before the hearing, and provide an opportunity to submit public testimony to the Association.
(f) Board of Directors.
(1) The governing body of the Association shall be the Board of Directors.
(2) A majority of the voting members of the Board or members of the committee managing the District funds shall be owners, or, when the owner is a corporation, limited liability company, partnership, trust, or any other legal entity, representatives of the owners of a business in the District that is subject to district special assessments under this section.
(3) An ordinance enacted under this section may require the establishment of an Association committee to manage the District funds and may require certain actions to be made subject to the approval of the committee.
(g) Powers of Association.
As provided by an ordinance enacted under this section, the Association may:
(1) conduct the functions that are assigned to the Association by the ordinance;
(2) acquire, hold, and use property necessary to achieve the District’s purposes;
(3) enter into contracts for the provision of District services;
(4) sue and be sued, subject to subsection (h) {sic} of this section;
(5) borrow and accept grants;
(6) employ and discharge personnel;
(7) propose, in the District’s annual budget, the district special assessments in accordance with subsection (d) of this section;
(8) adopt, amend, and modify bylaws, all of which shall be subject to the approval of the Board of Estimates;
(9) establish and elect officers, and provide for the terms of office and the duties of the officers;
(10) contract for and purchase goods and services in accordance with subsection (h) of this section; and
(11) do all things necessary or convenient to carry out the purposes of the District under this section and the ordinance enacted under this section.
(h) Compliance with goals for minority and women’s business enterprises.
The Association shall be subject to City ordinances and City policy requiring achievement of goals regarding minority and women’s business enterprises.
(i) Limitations.
The Association may not:
(1) exercise any police or general powers other than those authorized by State law and City ordinance;
(2) pledge the full faith or credit of the city;
(3) impose district special assessments in excess of those approved by the Board of Estimates;
(4) exercise the power of eminent domain;
(5) revert charges or district special assessments collected in accordance with this section to the General Fund of the City; or
(6) be an agency of the Mayor and City Council of Baltimore or the State of Maryland, and its officers and employees may not act as agents or employees of the Mayor and City Council of Baltimore or the State of Maryland.
(j) Public hearings; Considerations.
Before enacting an ordinance under this section, the Mayor and City Council of Baltimore shall:
(1) provide for public hearings during which consideration is given to the views of the business owners that will be subject to district special assessments within the proposed District; and
(2) make a determination that the proposed District created includes those businesses that will benefit from District services.
(k) City not to reduce existing funding.
To the extent of their authority, the Mayor and City Council of Baltimore may not permit a reduction in existing funding provided by the City in the District due to the establishment of the District or the designation of the Association.
(l) Dissolution.
In the event of a dissolution of the District or the Association, any unspent funds shall be refunded to the business owners by applying the same method and basis that was used to calculate the district special assessments that were levied.
(m) Scope of ordinance – Establish approval process.
(1) An ordinance enacted under this section shall:
(i) establish the process for the approval of the creation of the District and the designation of the Association; and
(ii) provide that, until the approval process is conducted and approval is achieved under the process, the district may not be created, and the ordinance may not become fully effective.
(2) The ordinance may provide:
(i) criteria for the eligibility of voters for purposes of the election required by the ordinance; and
(ii) procedures for a special election required in this subsection, which may be administered by write-in ballots.
(Chs. 641 and 642, Acts of 2018.)
Baltimore City Charter, Article II, § (71) Commission to Restore Trust in Policing.
§ (71). Commission to Restore Trust in Policing.
(a) Definitions.
(1) In this section the following words have the meanings indicated.
(2) “Commission” means the Commission to Restore Trust in Policing.
(3) “Police Department” means the Baltimore Police Department.
(4) “Task Force” means the Baltimore Police Department’s Gun Trace Task Force.
(b) Commission established.
There is a Commission to Restore Trust in Policing.
(c) Members.
(1) The Commission consists of the following members:
(i) two individuals appointed by the President of the Senate;
(ii) two individuals appointed by the Speaker of the House; and
(iii) two individuals appointed by the Governor.
(2) Four members of the Commission shall possesses a Juris Doctor and have litigation experience.
(3) Three members of the Commission shall be Baltimore City residents.
(d) Chair.
The Governor, the President of the Senate, and the Speaker of the House shall jointly appoint and designate the Chair of the Commission.
(e) Staff.
The Department of Legislative Services shall provide staff for the Commission.
(f) Compensation; Expenses.
A member of the Commission:
(1) may not receive compensation as a member of the Commission; but
(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(g) Duties.
The Commission shall:
(1) review the operation of the Task Force, including:
(i) the Task Force’s establishment, personnel, and oversight;
(ii) investigations and cases handled by the Task Force;
(iii) any federal criminal investigations and cases relating to the Task Force and its members; and
(iv) any violations of existing departmental policies and procedures related to the conduct of the Task Force;
(2) utilize various methods of investigation and information gathering, including reviewing of transcripts or other sworn testimony, collecting and analyzing documents, interviewing of witnesses through subpoena or other means, and any other reasonable means;
(3) with consideration of the Commission’s findings and the 2017 Federal Consent Decree between Baltimore City, the Police Department, and the U.S. Department of Justice, make recommendations regarding:
(i) whether a reorganization of the Police Department is warranted and, if so, options for reorganization;
(ii) best practices regarding the establishment and oversight of specialized units, similar to the Task Force, within law enforcement agencies;
(iii) Ongoing State and City oversight of the Police Department;
(iv) whether there exist any legal impediments to the Police Department effectively managing and disciplining sworn officers; and
(v) any other matters relating to the Commission’s findings.
(h) Public information; exceptions.
(1) Except as provided under the Public Information Act and the Open Meetings Act, the proceedings, testimony, and any other evidence before the commission are public information.
(2) Members of the Commission and staff to the Commission may not be required to sign a confidentiality agreement to receive documents or files, including personnel files, properly subpoenaed in accordance with this section.
(i) Hearings.
The Commission may:
(1) conduct hearings;
(2) administer oaths and affirmations;
(3) issue process to compel the attendance of witnesses and the production of evidence; and
(4) require a person to testify and produce evidence.
(j) Subpoenas.
(1) A subpoena may be served in the same manner as one issued by a circuit court.
(2) The Commission may immediately report the failure of a person to obey a lawfully served subpoena to the circuit court of the county having jurisdiction.
(3) The Commission shall provide a copy of the subpoena and proof of service to the circuit court.
(4) After conducting a hearing at which the person who allegedly failed to comply with a subpoena has an opportunity to be heard and represented by counsel, the court may grant appropriate relief.
(k) Right to attorney.
(1) A person may have an attorney present during any contact with the Commission.
(2) The Commission shall advise a person of the right to counsel when a subpoena is served.
(l) Preliminary report.
On or before December 31, 2018, the Commission shall submit a preliminary report of its initial findings, conclusions, and recommendations to the Governor and, in accordance with § 2-1246 of the State Government Article, the General Assembly.
(m) Final report.
On or before December 31, 2020, the Commission shall submit a final report of its findings, conclusions, and recommendations to the Governor and, in accordance with § 2-1246 of the State Government Article, the General Assembly.
(Chs. 459 and 460, Acts of 2019; Ch. 753, Acts of 2018.)
Baltimore City Charter, Article II (introductory text) Introductory text
Article II General Powers
The Mayor and City Council of Baltimore shall have full power and authority to exercise all of the powers heretofore or hereafter granted to it by the Constitution of Maryland or by any Public General or Public Local Laws of the State of Maryland; and in particular, without limitation upon the foregoing, shall have power by ordinance, or such other method as may be provided for in its Charter, subject to the provisions of said Constitution and Public General Laws:
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/charter/IIFetched: 10/25/2026