Baltimore City Parking Authority

Baltimore City Code art. 31, subtit. 13

in effect

Baltimore City Code, Article 31, § 13-1 Definitions.

§ 13-1. Definitions. (a) In general. In this subtitle, the following words have the meanings indicated. (b) Acquire. “Acquire” means to obtain by gift, purchase, lease, devise, or other legal means. (c) Authority. “Authority” means the Baltimore City Parking Authority. (d) Board. “Board” means the Board of Directors of the Authority. (e) Borrowings. (1) “Borrowings” means the financing of capital needs by the Authority through revenue bonds or any other form of financing authorized by law. (2) “Borrowings” includes: (i) revenue bonds or notes; (ii) obligations issued in anticipation of revenue bonds or notes; (iii) certificates of participation; (iv) conditional purchase agreements; (v) purchase money instruments; and (vi) any other instrument delivered by the Authority to evidence a borrowing of funds. (f) Contract. “Contract” means any written note, bond, mortgage, indenture, lease, sublease, license, contract, agreement, instrument, financial arrangement, obligation, or other legally binding commitment. (g) Demand management strategies. “Demand management strategies” means measures used to control and reduce the demand for existing and new parking facilities. (h) Develop. “Develop”, when used in connection with a parking project, means to plan, design, construct, improve, expand, renovate, rehabilitate, equip, furnish, or convert property to create a parking project, either directly by the Authority or through the use of other persons. (i) Enabling Act. “Enabling Act” means the State Parking Authorities Act, codified at Article 41, Title 14, Subtitle 3 of the Maryland Code, as amended from time to time. (j) Operate. “Operate”, when used in connection with a parking project, means to maintain, manage, repair, improve, expand, alter, modify, regulate, or otherwise control the operation of the parking project, either directly by the Authority or through the use of other persons. (k) Parking Project. “Parking Project” means all or part of any property in the City that the Authority is authorized to acquire, develop, or operate under the Enabling Act and this subtitle. (l) Person. (1) In general. “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Inclusion of governmental entities. Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person”also includes a governmental entity or an instrumentality or unit of a governmental entity. (m) Property. “Property” includes: (1) any real or personal property, tangible or intangible; and (2) any interest in real or personal property, including any franchise, license, or easement. (n) Public Bonds. “Public Bonds” means any borrowing evidenced by the issuance of bonds, notes, certificates, or other instruments that are sold or structured for sale to retail purchasers of municipal or public obligations and that are typically accompanied by the preparation of a prospectus, offering statement, or similar disclosure document. (Ord. 22-125; Ord. 00-071.)

Baltimore City Code, Article 31, § 13-2 Construction.

§ 13-2. Construction. This subtitle and the powers granted under it must be broadly interpreted to allow the Authority to achieve the purposes of: (1) the Enabling Act; and (2) this subtitle. (Ord. 00-071.)

Baltimore City Code, Article 31, § 13-3 Authority established; purposes.

§ 13-3. Authority established; purposes. (a) Authority established. There is a Baltimore City Parking Authority, established under the Enabling Act as a body corporate and politic. (b) Corporate powers. The Authority may: (1) sue and be sued; and (2) adopt, use, and alter at will a corporate seal. (c) Purposes. The Authority is created for the purposes set forth in the Enabling Act. (Ord. 00-071.)

Baltimore City Code, Article 31, § 13-4 General powers.

§ 13-4. General powers. (a) In general. (1) The Authority may exercise any of the following powers, either singly or in any combination, in each instance to the extent the Board determines is necessary or convenient to achieve the purposes of the Authority. (2) The powers enumerated in this section are in addition to any other powers or authorizations specifically granted to the Authority by law. (b) Acquisition of property. The Authority may acquire property: (1) to develop parking projects; or (2) otherwise as necessary or desirable for carrying out its purposes. (c) Acquisition of projects. The Authority may acquire already-existing parking projects. (d) Funding, development, or construction of projects. (1) The Authority may fund, develop, or construct parking projects. (2) The final design of any parking structure that the Authority funds, develops, or constructs is subject to the approval of the Planning Commission. (e) Operation of projects. The Authority may operate the parking projects that it acquires or develops. (f) Use of projects. The Authority may: (1) contract with any person for the use, by persons other than the Authority, of all or part of any parking project; and (2) subject to the approval of the Board of Estimates, set the rates, tolls, rents, fees, charges, or other financial or non-financial impositions for any parking project. (g) Disposition of property. To the extent permitted by the Enabling Act, the Authority may sell or otherwise transfer to the City or other persons its interest in any property or parking project. (h) Contracts. (1) The Authority may enter into contracts necessary or convenient to the exercise of its powers. (2) The Authority’s contracts are not subject to Article VI, § 11 of the City Charter. (3) However, any contract involving an expenditure of $25,000 or more is subject to the approval of the Board of Estimates. (i) Research and studies. The Authority may: (1) conduct research and studies relating to parking and demand management strategies, including the preparation of short-term or long-terms plans; and (2) contract with persons to assist in these studies and plans. (j) Grants. The Authority may accept grants from any governmental entity, including the State and the City, or any political subdivision of the State, and from any other person. (k) Bylaws. The Authority may adopt bylaws for the management and regulation of its affairs. (l) Rules and regulations. (1) Subject to the approval of the Board of Estimates, the Authority may adopt rules and regulations governing the operation and use of its parking projects. (2) A copy of all rules and regulations must be filed with the Department of Legislative Reference before they take effect. (m) General. The Authority may do all other acts and things necessary or convenient to carry out the powers granted by this subtitle or by any other law. (n) Exemptions. To the extent not specifically made subject to laws and procedures that otherwise apply to units of the City government, the Authority is exempt from those laws and procedures. (Ord. 18-208; Ord. 06-253; Ord. 00-071.)

Baltimore City Code, Article 31, § 13-5 Management of City operations.

§ 13-5. Management of City operations. (a) Scope. The functions authorized by this section may be exercised as necessary or appropriate to improve efficiency and maximize revenues, subject, however, to the limitations of applicable State and local laws and existing contractual obligations of the City. (b) In general. Subject to the limitations specified in subsection (a) of this section, the City and the Authority may contract for the Authority’s undertaking any 1 or more of the following functions: (1) operation of 1 or more parking projects owned or controlled by the City; (2) installation and maintenance of City parking meters; (3) enforcement of City parking ordinances and regulations; and (4) otherwise managing part or all of the City’s parking operations. (c) Management and operations plan and report. (1) At least 45 days before it assumes any new function or any new part of a function under this section, the Authority must submit a written management and operations plan to the City Council and the Board of Estimates. (2) As long as the Authority is performing any function under this section, the Authority must submit an annual written report to the City Council and the Board of Estimates on its management and operations under this section. (Ord. 00-071.)

Baltimore City Code, Article 31, § 13-6 Limitations.

§ 13-6. Limitations. (a) In general. The Authority is not an agency of the Mayor and City Council of Baltimore, and its officers and employees are not agents or employees of the Mayor and City Council of Baltimore. (b) In particular. The Authority: (1) may not pledge the full faith and credit of the City or otherwise obligate the City to any borrowing or contract; (2) does not have any taxing authority; (3) may not exercise the power of eminent domain; and (4) may not issue any public bonds. (c) City to be held harmless. The Authority must indemnify and hold harmless the Mayor and City Council of Baltimore and its officers, agents, and employees against all acts, conditions, damages, suits, claims, and liabilities arising out of or in connection with any activities of the Authority or of its Board, Executive Director, officers, agents, or employees. (Ord. 00-071.)

Baltimore City Code, Article 31, § 13-7 Board of Directors — In general.

§ 13-7. Board of Directors — In general. (a) Established. (1) The powers of the Authority are exercised by a Board of Directors. (2) The Board consists of 5 members, of which: (i) 4 are appointed by the Mayor and confirmed by the City Council; and (ii) 1 is a member of the City Council appointed by the City Council President. (b) Qualifications. (1) Each member of the Board must be: (i) a resident of Baltimore City; and (ii) a person of ability, experience, and integrity. (2) At least 1 member of the Board must have mass transit involvement. (c) Term. (1) The term of a member is 3 years. (2) The terms of the members are staggered as required by the terms provided for the members first appointed to the Board. (d) Vacancies. (1) At the end of a term, a member continues to serve until his or her successor is appointed and qualifies. (2) A member who is appointed after a term has begun serves only for the rest of the term and until his or her successor is appointed and qualifies. (3) Members may be appointed to succeed themselves. However, a member may not serve more than 2 consecutive full terms. (e) Removal. The Mayor or City Council President, as the case may be, may remove at will any member of the Board appointed by him or her. (f) Compensation; expenses. The members of the Board: (1) serve without compensation; but (2) are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Board’s rules governing expenses. (Ord. 16-503; Ord. 00-071.)

Baltimore City Code, Article 31, § 13-8 Board of Directors — Officers; staff; delegation.

§ 13-8. Board of Directors — Officers; staff; delegation. (a) Officers. (1) The Mayor designates the Chair of the Board. (2) From among its members, the Board must select a treasurer, a secretary, and any other officers that the Board determines. (b) Staff. (1) The Board must select an executive director, as provided in § 13-10 of this subtitle. (2) The Board may: (i) employ attorneys, accountants, technical experts, agents, and employees, permanent or temporary, as the Board requires; (ii) determine their qualifications and duties; and (iii) fix their compensation. (c) Delegation. The Board may delegate to one or more of its agents or employees any of the Board’s powers that the Board considers necessary to carry out this subtitle. (d) No personal liability. No member of the Board may be held personally liable for the obligations of the Authority, and the rights of creditors may be exercised solely against the Authority. (Ord. 00-071.)

Baltimore City Code, Article 31, § 13-9 Board of Directors — Quorum; open meetings; public records.

§ 13-9. Board of Directors — Quorum; open meetings; public records. (a) Quorum. Three members of the Board constitute a quorum. (b) Open meetings. All meetings of the Board must be conducted in accordance with the State Open Meetings Act, Title 3 of the State General Provisions Article. (c) Public records. All records of the Authority must be open to public inspection in accordance with the State Public Information Act, Title 4 of the State General Provisions Article. (Ord. 16-503; Ord. 00-071.)

Baltimore City Code, Article 31, § 13-10 Executive Director.

§ 13-10. Executive Director. (a) Chief Administrative Officer. The Executive Director is the chief administrative officer of the Authority. (b) Qualifications; tenure. (1) The Executive Director may not be a member of the Board. (2) The Executive Director serves at the pleasure of the Board. (3) Any employment contract with the Executive Director may not exceed 3 years, but may be renewed up to 3 years at a time by agreement between the Board and the Executive Director. (c) Duties. In addition to any other rights, powers, and duties granted by the Board, the Executive Director: (1) supervises and manages the day-to-day operations of the Authority and its employees and contractors; (2) prepares the Authority’s various plans and reports for review and approval by the Board; (3) implements the approved financial plan and arranges for the collection, deposit, and disbursement of all charges and revenues of the Authority; and (4) establishes the procedures and processes needed to perform the functions called for under the financial plan. (Ord. 00-071.)

Baltimore City Code, Article 31, § 13-11 Financial plan; annual report.

§ 13-11. Financial plan; annual report. (a) Fiscal year. The Authority’s fiscal year is the same as the City’s fiscal year. (b) Annual plan required. (1) Annually, the Board of Directors must develop and, subject to the approval of the Board of Estimates, adopt a financial plan for the ensuing fiscal year. (2) The financial plan for each fiscal year: (i) must contain the Authority’s proposed plan for both operations and capital expenditures in that fiscal year; and (ii) may include a narrative of initiatives to be undertaken by the Authority in its effort to develop parking projects and demand management strategies. (c) Submission of proposed plan to Board of Estimates. At least 2 months before the start of a new fiscal year, the Board of Directors must submit its proposed financial plan and all background material to the Board of Estimates for its review and approval. (d) Annual report. Within 6 months after the end of each fiscal year, the Authority must publish and make available to the public an annual report that summarizes, in a non-technical, readable format: (1) the Authority’s activities during the preceding fiscal year; (2) the Authority’s future plans ; and (3) the Authority’s consideration and use of demand management strategies and the effectiveness of those strategies in reducing the need for new parking. (Ord. 00-071.)

Baltimore City Code, Article 31, § 13-12 Deposit of funds; audits and examinations; financial statement.

§ 13-12. Deposit of funds; audits and examinations; financial statement. (a) Deposits. The Authority’s treasurer must deposit and invest all moneys received by the Authority in one or more financial institutions, consistent with the requirements of State Code Article 95, § 22F {“Local government investment guidelines”}. (b) Audits. (1) The Authority must: (i) maintain adequate books and records; and (ii) within 90 days after the end of each fiscal year, prepare audited financial statements in accordance with generally accepted governmental accounting principles. (2) A copy of the audited financial statements must be delivered to the Mayor, the President of the City Council, and the Board of Estimates. (c) Examination by Board of Estimates. The Board of Estimates may examine, at any time, the Authority’s books, accounts, and records. (Ord. 00-071.)

Baltimore City Code, Article 31, § 13-13 Tax exemption.

§ 13-13. Tax exemption. To the fullest extent permitted under the Enabling Act, all of the Authority’s property is exempt from taxation of every kind and nature whatsoever. (Ord. 00-071.)

Baltimore City Code, Article 31, § 13-14 Borrowing.

§ 13-14. Borrowing. (a) In general. (1) Subject to the requirements of this section, the Authority may engage in borrowings in furtherance of its purposes and powers. (2) No borrowing may involve the issuance by the Authority of any public bonds. (b) Security for a borrowing. The Authority may secure any borrowing to the fullest extent permitted by the Enabling Act. (c) Required approvals. (1) Each borrowing must be approved by resolution of the Authority’s Board of Directors in accordance with the procedures in the Enabling Act for the approval of revenue bonds. (2) Each borrowing must also be approved by the Board of Estimates and the Board of Finance, which approval must specify all material matters with respect to the borrowing (e.g., issue date, maturity, interest rate, terms, form, denominations, manner of execution, place of payment, redemption, refunding, and security provided). (Ord. 00-071.)

Baltimore City Code, Article 31, § 13-15 Compliance with other City laws and regulations.

§ 13-15. Compliance with other City laws and regulations. (a) Building, zoning, and similar requirements. Any parking project developed by the Authority must be built under the laws, rules, and regulations of the City. The Authority must obtain all building, zoning, and other similar permits, where required, and must pay all applicable permit fees. (b) Historical and architectural preservation. For any parking project on or proposed for a site that is located within an Historical and Architectural Preservation District or that is on the Landmark List or Potential-Landmark List, the Authority must comply with all requirements of City Code Article 6 {“Historical and Architectural Preservation”}. (c) Minority and Small Business Opportunity Program. The Authority is subject to and must comply with the City’s Minority and Small Business Opportunity Program. (Ord. 15-408; Ord. 00-071.)

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/code/31/13Fetched: 10/25/2026