<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="Charter of Baltimore City">
  <container prefix="Article" num="I" heading="General Provisions">
    <section prefix="§" num="1" heading="Corporate entity.">
      <text>The inhabitants of the City of Baltimore are a corporation, by the name of the “Mayor and City Council of Baltimore,” and by that name shall have perpetual succession, may sue and be sued, may purchase and hold real, personal and mixed property and dispose of the same for the benefit of the City, as herein provided, and may have and use a common seal, which may be altered at pleasure.</text>
    </section>
    <section prefix="§" num="2" heading="Definitions.">
      <text>As used in this Charter, unless the context otherwise requires:</text>
      <para num="(a)" heading="City.">“City” means the Mayor and City Council of Baltimore, the body corporate as established by &lt;cite data-path="I|§1"&gt;Section 1 of this Article I&lt;/cite&gt;.</para>
      <para num="(b)" heading="Voter.">“Voter” means any person whose name appears on the election records kept by the Board of Supervisors of Elections of Baltimore City, as a qualified voter in the City.</para>
      <para num="(c)" heading="Charter.">“Charter” means this Charter, composed of Articles &lt;cite data-path="I"&gt;I&lt;/cite&gt; to &lt;cite data-path="IX"&gt;IX&lt;/cite&gt;, inclusive, and any amendments and additions thereto which may hereafter be duly adopted; reference herein to articles and sections by number are references to articles and sections of the Charter.</para>
      <para num="(d)" heading="Person.">“Person” means any individual, firm, partnership, corporation, company, association, or body politic except the City; and includes any personal representative, agent, trustee, receiver, assignee or other similar representative thereof.</para>
      <para num="(e)" heading="Number; Gender.">Except where such construction would be unreasonable, the singular always includes the plural, and vice versa, and the masculine includes all genders.</para>
      <para num="(f)" heading="Officer; Municipal officer.">“Officer” and “municipal officer” shall include, but shall not be limited to, the City Administrator, the heads of all departments and bureaus, the members of all commissions and boards, and persons who exercise authority comparable to that of heads of departments or bureaus.</para>
      <para num="(g)" heading="Term of office.">“Term of office” means the period of time for which any person shall have been elected or appointed to hold office, and in addition such time as shall elapse after the expiration of his term until his successor shall have been elected or appointed and qualified.</para>
      <para num="(h)" heading="Ordinance of Estimates.">“Ordinance of Estimates” and “annual Ordinance of Estimates” shall include supplementary appropriation ordinances.</para>
      <para num="(i)" heading="Subject to the authority.">“Subject to the authority” shall mean that the person or body possessed of such authority may amend or revoke the action or decision subject to such authority or reserve to himself or itself such action or decision.</para>
      <para num="(j)" heading="Municipal agency.">“Municipal agency” shall include all departments, bureaus, boards and commissions and persons not embraced in a department who exercise authority comparable to that of heads of departments or bureaus.</para>
      <para num="(k)" heading="Street.">“Street”, unless the contrary clearly appears from the context, shall include any public street, boulevard, road, alley, lane, sidewalk, footway or other public way owned by the city or habitually used as such by the public.</para>
      <para num="(l)" heading="Members.">Wherever provision is made in the Charter that the City Council shall act by a majority or other proportion of its members, the term “members” in the phrase “of its members” shall mean the total number of members provided for by law, including the President, whether or not any vacancies due to death, resignation, disqualification or other cause may then exist.</para>
      <para num="(m)" heading="Headings.">Any headings preceding the text of the several articles and sections hereof are inserted solely for convenience of reference, and shall not constitute a part of the Charter, nor shall they affect its meaning, construction or effect.</para>
      <para num="(n)" heading="Acting.">“Acting” status authorizes one who is substituting for another to exercise the powers and perform the duties of the other’s office.</para>
      <para num="(o)" heading="Law.">“Law” consists of those rules that bind or control the actions of Baltimore City and its officers and agents, including, when applicable, federal law, state law and city ordinances.</para>
      <annotation type="History">Res. 20-026, ratified Nov. 3, 2020, eff. July 1, 2021</annotation>
    </section>
    <section prefix="§" num="3" heading="Property rights; Trusts; Gifts.">
      <text>All the property and franchises of every kind belonging to, in the possession of, or hereafter acquired by the City are vested in it and it may dispose of any property belonging to it in the manner and upon the terms provided in the Charter.</text>
      <text>The City may receive in trust, and may control for the purposes of such trust, all moneys and assets which may have been or shall be bestowed upon it by will, deed or any other form of gift or conveyance in trust for any corporate purpose, or in aid of the indigent poor, or for the general purposes of education or for charitable purposes of any description.  All trust funds now held or subsequently received shall be administered with respect to investment and reinvestment, subject to any limitations in the trust, by the Board of Finance.</text>
      <text>The City may also accept grants for its corporate purposes from any government, governmental agency or person.</text>
    </section>
    <section prefix="§" num="4" heading="Condemnation interests.">
      <text>Whenever the City shall condemn any land for any public or municipal purpose, in all cases the absolute and unqualified fee simple title to such land, or, when the proceeding is in personam, all the right, title and interest of the owner or owners who are made parties to the proceeding, if they should not be the owners of the entire fee simple title, shall be condemned and acquired; so that neither the land nor any interest therein, shall under any circumstances revert to the person or persons who shall be the owners thereof at the time of the condemnation, or who shall be parties to the proceeding in personam, nor to any person or persons claiming under him, her or them; provided, however, that when the condemnation shall be provided for by ordinance, the City may determine, and in the ordinance providing for the condemnation declare, that an interest, less than the fee simple interest, for a fixed and limited period of time, or some other limited interest, will suffice for the purpose or purposes for which the property is to be acquired, and under such circumstances, only such interest shall be condemned and acquired.</text>
    </section>
    <section prefix="§" num="5" heading="Uniform application throughout City; Public ways.">
      <text>The Charter shall apply in every section of Baltimore City without distinction because of the date at which it became a part of the City, and all existing streets, avenues, roads, alleys and bridges within the City, heretofore dedicated and accepted or condemned or otherwise established as roads or streets by any then proper public authority, are in all respects validly constituted public streets and highways of the City.</text>
    </section>
    <section prefix="§" num="6" heading="Uniform taxation.">
      <text>The taxes levied by the City with respect to ownership of the same class of property or property rights, shall be uniform in rate throughout the entire City.</text>
    </section>
    <section prefix="§" num="7" heading="Records; Reports.">
      <para num="(a)" heading="Required maintenance; Admissibility; Public inspection.">A suitable record of all the proceedings, financial transactions and official acts of all municipal agencies, shall be kept, and a certified copy of the record, or any part thereof, under the corporate seal of the City shall be admissible in evidence in any court of this State as proof of such record, or a part thereof.  A record shall be available for public inspection unless otherwise expressly ordered by the head of the agency or the municipal officer by or on behalf of whom the record is kept; and in the event that written demand shall be made for the public disclosure of any matter deemed confidential by the head of an agency or by a municipal officer, the demand shall at once be referred to the Board of Estimates and the Board, after consultation with the City Solicitor as to the legal propriety of its action, may order the demanded disclosure to be made in whole or in part.</para>
      <para num="(b)" heading="Microfilm, etc.">The City may provide by ordinance for the making and keeping of all or some records on microfilm or by other method of reproduction and, when so made, for the destruction of the original records.  Any such reproduction or print therefrom shall be in all respects the equivalent of the original from which made, and when authenticated as above provided shall be admissible in evidence in any court of this State as proof of that record, or part thereof.</para>
      <para num="(c)" heading="Annual report; Other information.">
        <para num="(1)">Unless otherwise directed by the Board of Estimates, every municipal agency of the City shall prepare annually a written report of its work and proceedings.  A copy of each report shall be filed with the Mayor and the City Administrator, and a copy shall also be filed with the Department of Legislative Reference; additional copies of each report, or parts thereof, shall be prepared and made available as from time to time may be directed by the Board of Estimates.</para>
        <para num="(2)">Upon request of the Mayor, the City Administrator, or Board of Estimates every municipal agency shall promptly supply the Mayor, the City Administrator, or the Board with all requested information with respect to the practice and proceedings of the agency; provided, however, that this information need not be given with respect to any undetermined policy or opinion, nor shall the Board of Municipal and Zoning Appeals make any disclosure as to any pending appeal other than to furnish a copy of the testimony and papers filed with it pertaining to that appeal.</para>
      </para>
      <annotation type="History">Res. 20-026, ratified Nov. 3, 2020, eff. July 1, 2021</annotation>
    </section>
    <section prefix="§" num="8" heading="Official time.">
      <text>The official time of the City of Baltimore shall conform to standard time based upon the time of the seventy-fifth meridian, except that, from two o’clock a.m. of the last Sunday in April until two o’clock a.m. of the last Sunday in September of each year, the official time throughout the City of Baltimore shall be advanced one hour, and all courts, public offices, legal and official proceedings, insofar as the same are subject to or under the control of the Mayor and City Council of Baltimore, shall be regulated thereby, and all time shown by the public clocks shall agree therewith.  Provided, however, that the Mayor and City Council by ordinance passed not less than fifteen days before the change would become effective, may extend the period during which the one hour variation from standard time shall be effective in any year or years.  The extension may be to change the advance in time up to two o’clock a.m. on the last Sunday in March, or back to two o’clock a.m. on the last Sunday in October, or both such changes, or any portion or portions of either.  Any such extension may be provided only if other municipalities or sections of the United States shall have made such a change, and in the opinion of the Mayor and City Council thereby have caused inconvenience and annoyance to the commercial, economic, industrial or social affairs of the residents of Baltimore City.</text>
    </section>
    <section prefix="§" num="9" heading="Inner Harbor Park.">
      <text>There is hereby dedicated to public park uses for the benefit of this and future generations of the City of Baltimore and the State of Maryland the portion of the City that lies along the north, west and south shores of the Inner Harbor, south of Pratt Street to the water’s edge, east of Light Street to the water’s edge and north of Key Highway to the water’s edge, from the World Trade Center around the shoreline of the Inner Harbor to and including Rash Field, except that, in order to provide multi-family dwellings and off-street parking, eating places and other commercial uses, areas totalling not more than 4.5 acres plus access thereto, within the dedicated space and north of an easterly extension of the south side of Conway Street shall be set aside for such purposes, except that any areas used for multi-family dwellings and off-street parking are not dedicated as a public park; and except that in order to provide outdoor eating places for the areas known as West Shore Park and Rash Field, areas totalling not more than 0.5 acres within the dedicated space and south of an easterly extension of the south side of Conway Street shall be set aside for such purposes; and except that an area of not more than 3.4 acres shall be set aside for use by the Maryland Science Center, plus access thereto.</text>
      <annotation type="Editor's Notes">
          Ordinance 24-318, known as Ballot Question F, which was ratified on November 5, 2024, enlarged the permitted acreage for development within Inner Harbor Park from 3.2 to 4.5 acres. In addition, the Ordinance added multi-family dwellings and off-street parking to the list of permitted uses within this development space, but any land occupied by those two uses would no longer be part of the public park. Section 2 of the Ordinance states “[t]hat in enacting this Resolution of the Mayor and City Council, it is the intent of the Mayor and City Council to preserve the public park known as Rash Field and to preserve the existing development restrictions within the Inner Harbor Park south of Conway Street.”
          &lt;strong&gt;Litigation related to Ballot Question F.&lt;/strong&gt; A group of 23 Baltimore City voters filed a petition for judicial review of Ballot Question F in the Circuit Court for Anne Arundel County alleging that Ballot Question F was invalid because (1) it was improper “charter material” in violation of &lt;cite data-doc="Md. Const." data-path="XI-A|§3"&gt;Article XI-A, § 3 of the Constitution of Maryland&lt;/cite&gt; and (2) the language of the question was not “easily understandable by voters” in violation of § 9-203(1) of the State Election Law Article, in addition to other claims. After the circuit court found that the measure could be included on the ballot but the votes for or against it could not be certified, the decision was appealed to the Maryland Supreme Court. The Supreme Court of Maryland issued a per curium order dated October 10, 2024, permitting the votes for or against Question F to be counted and certified.
        </annotation>
      <annotation type="History">Res. 16-029, ratified Nov. 8, 2016</annotation>
      <annotation type="History" />
    </section>
    <section prefix="§" num="10" heading="Affordable housing funds.">
      <para num="(a)" heading="Authorization.">By Ordinance, the Mayor and City Council of Baltimore may establish 1 or more continuing, nonlapsing funds for purposes of promoting economically diverse housing in City neighborhoods, including:<para num="(1)">providing assistance, by loan, grant, or otherwise, for the planning, production, maintenance, or expansion of affordable housing in the City;</para>
        <para num="(2)">providing assistance, by loan, grant, or otherwise, to persons unable to obtain affordable housing; and</para>
        <para num="(3)">otherwise increasing housing opportunities for working families and other persons of low and moderate income.</para>
      </para>
      <para num="(b)" heading="Revenue sources.">A fund established under &lt;cite data-path="I|§10"&gt;this section&lt;/cite&gt; may comprise:<para num="(1)">money appropriated to the fund  in the annual Ordinances of Estimates; and</para>
        <para num="(2)">grants or donations made to the fund.</para>
      </para>
      <para num="(c)" heading="Continuing nature of fund.">Notwithstanding any other provision of this Charter, unspent portions of a fund established under &lt;cite data-path="I|§10"&gt;this section&lt;/cite&gt;:<para num="(1)">remain in the fund, to be used exclusively for their ordained purposes;</para>
        <para num="(2)">do not revert to the general revenues of the City; and</para>
        <para num="(3)">their appropriations do not lapse.</para>
      </para>
      <annotation type="History">Res. 06-015, ratified Nov. 7, 2006</annotation>
    </section>
    <section prefix="§" num="11" heading="Sustainability and related funds.">
      <para num="(a)" heading="Authorization.">By Ordinance, the Mayor and City Council of Baltimore may establish 1 or more continuing, nonlapsing funds for purposes of promoting sustainability, maintaining and establishing parks and other open spaces, and cleaning and preserving the natural environment within the City of Baltimore, including:<para num="(1)">supporting the activities of a City office of sustainability and of other offices necessary or appropriate for these purposes and goals;</para>
        <para num="(2)">performing educational outreach on these purposes and goals;</para>
        <para num="(3)">providing assistance by loan, grant, or otherwise to individuals and organizations undertaking activities to further these purposes and goals; and</para>
        <para num="(4)">conducting research to advance theses purposes and goals.</para>
      </para>
      <para num="(b)" heading="Revenue sources.">A fund established under &lt;cite data-path="I|§11"&gt;this section&lt;/cite&gt; may comprise:<para num="(1)">money appropriated to the fund  in the annual Ordinances of Estimates; and</para>
        <para num="(2)">grants or donations made to the fund.</para>
      </para>
      <para num="(c)" heading="Continuing nature of fund.">Notwithstanding any other provision of this Charter, unspent portions of a fund established under &lt;cite data-path="I|§11"&gt;this section&lt;/cite&gt;:<para num="(1)">remain in the fund, to be used exclusively for their ordained purposes;</para>
        <para num="(2)">do not revert to the general revenues of the City; and</para>
        <para num="(3)">their appropriations do not lapse.</para>
      </para>
      <annotation type="History">Res. 10-021, ratified Nov. 2, 2010</annotation>
    </section>
    <section prefix="§" num="12" heading="Special funds for education.">
      <para num="(a)" heading="Authorization.">
        <para num="(1)">By Ordinance, the Mayor and City Council of Baltimore may establish 1 or more continuing, nonlapsing funds for purposes of enhancing the educational environment in Baltimore City by creating modern, state-of-the-art schools.</para>
        <para num="(2)">These purposes include supporting and augmenting programs and activities of the Baltimore City Public School System that are designed to:<para num="(i)">increase new school construction;</para>
          <para num="(ii)">renovate and improve existing City school building;</para>
          <para num="(iii)">renew athletic facilities and provide recreational equipment and supplies; and</para>
          <para num="(iv)">modernize education-related equipment and supplies.</para>
        </para>
      </para>
      <para num="(b)" heading="Revenue sources.">A fund established under &lt;cite data-path="I|§12"&gt;this section&lt;/cite&gt; may comprise:<para num="(1)">money appropriated to the fund  in the annual Ordinances of Estimates; and</para>
        <para num="(2)">grants or donations made to the fund.</para>
      </para>
      <para num="(c)" heading="Continuing nature of fund.">Notwithstanding any other provision of this Charter, unspent portions of a fund established under &lt;cite data-path="I|§12"&gt;this section&lt;/cite&gt;:<para num="(1)">remain in the fund, to be used exclusively for their ordained purposes;</para>
        <para num="(2)">do not revert to the general revenues of the City; and</para>
        <para num="(3)">their appropriations do not lapse.</para>
      </para>
      <annotation type="History">Res. 11-032, ratified Nov. 9, 2011</annotation>
    </section>
    <section prefix="§" num="13" heading="Children and Youth Fund.">
      <para num="(a)" heading="Fund established; Scope.">
        <para num="(1)">There is a continuing, nonlapsing Baltimore City Children and Youth Fund, to be used exclusively for purposes of establishing new and augmenting existing programs for and services to the children and youth of this City.</para>
        <para num="(2)">These programs and services must be from among those designed to:<para num="(i)">ensure that Baltimore’s children and youth are healthy, are ready to learn and succeed in school, and live in stable, safe, and supportive families and communities;</para>
          <para num="(ii)">ensure that Baltimore City supports families as an important part of the City population and civic culture;</para>
          <para num="(iii)">focus on the prevention of problems and on supporting and enhancing the strengths of children, youth, and their families;</para>
          <para num="(iv)">complement the City’s community development efforts;</para>
          <para num="(v)">strengthen community-based networks of recreation and after-school services in all neighborhoods; and</para>
          <para num="(vi)">ensure that children and youth with the highest needs receive maximum benefit from the Fund.</para>
        </para>
        <para num="(3)">The Fund shall be administered in accordance with the following standards:<para num="(i)">programs and services shall be provided and funds allocated based on best practices and successful and innovative models;</para>
          <para num="(ii)">to the maximum extent feasible, funds shall be allocated equitably among services for all age groups – from infancy to transitional-aged youth;</para>
          <para num="(iii)">programs and services shall be gender-responsive and culturally competent; and</para>
          <para num="(iv)">programs and services shall be designed to strengthen collaboration among service providers for children, youth, and their families, including collaboration among public agencies and non-profit organizations.</para>
        </para>
      </para>
      <para num="(b)" heading="Limitations on use.">The Children and Youth Fund may not be used to substitute for or replace funding for children and youth programs or services provided in the Ordinance of Estimates for Fiscal Year 2017, except to the extent that federal, state, or private agency funds for those programs or services have since been discontinued.</para>
      <para num="(c)" heading="Revenue sources.">The Children and Youth Fund shall comprise:<para num="(1)">a mandatory annual appropriation in the Ordinance of Estimates of an amount  equal to at least $0.03 on every $100 of assessed or assessable value of all property in the City of Baltimore (except property exempt by law); and</para>
        <para num="(2)">grants and donations made to the Fund.</para>
      </para>
      <para num="(d)" heading="Continuing nature of Fund.">Notwithstanding any other provision of this Charter, unspent portions of the Children and Youth Fund:<para num="(1)">remain in the Fund, to be used exclusively for its specified purposes;</para>
        <para num="(2)">do not revert to the general revenues of the City; and</para>
        <para num="(3)">their appropriations do not lapse.</para>
      </para>
      <para num="(e)" heading="Implementation.">By Ordinance, the Mayor and City Council shall provide for the oversight, governance, and administration of the Children and Youth Fund, including:<para num="(1)">methods and criteria for identifying specific program and services eligible for funding by the Fund;</para>
        <para num="(2)">methods and criteria for allocating available funds among eligible programs and services; and</para>
        <para num="(3)">the establishment of any other legislative or administrative rules, regulations, or standards, consistent with &lt;cite data-path="I|§13"&gt;this section&lt;/cite&gt;, governing the Fund, its operations, and programs and services funded by it.</para>
      </para>
      <annotation type="History">Res. 16-026, ratified Nov. 8, 2016</annotation>
      <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
    </section>
    <section prefix="§" num="14" heading="Affordable housing trust fund.">
      <para num="(a)" heading="Fund established: scope.">There is a continuing, nonlapsing fund to be used to promote fair housing in neighborhoods throughout Baltimore, develop and preserve affordable housing for renters and homeowners, and increase affordable housing opportunities for low-income working families and other persons of low income, including:<para num="(1)">providing assistance, by loan, grant, rental subsidy, or otherwise, for the planning, production, maintenance, or expansion of affordable housing, including inclusionary housing;</para>
        <para num="(2)">providing predevelopment activities for the acquisition, development, new construction, rehabilitation, and/or restoration of affordable housing;</para>
        <para num="(3)">providing capital and operating assistance for the creation of community land trusts that will develop, own, or operate permanently affordable rental housing and assist low income residents to build a path to homeownership;</para>
        <para num="(4)">providing affordable and fair-housing related services to low income households to assist them in obtaining housing and remaining stably housed, provided such uses shall not exceed 30% of the funds allocated in a given fiscal year; and</para>
        <para num="(5)">providing administrative and planning costs for the operation of the trust fund, provided such uses may not exceed 5% of the funds allocated each fiscal year.</para>
      </para>
      <para num="(b)" heading="Revenue sources.">A fund established under &lt;cite data-path="I|§14"&gt;this section&lt;/cite&gt; may comprise:<para num="(1)">money appropriated to the fund in the annual Ordinance of Estimates;</para>
        <para num="(2)">grants or donations made to the fund;</para>
        <para num="(3)">mandatory or voluntary payments made pursuant to the development policies established by ordinance;</para>
        <para num="(4)">a portion of the tax increment financing revenue from increased property tax receipts for the development of affordable housing inside the project area and special taxing district, or in other locations as permitted by law; and</para>
        <para num="(5)">other sources as established by ordinance.</para>
      </para>
      <para num="(c)" heading="Continuing nature of fund.">Notwithstanding any other provision of this Charter, unspent portions of a fund established under &lt;cite data-path="I|§14"&gt;this section&lt;/cite&gt;, repayments of principal and interest on loans provided from the fund, and interest earned from the deposit or investment of monies from the fund:<para num="(1)">shall remain in the fund, to be used exclusively for the purposes set forth in &lt;cite data-path="I|§14|(a)"&gt;section 14(a) of this article&lt;/cite&gt;&lt;em&gt; {&lt;cite data-path="I|§14|(a)"&gt;subsection (a) of this section&lt;/cite&gt;}&lt;/em&gt;;</para>
        <para num="(2)">do not revert to the general revenues of the City; and</para>
        <para num="(3)">any appropriations do not lapse.</para>
      </para>
      <para num="(d)" heading="Administration and oversight.">
        <para num="(1)" heading="In general.">The trust fund shall be:<para num="(i)">administered by &lt;em&gt;{the} &lt;/em&gt;Baltimore City &lt;em&gt;{Department of} &lt;/em&gt;Housing and Community Development; and</para>
          <para num="(ii)">overseen by a Commission, the members of which shall be appointed, must be confirmed, and shall serve pursuant to &lt;cite data-path="IV|§6"&gt;Article IV, Section 6&lt;/cite&gt;&lt;em&gt;{, of this Charter}&lt;/em&gt;.</para>
        </para>
        <para num="(2)" heading="Commission composition - in general.">The Commission shall include:<para num="(i)">a member appointed by the Mayor with experience in the fields of housing, community development, planning, social services, or public health;</para>
          <para num="(ii)">a member of the lending community with experience in community development and affordable housing finance;</para>
          <para num="(iii)">the Baltimore City Housing Commissioner or his/her designee;</para>
          <para num="(iv)">a resident who rents his/her home and who lives in a household that is extremely low income (i.e., no more than 30% of Area Median Income);</para>
          <para num="(v)">a resident who owns his/her home and who lives in a household that is very low income (i.e., no more than 50% of Area Median Income);</para>
          <para num="(vi)">a homeowner who received assistance through an affordable homeownership program;</para>
          <para num="(vii)">a resident who has received rental assistance;</para>
          <para num="(viii)">a social service provider;</para>
          <para num="(ix)">a representative of the Homeless Services Board;</para>
          <para num="(x)">a low-income-housing and/or fair-housing advocate;</para>
          <para num="(xi)">a nonprofit affordable housing developer;</para>
          <para num="(xii)">a representative of a homebuilders or realtors association of Baltimore; and</para>
          <para num="(xiii)">such different or additional members as may be designated by ordinance.</para>
        </para>
        <para num="(3)" heading="Commission composition - income requirements for at least 4 of members.">Notwithstanding any provision to the contrary, the composition of the Commission shall be comprised of &lt;em&gt;{shall comprise}&lt;/em&gt; at least 4 residents of Baltimore City whose incomes are reflective of those individuals who will be assisted by the expenditures of this trust fund.</para>
        <para num="(4)" heading="Commission President.">The Mayor shall designate one member of the Board as its President and may withdraw that designation and so designate another member.</para>
        <para num="(5)" heading="Commission duties.">The Commission shall:<para num="(i)">make recommendations, advise, and consult with the Department of Housing and Community Development regarding the establishment of essential policies, rules, and regulations relating to the implementation, expenditures, and ongoing operation of the trust fund;</para>
          <para num="(ii)">submit an annual report to the Mayor and City Council on the activities and usage of the funds in the trust fund, including tenure (rental and homeownership), income level served, &lt;em&gt;{and} &lt;/em&gt;unit size (number of bedrooms), and make the report available to the public;</para>
          <para num="(iii)">if necessary, recommend changes to the trust fund to maximize affordability outcomes of the trust fund, to the Mayor and City Council;</para>
          <para num="(iv)">ensure an audit of the fund every four years by a certified public accounting firm; and</para>
          <para num="(v)">exercise any additional duty related to the trust fund as directed by the Mayor and City Council.</para>
        </para>
      </para>
      <para num="(e)" heading="Income targeting.">
        <para num="(1)">All assistance provided by the trust fund shall serve very low income households.</para>
        <para num="(2)">At least half of the assistance in any three-year period must serve extremely low income households.</para>
      </para>
      <para num="(f)" heading="Minimum affordability periods.">
        <para num="(1)">All rental housing assisted by the trust fund must have a minimum affordability period of at least 30 years.</para>
        <para num="(2)">All homeownership housing assisted by the trust fund must meet affordability criteria based in part on the amount of trust fund monies invested in the unit.</para>
      </para>
      <annotation type="History">Initiative “Question J”, ratified Nov. 8, 2016</annotation>
      <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
    </section>
    <section prefix="§" num="15" heading="Special fund for fair elections.">
      <para num="(a)" heading="Authorization.">
        <para num="(1)">By Ordinance, the Mayor and City Council of Baltimore may establish a continuing, nonlapsing fund for purposes of encouraging fair elections by administering a public financing option for political campaigns for Baltimore City elected offices.</para>
        <para num="(2)">These purposes include:<para num="(i)">providing direct funding to candidates for public office who meet certain qualifications;</para>
          <para num="(ii)">providing technical assistance and training to individuals seeking to make use of public campaign funding;</para>
          <para num="(iii)">publicizing the availability of public campaign funding; and</para>
          <para num="(iv)">administering a public campaign funding program.</para>
        </para>
      </para>
      <para num="(b)" heading="Baltimore City Fair Election Fund Commission.">
        <para num="(1)">The fund is administered by the Baltimore City Fair Election Fund Commission, and no funds may be dispersed from the fund without authorization by that Commission.</para>
        <para num="(2)">The  Baltimore City Fair Election Fund Commission consists of 11 members, including:<para num="(i)">2 members appointed by the Mayor;</para>
          <para num="(ii)">3 members representing organizations focused on government reform, appointed by the Mayor;</para>
          <para num="(iii)">1 member representing an organization advocating for the interests of City business owners, appointed by the Mayor; and</para>
          <para num="(iv)">5 members appointed by the President of the City Council.</para>
        </para>
        <para num="(3)">Each member of the Commission must:<para num="(i)">be a resident of the City of Baltimore;</para>
          <para num="(ii)">not be a candidate for public office;</para>
          <para num="(iii)">not be a lobbyist required to register with the City;</para>
          <para num="(iv)">not be the chair or treasurer for an open campaign account;</para>
          <para num="(v)">be a registered voter; and</para>
          <para num="(vi)">be confirmed by the City Council.</para>
        </para>
        <para num="(4)">The term of a member of the Commission is:<para num="(i)">for the members of the initial Commission appointed by the President of the City Council, 6 years beginning on May 1, 2019;</para>
          <para num="(ii)">for all other members of the initial Commission, 4 years beginning on May 1, 2019; and</para>
          <para num="(iii)">for all members appointed to a full term after May 1, 2019, 4 years from the expiration of their predecessor’s appointment.</para>
        </para>
        <para num="(5)">A vacancy arising during a term shall be filled in the same manner as the original appointment and shall be filled for the remainder of the  predecessor’s term.</para>
        <para num="(6)">The Commission shall elect a Chairperson and a Vice Chairperson from its members.</para>
        <para num="(7)">A Commission member shall not receive compensation for service on the Commission, but may be reimbursed for reasonable and necessary expenses as provided in the Ordinance of Estimates.</para>
      </para>
      <para num="(c)" heading="Revenue sources.">The fund established under &lt;cite data-path="I|§15"&gt;this section&lt;/cite&gt; may consist of:<para num="(1)">money appropriated to the fund in the annual Ordinances of Estimates;</para>
        <para num="(2)">grants or donations made to the fund; and</para>
        <para num="(3)">proceeds from fines, fees, surcharges, or other revenues dedicated to the fund by Ordinance.</para>
      </para>
      <para num="(d)" heading="Continuing nature of fund.">Notwithstanding any other provision of this Charter, unspent portions of the fund established under &lt;cite data-path="I|§15"&gt;this section&lt;/cite&gt;:<para num="(1)">remain in the fund, to be used exclusively for their ordained purposes;</para>
        <para num="(2)">do not revert to the general revenues of the City; and</para>
        <para num="(3)">their appropriations do not lapse.</para>
      </para>
      <para num="(e)" heading="Implementation.">By Ordinance, the Mayor and City Council shall provide for the oversight, governance, and administration of the Fair Election Fund, including:<para num="(1)">qualifications of candidates eligible for funding from the Fund;</para>
        <para num="(2)">methods and criteria for allocating available funds among eligible programs or candidates; and</para>
        <para num="(3)">the establishment of any other legislative or administrative rules, regulations, or standards, consistent with &lt;cite data-path="I|§15"&gt;this section&lt;/cite&gt;, governing the Fund, its operations, and programs, services, and candidates funded by it.</para>
      </para>
      <annotation type="History">Res. 18-009, ratified Nov. 6, 2018</annotation>
      <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
    </section>
    <section prefix="§" num="16" heading="Special fund for equity assistance.">
      <para num="(a)" heading="Authorization.">
        <para num="(1)">By Ordinance, the Mayor and City Council of Baltimore may establish a continuing, nonlapsing fund for purposes of assisting efforts that reduce inequity based on race, gender, or economic status in Baltimore.</para>
        <para num="(2)">These purposes include supporting and augmenting programs and activities that are designed to:<para num="(i)">provide equity in housing;</para>
          <para num="(ii)">provide equitable access to education;</para>
          <para num="(iii)">assist efforts to redress past inequities in City capital budget spending; and</para>
          <para num="(iv)">eliminating structural and institutional racism and other forms of discrimination based on immutable characteristics.</para>
        </para>
      </para>
      <para num="(b)" heading="Revenue sources.">The fund established under &lt;cite data-path="I|§16"&gt;this section&lt;/cite&gt; may consist of:<para num="(1)">money appropriated to the fund in the annual Ordinance of Estimates;</para>
        <para num="(2)">grants or donations made to the fund; and</para>
        <para num="(3)">proceeds from fines, fees, surcharges, or other revenues dedicated to the fund by ordinance.</para>
      </para>
      <para num="(c)" heading="Continuing nature of fund.">Notwithstanding any other provision of this Charter, unspent portions of the fund established under &lt;cite data-path="I|§16"&gt;this section&lt;/cite&gt;:<para num="(1)">remain in the fund, to be used exclusively for their ordained purposes;</para>
        <para num="(2)">do not revert to the general revenues of the City; and</para>
        <para num="(3)">their appropriations do not lapse.</para>
      </para>
      <annotation type="History">Res. 18-014, ratified Nov. 6, 2018</annotation>
    </section>
    <section prefix="§" num="17" heading="Supplementary criminal apprehension and conviction fund.">
      <para num="(a)" heading="Fund established; Scope.">There is a continuing, nonlapsing  Supplementary Criminal Apprehension and Conviction Fund, to be used exclusively for purposes of supplementing rewards offered to the public from time to time by the Baltimore Police Department or a non-profit organization for the successful apprehension, arrest, and conviction of criminal suspects.</para>
      <para num="(b)" heading="Limitations on use.">The  Supplementary Criminal Apprehension and Conviction Fund:<para num="(1)">shall only be used to supplement rewards; and</para>
        <para num="(2)">may not be used to substitute for or replace existing funding for rewards provided by the Baltimore Police Department or any non-profit organizations as described in &lt;cite data-path="I|§17|(a)"&gt;subsection (a) of this section&lt;/cite&gt;.</para>
      </para>
      <para num="(c)" heading="Revenue sources.">The fund established under &lt;cite data-path="I|§17"&gt;this section&lt;/cite&gt; may consist of:<para num="(1)">money appropriated to the fund in the annual Ordinance of Estimates; and</para>
        <para num="(2)">grants or donations made to the fund.</para>
      </para>
      <para num="(d)" heading="Continuing nature of fund.">Notwithstanding any other provision of this Charter, unspent portions of the fund established under &lt;cite data-path="I|§17"&gt;this section&lt;/cite&gt;:<para num="(1)">remain in the fund, to be used exclusively for their ordained purposes;</para>
        <para num="(2)">do not revert to the general revenues of the City; and</para>
        <para num="(3)">their appropriations do not lapse.</para>
      </para>
      <para num="(e)" heading="Implementation.">By Ordinance, the Mayor and City Council may provide for the oversight, governance, and administration of the fund described in &lt;cite data-path="I|§17"&gt;this section&lt;/cite&gt;.</para>
      <annotation type="History">Res. 22-001, ratified Nov. 8, 2022</annotation>
    </section>
    <section prefix="§" num="19" heading="Dante Barksdale career technology apprenticeship fund.">
      <para num="(a)" heading="Definitions.">
        <para num="(1)" heading="In general.">In &lt;cite data-path="I|§19"&gt;this section&lt;/cite&gt;, the following terms have the meanings indicated.</para>
        <para num="(2)" heading="Apprenticeship training program.">“Apprenticeship training program” means an apprenticeship training program located in Baltimore City that is registered with and approved by the Maryland Apprenticeship and Training Council or the U.S. Department of Labor.</para>
        <para num="(3)" heading="Covered craft.">“Covered craft” means a classification of workers listed in the prevailing wage determination applicable to the covered project.</para>
        <para num="(4)" heading="Covered project.">“Covered project” means a project for the construction of a public work that is valued at $500,000 or more.</para>
      </para>
      <para num="(b)" heading="Authorization.">By Ordinance, the Mayor and City Council of Baltimore may establish a continuing, nonlapsing fund for purposes of promoting Baltimore City pre-apprenticeship programs and other workforce development programs in Baltimore City's public secondary schools and community colleges that assist students in preparing for and entering apprenticeship training programs.</para>
      <para num="(c)" heading="Revenue sources.">The fund established under &lt;cite data-path="I|§19"&gt;this section&lt;/cite&gt; shall comprise:<para num="(1)">money appropriated to the fund in the annual Ordinance of Estimates; and</para>
        <para num="(2)">grants or donations made to the fund; and</para>
        <para num="(3)">proceeds from fines, fees, surcharges, or other revenues dedicated to the fund by Ordinance.</para>
      </para>
      <para num="(d)" heading="Continuing nature of fund.">Notwithstanding any other provision of this Charter, unspent portions of the fund established under &lt;cite data-path="I|§19"&gt;this section&lt;/cite&gt;:<para num="(1)">remain in the fund, to be used exclusively for their ordained purposes;</para>
        <para num="(2)">do not revert to the general revenues of the City; and</para>
        <para num="(3)">their appropriations do not lapse.</para>
      </para>
      <annotation type="History">Res. 22-002, ratified Nov. 8, 2022</annotation>
    </section>
    <section prefix="§" num="20" heading="Community Reinvestment and Reparations Fund.">
      <para num="(a)" heading="Purpose.">There is a continuing, nonlapsing fund for purposes of supporting the work of the Community Reinvestment and Reparations Commission, to the extent that the work of the Commission is within the scope of the use limitations in § 1-322 {“Community Reinvestment and Repair Fund”} of the State Alcoholic Beverage and Cannabis Article.</para>
      <para num="(b)" heading="Revenue sources.">The fund established under this section shall comprise:<para num="(1)">disbursements from the State Comptroller from the State Community Reinvestment and Repair Fund; and</para>
        <para num="(2)">future appropriations from the federal, State, or local government.</para>
      </para>
      <para num="(c)" heading="Continuing nature of Fund.">Notwithstanding any other provision of this Charter, unspent portions of the Fund established under this section:<para num="(1)">remain in the Fund, to be used exclusively for their ordained purposes;</para>
        <para num="(2)">do not revert to the general revenues of the City; and</para>
        <para num="(3)">their appropriations do not lapse.</para>
      </para>
      <annotation type="History" />
    </section>
  </container>
  <container prefix="Article" num="II" heading="General Powers">
    <section prefix="§" num="(1)" heading="Buildings.">
      <text>To regulate the location, construction, use, operation, maintenance and removal of buildings and structures, or any part thereof, of every kind.</text>
    </section>
    <section prefix="§" num="(2)" heading="Condemnation.">
      <para num="(a)" heading="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.</para>
      <para num="(b)" heading="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,<para num="(1)">the franchise right to compete in an organized league or association;</para>
        <para num="(2)">the business entity owning or operating such franchise;</para>
        <para num="(3)">all contractual rights owned by the business entity which are necessary, incident, and appropriate to ownership and operation of such franchise;</para>
        <para num="(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</para>
        <para num="(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.</para>
      </para>
      <annotation type="History">Ch. 6, Acts of 1984</annotation>
    </section>
    <section prefix="§" num="(3)" heading="Federal grants and contracts.">
      <text>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.</text>
    </section>
    <section prefix="§" num="(4)" heading="Wage and hour requirements for public contracts.">
      <text>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.</text>
    </section>
    <section prefix="§" num="(4A)" heading="Contract disputes.">
      <para num="(a)" heading="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.</para>
      <para num="(b)" heading="Statutory immunity.">In any action in contract described in &lt;cite data-path="II|§(4A)|(a)"&gt;subsection (a) of this section&lt;/cite&gt;, 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.</para>
      <para num="(c)" heading="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.</para>
      <para num="(d)" heading="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 &lt;cite data-path="II|§(4A)"&gt;this section&lt;/cite&gt;.</para>
      <para num="(e)" heading="Construction contracts – In general.">Except as provided in subsections (f) and (g) of &lt;cite data-path="II|§(4A)"&gt;this section&lt;/cite&gt;, 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.</para>
      <para num="(f)" heading="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:<para num="(1)">a neutral person or entity selected by or in accordance with a procedure established by the Mayor of Baltimore City; or</para>
        <para num="(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:<para num="(i)">one member designated by the Mayor of Baltimore City;</para>
          <para num="(ii)">one member designated by the other party to the dispute; and</para>
          <para num="(iii)">one member selected by mutual agreement of the 2 designated members from lists to be submitted by the parties to the dispute.</para>
        </para>
      </para>
      <para num="(g)" heading="Construction contracts – Decision by City officer subject to judicial review.">Notwithstanding the provisions of subsections (e) and (f) of &lt;cite data-path="II|§(4A)"&gt;this section&lt;/cite&gt;, 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.</para>
      <annotation type="History">Ch. 539, Acts of 1984</annotation>
      <annotation type="History">Ch. 521, Acts of 2002</annotation>
    </section>
    <section prefix="§" num="(5)" heading="Entry on private property.">
      <text>To enter, by its officers or agents, the land or possessions of any person for the purpose of carrying out the powers enumerated in &lt;cite data-path="II"&gt;this &lt;/cite&gt;&lt;cite data-path="II"&gt;Article II&lt;/cite&gt;.</text>
    </section>
    <section prefix="§" num="(6)" heading="Ferries.">
      <text>To establish, acquire, own and operate municipal ferries in the harbor of Baltimore.</text>
    </section>
    <section prefix="§" num="(7)" heading="Fire.">
      <para num="(a)" heading="In general.">To provide for protection against fires, and to establish and to regulate all matters relating to a Fire Department.</para>
      <para num="(b)" heading="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 &lt;cite data-doc="Md. Code" data-path="gsg|2-1246"&gt;§ 2-1246 of the State Government Article of the Annotated Code of Maryland&lt;/cite&gt;, on:<para num="(1)">the condition of motorized fire equipment of the Department; and</para>
        <para num="(2)">the anticipated needs of the department for motorized 14 fire equipment for the following two years.</para>
      </para>
      <annotation type="History">Ch. 603, Acts of 2017</annotation>
    </section>
    <section prefix="§" num="(8)" heading="Food.">
      <text>To license, regulate and inspect the manufacture, transportation, storage, sale and disposition of food of every kind.</text>
    </section>
    <section prefix="§" num="(9)" heading="Foreign trade zones.">
      <text>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 73&lt;sup&gt;rd&lt;/sup&gt; 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.</text>
      <annotation type="History">Chs. 52 and 53, Acts of 2009</annotation>
    </section>
    <section prefix="§" num="(10)" heading="Harbor, docks, and wharves.">
      <text>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.</text>
      <text>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.</text>
    </section>
    <section prefix="§" num="(11)" heading="Health and nuisances.">
      <para num="(a)" heading="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.</para>
      <para num="(b)" heading="Illegal dumping.">On or before January 1 each year, the Department of Public Works shall:<para num="(1)">submit a report to the members of the Baltimore City Delegation to the General Assembly, in accordance with &lt;cite data-doc="Md. Code" data-path="gsg|2-1246"&gt;§ 2-1246 of the State Government Article of the Annotated Code of Maryland&lt;/cite&gt;, 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</para>
        <para num="(2)">make the report required under item (1) of this subsection available to the public on the Department’s Website.</para>
      </para>
      <annotation type="History">Ch. 274, Acts of 2016</annotation>
    </section>
    <section prefix="§" num="(12)" heading="Hospitals, etc.">
      <text>To erect, establish and maintain hospitals, reformatories and almshouses, within or without the limits of the City.</text>
    </section>
    <section prefix="§" num="(13)" heading="Jail." reserved="true" />
    <section prefix="§" num="(14)" heading="Jones’ Falls.">
      <text>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.</text>
    </section>
    <section prefix="§" num="(15)" heading="Land development and redevelopment.">
      <para num="(a)" heading="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;</para>
      <para num="(b)" heading="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;</para>
      <para num="(c)" heading="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;</para>
      <para num="(d)" heading="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;</para>
      <para num="(e)" heading="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):<para num="(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</para>
        <para num="(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 &lt;cite data-doc="Md. Const." data-path="XI|§7"&gt;Section 7 of Article XI of the Constitution of Maryland&lt;/cite&gt; 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);</para>
      </para>
      <para num="(f)" heading="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;</para>
      <para num="(g)" heading="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</para>
      <para num="(h)" heading="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);</para>
      <para num="(i)" heading="Revenue bond financing.">
        <para num="(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.</para>
        <para num="(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.</para>
        <para num="(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 &lt;cite data-doc="Md. Const." data-path="XI|§7"&gt;Section 7 of Article XI of the Constitution of Maryland&lt;/cite&gt; 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 &lt;em&gt;{Board of Finance} &lt;/em&gt;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.</para>
      </para>
      <annotation type="History">Chs. 190 and 738, Acts of 1973</annotation>
    </section>
    <section prefix="§" num="(15A)" heading="Industrial and economic development.">
      <para num="(a)" heading="Property acquisition.">
        <para num="(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.</para>
        <para num="(2)">Except as authorized by &lt;cite data-path="II|§(15)"&gt;Section (15) of this article&lt;/cite&gt;, property zoned and occupied exclusively for residential use may not be acquired by condemnation for industrial growth.</para>
      </para>
      <para num="(b)" heading="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.</para>
      <para num="(c)" heading="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.</para>
      <para num="(d)" heading="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).</para>
      <para num="(e)" heading="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.</para>
      <annotation type="History">Ch. 433, Acts of 1968</annotation>
      <annotation type="History">Ch. 648, Acts of 1981</annotation>
      <annotation type="History">Ch. 362, Acts of 1986</annotation>
      <annotation type="History">Ch. 354, Acts of 1988</annotation>
      <annotation type="History">Ch. 36, Acts of 2001</annotation>
    </section>
    <section prefix="§" num="(16)" heading="Libraries, art galleries, and museums.">
      <text>To maintain and support the Enoch Pratt Free Library, or other free public libraries, art galleries and museums.</text>
    </section>
    <section prefix="§" num="(17)" heading="Licences.">
      <text>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.</text>
    </section>
    <section prefix="§" num="(18)" heading="Markets.">
      <text>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.</text>
    </section>
    <section prefix="§" num="(19)" heading="Municipal liens.">
      <para num="(a)" heading="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.</para>
      <para num="(b)" heading="Environmental citations.">Real property:<para num="(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</para>
        <para num="(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.</para>
      </para>
      <annotation type="History">Ch. 502, Acts of 2005</annotation>
      <annotation type="History">Ch. 471, Acts of 2014</annotation>
    </section>
    <section prefix="§" num="(20)" heading="Parking facilities.">
      <para num="(a)" heading="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.</para>
      <para num="(b)" heading="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.</para>
      <para num="(c)" heading="Revenue bond financing.">In addition to the powers granted and exercised under &lt;cite data-path="II"&gt;this article&lt;/cite&gt;, 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 &lt;em&gt;{Board of Finance} &lt;/em&gt;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 &lt;cite data-doc="Md. Const." data-path="XI|§7"&gt;Section 7 of Article XI of the Constitution of Maryland&lt;/cite&gt;.
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 &lt;em&gt;{Board of Finance} &lt;/em&gt;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.</para>
      <annotation type="History">Ch. 216, Acts of 1976</annotation>
    </section>
    <section prefix="§" num="(21)" heading="Parks, recreational facilities, etc.">
      <text>To establish, maintain, control and regulate parks, squares, monuments and recreation facilities.</text>
    </section>
    <section prefix="§" num="(22)" heading="Park tax.">
      <text>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.</text>
    </section>
    <section prefix="§" num="(23)" heading="Peddlers.">
      <text>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.</text>
    </section>
    <section prefix="§" num="(24)" heading="Pensions.">
      <para num="(a)" heading="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,
(a-l)  &lt;em&gt;Elected officials.&lt;/em&gt;
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.<para num="(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</para>
        <para num="(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.</para>
      </para>
      <para num="(b)" heading="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.</para>
      <para num="(c)" heading="Savings clause.">Until amended by ordinance, the presently existing pension systems of the City shall remain in force.</para>
      <annotation type="History">Ch. 702, Acts of 1982</annotation>
    </section>
    <section prefix="§" num="(25)" heading="Pensions for school cafeteria employees.">
      <text>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.</text>
      <text>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.</text>
    </section>
    <section prefix="§" num="(26)" heading="Pensions for police and fire employees.">
      <text>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,</text>
      <para num="(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;</para>
      <para num="(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.</para>
    </section>
    <section prefix="§" num="(27)" heading="Police power.">
      <text>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.</text>
      <annotation type="History">Chs. 39 and 40, Acts of 2009</annotation>
      <annotation type="History" />
    </section>
    <section prefix="§" num="(28)" heading="Port development.">
      <para num="(a)" heading="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;</para>
      <para num="(b)" heading="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;</para>
      <para num="(c)" heading="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;</para>
      <para num="(d)" heading="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;</para>
      <para num="(e)" heading="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;</para>
      <para num="(f)" heading="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);</para>
      <para num="(g)" heading="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;</para>
      <para num="(h)" heading="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;</para>
      <para num="(i)" heading="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</para>
      <para num="(j)" heading="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.</para>
    </section>
    <section prefix="§" num="(29)" heading="Railroads.">
      <text>To control and regulate the use of streets by street railways and railroads.</text>
    </section>
    <section prefix="§" num="(30)" heading="Schools.">
      <text>Subject to the applicable provisions of the &lt;cite data-doc="Md. Code" data-path="ged"&gt;Education Article of the Annotated Code of Maryland&lt;/cite&gt;, to establish and maintain a system of free public schools.</text>
      <annotation type="History">Ch. 105, Acts of 1997</annotation>
    </section>
    <section prefix="§" num="(31)" heading="Sewers.">
      <text>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.</text>
      <text>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.</text>
    </section>
    <section prefix="§" num="(32)" heading="Storm water courses and flood areas.">
      <para num="(a)" heading="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.</para>
      <para num="(b)" heading="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.</para>
      <para num="(c)" heading="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.</para>
    </section>
    <section prefix="§" num="(33)" heading="Stocks, loans, and finance.">
      <para num="(a)" heading="Issuance of stocks, bonds, etc.">To issue stocks, bonds or certificates of indebtedness, and to involve its credit as provided by &lt;cite data-doc="Md. Const." data-path="XI|§7"&gt;Section 7, Article XI of the Constitution of Maryland&lt;/cite&gt;; 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.</para>
      <para num="(b)" heading="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.</para>
      <para num="(c)" heading="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.</para>
      <para num="(d)" heading="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.</para>
      <para num="(e)" heading="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.</para>
      <para num="(f)" heading="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.</para>
    </section>
    <section prefix="§" num="(34)" heading="Streets, bridges, and tunnels.">
      <para num="(a)" heading="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 sub&lt;cite data-path="II|§(50)"&gt;section (50) of Article II&lt;/cite&gt; 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;</para>
      <para num="(b)" heading="Grading, paving, etc.">To establish grade lines and to grade, pave and curb streets and public ways of every kind;</para>
      <para num="(c)" heading="Assessing costs.">To provide for grading, paving and curbing of streets and public ways at the cost of the owners of properties binding thereon;</para>
      <para num="(d)" heading="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 &lt;cite data-path="II|§(34)|(a)"&gt;subsection (a) of this section&lt;/cite&gt;, 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;</para>
      <para num="(e)" heading="Surface openings.">To regulate the opening of street surface for the purposes authorized by law or ordinance;</para>
      <para num="(f)" heading="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;</para>
      <para num="(g)" heading="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;</para>
      <para num="(h)" heading="Cleaning and lighting.">To provide for the cleaning and lighting of streets and public ways and places;</para>
      <para num="(i)" heading="Trees.">To provide for and regulate the planting, maintenance and removal of trees on streets and public ways and places;</para>
      <para num="(j)" heading="Development plans.">To provide for the making and enforcement of plans for the development of areas and properties within the City.</para>
      <annotation type="History">Ch. 497, Acts of 1977</annotation>
    </section>
    <section prefix="§" num="(34A)" heading="Parking at intersections.">
      <text>To regulate the distance from a crosswalk at an intersection in Baltimore City within which a person may not stand or park a vehicle.</text>
      <annotation type="History">Ch. 507, Acts of 2006</annotation>
    </section>
    <section prefix="§" num="(35)" heading="Streets, lanes, alleys, etc.">
      <para num="(a)" heading="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;</para>
      <para num="(b)" heading="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;</para>
      <para num="(c)" heading="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;</para>
      <para num="(d)" heading="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;</para>
      <para num="(e)" heading="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</para>
      <para num="(f)" heading="Gated alleys – Leasing.">To lease a closed or gated alley to an entity that consists of property owners whose lots abut the alley; and</para>
      <para num="(g)" heading="Towing vehicles that block access to driveways, etc..">To tow vehicles blocking access to driveways, alleys, transit lanes, or parking facilities.</para>
      <annotation type="History">Ch. 423, Acts of 2004</annotation>
      <annotation type="History">Chs. 584 &amp;amp; 585, Acts of 2022, effective Oct.1, 2022</annotation>
    </section>
    <section prefix="§" num="(35A)" heading="Cable television franchises.">
      <text>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 &lt;cite data-path="II|§(35A)"&gt;this section&lt;/cite&gt;.</text>
      <annotation type="History">Ch. 562, Acts of 1982</annotation>
      <annotation type="Editor's Notes">For a description of what constitutes a “cable television system” for purposes of &lt;cite data-path="II|§(35A)"&gt;this section&lt;/cite&gt;, see Section 2 of Chapter 562, Acts of 1982.</annotation>
    </section>
    <section prefix="§" num="(36)" heading="Public or private alley.">
      <text>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:</text>
      <para num="(a)">grade, regrade, repair, pave or repave any such alleys;</para>
      <para num="(b)">construct, reconstruct, install, alter or repair any and all necessary drains, drainage facilities and appurtenances; and</para>
      <para num="(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.</para>
    </section>
    <section prefix="§" num="(37)" heading="Sundays.">
      <text>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.</text>
      <text>&lt;cite data-doc="Md. Code" data-path="27"&gt;Article 27 of the Annotated Code of Maryland&lt;/cite&gt; (1957 Edition), title “Crimes and Punishments”, subtitle “Sabbath Breaking”, does not apply to Baltimore City except for §§ 534L, 534L-1 and 534L-2.</text>
      <annotation type="History">Ch. 864, Acts of 1980</annotation>
    </section>
    <section prefix="§" num="(38)" heading="Surveyor.">
      <text>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 &lt;cite data-doc="Md. Const."&gt;the Constitution of Maryland&lt;/cite&gt;, said office may be abolished by ordinance.</text>
      <annotation type="Editor's Notes">The Office of City Surveyor was abolished by Ordinance 74-625.</annotation>
    </section>
    <section prefix="§" num="(39)" heading="Property taxes.">
      <para num="(a)" heading="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.</para>
      <para num="(b)" heading="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.</para>
      <para num="(c)" heading="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.</para>
    </section>
    <section prefix="§" num="(40)" heading="Additional taxing powers.">
      <para num="(a)" heading="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 &lt;cite data-path="II|§(40)"&gt;this section&lt;/cite&gt; shall expire as of December 31, 1955, but nothing in &lt;cite data-path="II|§(40)"&gt;this section&lt;/cite&gt; 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.</para>
      <para num="(b)" heading="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.</para>
      <para num="(c)" heading="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.</para>
      <para num="(d)" heading="Section prevails over inconsistent provisions.">The restrictions contained in Section 1 of &lt;cite data-doc="Md. Code" data-path="66"&gt;Article 66½ , Section 218 of Article 81 and Sections 8A, 293 and 294 of Article 56 of the Annotated Code of Maryland&lt;/cite&gt;, 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.</para>
      <para num="(e)" heading="Hotel room tax – Portion dedicated for tourism promotion.">
        <para num="(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.</para>
        <para num="(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.</para>
      </para>
      <para num="(f)" heading="Hotel room tax – Exemption for certain lodging at corporate facilities.">A hotel room tax authorized under &lt;cite data-path="II|§(40)"&gt;this section&lt;/cite&gt; 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:<para num="(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;</para>
        <para num="(2)">provides lodging solely for employees, contractors, vendors, and other invitees of the corporation that owns the dormitory or lodging facility; and</para>
        <para num="(3)">does not offer lodging services to the general public.</para>
      </para>
      <annotation type="History">Ch. 665, Acts of 1996</annotation>
      <annotation type="History">Chs. 611 and 612, Acts of 1997</annotation>
      <annotation type="History">Ch. 387, Acts of 2001</annotation>
      <annotation type="History">Ch. 151, Acts of 2007</annotation>
      <annotation type="History">Ch. 197, Acts of 2012</annotation>
      <annotation type="History">Ch. 510, Acts of 2013</annotation>
      <annotation type="History">Ch. 597, Acts of 2017</annotation>
    </section>
    <section prefix="§" num="(41)" heading="Theatrical and public amusements.">
      <text>To license, regulate and restrain theatrical and other public amusements.</text>
    </section>
    <section prefix="§" num="(42)" heading="Traffic.">
      <para num="(a)" heading="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.</para>
      <para num="(b)" heading="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.</para>
      <para num="(c)" heading="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.</para>
      <para num="(d)" heading="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.</para>
    </section>
    <section prefix="§" num="(43)" heading="Vehicles.">
      <text>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.</text>
    </section>
    <section prefix="§" num="(44)" heading="Veterans.">
      <text>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.</text>
    </section>
    <section prefix="§" num="(45)" heading="Water.">
      <text>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.</text>
      <text>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.</text>
    </section>
    <section prefix="§" num="(46)" heading="Weights and measures.">
      <text>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.</text>
    </section>
    <section prefix="§" num="(47)" heading="General welfare.">
      <text>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.</text>
      <annotation type="History">Ch. 637, Acts of 1993</annotation>
      <annotation type="Editor's Notes">
          Section 2 of Chapter 637, Acts of 1993, which added the last clause on alcoholic-beverage advertisements, provided as follows
          [T]his Act may only be applied to or interpreted to have an effect on any contract executed after the effective date of this Act {June 1, 1993} and to any renewal term of a preexisting contract beginning after October 1, 1993.
        </annotation>
    </section>
    <section prefix="§" num="(48)" heading="Fines and  penalties.">
      <text>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.</text>
      <annotation type="History">Ch. 524, Acts of 1982</annotation>
      <annotation type="History">Ch. 551, Acts of 1997</annotation>
      <annotation type="History" />
    </section>
    <section prefix="§" num="(49)" heading="Constitutional and other powers.">
      <text>The voters of Baltimore City shall have and are hereby expressly granted the power to make such changes in Sections &lt;cite data-doc="Md. Const." data-path="XI|§1"&gt;1&lt;/cite&gt; to &lt;cite data-doc="Md. Const." data-path="XI|§6"&gt;6&lt;/cite&gt;, inclusive, of &lt;cite data-doc="Md. Const." data-path="XI"&gt;Article XI of the Constitution of the State of Maryland&lt;/cite&gt;, as they may deem best; such power shall be exercised only by the adoption or amendment of a charter as provided in &lt;cite data-doc="Md. Const." data-path="XI-A"&gt;Article XI-A of said Constitution&lt;/cite&gt;; 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 &lt;cite data-doc="Md. Const." data-path="XI-A"&gt;Article XI-A of said Constitution&lt;/cite&gt;; 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.</text>
      <text>The powers heretofore or hereafter granted to the City not included in &lt;cite data-path="II"&gt;Article II&lt;/cite&gt; 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.</text>
    </section>
    <section prefix="§" num="(50)" heading="Revenue bonds and obligations.">
      <para num="(a)" heading="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<para num="(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,</para>
        <para num="(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,</para>
        <para num="(3)">the contracts, mortgages or other securities purchased or otherwise acquired with the proceeds of those bonds, notes or other obligations, or</para>
        <para num="(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 &lt;cite data-doc="Md. Const." data-path="XI|§7"&gt;Section 7 of Article XI of the Constitution of Maryland&lt;/cite&gt; 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.</para>
      </para>
      <para num="(b)" heading="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 &lt;em&gt;{Board of Finance} &lt;/em&gt;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.</para>
      <para num="(c)" heading="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<para num="(1)">approve the form of the agreement,</para>
        <para num="(2)">authorize the Commissioners of Finance &lt;em&gt;{Board of Finance} &lt;/em&gt;to approve the form of the trust agreement or</para>
        <para num="(3)">provide that counterparts of that ordinance may be executed by the appropriate parties so as to constitute a trust agreement.</para>
        <para num="(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,</para>
        <para num="(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</para>
        <para num="(3)">the contracts, mortgages or other securities purchased or otherwise acquired with the proceeds of the bonds, notes or other obligations, or</para>
        <para num="(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.</para>
      </para>
      <para num="(d)" heading="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.</para>
      <para num="(e)" heading="Convention Center facilities.">
        <para num="(1)">Notwithstanding any other provision of &lt;cite data-path="II|§(50)"&gt;this section&lt;/cite&gt;, bonds, notes or other obligations (including refunding bonds, notes or other obligations) issued under &lt;cite data-path="II|§(50)"&gt;this section&lt;/cite&gt; 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:<para num="(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</para>
          <para num="(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.</para>
        </para>
        <para num="(2)">As used in this subsection, “convention center facilities” means:<para num="(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;</para>
          <para num="(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</para>
          <para num="(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:<para num="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;</para>
            <para num="2.">all land and facilities that are functionally related to a convention center facility; and</para>
            <para num="3.">all patents, licenses and other rights necessary or useful in the construction or operation of a convention center facility.</para>
          </para>
        </para>
        <para num="(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 &lt;em&gt;{Article 28, Subtitle 21, City Code (Edition 2000)}&lt;/em&gt;.</para>
      </para>
      <annotation type="History">Ch. 509, Acts of 1972</annotation>
      <annotation type="History">Ch. 657, Acts of 1974</annotation>
      <annotation type="History">Ch. 400, Acts of 1993</annotation>
    </section>
    <section prefix="§" num="(51)" heading="Residential mortgage loan program.">
      <para num="(a)" heading="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<para num="(1)">to preserve a healthy and viable economy within Baltimore City,</para>
        <para num="(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,</para>
        <para num="(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</para>
        <para num="(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</para>
      </para>
      <para num="(b)" heading="Loan acquisitions.">To purchase or contract to purchase or otherwise acquire mortgage loans<para num="(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</para>
        <para num="(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;</para>
      </para>
      <para num="(c)" heading="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 &lt;cite data-path="II"&gt;Article II&lt;/cite&gt;, subsection (50), of this Charter in order to obtain the moneys necessary to effect the residential mortgage loan program hereby authorized.</para>
    </section>
    <section prefix="§" num="(52)" heading="Owner-occupancy residential mortgage loan program.">
      <para num="(a)" heading="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<para num="(1)">to preserve a healthy and viable economy within Baltimore City,</para>
        <para num="(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,</para>
        <para num="(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</para>
        <para num="(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</para>
      </para>
      <para num="(b)" heading="Loan acquisitions.">To purchase or contract to purchase or otherwise acquire mortgage loans<para num="(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</para>
        <para num="(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;</para>
      </para>
      <para num="(c)" heading="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 &lt;cite data-path="II"&gt;Article II&lt;/cite&gt;, subsection (50), of this Charter in order to obtain the moneys necessary to effect the residential mortgage loan program hereby authorized.</para>
      <annotation type="History">Ch. 809, Acts of 1974</annotation>
    </section>
    <section prefix="§" num="(53)" heading="Nonresident owners, notice of violation and appointment of receiver." reserved="true" />
    <section prefix="§" num="(54)" heading="Nonresident owners, notice of code violation and appointment of receiver.">
      <para num="(a)" heading="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.</para>
      <para num="(b)" heading="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.</para>
      <para num="(c)" heading="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 &lt;cite data-path="II|§(19)"&gt;Article II, § (19)&lt;/cite&gt; of this Charter, and any excess funds received shall be held for the benefit of the owners to be remitted according to law.</para>
      <para num="(d)" heading="Authority supplemental.">&lt;cite data-path="II|§(54)"&gt;This section&lt;/cite&gt; 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.</para>
      <annotation type="History">Ch. 597, Acts of 1975</annotation>
      <annotation type="History">Ch. 467, Acts of 1993</annotation>
    </section>
    <section prefix="§" num="(55)" heading="Municipal employee relations.">
      <para num="(a)" heading="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<para num="(1)">the manner of establishing units appropriate for collective bargaining and of designating or selecting exclusive bargaining representatives;</para>
        <para num="(2)">the rights of the employer, employees and the employee organization designated as the exclusive representative in an appropriate unit;</para>
        <para num="(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;</para>
        <para num="(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;</para>
        <para num="(5)">the designation of unfair labor practices and remedies for the same;</para>
        <para num="(6)">the definition of a grievance and the procedure for resolution; and</para>
        <para num="(7)">other related matters to effectuate the ordinance.
The Mayor and City Council of Baltimore are authorized, consistent with the provisions of &lt;cite&gt;the Charter of Baltimore City&lt;/cite&gt;, 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).
&lt;cite data-path="II|§(55)"&gt;This section&lt;/cite&gt; 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.</para>
      </para>
      <para num="(b)" heading="Arbitration for fire personnel.">
        <para num="(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.</para>
        <para num="(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.</para>
        <para num="(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.</para>
        <para num="(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.</para>
        <para num="(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.</para>
        <para num="(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 &lt;cite data-path="II|§(55)"&gt;this section&lt;/cite&gt;.</para>
        <para num="(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 &lt;cite data-path="VI|§2|(c)|(1)"&gt;Section 2(c)(1) of Article VI&lt;/cite&gt; &lt;em&gt;{&lt;cite data-path="VI|§5|(a)|(1)"&gt;Article VI, § 5(a)(1)&lt;/cite&gt;}&lt;/em&gt;, shall not be reduced by the City Council in accordance with &lt;cite data-path="VI|§2|(g)"&gt;Section 2(g) of Article VI&lt;/cite&gt; &lt;em&gt;{&lt;cite data-path="VI|§7|(a)|(2nd par.)"&gt;Article VI, § 7(a)(2nd par.)&lt;/cite&gt;&lt;/em&gt;, and shall be adopted by the Board of Estimates as the salary and wage scales for employees of the Fire Department in accordance with &lt;cite data-path="VI|§5"&gt;Section 5 of Article VI&lt;/cite&gt; &lt;em&gt;{&lt;cite data-path="VI|§12"&gt;Article VI, § 12&lt;/cite&gt;}&lt;/em&gt;.</para>
        <para num="(8)">The cost of the arbitration proceedings provided for herein shall be borne equally by the parties involved.</para>
      </para>
      <annotation type="History">Ch. 704, Acts of 1985</annotation>
    </section>
    <section prefix="§" num="(56)" heading="Volunteer workers.">
      <text>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.</text>
      <annotation type="History">Ch. 40, Acts of 1979</annotation>
    </section>
    <section prefix="§" num="(57)" heading="Loans for industrial purposes.">
      <text>From or in connection with funds available to the Mayor and City Council of Baltimore pursuant to &lt;cite data-doc="Md. Const." data-path="XI-I"&gt;Article XI-I of the Constitution of the State of Maryland&lt;/cite&gt;, 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.</text>
      <text>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.</text>
      <text>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.</text>
      <text>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.</text>
      <annotation type="History">Ch. 454, Acts of 1980</annotation>
    </section>
    <section prefix="§" num="(58)" heading="Limitations on competition.">
      <para num="(a)" heading="Public transportation.">
        <para num="(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.</para>
        <para num="(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.</para>
      </para>
      <para num="(b)" heading="Water and sewerage systems; Waste collection and disposition.">
        <para num="(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.</para>
        <para num="(2)">
          <para num="(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.</para>
          <para num="(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.</para>
        </para>
        <para num="(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.</para>
      </para>
      <para num="(c)" heading="Concessions on, leasing of public property.">
        <para num="(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.</para>
        <para num="(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.</para>
      </para>
      <para num="(d)" heading="Development and redevelopment.">
        <para num="(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.</para>
        <para num="(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.</para>
      </para>
      <para num="(e)" heading="Construction; Scope.">The powers granted to Baltimore City pursuant to &lt;cite data-path="II|§(58)"&gt;this section&lt;/cite&gt; shall not be construed:<para num="(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;</para>
        <para num="(2)">to restrict the City from exercising any power granted to the City by other public general or public local law or otherwise;</para>
        <para num="(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</para>
        <para num="(4)">to preempt or supersede the regulatory authority of any State department or agency under any public general law.</para>
      </para>
      <annotation type="History">Ch. 397, Acts of 1983</annotation>
    </section>
    <section prefix="§" num="(59)" heading="Loans and loan guarantees.">
      <text>To use the proceeds of any debt of the Mayor and City Council of Baltimore, created pursuant to &lt;cite data-doc="Md. Const." data-path="XI|§7"&gt;Article XI, Section 7 of the Constitution of Maryland&lt;/cite&gt;, in order to effectuate any purpose which the General Assembly of Maryland has or may hereafter authorize pursuant to Articles &lt;cite data-doc="Md. Const." data-path="XI-G"&gt;XI-G&lt;/cite&gt;, &lt;cite data-doc="Md. Const." data-path="XI-H"&gt;XI-H&lt;/cite&gt;, or &lt;cite data-doc="Md. Const." data-path="XI-I"&gt;XI-I&lt;/cite&gt; of &lt;cite data-doc="Md. Const."&gt;the Constitution of Maryland&lt;/cite&gt;, as follows:</text>
      <para num="(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;</para>
      <para num="(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;</para>
      <para num="(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;</para>
      <para num="(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;</para>
      <para num="(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;</para>
      <para num="(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;</para>
      <para num="(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</para>
      <para num="(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.</para>
      <annotation type="History">Ch. 645, Acts of 1984</annotation>
    </section>
    <section prefix="§" num="(60)" heading="Reports of loans, loan guarantees, and loan insurance.">
      <text>To exercise powers which may be granted by the General Assembly of Maryland under Articles &lt;cite data-doc="Md. Const." data-path="XI-G"&gt;XI-G&lt;/cite&gt;, &lt;cite data-doc="Md. Const." data-path="XI-H"&gt;XI-H&lt;/cite&gt;, and &lt;cite data-doc="Md. Const." data-path="XI-I"&gt;XI-I&lt;/cite&gt; of &lt;cite data-doc="Md. Const."&gt;the Constitution of Maryland&lt;/cite&gt; only if the following requirements are fulfilled:</text>
      <para num="(a)" heading="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 &lt;cite data-doc="Md. Const." data-path="XI|§7"&gt;Article XI, Section 7 of the Constitution of Maryland&lt;/cite&gt; or from the proceeds of any notes issued in anticipation of such proceeds, for the purposes authorized pursuant to Articles &lt;cite data-doc="Md. Const." data-path="XI-G"&gt;XI-G&lt;/cite&gt;, &lt;cite data-doc="Md. Const." data-path="XI-H"&gt;XI-H&lt;/cite&gt;, or &lt;cite data-doc="Md. Const." data-path="XI-I"&gt;XI-I&lt;/cite&gt; of &lt;cite data-doc="Md. Const."&gt;the Constitution of Maryland&lt;/cite&gt;.</para>
      <para num="(b)" heading="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:<para num="(1)">the recipient of the loan, and a brief description of the purpose of the loan.</para>
        <para num="(2)">the street address and a brief description of each property acquired, constructed, rehabilitated or otherwise improved with the proceeds of the loan.</para>
        <para num="(3)">the amount of each loan made.</para>
        <para num="(4)">the amount of each loan guaranteed and the amount of reserve maintained for each guarantee commitment.</para>
        <para num="(5)">the amount and source of any other funds committed in connection with the loan.</para>
        <para num="(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.</para>
        <para num="(7)">whether and in what manner the provisions of &lt;cite data-path="VI|§4"&gt;Article VI, Section 4&lt;/cite&gt; &lt;em&gt;{&lt;cite data-path="VI|§11"&gt;Article VI, § 11&lt;/cite&gt;}&lt;/em&gt; of &lt;cite&gt;the City Charter&lt;/cite&gt; applied to the loan.</para>
        <para num="(8)">whether and in what manner Sections 19 through 27 inclusive of the Baltimore City Code, “Contracts - Hours and Wages” &lt;em&gt;{Article 5, Subtitle 25, “Hours and Wages - Service Contracts”, City Code (Edition 2000)}&lt;/em&gt;, applied to the loan.</para>
      </para>
      <para num="(c)" heading="“Guarantee” defined.">In &lt;cite data-path="II|§(60)"&gt;this section&lt;/cite&gt;, a loan “guarantee” or a loan “guaranteed” shall include insurance of a loan, or a loan insured.</para>
      <para num="(d)" heading="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:<para num="(1)">examine, evaluate, and audit any report made under &lt;cite data-path="II|§(60)"&gt;this section&lt;/cite&gt;; and</para>
        <para num="(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 &lt;cite data-path="II|§(60)"&gt;this section&lt;/cite&gt;.</para>
      </para>
      <para num="(e)" heading="Savings clause.">Failure to file any report required by &lt;cite data-path="II|§(60)"&gt;this section&lt;/cite&gt; 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.</para>
      <annotation type="History">Ch. 749, Acts of 1984</annotation>
    </section>
    <section prefix="§" num="(61)" heading="Downtown Commercial District Management Authority.">
      <para num="(a)" heading="Establishment, boundaries, etc.">
        <para num="(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.</para>
        <para num="(2)">
          <para num="(i)">To specify and modify the boundaries of the district but in no event outside the bounds of lines as follows:<para num="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;</para>
            <para num="2.">on the west, Greene Street and Russell Street;</para>
            <para num="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</para>
            <para num="4.">on the east, the Jones Falls Expressway and President Street.</para>
          </para>
          <para num="(ii)">Notwithstanding subparagraph (i) of this paragraph, the district may include properties binding on either side of the boundaries authorized under this subsection.</para>
        </para>
        <para num="(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.</para>
        <para num="(4)">To specify the duration of the Authority.</para>
        <para num="(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.</para>
        <para num="(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 &lt;cite data-path="II|§(61)"&gt;this section&lt;/cite&gt;.</para>
      </para>
      <para num="(b)" heading="Powers of Authority.">
        <para num="(1)" heading="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.</para>
        <para num="(2)" heading="General powers.">As provided by ordinance, the Authority may have the power:<para num="(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.</para>
          <para num="(ii)">to acquire, hold and use property necessary to achieve its purposes.</para>
          <para num="(iii)">to make contracts; to sue and be sued.</para>
          <para num="(iv)">to accept grants.</para>
          <para num="(v)">to borrow for purposes consistent with the public purposes of the Authority.</para>
          <para num="(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.</para>
          <para num="(vii)">to do all things necessary or convenient to carry out its powers.</para>
          <para num="(viii)">to adopt, amend and modify by-laws, all of which shall be subject to the approval of the Board of Estimates.</para>
          <para num="(ix)">to establish and elect officers and provide for their terms and duties.</para>
          <para num="(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.</para>
        </para>
      </para>
      <para num="(c)" heading="Limitations.">The Authority is subject to the following limitations:<para num="(1)">It is not permitted to exercise any police or general powers other than those authorized by State law and City ordinance.</para>
        <para num="(2)">It may not pledge the full faith or credit of the City.</para>
        <para num="(3)">It cannot extend its life and it cannot modify its boundaries without City Council approval.</para>
        <para num="(4)">It cannot impose taxes, fees or assessments in excess of those approved by the Board of Estimates.</para>
        <para num="(5)">It cannot exercise the power of eminent domain.</para>
        <para num="(6)">Except as otherwise authorized by law, it cannot engage in competition with the private sector.</para>
        <para num="(7)">Any fees, charges or taxes collected pursuant to &lt;cite data-path="II|§(61)"&gt;this section&lt;/cite&gt; shall be used only for the purposes authorized under &lt;cite data-path="II|§(61)"&gt;this section&lt;/cite&gt; and may not revert to the General Fund of the City.</para>
        <para num="(8)">It may not be an agency of the City of Baltimore or the State of Maryland.</para>
        <para num="(9)">Employees of the Authority shall reside in the City of Baltimore.</para>
        <para num="(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 &lt;cite data-path="II|§(61)"&gt;this section&lt;/cite&gt; based on the current rate of occupancy of the property.</para>
      </para>
      <para num="(d)" heading="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.</para>
      <para num="(e)" heading="Periodic review.">The Mayor and City Council shall review the effectiveness and desirability of continuing the existence of any district established under &lt;cite data-path="II|§(61)"&gt;this section&lt;/cite&gt; every 5 years from the enactment of the ordinance.</para>
      <para num="(f)" heading="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 &lt;cite data-path="II|§(61)"&gt;this section&lt;/cite&gt;, by the property owners who are subject to taxes or charges in the district.</para>
      <annotation type="History">Ch. 604, Acts of 1992</annotation>
      <annotation type="History">Ch. 36, Acts of 2022</annotation>
      <annotation type="Editor's Notes">Subsection (b)(1) was added by Chapter 36, Acts of 2022, effective July 1, 2022.,  Section 3 of Chapter 36 provides that the subsection “shall remain effective for a period of 5 years and, at the end of June 30, 2027, ... with no further action required by the General Assembly, shall be abrogated and of no further force and effect.”</annotation>
    </section>
    <section prefix="§" num="(62)" heading="Tax increment financing.">
      <para num="(a)" heading="In general.">
        <para num="(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 &lt;cite data-path="II|§(62)|(d)|(3)|(ii)"&gt;subsection (d)(3)(ii) of this section&lt;/cite&gt; 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.</para>
        <para num="(2)">
          <para num="(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:<para num="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;</para>
            <para num="2.">the special fund described in &lt;cite data-path="II|§(62)|(d)|(3)|(ii)"&gt;subsection (d)(3)(ii) of this section&lt;/cite&gt; 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;</para>
            <para num="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</para>
            <para num="4.">any other assets and revenues of the Mayor and City Council of Baltimore.</para>
          </para>
          <para num="(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.</para>
          <para num="(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.</para>
        </para>
      </para>
      <para num="(b)" heading="Definitions.">
        <para num="(1)">In &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt; the following words have the meanings indicated, unless the context clearly indicates another or different meaning or intent:</para>
        <para num="(2)">“Abandoned property” has the meaning stated in § 21-17(a) of the Public Local Laws of Baltimore City.</para>
        <para num="(3)">“Adjusted assessable base” means, for real property that qualifies for farm or agricultural use under &lt;cite data-doc="Md. Code" data-path="gtp|8-209"&gt;§ 8-209 of the Tax-Property Article of the Annotated Code of Maryland&lt;/cite&gt;, 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 &lt;cite data-path="II|§(62)|(d)"&gt;subsection (d) of this section&lt;/cite&gt;.</para>
        <para num="(4)">“Affordable housing” means housing that is affordable to households with incomes up to 115% of the regional median income.</para>
        <para num="(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.</para>
        <para num="(6)">
          <para num="(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.</para>
          <para num="(ii)">“Assessment ratio” includes the assessment percentage as provided under &lt;cite data-doc="Md. Code" data-path="gtp|8-103"&gt;§ 8-103(c) of the Tax-Property Article of the Annotated Code of Maryland&lt;/cite&gt;, as amended, replaced, or supplemented from time to time.</para>
        </para>
        <para num="(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 &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt;.</para>
        <para num="(8)">“Development” includes new development, redevelopment, revitalization, and renovation.</para>
        <para num="(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 &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt; to finance or refinance development in such development district.</para>
        <para num="(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.</para>
        <para num="(11)">“Distressed property” has the meaning stated in § 21-17(a) of the Public Local Laws of Baltimore City.</para>
        <para num="(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 &lt;cite data-path="II|§(62)|(d)"&gt;subsection (d) of this section&lt;/cite&gt;.</para>
        <para num="(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.</para>
        <para num="(14)">“Original taxable value” means for any tax year the dollar amount that is the lesser of:<para num="(i)">the product of the original full cash value times the assessment ratio applicable to that tax year;</para>
          <para num="(ii)">the original assessable base; or</para>
          <para num="(iii)">if an adjusted assessable base applies, then the “original taxable value” is the adjusted assessable base.</para>
        </para>
        <para num="(15)">“Supervisor of Assessments” means the Supervisor of Assessments for Baltimore City.</para>
        <para num="(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.</para>
        <para num="(17)">“Tax year” means the period from July 1 of a calendar year through June 30 of the next calendar year.</para>
        <para num="(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 &lt;cite data-path="II|§(62)|(c)"&gt;subsection (c) of this section&lt;/cite&gt;.</para>
      </para>
      <para num="(c)" heading="Application of proceeds.">All proceeds received from any bonds issued and sold pursuant to &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt; shall be applied solely for:<para num="(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;</para>
        <para num="(2)">site removal;</para>
        <para num="(3)">surveys and studies;</para>
        <para num="(4)">relocation of businesses or residents;</para>
        <para num="(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;</para>
        <para num="(6)">construction or rehabilitation of buildings provided that such buildings:<para num="(i)">are to be devoted to a governmental use or purpose;</para>
          <para num="(ii)">are abandoned property;</para>
          <para num="(iii)">are distressed property; or</para>
          <para num="(iv)">will provide units of affordable housing;</para>
        </para>
        <para num="(7)">reserves and capitalized interest on the bonds;</para>
        <para num="(8)">necessary costs of issuing bonds;</para>
        <para num="(9)">structured and surface parking facilities that are:<para num="(i)">publicly owned; or</para>
          <para num="(ii)">privately owned but serve a public purpose; and</para>
        </para>
        <para num="(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 &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt;.</para>
      </para>
      <para num="(d)" heading="Prerequisites for bond issuance.">Before issuing any bonds under &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt;, the Mayor and City Council of Baltimore shall:<para num="(1)">designate by ordinance an area or areas within the City of Baltimore as a “development district”;</para>
        <para num="(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</para>
        <para num="(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:<para num="(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</para>
          <para num="(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 &lt;cite data-path="II|§(62)|(e)"&gt;subsection (e) of this section&lt;/cite&gt;.  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.</para>
        </para>
      </para>
      <para num="(e)" heading="Special fund.">
        <para num="(1)">The Mayor and City Council of Baltimore may enact an ordinance creating a special fund described in &lt;cite data-path="II|§(62)|(d)|(3)|(ii)"&gt;subsection (d)(3)(ii) of this section&lt;/cite&gt; with respect to a development district, even though no bonds authorized by &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt; 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 &lt;cite data-path="II|§(62)|(d)|(3)|(ii)"&gt;subsection (d)(3)(ii) of this section&lt;/cite&gt; shall thereafter be paid over to such special fund, as long as such ordinance remains in effect.</para>
        <para num="(2)">When no bonds authorized by &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt; 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 &lt;cite data-path="II|§(62)|(d)|(3)|(ii)"&gt;subsection (d)(3)(ii) of this section&lt;/cite&gt; may be:<para num="(i)">used for any of the purposes described in &lt;cite data-path="II|§(62)|(c)"&gt;subsection (c) of this section&lt;/cite&gt;;</para>
          <para num="(ii)">accumulated for payment of debt service on bonds subsequently issued under &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt;;</para>
          <para num="(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</para>
          <para num="(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.</para>
        </para>
        <para num="(3)">When any bonds authorized by &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt; 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 &lt;cite data-path="II|§(62)|(d)|(3)|(ii)"&gt;subsection (d)(3)(ii) of this section&lt;/cite&gt; 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:<para num="(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</para>
          <para num="(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.</para>
        </para>
      </para>
      <para num="(f)" heading="Enabling ordinance.">
        <para num="(1)">Before issuing any bonds under &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt; the Mayor and City Council of Baltimore shall enact an ordinance which:<para num="(i)">specifies and describes the proposed undertaking and states that it has complied with &lt;cite data-path="II|§(62)|(d)"&gt;subsection (d) of this section&lt;/cite&gt;; and</para>
          <para num="(ii)">specifies the maximum principal amount of bonds to be issued, from time to time or at any time, pursuant to such ordinance.</para>
        </para>
        <para num="(2)">The ordinance, if such bonds constitute debt of the Mayor and City Council of Baltimore under &lt;cite data-path="XI|§7"&gt;Section 7 of Article XI&lt;/cite&gt; 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, &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt; 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 &lt;cite data-path="II|§(62)|(d)"&gt;subsection (d) of this section&lt;/cite&gt;.</para>
        <para num="(3)">Such ordinance may specify that the bonds authorized thereunder may be issued from time to time or at any time.</para>
        <para num="(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:<para num="(i)">the actual principal amount of the bonds to be issued;</para>
          <para num="(ii)">the actual rate or rates of interest the bonds are to bear or the method for determining the same;</para>
          <para num="(iii)">the manner in which and the terms upon which the bonds are to be sold;</para>
          <para num="(iv)">the manner in which and the times and places that the interest on the bonds is to be paid;</para>
          <para num="(v)">the time or times that the bonds may be executed, issued, and delivered;</para>
          <para num="(vi)">the form and tenor of the bonds and the denominations in which the bonds may be issued;</para>
          <para num="(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;</para>
          <para num="(viii)">provisions pursuant to which any or all of the bonds may be called for redemption prior to their stated maturity dates;</para>
          <para num="(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</para>
          <para num="(x)">any other provisions not inconsistent with &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt;, 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.</para>
        </para>
      </para>
      <para num="(g)" heading="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 &lt;cite data-doc="Md. Code" data-path="gtg"&gt;Title 8, Subtitle 2 of the Tax-General Article of the Annotated Code of Maryland&lt;/cite&gt;, as amended, replaced, or supplemented from time to time, in computing the net earnings of financial institutions.</para>
      <para num="(h)" heading="Form; Tenor; Sale.">
        <para num="(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 &lt;cite data-doc="Md. Code" data-path="gcl|8-102"&gt;§ 8-102 of the Commercial Law Article of the Annotated Code of Maryland&lt;/cite&gt;, 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.</para>
        <para num="(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.</para>
        <para num="(3)">All bonds shall mature not later than 40 years from their date of issuance.</para>
        <para num="(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.</para>
      </para>
      <para num="(i)" heading="Refunding bonds.">
        <para num="(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 &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt; 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 &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt; 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.</para>
        <para num="(2)">Any refunding bonds authorized to be issued and sold under the provisions of &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt; may be issued for the public purpose of:<para num="(i)">realizing savings to Baltimore City in the aggregate cost of debt service on either a direct comparison or present value basis; or</para>
          <para num="(ii)">debt restructuring that:<para num="1.">in the aggregate effects such a reduction in the cost of debt service; or</para>
            <para num="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.</para>
          </para>
        </para>
        <para num="(3)">Any refunding bonds authorized to be issued and sold under the provisions of &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt; 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 &lt;cite data-path="II|§(62)|(f)|(4)|(i)"&gt;subsection (f)(4)(i) of this section&lt;/cite&gt;.</para>
        <para num="(4)">Any refunding bonds authorized to be issued and sold under the provisions of &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt; 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.</para>
        <para num="(5)">Any refunding bonds authorized to be issued and sold under the provisions of &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt; 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.</para>
        <para num="(6)">Any refunding bonds authorized to be issued and sold under the provisions of &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt; 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.</para>
        <para num="(7)">The proceeds of the sale of any refunding bonds authorized to be issued and sold under the provisions of &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt;, 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.</para>
        <para num="(8)">Except as otherwise provided in this subsection, the powers granted in, the limitations and obligations imposed by, and the procedures specified in &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt; with respect to the issuance of bonds shall be applicable to the issuance of refunding bonds.</para>
        <para num="(9)">Any refunding bonds authorized to be issued and sold under the provisions of &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt; 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.</para>
      </para>
      <para num="(j)" heading="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.</para>
      <para num="(k)">In addition to the powers in &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt;, 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 &lt;cite data-doc="Md. Code" data-path="gec"&gt;Title 12, Subtitle 2 of the Economic Development Article of the Annotated Code of Maryland&lt;/cite&gt;.</para>
      <para num="(l)">In addition to the powers in &lt;cite data-path="II|§(62)"&gt;this section&lt;/cite&gt;, 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 &lt;cite data-doc="Md. Code" data-path="gec"&gt;Title 12, Subtitle 2 of the Economic Development Article of the Annotated Code of Maryland&lt;/cite&gt;.</para>
      <annotation type="History">Ch. 624, Acts of 1994</annotation>
      <annotation type="History">Chs. 9 and 10, Acts of 1996</annotation>
      <annotation type="History">Ch. 66, Acts of 2000</annotation>
      <annotation type="History">Ch. 170, Acts of 2001</annotation>
      <annotation type="History">Ch. 405, Acts of 2004</annotation>
      <annotation type="History">Ch. 338, Acts of 2008</annotation>
      <annotation type="History">Ch. 544, Acts of 2008</annotation>
      <annotation type="History">Ch. 624, Acts of 2013</annotation>
      <annotation type="History">Chs. 530 and 531, Acts of 2014</annotation>
    </section>
    <section prefix="§" num="(62A)" heading="Special Tax Districts.">
      <para num="(a)" heading="In general.">
        <para num="(1)">Subject to the provisions of &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; and for the purpose stated in paragraph (2) of this subsection, to:<para num="(i)">create a special taxing district;</para>
          <para num="(ii)">levy ad valorem or special taxes; and</para>
          <para num="(iii)">issue bonds and other obligations.</para>
        </para>
        <para num="(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.</para>
      </para>
      <para num="(b)" heading="Definitions.">In &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; the following words have the meanings indicated, unless the context clearly indicates another or different meaning or intent:<para num="(1)">“Abandoned property” has the meaning stated in § 21-17(a) of the Public Local Laws of Baltimore City.</para>
        <para num="(2)">“Affordable housing” has the meaning stated in &lt;cite data-path="II|§(62)|(b)"&gt;§ (62)(b) of this article&lt;/cite&gt;.</para>
        <para num="(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 &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt;.</para>
        <para num="(4)">“Cost” includes the cost of:<para num="(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;</para>
          <para num="(ii)">all machinery and equipment including machinery and equipment needed to expand or enhance city services to the special taxing district;</para>
          <para num="(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;</para>
          <para num="(iv)">extensions, enlargements, additions, and improvements;</para>
          <para num="(v)">architectural, engineering, financial, and legal services;</para>
          <para num="(vi)">plans, specifications, studies, surveys, and estimates of cost and of revenues;</para>
          <para num="(vii)">administrative expenses necessary or incident to determining to proceed with the infrastructure improvements;</para>
          <para num="(viii)">site removal;</para>
          <para num="(ix)">relocation of businesses and residents; and</para>
          <para num="(x)">other expenses as may be necessary or incident to the construction, acquisition, and financing of the infrastructure improvements.</para>
        </para>
        <para num="(5)">“Distressed property”  has the meaning stated in § 21-17(a) of the Public Local Laws of Baltimore City.</para>
        <para num="(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.</para>
        <para num="(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:<para num="(i)">such bonds are issued for the purposes specified in &lt;cite data-path="II|§(62A)|(a)|(2)"&gt;subsection (a)(2) of this section&lt;/cite&gt;;</para>
          <para num="(ii)">a request has been made to the Mayor and City Council of Baltimore by both:<para num="1.">the owners of at least two–thirds of the assessed valuation of the real property located within the special taxing district; and</para>
            <para num="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</para>
          </para>
          <para num="(iii)">the proceeds of such bonds have been applied in accordance with &lt;cite data-path="II|§(62A)|(d)"&gt;subsection (d) of this section&lt;/cite&gt;.</para>
        </para>
      </para>
      <para num="(c)" heading="Bond issuance on request.">
        <para num="(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 &lt;cite&gt;the Baltimore City Charter&lt;/cite&gt;, the Mayor and City Council of Baltimore may borrow money by issuing and selling bonds for the purpose stated in &lt;cite data-path="II|§(62A)|(a)|(2)"&gt;subsection (a)(2) of this section&lt;/cite&gt; if a request to the Mayor and City Council of Baltimore is made by both:<para num="(i)">the owners of at least two-thirds of the assessed valuation of the real property located within the special taxing district; and</para>
          <para num="(ii)">at least two-thirds of the owners of the real property located within the special taxing district, provided that:<para num="1.">multiple owners of a single parcel are treated as a single owner; and</para>
            <para num="2.">a single owner of multiple parcels is treated as one owner.</para>
          </para>
        </para>
        <para num="(2)">&lt;cite data-path="II|§(62A)"&gt;This section&lt;/cite&gt; is self-executing and does not require the Mayor and City Council of Baltimore to enact legislation to exercise the powers granted under &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt;.</para>
      </para>
      <para num="(d)" heading="Payment of bonds; Application of proceeds.">
        <para num="(1)">Bonds shall be payable from the special fund to the extent provided in the authorizing ordinance, as set forth in &lt;cite data-path="II|§(62A)|(e)"&gt;subsection (e) of this section&lt;/cite&gt;.</para>
        <para num="(2)">All proceeds received from any bonds issued and sold shall be applied solely to pay the cost of infrastructure improvements, including:<para num="(i)">costs of design, construction, establishment, extension, alteration, or acquisition of infrastructure improvements;</para>
          <para num="(ii)">costs of issuing bonds;</para>
          <para num="(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 &lt;cite data-path="II|§(62A)|(a)|(2)"&gt;subsection (a)(2) of this section&lt;/cite&gt;, including the refunding of bonds previously issued under &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt;; and</para>
          <para num="(iv)">funding of a debt service reserve fund or payment of interest prior to, during, or for a limited period of time after construction.</para>
        </para>
      </para>
      <para num="(e)" heading="Prerequisites for bond issuance.">
        <para num="(1)">Before issuing bonds, the Mayor and City Council of Baltimore shall by ordinance:<para num="(i)">designate an area or areas as a special taxing district;</para>
          <para num="(ii)">subject to paragraph (2) of this subsection, create a special fund with respect to the special taxing district; and</para>
          <para num="(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 &lt;cite data-path="II|§(62A)|(k)"&gt;subsection (k) of this section&lt;/cite&gt;.</para>
        </para>
        <para num="(2)">The ordinance creating a special fund under paragraph (1)(ii) of this subsection shall:<para num="(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;</para>
          <para num="(ii)">require that the proceeds from the tax be paid into the special fund;</para>
          <para num="(iii)">provide that assessments and taxes levied within the special taxing district may not be accelerated by reason of bond default; and</para>
          <para num="(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 &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt;.</para>
        </para>
        <para num="(3)">
          <para num="(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:<para num="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</para>
            <para num="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.</para>
          </para>
          <para num="(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.</para>
        </para>
      </para>
      <para num="(f)" heading="If bonds not outstanding; Termination of district.">
        <para num="(1)">When no bonds authorized by &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; 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 &lt;cite data-path="II|§(62A)|(e)|(1)"&gt;subsection (e)(1) of this section&lt;/cite&gt; may be:<para num="(i)">applied as provided in &lt;cite data-path="II|§(62A)|(d)"&gt;subsection (d) of this section&lt;/cite&gt; in accordance with the purposes set forth in &lt;cite data-path="II|§(62A)|(a)|(2)"&gt;subsection (a)(2) of this section&lt;/cite&gt;;</para>
          <para num="(ii)">accumulated for payment of debt service on bonds subsequently issued under &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; for any of the purposes described in subsection (a)(2) and whose proceeds are to be applied in accordance with &lt;cite data-path="II|§(62A)|(d)"&gt;subsection (d) of this section&lt;/cite&gt;; or</para>
          <para num="(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.</para>
        </para>
        <para num="(2)">
          <para num="(i)">The Mayor and City Council of Baltimore may enact an ordinance creating a special fund described in &lt;cite data-path="II|§(62A)|(e)|(1)|(ii)"&gt;subsection (e)(1)(ii) of this section&lt;/cite&gt; with respect to a special taxing district, even though no bonds authorized by &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; have been issued by the Mayor and City Council of Baltimore with respect to that special taxing district or are then outstanding.</para>
          <para num="(ii)">The taxes allocated to such special fund by &lt;cite data-path="II|§(62A)|(e)|(2)"&gt;subsection (e)(2) of this section&lt;/cite&gt; shall thereafter be paid over to Such special fund, as long as such ordinance remains in effect.</para>
        </para>
        <para num="(3)">When no bonds authorized by &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; are outstanding with respect to a special taxing district:<para num="(i)">the special taxing district shall be terminated; and</para>
          <para num="(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.</para>
        </para>
      </para>
      <para num="(g)" heading="Enabling ordinance.">
        <para num="(1)">In order to implement the authority conferred upon it by &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; to issue bonds, the Mayor and City Council of Baltimore shall enact an ordinance that:<para num="(i)">specifies and describes the proposed undertaking and states that it has complied with &lt;cite data-path="II|§(62A)|(e)"&gt;subsection (e) of this section&lt;/cite&gt;;</para>
          <para num="(ii)">specifies the maximum principal amount of bonds to be issued;</para>
          <para num="(iii)">specifies the maximum rate or rates of interest for the bonds; and</para>
          <para num="(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.</para>
        </para>
        <para num="(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:<para num="(i)">the actual principal amount of the bonds to be issued;</para>
          <para num="(ii)">the actual rate or rates of interest for the bonds;</para>
          <para num="(iii)">the manner in which and the terms upon which the bonds are to be sold;</para>
          <para num="(iv)">the manner in which and the times and places that the interest on the bonds is to be paid;</para>
          <para num="(v)">the time or times that the bonds may be executed, issued, and delivered;</para>
          <para num="(vi)">the form and tenor of the bonds and the denominations in which the bonds may be issued;</para>
          <para num="(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 &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt;;</para>
          <para num="(viii)">provisions pursuant to which any or all of the bonds may be called for redemption prior to their stated maturity dates;</para>
          <para num="(ix)">provisions establishing sinking funds or debt service reserve funds for the bonds;</para>
          <para num="(x)">provisions pledging other assets and revenues towards the payments of the principal of and interest on the bonds;</para>
          <para num="(xi)">provisions for municipal bond insurance or any other type of financial guaranty of the bonds; or</para>
          <para num="(xii)">any other provisions not inconsistent with &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; 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.</para>
        </para>
        <para num="(3)">
          <para num="(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 &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; 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.</para>
          <para num="(ii)">The ordinance enacted pursuant to this subsection, if such bonds constitute debt of the Mayor and City Council of Baltimore under &lt;cite data-doc="Md. Const." data-path="XI|§7"&gt;Article XI, § 7 of the Maryland Constitution&lt;/cite&gt;, 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.</para>
          <para num="(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.</para>
          <para num="(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 &lt;cite data-path="II|§(62A)|(c)|(1)"&gt;subsection (c)(1) of this section&lt;/cite&gt;.</para>
        </para>
        <para num="(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 &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; 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.</para>
      </para>
      <para num="(h)" heading="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.</para>
      <para num="(i)" heading="Form; Tenor; Sale.">
        <para num="(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.</para>
        <para num="(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.</para>
        <para num="(3)">All bonds shall mature not later than 40 years from their date of issuance.</para>
        <para num="(4)" />
        <para num="(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.</para>
      </para>
      <para num="(j)" heading="Bonds as legal investments, etc.">Bonds issued under &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; are securities:<para num="(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</para>
        <para num="(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.</para>
      </para>
      <para num="(k)" heading="Special tax.">
        <para num="(1)">As an alternative to levying ad valorem taxes under &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt;, 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.</para>
        <para num="(2)">In determining the basis for and amount of the tax, the cost of an infrastructure improvement may be calculated and levied:<para num="(i)">equally per front foot, lot, parcel, dwelling unit, or square foot;</para>
          <para num="(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</para>
          <para num="(iii)">in any other reasonable manner that results in fairly allocating the cost of the infrastructure improvements.</para>
        </para>
        <para num="(3)">The Mayor and City Council of Baltimore may provide by ordinance for:<para num="(i)">a maximum amount to be assessed with respect to any parcel of property located within a special taxing district;</para>
          <para num="(ii)">a tax year or other date after which no further special taxes under &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; shall be levied or collected on a parcel; and</para>
          <para num="(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.</para>
        </para>
        <para num="(4)">The Mayor and City Council of Baltimore by ordinance may establish procedures allowing for the prepayment of special taxes under &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; and may provide for exemptions, deferrals, and credits.</para>
        <para num="(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.</para>
      </para>
      <para num="(l)" heading="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.</para>
      <para num="(m)" heading="No pledge of full faith and credit.">Bonds issued under &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; 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.</para>
      <para num="(n)" heading="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.</para>
      <para num="(o)" heading="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.</para>
      <para num="(p)" heading="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.</para>
      <para num="(q)" heading="Refunding bonds.">
        <para num="(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 &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; 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 &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; 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.</para>
        <para num="(2)">Any refunding bonds authorized to be issued and sold under the provisions of &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; may be issued for the public purpose of:<para num="(i)">realizing savings to Baltimore City in the aggregate cost of debt service on either a direct comparison or present value basis; or</para>
          <para num="(ii)">debt restructuring that:<para num="1.">in the aggregate effects such a reduction in the cost of debt service; or</para>
            <para num="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.</para>
          </para>
        </para>
        <para num="(3)">Any refunding bonds authorized to be issued and sold under the provisions of &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; 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 &lt;cite data-path="II|§(62A)|(g)|(2)|(i)"&gt;subsection (g)(2)(i) of this section&lt;/cite&gt;.</para>
        <para num="(4)">Any refunding bonds authorized to be issued and sold under the provisions of &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; 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.</para>
        <para num="(5)">Any refunding bonds authorized to be issued and sold under the provisions of &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; 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.</para>
        <para num="(6)">Any refunding bonds authorized to be issued and sold under the provisions of &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; 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.</para>
        <para num="(7)">The proceeds of the sale of any refunding bonds authorized to be issued and sold under the provisions of &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt;, 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.</para>
        <para num="(8)">Except as otherwise provided in this subsection, the powers granted in, the limitations and obligations imposed by, and the procedures specified in &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; with respect to the issuance of bonds shall be applicable to the issuance of refunding bonds.</para>
        <para num="(9)">Any refunding bonds authorized to be issued and sold under the provisions of &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; 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.</para>
      </para>
      <para num="(r)" heading="Powers supplemental.">The powers granted under &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt; 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.</para>
      <para num="(s)" heading="Liberal construction.">&lt;cite data-path="II|§(62A)"&gt;This section&lt;/cite&gt;, being necessary for the welfare of the City of Baltimore and of its residents, shall be liberally construed to effect the purpose stated in &lt;cite data-path="II|§(62A)|(a)|(2)"&gt;subsection (a)(2) of this section&lt;/cite&gt;.</para>
      <para num="(t)">In addition to the powers in &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt;, 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 &lt;cite data-doc="Md. Code" data-path="gec"&gt;Title 12, Subtitle 2 of the Economic Development Article of the Annotated Code of Maryland&lt;/cite&gt;.</para>
      <para num="(u)">In addition to the powers in &lt;cite data-path="II|§(62A)"&gt;this section&lt;/cite&gt;, 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 &lt;cite data-doc="Md. Code" data-path="gec"&gt;Title 12, Subtitle 2 of the Economic Development Article of the Annotated Code of Maryland&lt;/cite&gt;.</para>
      <annotation type="History">Ch. 626, Acts of 2001</annotation>
      <annotation type="History">Ch. 510, Acts of 2005</annotation>
      <annotation type="History">Ch. 544, Acts of 2008</annotation>
      <annotation type="History">Ch. 624, Acts of 2013</annotation>
      <annotation type="History">Chs. 530 and 531, Acts of 2014</annotation>
    </section>
    <section prefix="§" num="(63)" heading="Community Benefits District Authorities.">
      <para num="(a)" heading="In general.">
        <para num="(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.</para>
        <para num="(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.</para>
        <para num="(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.</para>
      </para>
      <para num="(b)" heading="Charles Village Community Benefits District.">
        <para num="(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:<para num="(i)">on the south, a line beginning at the intersection of the center lines of 20&lt;sup&gt;th&lt;/sup&gt; Street and Howard Street, running east along the center line of 20&lt;sup&gt;th&lt;/sup&gt; Street to the center line of Guilford Avenue; then</para>
          <para num="(ii)">running north along the center line of Guilford Avenue to the center line of 25&lt;sup&gt;th&lt;/sup&gt; Street; then</para>
          <para num="(iii)">running east along the center line of 25&lt;sup&gt;th&lt;/sup&gt; 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 25&lt;sup&gt;th&lt;/sup&gt; Street); then</para>
          <para num="(iv)">running west along the center line of the CSX railroad tracks to the center line of Greenmount Avenue; then</para>
          <para num="(v)">running north along the center line of Greenmount Avenue to the center line of Old York Road; then</para>
          <para num="(vi)">running north along the center line of Old York Road to the center line of 43&lt;sup&gt;rd&lt;/sup&gt; Street; then</para>
          <para num="(vii)">running west along the center line of 43&lt;sup&gt;rd&lt;/sup&gt; Street to the center line of Greenmount Avenue; then</para>
          <para num="(viii)">running south along the center line of Greenmount Avenue to the center line of 33rd Street; then</para>
          <para num="(ix)">running west along the center line of 33&lt;sup&gt;rd&lt;/sup&gt; Street to the center line of Charles Street; then</para>
          <para num="(x)">running south along the center line of Charles Street to the center line of 29&lt;sup&gt;th&lt;/sup&gt; Street; then</para>
          <para num="(xi)">running west along the center line of 29&lt;sup&gt;th&lt;/sup&gt; Street to the center line of Howard Street; then running south along the center line of Howard Street to the center line of 26&lt;sup&gt;th&lt;/sup&gt; Street; then</para>
          <para num="(xii)">running west along the center line of 26&lt;sup&gt;th&lt;/sup&gt; Street to the center line of Huntingdon Avenue; then running south along the center line of Huntingdon Avenue to the center line of 25&lt;sup&gt;th&lt;/sup&gt; Street; then</para>
          <para num="(xiii)">running east along the center line of 25&lt;sup&gt;th&lt;/sup&gt; Street to the center line of Howard Street; then</para>
          <para num="(xiv)">running south along the center line of Howard Street to the center line of 24&lt;sup&gt;th&lt;/sup&gt; Street; then</para>
          <para num="(xv)">running west along the center line of 24&lt;sup&gt;th&lt;/sup&gt; Street to the center line of Huntingdon Avenue; then</para>
          <para num="(xvi)">running south along the center line of Huntingdon Avenue to the center line of 23&lt;sup&gt;rd&lt;/sup&gt; Street; then running west along the center line of 23&lt;sup&gt;rd&lt;/sup&gt; Street to the center line of Huntingdon Avenue; then</para>
          <para num="(xvii)">running south along the center line of Huntingdon Avenue to the center line of 21&lt;sup&gt;st&lt;/sup&gt; Street; then</para>
          <para num="(xviii)">running east along the center line of 21&lt;sup&gt;st&lt;/sup&gt; Street to the center line of Howard Street; then</para>
          <para num="(xix)">running south along the center line of Howard Street to the center line of 20&lt;sup&gt;th&lt;/sup&gt; Street (point of origin).</para>
        </para>
        <para num="(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.</para>
      </para>
      <para num="(c)" heading="Scope of establishing ordinance.">An ordinance establishing a community benefits district management authority shall address the following:<para num="(1)">specify the powers and functions within the limits of &lt;cite data-path="II|§(63)"&gt;this section&lt;/cite&gt;, 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.</para>
        <para num="(2)">specify the duration of the Authority and define the boundaries of the district.</para>
        <para num="(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.</para>
        <para num="(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 &lt;cite data-path="II|§(63)"&gt;this section&lt;/cite&gt;.  A voting member of the board must be eligible to vote in the election under subsection (j) &lt;em&gt;{subsection (k)} &lt;/em&gt;of &lt;cite data-path="II|§(63)"&gt;this section&lt;/cite&gt;.</para>
        <para num="(5)">determine what classes of property in the district owned by public service companies as defined in &lt;cite data-doc="Md. Code" data-path="78"&gt;Article 78 of the Annotated Code of Maryland&lt;/cite&gt; &lt;em&gt;{now, Public Utility Companies Article} &lt;/em&gt;shall be subject to or exempt from taxes or charges under &lt;cite data-path="II|§(63)"&gt;this section&lt;/cite&gt;.</para>
      </para>
      <para num="(d)" heading="Powers of Authority.">As provided by ordinance, the Authority may have the power:<para num="(1)">to be a special tax district and to conduct the functions which are assigned to it by the City;</para>
        <para num="(2)">to acquire, hold and use property necessary to achieve its purposes;</para>
        <para num="(3)">to make contracts;</para>
        <para num="(4)">to sue and be sued;</para>
        <para num="(5)">to borrow and accept grants for purposes consistent with the purposes of the Authority;</para>
        <para num="(6)">to employ and discharge personnel to carry out its public purposes;</para>
        <para num="(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;</para>
        <para num="(8)">to adopt, amend and modify bylaws, all of which shall be subject to the approval of the Board of Estimates;</para>
        <para num="(9)">to establish and elect officers and provide for their terms and duties;</para>
        <para num="(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</para>
        <para num="(11)">to do all things necessary or convenient to carry out its powers.</para>
      </para>
      <para num="(e)" heading="Limitations.">An Authority created under &lt;cite data-path="II|§(63)"&gt;this section&lt;/cite&gt; may not:<para num="(1)">exercise any police or general powers other than those authorized by State law and City ordinance;</para>
        <para num="(2)">pledge the full faith or credit of the City;</para>
        <para num="(3)">impose taxes or charges in excess of those approved by the Board of Estimates;</para>
        <para num="(4)">exercise the power of eminent domain;</para>
        <para num="(5)">extend its life without the approval of the City Council;</para>
        <para num="(6)">except as otherwise provided by law, engage in competition with the private sector;</para>
        <para num="(7)">except as otherwise provided in subsection (i) &lt;em&gt;{subsection (j)} &lt;/em&gt;of &lt;cite data-path="II|§(63)"&gt;this section&lt;/cite&gt;, revert charges or taxes collected pursuant to &lt;cite data-path="II|§(63)"&gt;this section&lt;/cite&gt; to the General Fund of the City;</para>
        <para num="(8)">be an agency of the Mayor and City Council of Baltimore or the State of Maryland&lt;em&gt;{,}&lt;/em&gt; 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;</para>
        <para num="(9)">employ individuals who reside outside the City of Baltimore; and</para>
        <para num="(10)">except as required or appropriate to facilitate its normal operations, incur debt.</para>
      </para>
      <para num="(f)" heading="Considerations.">In adopting an ordinance, the City Council shall:<para num="(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;</para>
        <para num="(2)">make a determination that a district created under &lt;cite data-path="II|§(63)"&gt;this section&lt;/cite&gt; will reflect a diverse mix of business and residential properties; and</para>
        <para num="(3)">make a determination that a district created under &lt;cite data-path="II|§(63)"&gt;this section&lt;/cite&gt; will reflect a diverse economic, social, and racial mix.</para>
      </para>
      <para num="(g)" heading="Periodic review — General.">The Mayor and City Council shall review the effectiveness and desirability of continuing the existence of any district established under &lt;cite data-path="II|§(63)"&gt;this section&lt;/cite&gt; every 4 years from the enactment of the ordinance.</para>
      <para num="(h)" heading="Periodic review — Specific.">
        <para num="(1)">The Mayor and City Council shall review and determine the desirability of continuing the existence of each community benefits district established under &lt;cite data-path="II|§(63)"&gt;this section&lt;/cite&gt; every 4 years:<para num="(i)">beginning with the first meeting of the Mayor and City Council in December 2001 for the Charles Village Community Benefits District, Management Authority;</para>
          <para num="(ii)">beginning with the first meeting of the Mayor and City Council in December, 2003 for the Midtown Community Benefits District; and</para>
          <para num="(iii)">beginning 4 years after the date of the establishment of any other community benefits district created under &lt;cite data-path="II|§(63)"&gt;this section&lt;/cite&gt;.</para>
        </para>
        <para num="(2)">If the continuing existence of a community benefits district is not approved:<para num="(i)">the district shall cease to exist at the end of the City’s fiscal year in which approval was not granted; and</para>
          <para num="(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.</para>
        </para>
      </para>
      <para num="(i)" heading="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.</para>
      <para num="(j)" heading="Dissolution.">In the event of a dissolution of a community benefits district, any unspent funds shall revert back to the City’s General Fund.</para>
      <para num="(k)" heading="Approval by affected voters.">
        <para num="(1)">An ordinance adopted pursuant to &lt;cite data-path="II|§(63)"&gt;this section&lt;/cite&gt; shall take effect only if approved by 58% of the aggregate votes cast in a special election by the affected voters.</para>
        <para num="(2)">The ordinance shall provide criteria for the eligibility of voters for purposes of the election required by this subsection.</para>
        <para num="(3)">The ordinance shall provide procedures for a special election as required in this subsection, which may be administered by write-in ballots.</para>
      </para>
      <annotation type="History">Ch. 732, Acts of 1994</annotation>
      <annotation type="History">Ch. 3, Acts of 1995</annotation>
      <annotation type="History">Ch. 10, Acts of 1996</annotation>
      <annotation type="History">Ch. 655, Acts of 1997</annotation>
      <annotation type="History">Ch. 89, Acts of 2000</annotation>
      <annotation type="History">Ch. 475, Acts of 2003</annotation>
      <annotation type="History">Chs. 226 and 227, Acts of 2018</annotation>
    </section>
    <section prefix="§" num="(64)" heading="“Child First” Authority.">
      <para num="(a)" heading="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.</para>
      <para num="(b)" heading="Nature of Authority.">The Authority established under &lt;cite data-path="II|§(64)"&gt;this section&lt;/cite&gt;:<para num="(1)">is an independent unit of the Baltimore City government;</para>
        <para num="(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</para>
        <para num="(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.</para>
      </para>
      <para num="(c)" heading="Powers of Authority.">The Authority established under &lt;cite data-path="II|§(64)"&gt;this section&lt;/cite&gt;:<para num="(1)">shall have a management board and executive director as prescribed in the ordinance adopted under &lt;cite data-path="II|§(64)"&gt;this section&lt;/cite&gt;;</para>
        <para num="(2)">may sue or be sued;</para>
        <para num="(3)">may acquire, lease, or hold property for the purposes of the Authority;</para>
        <para num="(4)">may incur limited obligation debt that shall be an obligation solely of the Authority if authorized by the ordinance;</para>
        <para num="(5)">may employ staff or contract for any services necessary to carry out the purposes of the Authority;</para>
        <para num="(6)">may adopt bylaws and regulations concerning the operation of the Authority;</para>
        <para num="(7)">may establish fees necessary for the operation of the Authority;</para>
        <para num="(8)">may make contracts of any kind and execute any instrument necessary to carry out the purposes of the Authority;</para>
        <para num="(9)">may accept from any public or private entity grants or other revenue necessary to carry out the purposes of the Authority; and</para>
        <para num="(10)">shall have any additional powers granted under and subject to the ordinance enacted under &lt;cite data-path="II|§(64)"&gt;this section&lt;/cite&gt;.</para>
      </para>
      <para num="(d)" heading="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.</para>
      <annotation type="History">Ch. 642, Acts of 1996</annotation>
    </section>
    <section prefix="§" num="(65)" heading="Land Bank Authority.">
      <para num="(a)" heading="Definitions.">
        <para num="(1)" heading="In general.">In &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt; the following words have the meanings indicated.</para>
        <para num="(2)">
            &lt;em&gt;Authority”&lt;/em&gt;
          
“Authority” means a nonprofit or quasi-governmental entity created by Baltimore City under &lt;cite data-path="II|§(65)|(c)"&gt;subsection (c) of this section&lt;/cite&gt;.</para>
        <para num="(3)" heading="Board.">“Board” means the Board of Directors of the Authority.</para>
        <para num="(4)" heading="Bond.">
          <para num="(i)">“Bond” means a bond issued by the Authority under this subtitle.</para>
          <para num="(ii)">“Bond” includes a bond, a refunding bond, a note, and any other obligation.</para>
        </para>
        <para num="(5)" heading="Cost.">“Cost” includes:<para num="(i)">the purchase price of property;</para>
          <para num="(ii)">the cost to acquire any right, title, or interest in property;</para>
          <para num="(iii)">the cost of any improvements made to property;</para>
          <para num="(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;</para>
          <para num="(v)">the cost of any property, right, easement, franchise, and permit associated with a project;</para>
          <para num="(vi)">the cost of labor, machinery, and equipment necessary to implement a project;</para>
          <para num="(vii)">financing charges;</para>
          <para num="(viii)">interest and reserves for principal and interest and for improvements;</para>
          <para num="(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;</para>
          <para num="(x)">administrative expenses; and</para>
          <para num="(xi)">other expenses as necessary or incident to:<para num="1.">financing a project;</para>
            <para num="2.">acquiring and improving a project;</para>
            <para num="3.">placing a project in operation, including reasonable provision for working capital; and</para>
            <para num="4.">operating and maintaining a project.</para>
          </para>
        </para>
        <para num="(6)" heading="Finance.">“Finance” includes refinance.</para>
        <para num="(7)" heading="Project.">
          <para num="(i)">“Project” means any organized plan carried out by the Authority in relation to:<para num="1.">acquiring and rehabilitating abandoned and dilapidated properties; and</para>
            <para num="2.">marketing and leasing or selling the rehabilitated properties.</para>
          </para>
          <para num="(ii)">“Project” includes:<para num="1.">acquiring land or an interest in land;</para>
            <para num="2.">acquiring structures, equipment, and furnishings located on a property;</para>
            <para num="3.">acquiring property that is functionally related and subordinate to a project; and</para>
            <para num="4.">obtaining or contracting for any services necessary for the rehabilitation of a property.</para>
          </para>
        </para>
        <para num="(8)" heading="Revenues.">
          <para num="(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.</para>
          <para num="(ii)">“Revenues” includes grants, rentals, rates, fees, and charges.</para>
        </para>
        <para num="(9)" heading="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.</para>
        <para num="(10)" heading="Trust agreement.">
          <para num="(i)">“Trust agreement” means an agreement entered into by the Authority to secure a bond.</para>
          <para num="(ii)">“Trust agreement” may include a bond contract, bond resolution, or other contract with or for the benefit of a bondholder.</para>
        </para>
      </para>
      <para num="(b)" heading="Construction of section.">
        <para num="(1)">&lt;cite data-path="II|§(65)"&gt;This section&lt;/cite&gt; shall be liberally construed to accomplish its purposes.</para>
        <para num="(2)">The powers granted to the Authority under &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt; shall be construed as supplemental and in addition to powers granted to the Authority under any State or local law.</para>
        <para num="(3)">&lt;cite data-path="II|§(65)"&gt;This section&lt;/cite&gt; does not authorize the Authority to:<para num="(i)">exercise the power of eminent domain; or</para>
          <para num="(ii)">levy any tax or special assessment.</para>
        </para>
      </para>
      <para num="(c)" heading="Establishment of Authority.">
        <para num="(1)">By ordinance, Baltimore City may establish a land bank authority in accordance with &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt;.</para>
        <para num="(2)">An ordinance adopted under paragraph (1) of this subsection shall include proposed articles of incorporation of the Authority that state:<para num="(i)">the name of the Authority, which shall be “Land Bank Authority of Baltimore City”;</para>
          <para num="(ii)">that the Authority is formed under &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt;;</para>
          <para num="(iii)">the names, addresses, and terms of office of the initial members of the Board of
Directors of the Authority;</para>
          <para num="(iv)">the address of the principal office of the Authority;</para>
          <para num="(v)">the purposes for which the Authority is formed; and</para>
          <para num="(vi)">the powers of the Authority subject to the limitations on the powers of the Authority under &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt;.</para>
        </para>
        <para num="(3)">
          <para num="(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.</para>
          <para num="(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.</para>
          <para num="(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.</para>
        </para>
        <para num="(4)">
          <para num="(i)">By ordinance, Baltimore City may adopt an amendment to the articles of incorporation of the Authority.</para>
          <para num="(ii)">Articles of amendment may contain any provision that lawfully could be contained in articles of incorporation at the time of the amendment.</para>
          <para num="(iii)">The articles of amendment shall be filed for recordation with the State Department of Assessments and Taxation.</para>
          <para num="(iv)">The articles of amendment are effective as of the time the State Department of Assessments and Taxation accepts the articles for recordation.</para>
          <para num="(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.</para>
        </para>
        <para num="(5)">
          <para num="(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:<para num="1.">set or change the structure, organization, procedures, programs, or activities of the Authority; or</para>
            <para num="2.">terminate the Authority.</para>
          </para>
          <para num="(ii)">On termination of the Authority:<para num="1.">title to all property of the Authority shall be transferred to and shall vest in Baltimore City; and</para>
            <para num="2.">all obligations of the Authority shall be transferred to and assumed by Baltimore City.</para>
          </para>
        </para>
      </para>
      <para num="(d)" heading="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:<para num="(1)">appointment procedures;</para>
        <para num="(2)">term lengths;</para>
        <para num="(3)">removal procedures;</para>
        <para num="(4)">election of a chair; and</para>
        <para num="(5)">powers of the Board.</para>
      </para>
      <para num="(e)" heading="Authority’s powers – General.">
        <para num="(1)">Except as limited by the Authority’s articles of incorporation, the Authority has all the powers set forth in &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt;.</para>
        <para num="(2)">The Authority may:<para num="(i)">adopt bylaws for the conduct of business of the Authority;</para>
          <para num="(ii)">sue and be sued;</para>
          <para num="(iii)">maintain an office at a place the Authority designates;</para>
          <para num="(iv)">borrow money;</para>
          <para num="(v)">issue bonds and other obligations for any corporate purpose in accordance with &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt; or an ordinance adopted under &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt;;</para>
          <para num="(vi)">invest money of the Authority in instruments, obligations, securities, or property;</para>
          <para num="(vii)">enter into contracts and execute the instruments or agreements necessary or convenient to carry out &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt; or an ordinance adopted under &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt; to accomplish their purposes;</para>
          <para num="(viii)">solicit and accept gifts, grants, loans, or other assistance in any form from any public or private source, subject to the provisions of &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt; or any ordinance adopted under &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt;;</para>
          <para num="(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;</para>
          <para num="(x)">contract for goods and services;</para>
          <para num="(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;</para>
          <para num="(xii)">contract with public or private entities for the provision of services necessary for the management and operation of the Authority;</para>
          <para num="(xiii)">provide acquisition, management, and sale services to Baltimore City for City- owned property;</para>
          <para num="(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;</para>
          <para num="(xv)">exercise a power usually possessed by a private corporation in performing similar functions unless to do so would conflict with State law; and</para>
          <para num="(xvi)">do all things necessary or convenient to carry out the powers expressly granted by &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt; or by an ordinance adopted under &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt;.</para>
        </para>
        <para num="(3)">The Authority may delegate to a member or officer a power granted to the Authority by &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt;, including the power to execute a bond, obligation, certificate, deed, lease, mortgage agreement, or other document or instrument.</para>
      </para>
      <para num="(f)" heading="Authority’s powers – Acquisition, etc., of real property.">
        <para num="(1)">The Authority may:<para num="(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;</para>
          <para num="(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;</para>
          <para num="(iii)">sell, lease as lessor, transfer, and dispose of the Authority’s property or interest in property;</para>
          <para num="(iv)">procure insurance against loss in connection with the property, assets, or activities of the Authority; and</para>
          <para num="(v)">execute deeds, mortgages, contracts, leases, purchases, or other agreements regarding the property of the Authority.</para>
        </para>
        <para num="(2)">Property purchased, owned, or sold under this subsection may not be located outside of Baltimore City.</para>
      </para>
      <para num="(g)" heading="Staff and consultants.">The Authority may employ staff and retain consultants as employees or agents that the Authority considers necessary and set their compensation.</para>
      <para num="(h)" heading="Appointment as receiver.">The court may appoint the Authority to serve as a receiver in a receivership proceeding filed by Baltimore City.</para>
      <para num="(i)" heading="Code of ethics; Policies and procedures; Open government.">
        <para num="(1)">The Authority shall:<para num="(i)">adopt a code of ethics for the Authority’s directors, officers, and employees;</para>
          <para num="(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</para>
          <para num="(iii)">comply with the State Open Meetings Act under &lt;cite data-doc="Md. Code" data-path="gsg"&gt;Title 10, Subtitle 5 and Subtitle 6, Part III of the State Government Article of the Annotated Code of Maryland&lt;/cite&gt; &lt;em&gt;{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}&lt;/em&gt;.</para>
        </para>
        <para num="(2)">Except as otherwise provided in &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt; or the ordinance establishing an Authority, the procedures of Baltimore City control any matter relating to the internal administration of the Authority.</para>
      </para>
      <para num="(j)" heading="Powers at tax sale; Immunities.">
        <para num="(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.</para>
        <para num="(2)">The Authority may have the same immunities as Baltimore City.</para>
      </para>
      <para num="(k)" heading="Property rights.">
        <para num="(1)">With respect to property held or owned by the Authority, the Authority may:<para num="(i)">grant or acquire a license, easement, or option;</para>
          <para num="(ii)">fix, charge, and collect rents, fees, and charges for use of the property;</para>
          <para num="(iii)">pay taxes or special assessments due;</para>
          <para num="(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;</para>
          <para num="(v)">abate violations of the local and State building, fire, health, and related codes; and</para>
          <para num="(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.</para>
        </para>
        <para num="(2)">The Authority shall be made a party to, and shall defend any action or proceeding concerning, claims against property held by the Authority.</para>
      </para>
      <para num="(l)" heading="Property inventory, classification; Recording fee exemption.">
        <para num="(1)">Property held by the Authority shall be inventoried and classified according to title status and suitability for use.</para>
        <para num="(2)">A register of deeds in Baltimore City may not charge a fee to record a document evidencing the transfer under &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt; of property to the Authority by the State or Baltimore City.</para>
      </para>
      <para num="(m)" heading="Tax delinquent properties.">
        <para num="(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:<para num="(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</para>
          <para num="(ii)">delinquent specific taxes levied by a local taxing jurisdiction.</para>
        </para>
        <para num="(2)">Except as otherwise provided by law, conveyance of property by deed instead of foreclosure under &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt; may not affect or impair any other lien against the property or any existing recorded or unrecorded interest in the property, including:<para num="(i)">future installments of special assessments;</para>
          <para num="(ii)">liens recorded by the State;</para>
          <para num="(iii)">easements or rights-of-way;</para>
          <para num="(iv)">private deed restrictions;</para>
          <para num="(v)">security interests and mortgages; or</para>
          <para num="(vi)">tax liens of other taxing jurisdictions that do not consent to a release of their liens.</para>
        </para>
        <para num="(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:<para num="(i)">Baltimore City with respect to a lien held by Baltimore City;</para>
          <para num="(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;</para>
          <para num="(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</para>
          <para num="(iv)">the State Comptroller with respect to a State tax lien.</para>
        </para>
      </para>
      <para num="(n)" heading="Money from property redemption or sale.">
        <para num="(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.</para>
        <para num="(2)">Proceeds received by the Authority may be retained by the Authority for the purposes of &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt;, unless otherwise designated by:<para num="(i)">&lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt;;</para>
          <para num="(ii)">the provisions of a deed;</para>
          <para num="(iii)">any other law; or</para>
          <para num="(iv)">an agreement of the Authority.</para>
        </para>
      </para>
      <para num="(o)" heading="Exemption from taxes or assessments.">
        <para num="(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.</para>
        <para num="(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.</para>
        <para num="(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.</para>
      </para>
      <para num="(p)" heading="Civil actions.">
        <para num="(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.</para>
        <para num="(2)">
          <para num="(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.</para>
          <para num="(ii)">A hearing in any such proceeding may not be held until the Authority is served in accordance with the Maryland Rules.</para>
        </para>
      </para>
      <para num="(q)" heading="Public and governmental function and purpose.">
        <para num="(1)">Property of the Authority is public property devoted to an essential public and governmental function and purpose.</para>
        <para num="(2)">Income of the Authority is considered to be for a public and governmental purpose.</para>
      </para>
      <para num="(r)" heading="Local laws.">The Authority is subject to any local:<para num="(1)">zoning laws;</para>
        <para num="(2)">permitting processes for construction, demolition, or repair of a property; and</para>
        <para num="(3)">land use controls.</para>
      </para>
      <para num="(s)" heading="Annual reports.">The Authority shall report annually to the Mayor and City Council of Baltimore City and, in accordance with &lt;cite data-doc="Md. Code" data-path="gsg|2-1246"&gt;§ 2-1246 of the State Government Article of the Annotated Code of Maryland&lt;/cite&gt;, the General Assembly on the activities of the Authority.</para>
      <para num="(t)" heading="Power to issue bonds.">
        <para num="(1)">
          <para num="(i)">The Authority may periodically:<para num="1.">issue bonds to pay all or part of the cost of acquiring or improving property;</para>
            <para num="2.">fund or refund those bonds;</para>
            <para num="3.">purchase bonds with any funds available; and</para>
            <para num="4.">hold, pledge, cancel, or resell bonds.</para>
          </para>
          <para num="(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:<para num="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;</para>
            <para num="2.">creating security for the bonds;</para>
            <para num="3.">providing for the administration of bond issues; and</para>
            <para num="4.">taking other actions it considers appropriate concerning the bonds.</para>
          </para>
          <para num="(iii)">The power granted in subparagraph (ii) of this paragraph is in addition to powers conferred on the Authority by &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt; and does not limit any power of the Authority under &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt;.</para>
          <para num="(iv)">
            <para num="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.</para>
            <para num="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.</para>
          </para>
        </para>
        <para num="(2)">The Authority may issue the bonds at one time or in one or more series from time to time.</para>
        <para num="(3)">For each issue of the Authority’s bonds, the Authority shall pass a resolution that:<para num="(i)">specifies and describes the project for which the proceeds of the bond issuance are intended;</para>
          <para num="(ii)">generally describes the public purpose and the financing transaction to be accomplished;</para>
          <para num="(iii)">specifies the maximum principal amount of the bonds that may be issued by the Authority; and</para>
          <para num="(iv)">imposes any terms or conditions on the issuance and sale of the bonds that the Authority considers appropriate.</para>
        </para>
        <para num="(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.</para>
        <para num="(5)">
          <para num="(i)">The bonds may be:<para num="1.">serial bonds;</para>
            <para num="2.">term bonds; or</para>
            <para num="3.">both in the discretion of the Authority.</para>
          </para>
          <para num="(ii)">Subject to any delegation under paragraph (l)(ii) of this subsection, the resolution authorizing bonds may provide:<para num="1.">the dates of the bonds;</para>
            <para num="2.">the maturity dates of the bonds;</para>
            <para num="3.">the interest rates on the bonds;</para>
            <para num="4.">the time at which the bonds will be payable;</para>
            <para num="5.">the denominations of the bonds;</para>
            <para num="6.">whether the bonds will be in coupon or registered form;</para>
            <para num="7.">any registration privileges of the bonds;</para>
            <para num="8.">the manner of execution of the bonds;</para>
            <para num="9.">the place at which the bonds will be payable; and</para>
            <para num="10.">any terms of redemption of the bonds.</para>
          </para>
          <para num="(iii)">The bonds shall mature within a period not to exceed 50 years after the date of issue.</para>
          <para num="(iv)">The bonds shall be payable in United States currency.</para>
        </para>
        <para num="(6)">
          <para num="(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.</para>
          <para num="(ii)">Bonds are exempt from §&lt;cite data-doc="Md. Code" data-path="gsf|8-206"&gt;§ 8-206 and 8-208 of the State Finance and Procurement Article of the Annotated Code of Maryland&lt;/cite&gt;.</para>
        </para>
        <para num="(7)">An officer’s signature or facsimile on a bond remains valid even if the officer leaves office before the bond is delivered.</para>
        <para num="(8)">Pending preparation of the definitive bonds, the Authority may issue interim receipts or certificates that will be exchanged for definitive bonds.</para>
        <para num="(9)">
          <para num="(i)">A trust agreement authorizing bonds may contain provisions that are part of the contract with the bondholders.</para>
          <para num="(ii)">The provisions may include:<para num="1.">pledging the following to secure payment of bonds, subject to any existing agreements with bondholders:<para num="A.">the full faith and credit of the Authority;</para>
              <para num="B.">revenues of a project;</para>
              <para num="C.">a revenue-producing contract the Authority has made with a person or public entity; or</para>
              <para num="D.">the proceeds of the sale of bonds;</para>
            </para>
            <para num="2.">the rates, rentals, fees, and other charges, the amounts to be raised in each year, and the use and disposition of the revenues;</para>
            <para num="3.">the setting aside of reserves and sinking funds and their disposition;</para>
            <para num="4.">limits on the right of the Authority or the Authority’s agents to restrict and regulate the use of a project;</para>
            <para num="5.">limits on the purpose to which the proceeds of sale of bonds may be applied;</para>
            <para num="6.">limits on issuing additional bonds and refunding bonds and the terms under which additional bonds may be issued and secured;</para>
            <para num="7.">the procedure to amend or abrogate the terms of a contract with bondholders and the requirements for consent;</para>
            <para num="8.">limits on the amount of project revenues to be expended for operating, administrative, or other expenses of the Authority;</para>
            <para num="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;</para>
            <para num="10.">the conveyance or mortgaging of a project and its site to secure the bondholders; and</para>
            <para num="11.">the creation and disposition of a collateral fund for the purpose of securing the bondholders.</para>
          </para>
        </para>
        <para num="(10)">The members of the Authority and a person executing the bonds may not be held liable personally on the bonds.</para>
      </para>
      <para num="(u)" heading="Trust agreements.">
        <para num="(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.</para>
        <para num="(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.</para>
      </para>
      <para num="(v)" heading="Authority’s bond determinations conclusive.">Notwithstanding any other provision of &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt;, in a proceeding involving the validity or enforceability of a bond or the security for a bond, the determination of the Authority under &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt; is conclusive and binding.</para>
      <para num="(w)" heading="Bonds as securities.">Bonds are securities:<para num="(1)">in which any of the following persons may legally and properly invest moniey, including capital that the person owns or controls:<para num="(i)">an officer or unit of the State or a political subdivision;</para>
          <para num="(ii)">a bank, trust company, savings and loan association, investment company, or other person conducting a banking business;</para>
          <para num="(iii)">an insurance company, insurance association, or other person conducting an insurance business;</para>
          <para num="(iv)">a personal representative, guardian, trustee, or other fiduciary; and</para>
          <para num="(v)">any other person; and</para>
        </para>
        <para num="(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.</para>
      </para>
      <para num="(x)" heading="Bonds not debt or liability of State.">
        <para num="(1)">A bond is not:<para num="(i)">a debt or liability of the State or a political subdivision of the State; or</para>
          <para num="(ii)">a pledge of the faith and credit of the State or a political subdivision of the State.</para>
        </para>
        <para num="(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.</para>
        <para num="(3)">The issuance of bonds does not directly, indirectly, or contingently obligate the State or its political subdivisions:<para num="(i)">to levy or pledge a tax to pay the bonds; or</para>
          <para num="(ii)">to make an appropriation to pay the bonds.</para>
        </para>
        <para num="(4)">Nothing in &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt; prohibits the Authority from pledging its full faith and credit in connection with the issuance of bonds.</para>
      </para>
      <para num="(y)" heading="Authority’s powers related to projects.">
        <para num="(1)">The Authority may:<para num="(i)">fix and collect rates, rents, fees, and charges related to a project and for the services related to a project; and</para>
          <para num="(ii)">contract with any person or governmental entity to exercise its authority under this subsection.</para>
        </para>
        <para num="(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:<para num="(i)">pay for the expenses of the project;</para>
          <para num="(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</para>
          <para num="(iii)">create and maintain reserves required or provided for in a trust agreement.</para>
        </para>
        <para num="(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.</para>
      </para>
      <para num="(z)" heading="Pledge of revenues.">
        <para num="(1)">
          <para num="(i)">Any pledge of revenues and other money under &lt;cite data-path="II|§(65)|(t)|(9)"&gt;subsection (t)(9) of this section&lt;/cite&gt; is valid and binding from the time the pledge is made.</para>
          <para num="(ii)">
            <para num="1.">The revenue or money that the Authority pledges and receives is subject immediately to the lien of the pledge.</para>
            <para num="2.">Neither physical delivery of the revenue or money nor any other act is required to validate the lien.</para>
          </para>
          <para num="(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.</para>
        </para>
        <para num="(2)">The trust agreement and any other agreement or lease creating a pledge under &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt; need not be filed or recorded, except in the records of the Authority.</para>
      </para>
      <para num="(aa)" heading="Revenues are trust funds.">
        <para num="(1)">Proceeds from the sale of bonds and other revenues received under &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt; are trust funds to be held and applied solely as provided in &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt;.</para>
        <para num="(2)">
          <para num="(i)">Each officer, bank, or trust company that receives trust money from the Authority under &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt; shall act as trustee of the money and shall hold and apply the money for the purposes specified under &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt;.</para>
          <para num="(ii)">The officer, bank, or trust company holding money is subject to:<para num="1.">any regulation adopted under &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt;; and</para>
            <para num="2.">the resolution authorizing the issuance of bonds or the trust agreement.</para>
          </para>
        </para>
      </para>
      <para num="(bb)" heading="Refunding bonds.">
        <para num="(1)">
          <para num="(i)">The Authority may issue bonds to refund outstanding bonds of the Authority, including paying:<para num="1.">any redemption premium;</para>
            <para num="2.">interest accrued or to accrue to the date of redemption, purchase, or maturity of the bonds; and</para>
            <para num="3.">if considered advisable by the Authority, any part of the cost of acquiring or improving property as part of a project.</para>
          </para>
          <para num="(ii)">Refunding bonds may be issued for any corporate purpose, including:<para num="1.">realizing savings in the effective costs of debt service, directly or through a debt restructuring; or</para>
            <para num="2.">alleviating a potential or actual default.</para>
          </para>
        </para>
        <para num="(2)">A refunding bond that the Authority issues under this subsection shall be issued in the same manner and is subject to &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt; to the same extent as any other bond.</para>
        <para num="(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.</para>
      </para>
      <para num="(cc)" heading="Bond anticipation notes.">
        <para num="(1)">The Authority may issue negotiable bond anticipation notes in anticipation of the sale of bonds for any corporate purpose.</para>
        <para num="(2)">Bond anticipation notes issued under this subsection shall be issued in the same manner as bonds.</para>
        <para num="(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.</para>
        <para num="(4)">The Authority may issue bond anticipation notes to pay any other bond anticipation notes.</para>
        <para num="(5)">Bond anticipation notes shall be paid from:<para num="(i)">revenues of the Authority;</para>
          <para num="(ii)">money available and not otherwise pledged; or</para>
          <para num="(iii)">the proceeds of the sale of the bonds in anticipation of which the notes were issued.</para>
        </para>
      </para>
      <para num="(dd)" heading="Conveyance of title.">
        <para num="(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:<para num="(i)">
            <para num="1.">the principal of and interest on bonds issued to finance the project, including any refunding bonds, have been fully paid and retired; or</para>
            <para num="2.">adequate provision has been made to fully pay and retire the bonds;</para>
          </para>
          <para num="(ii)">all other conditions of the trust agreement have been satisfied; and</para>
          <para num="(iii)">the lien of the trust agreement has been released.</para>
        </para>
        <para num="(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.</para>
      </para>
      <para num="(ee)">
          &lt;em&gt;Protection and enforcement of bondholders’, etc., rights,&lt;/em&gt;
        <para num="(1)">A bondholder, a holder of any coupons attached to bonds, or a trustee under a trust agreement securing the bonds may sue to:<para num="(i)">protect and enforce rights under laws of the State or a trust agreement; and</para>
          <para num="(ii)">enforce and compel the performance of duties by the Authority or its officer, employee, or agent that &lt;cite data-path="II|§(65)"&gt;this section&lt;/cite&gt; or a trust agreement requires, including fixing and collecting rates, rents, fees, and charges that the trust agreement requires to be fixed and collected.</para>
        </para>
        <para num="(2)">The rights under this subsection are subject to any trust agreement.</para>
      </para>
      <annotation type="History">Ch. 624, Acts of 2009</annotation>
    </section>
    <section prefix="§" num="(66)" heading="Community Benefits District Authority – East Baltimore.">
      <para num="(a)" heading="Definitions.">
        <para num="(1)" heading="In general.">In &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt; the following words have the meanings indicated.</para>
        <para num="(2)" heading="Authority.">“Authority” means the Community Benefits District Authority created in accordance with &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt; and any ordinance enacted under &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt;.</para>
        <para num="(3)" heading="Board.">“Board” means the Board of Directors of the Authority.</para>
        <para num="(4)" heading="District.">“District” means a community benefits district created in accordance with &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt; and any ordinance enacted in accordance with &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt;.</para>
        <para num="(5)" heading="District taxes.">“District taxes” means the taxes and other charges in the nature of property taxes that are authorized in accordance with &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt; and any ordinance enacted under &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt;.</para>
        <para num="(6)" heading="East Baltimore section.">“East Baltimore section” means that portion of Baltimore City generally bounded:<para num="(i)">on the west, by the westernmost property line of the properties facing Broadway;</para>
          <para num="(ii)">on the north, by the right–of–way of the railroad corridor used by Amtrak;</para>
          <para num="(iii)">on the east, by the easternmost property line of the properties facing Patterson Park Avenue; and</para>
          <para num="(iv)">on the south, by the middle of Madison Street.</para>
        </para>
        <para num="(7)" heading="Property tax.">“Property tax” has the same meaning as stated in &lt;cite data-doc="Md. Code" data-path="gtp|1-101"&gt;§ 1-101 of the Tax-Property Article of the Annotated Code of Maryland&lt;/cite&gt;.</para>
      </para>
      <para num="(b)" heading="Ordinance to establish District and Authority.">Subject to &lt;cite data-path="II|§(66)|(n)"&gt;subsection (n) of this section&lt;/cite&gt;, the City may:<para num="(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</para>
        <para num="(2)">establish, by ordinance, an Authority to:<para num="(i)">administer the programs and activities to be conducted by the Authority;</para>
          <para num="(ii)">promote and market the District;</para>
          <para num="(iii)">provide supplemental security and maintenance services;</para>
          <para num="(iv)">provide amenities in public areas;</para>
          <para num="(v)">provide park and recreational programs and functions; and</para>
          <para num="(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.</para>
        </para>
      </para>
      <para num="(c)" heading="Elements of ordinance; District taxes.">The ordinance establishing the District and the Authority shall:<para num="(1)">specify the name for the District and the Authority;</para>
        <para num="(2)">specify the method for establishing and modifying the boundaries of the District, which may include methods by which:<para num="(i)">property owners may petition to be included in the District; and</para>
          <para num="(ii)">property owners, tenants, or residents of blocks or portions of blocks &lt;em&gt;{may?} &lt;/em&gt;conduct a referendum to be included in the District;</para>
        </para>
        <para num="(3)">specify the powers and functions within the limits of &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt; that may be exercised by the Authority;</para>
        <para num="(4)">authorize the imposition of district taxes as the primary means of support for the District and specify any limits on the district taxes;</para>
        <para num="(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;</para>
        <para num="(6)">provide for the collection of district taxes and for the prompt disbursement of the revenue to the Authority subject to &lt;cite data-path="II|§(66)|(e)"&gt;subsection (e) of this section&lt;/cite&gt;;</para>
        <para num="(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;</para>
        <para num="(8)">specify the method for determining district taxes to be imposed on classes and subclasses of property under &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt;, including the creation of credits against district taxes to assist low–income families;</para>
        <para num="(9)">specify the extent to which the Authority may provide additional services for a fee either within or outside the District; and</para>
        <para num="(10)">determine the organization and method of initial appointment of officers and board members of the Authority, subject to &lt;cite data-path="II|§(66)|(f)"&gt;subsection (f) of this section&lt;/cite&gt;.</para>
      </para>
      <para num="(d)" heading="Financial plan required.">
        <para num="(1)">The Authority shall establish a financial plan for the District when required by an ordinance enacted under &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt;.</para>
        <para num="(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.</para>
        <para num="(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.</para>
      </para>
      <para num="(e)" heading="Public hearing on financial plan; Exemptions from district taxes.">
        <para num="(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.</para>
        <para num="(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.</para>
        <para num="(3)">Property in the District that is exempt under State law from ordinary property taxes shall be exempt from district taxes.</para>
        <para num="(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.</para>
      </para>
      <para num="(f)" heading="Board of Directors.">
        <para num="(1)">The governing body of the Authority shall be the Board of Directors.</para>
        <para num="(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 &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt;.</para>
        <para num="(3)">An ordinance enacted under &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt; 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.</para>
      </para>
      <para num="(g)" heading="Powers and duties of Authority.">As provided by an ordinance enacted under &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt;, the Authority may:<para num="(1)">conduct the functions that are assigned to the Authority by the ordinance;</para>
        <para num="(2)">acquire, hold, and use property necessary to achieve the Authority’s purposes;</para>
        <para num="(3)">enter into contracts;</para>
        <para num="(4)">sue and be sued, subject to &lt;cite data-path="II|§(66)|(h)"&gt;subsection (h) of this section&lt;/cite&gt;;</para>
        <para num="(5)">borrow and accept grants;</para>
        <para num="(6)">employ and discharge personnel;</para>
        <para num="(7)">propose in the authority’s annual budget the district taxes in accordance with &lt;cite data-path="II|§(66)|(e)"&gt;subsection (e) of this section&lt;/cite&gt;;</para>
        <para num="(8)">adopt, amend, and modify bylaws, all of which shall be subject to the approval of the Board of Estimates;</para>
        <para num="(9)">establish and elect officers, and provide for terms of office and the duties of the officers;</para>
        <para num="(10)">contract for and purchase goods and services in accordance with &lt;cite data-path="II|§(66)|(i)"&gt;subsection (i) of this section&lt;/cite&gt;; and</para>
        <para num="(11)">do all things necessary or convenient to carry out the Authority’s powers and obligations under &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt; and the ordinance enacted under &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt;.</para>
      </para>
      <para num="(h)" heading="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.</para>
      <para num="(i)" heading="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.</para>
      <para num="(j)" heading="Limitations on Authority’s powers and duties.">The Authority may not:<para num="(1)">exercise any police or general powers other than those authorized by State law and City ordinance;</para>
        <para num="(2)">pledge the full faith or credit of the City;</para>
        <para num="(3)">impose taxes or charges in excess of those approved by the Board of Estimates;</para>
        <para num="(4)">exercise the power of eminent domain;</para>
        <para num="(5)">engage in competition with the private sector, except as otherwise provided by law, and as necessary to exercise the powers provided for under &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt; and in any ordinance enacted under &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt;;</para>
        <para num="(6)">except as otherwise provided in &lt;cite data-path="II|§(66)|(m)"&gt;subsection (m) of this section&lt;/cite&gt;, revert charges or taxes collected in accordance with &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt; to the General Fund of the City;</para>
        <para num="(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;</para>
        <para num="(8)">employ individuals who reside outside the City of Baltimore; and</para>
        <para num="(9)">except as required or appropriate to facilitate its normal operations or to the extent permitted by an ordinance enacted under &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt;, incur debt.</para>
      </para>
      <para num="(k)" heading="Prerequisites for establishing District and Authority.">Before enacting an ordinance under &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt;, the Mayor and City Council of Baltimore shall:<para num="(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;</para>
        <para num="(2)">make a determination that the proposed district created reflects a diverse mix of business and residential properties; and</para>
        <para num="(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.</para>
      </para>
      <para num="(l)" heading="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.</para>
      <para num="(m)" heading="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.</para>
      <para num="(n)" heading="Process for approving District and Authority.">
        <para num="(1)">An ordinance enacted under &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt; shall:<para num="(i)">establish the process for the approval of the creation of the District and the Authority; and</para>
          <para num="(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.</para>
        </para>
        <para num="(2)">The ordinance may provide:<para num="(i)">criteria for the eligibility of voters for purposes of the election required by the ordinance; and</para>
          <para num="(ii)">procedures for a special election required in this subsection, which may be administered by write-in ballots.</para>
        </para>
      </para>
      <annotation type="History">Ch. 645, Acts of 2010</annotation>
      <annotation type="Editor's Notes">Chapter 645, Acts of 2010, which enacted &lt;cite data-path="II|§(66)"&gt;this section&lt;/cite&gt;, designated it as &lt;cite data-path="II|§(65)"&gt;Article II, § (65)&lt;/cite&gt;.  Inasmuch as § (65) was already occupied, the new section is codified here as &lt;cite data-path="II|§(66)"&gt;Article II, § (66)&lt;/cite&gt;.</annotation>
    </section>
    <section prefix="§" num="(67)" heading="Investment in Our Youth (IO-YOUth) Pilot Program.">
      <para num="(a)" heading="Definitions.">
        <para num="(1)" heading="In general.">In &lt;cite data-path="II|§(67)"&gt;this section&lt;/cite&gt; the following words have the meanings indicated.</para>
        <para num="(2)" heading="Employer.">
          <para num="(i)" heading="General.">“Employer” has the meaning stated in § 3401 of the internal revenue code.</para>
          <para num="(ii)" heading="Inclusions.">“Employer” includes:<para num="1.">the State and its units;</para>
            <para num="2.">a county and its units; and</para>
            <para num="3.">a municipal government in the State.</para>
          </para>
        </para>
        <para num="(3)" heading="Nonprofit organization.">“Nonprofit organization” means an organization that is exempt from taxation under § 501 of the Internal Revenue 10 Code.</para>
        <para num="(4)" heading="Program.">“Program” means the Investment in Our Youth (IO–YOUth) pilot program.</para>
        <para num="(5)" heading="Summer.">“Summer” means the period from June 1 to September 30, inclusive, of each year.</para>
      </para>
      <para num="(b)" heading="Establishment of Program.">
        <para num="(1)">The Mayor and City Council of Baltimore may establish an Investment in Our Youth (IO–YOUth) Pilot Program.</para>
        <para num="(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.</para>
        <para num="(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.</para>
        <para num="(4)">The Program shall provide summer jobs for youths by:<para num="(i)">hiring youths to work during the summer for the City of Baltimore; or</para>
          <para num="(ii)">providing grants to nonprofit organizations that will provide summer jobs for youths.</para>
        </para>
        <para num="(5)">The Mayor and City Council of Baltimore shall establish a committee to carry out the Program.</para>
        <para num="(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.</para>
        <para num="(7)">To be eligible for a grant from the Program, a nonprofit organization shall:<para num="(i)">operate within the City of Baltimore; and</para>
          <para num="(ii)">meet any other requirement established under the Program.</para>
        </para>
        <para num="(8)">A nonprofit organization that receives a grant from the Program may not use the grant to:<para num="(i)">employ youths who do not reside in the City of Baltimore; or</para>
          <para num="(ii)">provide jobs at sites that are located outside of the City of Baltimore.</para>
        </para>
      </para>
      <para num="(c)" heading="Tax-deductible contributions.">
        <para num="(1)">
          <para num="(i)">Nothing in this paragraph may be construed to require an employer to make a deduction from the wage of an employee.</para>
          <para num="(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.</para>
          <para num="(iii)">The written request provided by an employee under subparagraph (ii) of this paragraph shall include the amount of the deduction.</para>
        </para>
        <para num="(2)">
          <para num="(i)">An employer shall:<para num="1.">distribute quarterly to the City of Baltimore any funds deducted by the employer from the wage of an employee; and</para>
            <para num="2.">report quarterly to the City of Baltimore the name, address, and other information provided by the employee under &lt;cite data-path="II|§(67)|(c)|(1)"&gt;subsection (c)(1) of this section&lt;/cite&gt;.</para>
          </para>
          <para num="(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 &lt;cite data-path="II|§(67)|(c)|(1)"&gt;subsection (c)(1) of this section&lt;/cite&gt;.</para>
        </para>
        <para num="(3)">
          <para num="(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 &lt;cite data-path="II|§(67)|(d)"&gt;subsection (d) of this section&lt;/cite&gt;.</para>
          <para num="(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 &lt;cite data-path="II|§(67)|(a)|(6)"&gt;subsection (a)(6) of this section&lt;/cite&gt;.</para>
        </para>
        <para num="(4)">The City of Baltimore may receive a direct donation from a person for the benefit of the Program.</para>
        <para num="(5)">
          <para num="(i)">The City of Baltimore shall provide a receipt to:<para num="1.">each employee whose information was  reported to the City of Baltimore by the employer under paragraph (2) of this subsection; and</para>
            <para num="2.">each person from which the City of Baltimore receives a direct donation under paragraph (4) of this subsection.</para>
          </para>
          <para num="(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.</para>
        </para>
      </para>
      <para num="(d)" heading="Special fund.">
        <para num="(1)">The Mayor and City Council of Baltimore shall establish a special fund to be used to fund the Program.</para>
        <para num="(2)">The Program shall be funded by:<para num="(i)">funds distributed to the City of Baltimore under &lt;cite data-path="II|§(67)|(c)"&gt;subsection (c) of this section&lt;/cite&gt;;</para>
          <para num="(ii)">funds appropriated to the Program by the Mayor and City Council of Baltimore; and</para>
          <para num="(iii)">donations received by the City of Baltimore to be used for the Program.</para>
        </para>
        <para num="(3)">Funds in the special fund may be used only for funding the Program.</para>
      </para>
      <annotation type="History">Ch.  655, Acts of 2012</annotation>
      <annotation type="Editor's Notes">Chapter 655, Acts of 2012, authorized this pilot program, effective for a 3-year period from October 1, 2012, through September 30, 2015.</annotation>
    </section>
    <section prefix="§" num="(68)" heading="Maryland Public Ethics Law.">
      <text>To exercise the power and authority contained in Title 5, Subtitle 8, Part II of the &lt;cite data-doc="Md. Code" data-path="ggp"&gt;General Provisions Article of the Annotated Code of Maryland&lt;/cite&gt;.</text>
      <annotation type="History">Ch. 104, Acts of 2014</annotation>
    </section>
    <section prefix="§" num="(69)" heading="South Baltimore Gateway Community Impact District Authority.">
      <para num="(a)" heading="In general.">
        <para num="(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.</para>
        <para num="(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.</para>
      </para>
      <para num="(b)" heading="Boundaries.">
        <para num="(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:<para num="(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</para>
          <para num="(ii)">running north along Hanover Street to McComas Street; then</para>
          <para num="(iii)">running east along McComas Street to the center line of Key Highway; then</para>
          <para num="(iv)">running northeast along the center line of Key Highway to the center line of East Fort Avenue; then</para>
          <para num="(v)">running southeast along the center line of East Fort Avenue to the center line of Stevenson Street; then</para>
          <para num="(vi)">running northeast along the center line of Stevenson Street to the center line of Key Highway; then</para>
          <para num="(vii)">running north along the center line of Key Highway to the center line of Light Street; then</para>
          <para num="(viii)">running north along the center line of Light Street to the center line of East Conway Street; then</para>
          <para num="(ix)">running west along the center line of East Conway Street to the center line of South Howard Street; then</para>
          <para num="(x)">running north along the center line of South Howard Street to the center line of West Camden Street; then</para>
          <para num="(xi)">running west along the center line of West Camden Street to the center line of Washington Boulevard; then</para>
          <para num="(xii)">running southwest along the center line of Washington Boulevard to the center line of South Greene Street; then</para>
          <para num="(xiii)">running north along South Greene Street to the center line of West Pratt Street; then</para>
          <para num="(xiv)">running west along the center line of West Pratt Street to the center line of South Martin Luther King Junior Boulevard; then</para>
          <para num="(xv)">running north along the center line of South Martin Luther King Junior Boulevard to the center line of West Lombard Street; then</para>
          <para num="(xvi)">running west along the center line of West Lombard Street to the center line of Scott Street; then</para>
          <para num="(xvii)">running south along the center line of Scott Street to the center line of Pratt Street; then</para>
          <para num="(xviii)">running west along the center line of Pratt Street to the center line of Carey Street; then</para>
          <para num="(xix)">running south along the center line of Carey Street to the center line of the tracks of the Baltimore and Ohio Railroad; then</para>
          <para num="(xx)">running west along the center line of the tracks of the Baltimore and Ohio Railroad to the Gwynns Falls; then</para>
          <para num="(xxi)">running south along the center line of the Gwynns Falls to the center line of Washington Boulevard; then</para>
          <para num="(xxii)">running west along the center line of Washington Boulevard to the center line of Hollins Ferry Road; then</para>
          <para num="(xxiii)">running south along the center line of Hollins Ferry Road to the center line of the tracks of the CSX Railroad; then</para>
          <para num="(xxiv)">running southwest along the center line of the tracks of the CSX Railroad to the city line; then</para>
          <para num="(xxv)">running southeast along the city line to the center line of the Patapsco River (point of origin).</para>
        </para>
        <para num="(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.</para>
      </para>
      <para num="(c)" heading="Scope of establishing ordinance.">
        <para num="(1)">The ordinance establishing the South Baltimore Gateway Community Impact District Management Authority shall address the following:<para num="(i)">specify the powers and functions within the limits of &lt;cite data-path="II|§(69)"&gt;this section&lt;/cite&gt;, 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 &lt;cite data-doc="Md. Code" data-path="gsg|9-1"&gt;§ 9-1A-31(a)(3)(i) of the State Government Article of the Annotated Code of Maryland&lt;/cite&gt; requires the State to distribute directly to the Authority;</para>
          <para num="(ii)">specify the duration of the Authority and define the boundaries of the District;</para>
          <para num="(iii)">subject to paragraph (2) of this subsection, provide for the disbursement of the revenue from local impact grants to the Authority; and</para>
          <para num="(iv)">subject to paragraph (3) of this subsection, determine the organization and method of initial appointment of officers and board members of the Authority.</para>
        </para>
        <para num="(2)">The financial plan of the Authority, including its annual budget, shall be subject to approval by the Board of Estimates.</para>
        <para num="(3)">
          <para num="(i)">The board shall consist of not more than 21 members.</para>
          <para num="(ii)">The majority of the members of the board shall be residents of the District.</para>
          <para num="(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.</para>
          <para num="(iv)">Subject to subparagraph (vi) of this paragraph, the Authority’s board shall include four members designated by the Speaker of the House.</para>
          <para num="(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.</para>
          <para num="(vi)">Of the six members designated under subparagraphs (iv) and (v) of this paragraph:<para num="1.">at least two members shall be residents of the 40&lt;sup&gt;th&lt;/sup&gt; Legislative District; and</para>
            <para num="2.">at least two members shall be residents of the 46&lt;sup&gt;th&lt;/sup&gt; Legislative District.</para>
          </para>
        </para>
      </para>
      <para num="(d)" heading="Powers of Authority.">
        <para num="(1)">The ordinance establishing the South Baltimore Gateway Community Impact District Management Authority may authorize the Authority to:<para num="(i)">be a special impact district and to conduct the functions which are assigned to it by the City;</para>
          <para num="(ii)">acquire, hold, and use property necessary to achieve its purposes;</para>
          <para num="(iii)">make contracts;</para>
          <para num="(iv)">sue and be sued;</para>
          <para num="(v)">borrow and accept grants for purposes consistent with the purposes of the Authority;</para>
          <para num="(vi)">employ and discharge personnel to carry out its public purposes;</para>
          <para num="(vii)">subject to paragraph (2) of this subsection, propose in its annual budget the allocation of local impact grants distributed to the Authority;</para>
          <para num="(viii)">adopt, amend, and modify bylaws, all of which shall be subject to the approval of the Board of Estimates;</para>
          <para num="(ix)">establish and elect officers and provide for their terms and duties;</para>
          <para num="(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</para>
          <para num="(xi)">do all things necessary or convenient to carry out its powers.</para>
        </para>
        <para num="(2)">
          <para num="(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.</para>
          <para num="(ii)">The Authority shall publish notice of the hearing on the Website of the Authority for 3 consecutive weeks before the hearing.</para>
        </para>
      </para>
      <para num="(e)" heading="Limitations on Authority.">
        <para num="(1)">The South Baltimore Gateway Community Impact District Management Authority created under &lt;cite data-path="II|§(69)"&gt;this section&lt;/cite&gt; may not:<para num="(i)">exercise any police or general powers other than those authorized by State law and City ordinance;</para>
          <para num="(ii)">pledge the full faith or credit of the City;</para>
          <para num="(iii)">impose any taxes or charges;</para>
          <para num="(iv)">exercise the power of eminent domain;</para>
          <para num="(v)">extend its life without the approval of the City Council;</para>
          <para num="(vi)">except as otherwise provided by law, engage in competition with the private sector;</para>
          <para num="(vii)">except as provided in &lt;cite data-path="II|§(69)|(j)"&gt;subsection (j) of this section&lt;/cite&gt;, revert local impact grants to the General Fund of the City;</para>
          <para num="(viii)">be an agency of the Mayor and City Council of Baltimore or the State of Maryland;</para>
          <para num="(ix)">employ individuals who reside outside the City of Baltimore; and</para>
          <para num="(x)">except as required or appropriate to facilitate its normal operations, incur debt.</para>
        </para>
        <para num="(2)">An officer or employee of the South Baltimore Gateway Community Impact District Management Authority created under &lt;cite data-path="II|§(69)"&gt;this section&lt;/cite&gt; 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.</para>
      </para>
      <para num="(f)" heading="Considerations.">In adopting an ordinance, the City Council shall:<para num="(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</para>
        <para num="(2)">make a determination that the South Baltimore Gateway Community Impact District will reflect:<para num="(i)">a diverse mix of business and residential properties; and</para>
          <para num="(ii)">a diverse economic, social, and racial mix.</para>
        </para>
      </para>
      <para num="(g)" heading="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 &lt;cite data-path="II|§(69)"&gt;this section&lt;/cite&gt; every 4 years from the enactment of the ordinance.</para>
      <para num="(h)" heading="Periodic review – Specific.">
        <para num="(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 &lt;cite data-path="II|§(69)"&gt;this section&lt;/cite&gt; every 4 years beginning 4 years after the date of the establishment of the District.</para>
        <para num="(2)">If the continuing existence of the South Baltimore Gateway Community Impact District is not approved:<para num="(i)">the District shall cease to exist at the end of the City’s fiscal year in which approval was not granted; and</para>
          <para num="(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.</para>
        </para>
      </para>
      <para num="(i)" heading="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.</para>
      <para num="(j)" heading="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.</para>
      <annotation type="History">Ch. 314, Acts of 2016</annotation>
      <annotation type="History">Ch. 751, Acts of 2018</annotation>
    </section>
    <section prefix="§" num="(70)" heading="Tourism Improvement District.">
      <para num="(a)" heading="Definitions.">
        <para num="(1)">In &lt;cite data-path="II|§(70)"&gt;this section&lt;/cite&gt; the following words have the meanings indicated.</para>
        <para num="(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 &lt;cite data-path="II|§(70)"&gt;this section&lt;/cite&gt; and any ordinance enacted in accordance with &lt;cite data-path="II|§(70)"&gt;this section&lt;/cite&gt;.</para>
        <para num="(3)">“Board” means the Board of Directors of the Association.</para>
        <para num="(4)">“Business” means a hotel as defined in the Baltimore City Code.</para>
        <para num="(5)">“District” means a Tourism Improvement District created in accordance with &lt;cite data-path="II|§(70)"&gt;this section&lt;/cite&gt;.</para>
        <para num="(6)">“District special assessment” means a special assessment that is authorized under &lt;cite data-path="II|§(70)"&gt;this section&lt;/cite&gt; and any ordinance enacted in accordance with &lt;cite data-path="II|§(70)"&gt;this section&lt;/cite&gt;.</para>
      </para>
      <para num="(b)" heading="Establishment by ordinance.">Subject to &lt;cite data-path="II|§(70)|(m)"&gt;subsection (m) of this section&lt;/cite&gt;, the City may enact an ordinance to:<para num="(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</para>
        <para num="(2)">designate an existing private nonprofit entity as the Association to:<para num="(i)">administer the District programs and activities;</para>
          <para num="(ii)">promote and market the District; and</para>
          <para num="(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.</para>
        </para>
      </para>
      <para num="(c)" heading="Scope of ordinance – In general.">The ordinance establishing the District and designating the Association shall:<para num="(1)">specify the name for the District and the Association;</para>
        <para num="(2)">specify the method for establishing and modifying the boundaries of the District, which may include methods by which:<para num="(i)">business owners may petition to be included in the District; and</para>
          <para num="(ii)">business owners may conduct a referendum to be included in the district;</para>
        </para>
        <para num="(3)">specify the powers and functions within the limits of &lt;cite data-path="II|§(70)"&gt;this section&lt;/cite&gt; that may be exercised by the Association;</para>
        <para num="(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;</para>
        <para num="(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;</para>
        <para num="(6)">provide for the collection of district special assessments and for the prompt disbursement of the revenue to the association;</para>
        <para num="(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;</para>
        <para num="(8)">specify the method for determining district special assessments to be imposed on classes and subclasses of businesses under &lt;cite data-path="II|§(70)"&gt;this section&lt;/cite&gt;;</para>
        <para num="(9)">specify the extent to which the Association may provide additional services for a fee either within or outside the District; and</para>
        <para num="(10)">specify the criteria for representation on the Association’s Board of Directors or district management committee, subject to &lt;cite data-path="II|§(70)|(f)"&gt;subsection (f) of this section&lt;/cite&gt;.</para>
      </para>
      <para num="(d)" heading="Financial plan – In general.">
        <para num="(1)">The Association shall establish a financial plan for the District when required by an ordinance enacted under &lt;cite data-path="II|§(70)"&gt;this section&lt;/cite&gt;.</para>
        <para num="(2)">The financial plan, including the District’s annual budget and district special assessments, shall be subject to approval by the Board of Estimates.</para>
        <para num="(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.</para>
      </para>
      <para num="(e)" heading="Financial plan – Public hearing.">
        <para num="(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.</para>
        <para num="(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.</para>
      </para>
      <para num="(f)" heading="Board of Directors.">
        <para num="(1)">The governing body of the Association shall be the Board of Directors.</para>
        <para num="(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 &lt;cite data-path="II|§(70)"&gt;this section&lt;/cite&gt;.</para>
        <para num="(3)">An ordinance enacted under &lt;cite data-path="II|§(70)"&gt;this section&lt;/cite&gt; 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.</para>
      </para>
      <para num="(g)" heading="Powers of Association.">As provided by an ordinance enacted under &lt;cite data-path="II|§(70)"&gt;this section&lt;/cite&gt;, the Association may:<para num="(1)">conduct the functions that are assigned to the Association by the ordinance;</para>
        <para num="(2)">acquire, hold, and use property necessary to achieve the District’s purposes;</para>
        <para num="(3)">enter into contracts for the provision of District services;</para>
        <para num="(4)">sue and be sued, subject to subsection (h) &lt;em&gt;{sic} &lt;/em&gt;of &lt;cite data-path="II|§(70)"&gt;this section&lt;/cite&gt;;</para>
        <para num="(5)">borrow and accept grants;</para>
        <para num="(6)">employ and discharge personnel;</para>
        <para num="(7)">propose, in the District’s annual budget, the district special assessments in accordance with &lt;cite data-path="II|§(70)|(d)"&gt;subsection (d) of this section&lt;/cite&gt;;</para>
        <para num="(8)">adopt, amend, and modify bylaws, all of which shall be subject to the approval of the Board of Estimates;</para>
        <para num="(9)">establish and elect officers, and provide for the terms of office and the duties of the officers;</para>
        <para num="(10)">contract for and purchase goods and services in accordance with &lt;cite data-path="II|§(70)|(h)"&gt;subsection (h) of this section&lt;/cite&gt;; and</para>
        <para num="(11)">do all things necessary or convenient to carry out the purposes of the District under &lt;cite data-path="II|§(70)"&gt;this section&lt;/cite&gt; and the ordinance enacted under &lt;cite data-path="II|§(70)"&gt;this section&lt;/cite&gt;.</para>
      </para>
      <para num="(h)" heading="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.</para>
      <para num="(i)" heading="Limitations.">The Association may not:<para num="(1)">exercise any police or general powers other than those authorized by State law and City ordinance;</para>
        <para num="(2)">pledge the full faith or credit of the city;</para>
        <para num="(3)">impose district special assessments in excess of those approved by the Board of Estimates;</para>
        <para num="(4)">exercise the power of eminent domain;</para>
        <para num="(5)">revert charges or district special assessments collected in accordance with &lt;cite data-path="II|§(70)"&gt;this section&lt;/cite&gt; to the General Fund of the City; or</para>
        <para num="(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.</para>
      </para>
      <para num="(j)" heading="Public hearings; Considerations.">Before enacting an ordinance under &lt;cite data-path="II|§(70)"&gt;this section&lt;/cite&gt;, the Mayor and City Council of Baltimore shall:<para num="(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</para>
        <para num="(2)">make a determination that the proposed District created includes those businesses that will benefit from District services.</para>
      </para>
      <para num="(k)" heading="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.</para>
      <para num="(l)" heading="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.</para>
      <para num="(m)" heading="Scope of ordinance – Establish approval process.">
        <para num="(1)">An ordinance enacted under &lt;cite data-path="II|§(70)"&gt;this section&lt;/cite&gt; shall:<para num="(i)">establish the process for the approval of the creation of the District and the designation of the Association; and</para>
          <para num="(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.</para>
        </para>
        <para num="(2)">The ordinance may provide:<para num="(i)">criteria for the eligibility of voters for purposes of the election required by the ordinance; and</para>
          <para num="(ii)">procedures for a special election required in this subsection, which may be administered by write-in ballots.</para>
        </para>
      </para>
      <annotation type="History">Chs. 641 and 642, Acts of 2018</annotation>
    </section>
    <section prefix="§" num="(71)" heading="Commission to Restore Trust in Policing.">
      <para num="(a)" heading="Definitions.">
        <para num="(1)">In &lt;cite data-path="II|§(71)"&gt;this section&lt;/cite&gt; the following words have the meanings indicated.</para>
        <para num="(2)">“Commission” means the Commission to Restore Trust in Policing.</para>
        <para num="(3)">“Police Department” means the Baltimore Police Department.</para>
        <para num="(4)">“Task Force” means the Baltimore Police Department’s Gun Trace Task Force.</para>
      </para>
      <para num="(b)" heading="Commission established.">There is a Commission to Restore Trust in Policing.</para>
      <para num="(c)" heading="Members.">
        <para num="(1)">The Commission consists of the following members:<para num="(i)">two individuals appointed by the President of the Senate;</para>
          <para num="(ii)">two individuals appointed by the Speaker of the House; and</para>
          <para num="(iii)">two individuals appointed by the Governor.</para>
        </para>
        <para num="(2)">Four members of the Commission shall possesses a Juris Doctor and have litigation experience.</para>
        <para num="(3)">Three members of the Commission shall be Baltimore City residents.</para>
      </para>
      <para num="(d)" heading="Chair.">The Governor, the President of the Senate, and the Speaker of the House shall jointly appoint and designate the Chair of the Commission.</para>
      <para num="(e)" heading="Staff.">The Department of Legislative Services shall provide staff for the Commission.</para>
      <para num="(f)" heading="Compensation; Expenses.">A member of the Commission:<para num="(1)">may not receive compensation as a member of the Commission; but</para>
        <para num="(2)">is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.</para>
      </para>
      <para num="(g)" heading="Duties.">The Commission shall:<para num="(1)">review the operation of the Task Force, including:<para num="(i)">the Task Force’s establishment, personnel, and oversight;</para>
          <para num="(ii)">investigations and cases handled by the Task Force;</para>
          <para num="(iii)">any federal criminal investigations and cases relating to the Task Force and its members; and</para>
          <para num="(iv)">any violations of existing departmental policies and procedures related to the conduct of the Task Force;</para>
        </para>
        <para num="(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;</para>
        <para num="(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:<para num="(i)">whether a reorganization of the Police Department is warranted and, if so, options for reorganization;</para>
          <para num="(ii)">best practices regarding the establishment and oversight of specialized units, similar to the Task Force, within law enforcement agencies;</para>
          <para num="(iii)">Ongoing State and City oversight of the Police Department;</para>
          <para num="(iv)">whether there exist any legal impediments to the Police Department effectively managing and disciplining sworn officers; and</para>
          <para num="(v)">any other matters relating to the Commission’s findings.</para>
        </para>
      </para>
      <para num="(h)" heading="Public information; exceptions.">
        <para num="(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.</para>
        <para num="(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 &lt;cite data-path="II|§(71)"&gt;this section&lt;/cite&gt;.</para>
      </para>
      <para num="(i)" heading="Hearings.">The Commission may:<para num="(1)">conduct hearings;</para>
        <para num="(2)">administer oaths and affirmations;</para>
        <para num="(3)">issue process to compel the attendance of witnesses and the production of evidence; and</para>
        <para num="(4)">require a person to testify and produce evidence.</para>
      </para>
      <para num="(j)" heading="Subpoenas.">
        <para num="(1)">A subpoena may be served in the same manner as one issued by a circuit court.</para>
        <para num="(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.</para>
        <para num="(3)">The Commission shall provide a copy of the subpoena and proof of service to the circuit court.</para>
        <para num="(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.</para>
      </para>
      <para num="(k)" heading="Right to attorney.">
        <para num="(1)">A person may have an attorney present during any contact with the Commission.</para>
        <para num="(2)">The Commission shall advise a person of the right to counsel when a subpoena is served.</para>
      </para>
      <para num="(l)" heading="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.</para>
      <para num="(m)" heading="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.</para>
      <annotation type="History">Ch. 753, Acts of 2018</annotation>
      <annotation type="History">Chs. 459 and 460, Acts of 2019</annotation>
      <annotation type="Editor's Notes">
          &lt;cite data-path="II|§71"&gt;This section&lt;/cite&gt; was abrogated effective January 15, 2021, and is no longer of any force or effect. The text of this section is retained below for historical reference notwithstanding its abrogation.
          &lt;cite data-path="II|§71"&gt;This section&lt;/cite&gt; was enacted by Ch. 753, Acts of 2018, effective May 15, 2018. Section 4 of that Act made the enactment subject to a sunset clause under which the section would terminate on its own terms, with no further action by the General Assembly required. Chs. 459 and 460, Acts of 2019, amended &lt;cite data-path="II|§71|(h)"&gt;subsections (h)&lt;/cite&gt; and &lt;cite data-path="II|§71|(m)"&gt;(m)&lt;/cite&gt; of &lt;cite data-path="II|§71"&gt;this section&lt;/cite&gt; and, in the same Acts, extended that sunset period from 1 year and 8 months to 2 years and 8 months from the date of original enactment, which fixed the abrogation date above.
        </annotation>
    </section>
  </container>
  <container prefix="Article" num="III" heading="City Council">
    <section prefix="§" num="1" heading="Legislative Department; Qualification and salary of members.">
      <para num="(a)" heading="Legislative Department.">The Legislative Department of the City shall be the City Council, which shall consist of a single chamber.</para>
      <para num="(b)" heading="Qualifications.">Members of the City Council, except the President whose qualifications are provided for in Section 3, shall be citizens of the United States, at least 18 years old, and registered voters of Baltimore City.  They also shall be residents of the districts the members have been chosen to represent for at least 1 year next preceding their election, except as provided in Section 7(e), and during their term of office.</para>
      <para num="(c)" heading="Salaries.">The salary of each member shall be set as provided in &lt;cite data-path="VII"&gt;Article VII&lt;/cite&gt;, §§ &lt;cite data-path="VII|§117"&gt;117&lt;/cite&gt; through &lt;cite data-path="VII|§125"&gt;125&lt;/cite&gt; of this Charter.</para>
      <annotation type="History">Res. 05-009, ratified Nov. 7, 2006</annotation>
      <annotation type="History">Res. 11-034, ratified Nov. 9, 2011</annotation>
    </section>
    <section prefix="§" num="2" heading="Members.">
      <para num="(a)" heading="Election and term.">
        <para num="(1)">The voters shall elect the members of the City Council on the Tuesday next after the first Monday in November 2016, and on the same day and month in every succeeding fourth year.</para>
        <para num="(2)">Their term of office shall commence on the Thursday next after the first Monday in December succeeding their election and shall continue for 4 years.</para>
      </para>
      <para num="(b)" heading="Number.">The Council shall consist of fourteen members in addition to the President.  There shall be fourteen districts with one member elected from each district.</para>
      <para num="(c)" heading="Districts.">The election of members shall be held by council districts, and no person is entitled to vote for any member of the City Council other than member for the district in which the voter is registered.</para>
      <para num="(d)" heading="Removal.">The City Council, by a three-fourths vote of its members, may remove an individual member from office for incompetency, misconduct in office, wilful neglect of duty, or felony or misdemeanor in office, on charges preferred by the Mayor, the City Council's Committee on Legislative Investigations, or by the Inspector General, and after notice of those charges and an opportunity to be heard by the City Council are given to the individual member.</para>
      <para num="(e)" heading="Term Limit.">A member of the City Council shall not hold office for more than 2 consecutive full terms of office and in no event shall hold the office for more than 8 years during any 12 year period. This provision shall not preclude an elected member from seeking other elected offices within Baltimore City after two consecutive terms as member. In the event that an elected member takes office as a result of a removal or vacancy as described in §§ &lt;cite data-path="III|§2"&gt;2&lt;/cite&gt; or &lt;cite data-path="III|§6"&gt;6&lt;/cite&gt; of &lt;cite data-path="III"&gt;this Article&lt;/cite&gt;, that elected member shall only be eligible to hold that office for the remainder of the predecessor’s unexpired term and 1 consecutive full term thereafter.</para>
      <annotation type="History">Initiative “Question K”, ratified Nov. 8, 2022</annotation>
      <annotation type="History">Res. 99-016, ratified Nov. 2, 1999</annotation>
      <annotation type="History">Initiative “Question P”, ratified Nov. 5, 2002</annotation>
      <annotation type="History">Res. 04-049, ratified Nov. 2, 2004</annotation>
      <annotation type="History">Res. 12-003, ratified Nov. 6, 2012</annotation>
      <annotation type="History">Res. 20-024, ratified Nov. 3, 2020</annotation>
      <annotation type="Editor's Notes">Subsection (e) was added by Initiative Ballot Question K, ratified November 8, 2022.  The final sentence of Question K establishes that subsection (e) will be effective “beginning with persons elected in the 2024 Baltimore City Election.”</annotation>
    </section>
    <section prefix="§" num="3" heading="President.">
      <para num="(a)" heading="Election, qualifications, duties, etc.">At the same time that they elect the members, the voters shall elect from Baltimore City at large, a person to be the President of the City Council, who shall possess the qualifications required for the Mayor of the City.  It shall be the President’s duty to preside over the City Council, vote on all questions and perform such other duties as may be prescribed by law.  The salary of the President shall be set in the Ordinance of Estimates &lt;em&gt;{&lt;/em&gt;read: &lt;em&gt;shall be as provided in &lt;cite data-path="VII"&gt;Article VII&lt;/cite&gt;, §§ &lt;cite data-path="VII|§117"&gt;117&lt;/cite&gt; through &lt;cite data-path="VII|§125"&gt;125&lt;/cite&gt; of this Charter}&lt;/em&gt;.</para>
      <para num="(b)" heading="Removal.">The City Council, by a three-fourths vote of its members, may remove the President of the City Council from office for incompetency, misconduct in office, wilful neglect of duty, or felony or misdemeanor in office, on charges preferred by the Mayor, by the City Council's Committee on Legislative Investigations, a verified petition signed by at least 20% of the qualified voters in Baltimore City, or by the Inspector General, after notice of those charges and an opportunity to be heard by the City Council are given to the President.</para>
      <para num="(c)" heading="Term limit.">The President of the City Council shall not hold office for more than 2 consecutive full terms of office and in no event shall hold the office for more than 8 years during any 12 year period. This provision shall not preclude an elected President from seeking other elected offices within Baltimore City after two consecutive terms as President. In the event that an elected President takes office as a result of a removal or vacancy described in §§ &lt;cite data-path="III|§3"&gt;3&lt;/cite&gt; or &lt;cite data-path="III|§4"&gt;4&lt;/cite&gt; of &lt;cite data-path="III"&gt;this Article&lt;/cite&gt;, that elected President shall only be eligible to hold that office for the remainder of the predecessor’s unexpired term and 1 consecutive full term thereafter.</para>
      <annotation type="History">Initiative “Question K”, ratified Nov. 8, 2022</annotation>
      <annotation type="History">Res. 20-024, ratified Nov. 3, 2020</annotation>
      <annotation type="Editor's Notes">Subsection (c) was added by Initiative Ballot Question K, ratified November 8, 2022.  The final sentence of Question K establishes that subsection (c) will be effective “beginning with persons elected in the 2024 Baltimore City Election.”</annotation>
    </section>
    <section prefix="§" num="4" heading="Vacancy in presidency.">
      <text>If it becomes necessary for the President of the City Council to fill the unexpired term of the Mayor, or in case of the death, resignation, removal or other disqualification of the President, the City Council, by a majority vote of its members, shall elect a new president for the unexpired term.  The person so elected as President may, but need not, be, at the time of election, a member of the City Council.</text>
    </section>
    <section prefix="§" num="5" heading="Emergency vacancies.">
      <text>If, by reason of any catastrophe, a majority of the members elected to the City Council are killed, or are sick, or incapacitated, missing, or otherwise unavailable, so that for a temporary or indefinite period there is not a quorum of the City Council available to permit that body to function, the Mayor, if the Mayor is available, or the Governor of Maryland or the other person acting in that capacity, if the Mayor is unavailable, is authorized to appoint for a temporary or indefinite period persons to fill the vacancies thus existing.  If possible, each of the appointees shall have the qualifications required of members of the City Council.</text>
      <text>During their tenure, all such appointive members of the City Council shall possess and may exercise the powers and prerogatives of regularly elected members.  Each appointee shall continue to hold office during the incapacity or unavailability of the member whose position the appointee was appointed to fill, or until the position is filled pursuant to the regular election and qualification of a successor.</text>
    </section>
    <section prefix="§" num="6" heading="Individual vacancies.">
      <text>Each vacancy in the City Council shall be filled without delay.  After public notice, the City Council, by a majority vote of its remaining members, shall elect a person possessing the qualifications prescribed in &lt;cite data-path="III|§1"&gt;Section 1 of this article&lt;/cite&gt; to serve the remainder of the unexpired term of the former incumbent.</text>
      <annotation type="History">Res. 04-055, ratified Nov. 2, 2004</annotation>
    </section>
    <section prefix="§" num="7" heading="Council districts.">
      <para num="(a)" heading="Criteria for redistricting.">The City shall be divided by ordinance into districts for the election of members of the City Council.  The criteria in redistricting shall be equality of population, contiguous territory, compactness, natural boundaries, existing council district lines, and the standards established by the Supreme Court of the United States.</para>
      <para num="(b)" heading="Redistricting plan.">Following each census of the United States the Mayor shall prepare a plan for council redistricting.  The Mayor shall present the plan to the City Council not later than the first day of February of the first municipal election year following the census.
After the Mayor’s plan is presented to the City Council, the Council may adopt it or amend it or the City Council may adopt another plan.  If no plan has been adopted by the City Council within sixty days after the Mayor’s plan is presented, the Mayor’s plan shall take effect as the redistricting ordinance.</para>
      <para num="(c)" />
      <para num="(d)" heading="Incumbent’s residency.">No member of the City Council shall be required to vacate that office by reason of a change of boundary lines of that member’s council district made during that member’s term, as long as that member remains a resident of Baltimore City.</para>
      <para num="(e)" heading="Residency duration for next election.">For elections following the adoption of redistricting plans, members of the City Council shall have been residents of the districts they have been chosen to represent since the preceding July 1.</para>
      <annotation type="History">Initiative “Question P”, ratified Nov. 5, 2002</annotation>
    </section>
    <section prefix="§" num="8" heading="Sessions.">
      <text>The City Council shall meet annually on the Thursday next after the first Monday in December and may continue in session for such period it deems necessary.  The Mayor may convene the City Council in special session when, in the Mayor’s opinion, the public business demands it.  The President also may call the City Council to meet in special session whenever in the President’s opinion such action is desirable, and shall call it into special session upon the written request of two-thirds of its members.</text>
    </section>
    <section prefix="§" num="9" heading="Floor privileges of municipal officers.">
      <text>The heads of departments, municipal officers not embraced in a department, and members of commissions and boards shall appear before the City Council if requested by a majority vote of its members and at other times shall have the privilege of the floor of the City Council at its meetings, and shall be entitled to participate in the discussion of matters relating to their respective departments, offices, commissions or boards, but shall have no vote.  In the case of a commission or board, the President, or a member designated in writing for that purpose by the President, shall be entitled to the privilege provided for in &lt;cite data-path="III|§9"&gt;this section&lt;/cite&gt;.</text>
    </section>
    <section prefix="§" num="10" heading="Procedures; Council officers.">
      <para num="(a)" heading="Attendance of members.">The City Council may compel the attendance of absent members in such manner and under such penalties as it may provide by ordinance.</para>
      <para num="(b)" heading="Vice-President — in general.">The City Council, by a majority vote of its members, shall appoint from its members a Vice-President, who in the absence, sickness or disqualification of the President shall preside at all its meetings.  The Vice-President also shall be an acting member of the Board of Estimates in the absence, sickness or temporary disqualification of the President.</para>
      <para num="(c)" heading="Vice-President — as acting Mayor.">In case of, and during, necessary absence, sickness or the temporary disqualification of both the Mayor and the President of the City Council, the Vice-President shall be acting Mayor.</para>
      <para num="(d)" heading="Judge of member qualifications.">The City Council shall be judge of the election and qualifications of its members, subject to appeal by petition of the party aggrieved as provided by law.</para>
      <para num="(e)" heading="Rules of procedure; Officers.">The City Council shall adopt rules of procedure not inconsistent with the Charter, appoint its own officers, regulate their respective compensation, not to exceed in the aggregate the amount appropriated therefor in the Ordinance of Estimates, and remove them at pleasure.</para>
      <para num="(f)" heading="Journal of proceedings; Public deliberations.">The City Council shall keep a journal of its proceedings and enter yeas and nays on any question, resolution or ordinance at the request of any member, and the deliberations of the City Council shall be public.</para>
      <annotation type="History">Res. 20-024, ratified Nov. 3, 2020</annotation>
    </section>
    <section prefix="§" num="11" heading="Legislative powers.">
      <text>The Mayor and City Council of Baltimore shall have power to pass all ordinances, not inconsistent with the Charter, necessary to give effect and operation to all powers vested in the City.</text>
    </section>
    <section prefix="§" num="12" heading="Evidence of legislative acts.">
      <text>Ordinances and resolutions of the City may be read in evidence from the printed volumes thereof published by its authority.</text>
    </section>
    <section prefix="§" num="13" heading="Style of ordinances.">
      <text>The style of all ordinances shall be: “Be it ordained by the Mayor and City Council of Baltimore”.</text>
    </section>
    <section prefix="§" num="14" heading="Passage of ordinances and resolutions.">
      <para num="(a)" heading="In general.">Every legislative act of the City shall be by ordinance or resolution.  No ordinance or resolution shall be passed by the City Council except by a majority vote of its members, and on its final passage the vote shall be taken by yeas and nays, and the names of members voting for or against the same shall be entered on the Journal.</para>
      <para num="(b)" heading="Single-subject, title, and content requirements.">Every ordinance enacted by the City shall embrace but one subject, which shall be described in its title, and no ordinance shall be revived, amended or enacted by mere reference to its title, but the same shall be set forth at length as in the original ordinance.</para>
      <para num="(c)" heading="Readings and printing requirements.">No ordinance shall become effective until it be read on three different days of the session, unless the City Council by a vote of three-fourths of its members shall otherwise determine by yeas and nays to be recorded on the Journal, and no ordinance shall be read a third time until it shall have been actually printed or engrossed for a third reading.</para>
      <para num="(d)" heading="Oaths and witnesses.">The City Council, by resolution, may authorize any standing or special committee to administer oaths and to summon witnesses as to any matters relevant to its investigation of any municipal agency.</para>
    </section>
    <section prefix="§" num="15" heading="General Counsel.">
      <para num="(a)" heading="Authority to employ.">The City Council may employ the services of an independent General Counsel.  The selection and employment of the General Counsel shall be consistent with &lt;cite data-path="III|§15"&gt;this section&lt;/cite&gt;, as supplemented by the Rules of the City Council.</para>
      <para num="(b)" heading="Qualifications.">The General Counsel:<para num="(1)">must be a member of the Maryland Bar;</para>
        <para num="(2)">must meet all other qualifications for the position set by the Rules of the City Council;</para>
        <para num="(3)">during his or her term, is subject to the Rules of the City Council that generally govern officers and employees of the Council; and</para>
        <para num="(4)">during her or his term, may not engage in any other practice of law unless:<para num="(i)">it is uncompensated and in the nature of community service, such as pro bono advice to or representation of indigent clients; or</para>
          <para num="(ii)">it is on behalf of her- or himself or her or his parent, spouse, or child.</para>
        </para>
      </para>
      <para num="(c)" heading="Term.">The General Counsel serves at the pleasure of the City Council.</para>
      <para num="(d)" heading="Duties.">As the City Council directs, the General Counsel shall:<para num="(1)">provide independent legal advice to the City Council, its committees, and subcommittees;</para>
        <para num="(2)">assist the City Council in investigations undertaken by the City Council or any of its committees or subcommittees; and</para>
        <para num="(3)">generally serve as attorney for the City Council.</para>
      </para>
      <para num="(e)" heading="Compensation; Expenses.">
        <para num="(1)">The General Counsel’s compensation shall be at least equal to that of a full-time Chief of the Law Department’s General Counsel Division.</para>
        <para num="(2)">The Board of Estimates shall annually include in the Ordinance of Estimates submitted to the City Council an amount sufficient to fund the General Counsel’s compensation and necessary expenses.</para>
        <para num="(3)">The amount appropriated for the General Counsel’s compensation and expenses shall be in addition to and may not supplant, be deducted from, or serve as a basis for reducing any part of the operating budget of the City Council.</para>
      </para>
      <annotation type="History">Res. 13-013, ratified Nov. 4, 2014</annotation>
    </section>
  </container>
  <container prefix="Article" num="IV" heading="Mayor">
    <section prefix="§" num="1" heading="Election, term, etc.">
      <para num="(a)" heading="Election and qualifications.">
        <para num="(1)">The voters of Baltimore City shall elect a Mayor on the Tuesday next after the first Monday in November 2016, and on the same day and month in every succeeding fourth year.</para>
        <para num="(2)">The Mayor shall be a person of known integrity, experience, and sound judgment.  The Mayor also shall be over 25 years of age, a citizen of the United States, and a resident of the City for at least 1 year next preceding the election and during the term of office.</para>
      </para>
      <para num="(b)" heading="Term.">The term of Mayor shall commence on the Tuesday next after the first Monday in December succeeding the election and continue for four years and until a successor shall have been elected and qualified.</para>
      <para num="(c)" heading="Salary; Expense account.">The salary of the Mayor shall be set as provided in &lt;cite data-path="VII"&gt;Article VII&lt;/cite&gt;, §§ &lt;cite data-path="VII|§117"&gt;117&lt;/cite&gt; through &lt;cite data-path="VII|§125"&gt;125&lt;/cite&gt; of this Charter.</para>
      <para num="(d)" heading="Term limit.">A Mayor shall not hold office for more than 2 consecutive full terms of office and in no event shall hold the office for more than 8 years during any 12 year period. This provision shall not preclude an elected Mayor from seeking other elected offices within Baltimore City after two consecutive terms as Mayor.  In the event that an elected Mayor takes office as a result of a removal, vacancy or absence described in &lt;cite data-path="IV|§2"&gt;§ 2 of this Article&lt;/cite&gt;, that elected Mayor shall only be eligible to hold that office for the remainder of the predecessor’s unexpired term and 1 consecutive full term thereafter.</para>
      <annotation type="History">Initiative “Question K”, ratified Nov. 8, 2022</annotation>
      <annotation type="History">Res. 99-016, ratified Nov. 2, 1999</annotation>
      <annotation type="History">Res. 04-049, ratified Nov. 2, 2004</annotation>
      <annotation type="History">Res. 05-009, ratified Nov. 7, 2006</annotation>
      <annotation type="History">Res. 12-003, ratified Nov. 6, 2012</annotation>
      <annotation type="Editor's Notes">Subsection (d) was added by Initiative Ballot Question K, ratified November 8, 2022.  The final sentence of Question K establishes that subsection (d) will be effective “beginning with persons elected in the 2024 Baltimore City Election.”</annotation>
      <annotation type="Editor's Notes">
          § 9-113 of the Local Government Article (enacted as former Article 24, § 1-108, by Chs. 8 and 9, Acts of 1999) provides that “a candidate for chief executive officer [of a county] shall be a resident of the county for at least 6 months before the general election for chief executive officer” {LG §9-113(c)}.  By constricted definition and scope, however, this requirement applies to but two “counties” (Baltimore City and Montgomery County) and two “chief executive officers” (the Mayor of Baltimore City and the County Executive of Montgomery County) {LG § 9-113(a) and (b)}.
          The section further provides that a “county” may retain a Charter-imposed residency requirement that is longer than 6 months if that political subdivision “reaffirms the requirement by enactment of an Ordinance effective no later than 4 weeks before the filing deadline specified in § 5-303(a) of the Election Law Article” {LG § 9-113(d)}.
          In response to these provisions, the Mayor and City Council enacted Ordinance 99-433, effective June 1, 1999, to “reaffir[m] and retai[n] the residency requirement for Mayor that is imposed by &lt;cite&gt;the Baltimore City Charter&lt;/cite&gt;”.
        </annotation>
    </section>
    <section prefix="§" num="2" heading="Removal; Vacancy; Absence.">
      <para num="(a)" heading="Removal.">The City Council, by a three-fourths vote of its members, may remove the Mayor from office for incompetency, misconduct in office, wilful neglect of duty, or felony or misdemeanor in office, on charges preferred by the City Council's Committee on Legislative Investigations, a verified petition signed by at least 20% of the qualified voters in Baltimore City, or by the Inspector General, and after notice of those charges and an opportunity to be heard by the City Council are given to the Mayor.</para>
      <para num="(b)" heading="Vacancy.">In case of vacancy in the office of the Mayor by death, resignation, or permanent disqualification, the President of the City Council shall be Mayor for the remainder of the term for which the Mayor was elected.</para>
      <para num="(c)" heading="Absence.">In case of, and during, sickness, temporary disqualification or necessary absence of the Mayor, the President of the City Council shall be ex officio Mayor of the City.</para>
      <annotation type="History">Res. 20-024, ratified Nov. 3, 2020</annotation>
    </section>
    <section prefix="§" num="3" heading="Staff.">
      <para num="(a)" heading="In general.">The Mayor may appoint such persons to aid in the discharge of the Mayor’s duties as provided in the Ordinance of Estimates.</para>
      <para num="(b)" heading="City Administrator.">The Mayor shall appoint and directly supervise a City Administrator, who shall be the chief administrative officer of the City.</para>
      <annotation type="History">Res. 20-026, ratified Nov. 3, 2020, eff. July 1, 2021</annotation>
    </section>
    <section prefix="§" num="4" heading="General powers.">
      <para num="(a)" heading="Conservator of peace; Financial oversight; Report on state of City.">The Mayor, by virtue of the office, shall have all the powers of a conservator of the peace.
The Mayor may call upon any officer of the City entrusted with the receipt or expenditure of public money, for a statement of account as often as the Mayor thinks necessary, and may at any time by expert accountants and bookkeepers, examine the books and accounts of any department, commission, board, officer, assistant, clerk, subordinate or employee.
The Mayor shall report to the City Council as soon as practicable after the end of each fiscal year, the general state of the City, with an accurate account of the money received and expended, to be published for the information of the citizens.</para>
      <para num="(b)" heading="Chief executive officer.">The Mayor is the chief executive officer of the City and shall see that ordinances and resolutions are duly and faithfully executed.</para>
      <para num="(c)" heading="Economic development.">Subject to more specific provisions of the Charter, the Mayor shall have general responsibility for the economic development of the City.</para>
      <annotation type="History">Res. 20-026, ratified Nov. 3, 2020, eff. July 1, 2021</annotation>
    </section>
    <section prefix="§" num="5" heading="Approval or veto of legislation.">
      <para num="(a)" heading="Delivery to Mayor; Approval.">All ordinances or resolutions duly passed by the City Council, after being properly certified by the President of the City Council as having been so passed, shall be delivered by the Clerk of the Council to the Mayor for approval.  The date of delivery shall be noted on the ordinances or resolutions and, when approved by the Mayor, they shall become ordinances or resolutions of the City.</para>
      <para num="(b)" heading="Veto; Return to Council.">
        <para num="(1)">If the Mayor does not approve of an ordinance or resolution passed by the City Council, the Mayor shall return it with written objections to the City Council within three actual regular meetings, not more than one of which shall occur in any one calendar week, of the City Council after the delivery of the ordinance or resolution to the Mayor.</para>
        <para num="(2)">On receipt, the Mayor’s objections shall be read promptly to the Council and entered on its Journal.  The Council may proceed to reconsider and vote on the ordinance or resolution:<para num="(i)">after 5 calendar days from when the Mayor’s objections have been read to the Council; and</para>
          <para num="(ii)">either:<para num="(A)">within 20 calendar days from when the Mayor’s objections have been read to the Council; or</para>
            <para num="(B)">if no regular meeting is held during that 20-day period, at the first regular meeting that is scheduled after that 20-day period.</para>
          </para>
        </para>
        <para num="(3)">Notwithstanding paragraph (2) of this subsection, no vetoed ordinance or resolution may be reconsidered by a City Council that has been newly-elected and sworn since the passage of the vetoed ordinance or resolution.</para>
        <para num="(4)">If the ordinance or resolution, after reconsideration, is again passed by the City Council by a vote of two-thirds of its members, it becomes an ordinance or resolution of the City.  In these  cases, after the reconsideration, the votes on the question of the passage of the ordinance or resolution over the veto of the Mayor shall be determined by yeas and nays, and the names of the persons voting for and against passage of the ordinance or resolution over the veto of the Mayor shall be entered on the Journal of the City Council.</para>
      </para>
      <para num="(c)" heading="No action by Mayor.">If an ordinance or resolution duly passed by the City Council shall not be returned by the Mayor to the City Council within three actual regular meetings, no more than one of which shall occur in any one calendar week, after it shall have been delivered to the Mayor, it shall become an ordinance or resolution of the City in the same manner as if the Mayor had approved it, unless the City Council by an adjournment sine die, or for a period exceeding one month, shall prevent its return, in which case it shall not be law.</para>
      <para num="(d)" heading="Items of appropriation.">If an ordinance or resolution duly passed by the City Council shall embrace different items of appropriation, the Mayor may approve the provisions thereof relating to one or more items of appropriation and disapprove the others, and in such case those the Mayor shall approve shall become effective and those which the Mayor shall not approve shall be reconsidered by the City Council, and shall become effective if again passed over the veto of the Mayor by the vote as above prescribed for the passage over the veto of the Mayor of entire ordinances or resolutions.  The procedures governing the Mayor’s veto of an item of appropriation and the Council’s reconsideration of that item shall be the same as those in &lt;cite data-path="IV|§5"&gt;this section&lt;/cite&gt; that govern the passage, veto, reconsideration and override of ordinances and resolutions.</para>
      <annotation type="History">Res. 20-020 and Res. 20-21, ratified Nov. 3, 2020</annotation>
    </section>
    <section prefix="§" num="6" heading="Appointments of municipal officers.">
      <para num="(a)" heading="Appointment subject to confirmation.">Except as otherwise provided in the Charter, the Mayor shall have the sole power of appointment of all municipal officers, subject to confirmation by the City Council by a majority vote of its members; provided the Council shall take action on the nomination within the first three regular meetings of the Council after the nomination is sent to it by the Mayor.  If the Council fails to take action within this time, then the person nominated shall be, by operation of this subsection, confirmed by the Council.  If the Council, by the required vote and in the prescribed time, shall refuse to confirm the nomination, the Mayor shall send to it another name for the office, who shall be subject to confirmation pursuant to this subsection.</para>
      <para num="(b)" heading="Terms of officers.">The terms of all municipal officers appointed by the Mayor shall expire at the end of four years or at the end of the Mayor’s term of office, whichever first occurs, with the exception of the terms of the City Administrator, the Police Commissioner, and some members of the Board of School Commissioners, the Civil Service Commission, the Planning Commission, the Board of Municipal and Zoning Appeals, the advisory board established by &lt;cite data-doc="City of Balt., Md., Res. 24-310" data-path="X|§2"&gt;Article X, Section 2&lt;/cite&gt; of this Charter, and those boards and commissions governed by State or federal law.  The terms of the City Administrator, the Police Commissioner, and the members of these boards and commissions are prescribed elsewhere in the Charter or by other law.</para>
      <para num="(c)" heading="Removal – In general.">The Mayor shall have the power to remove at pleasure all municipal officers, except members of boards and commissions established by Charter or other law, appointed by the Mayor in the manner prescribed in &lt;cite data-path="IV|§6"&gt;this section&lt;/cite&gt; and confirmed by the City Council; provided, however, that appointees holding office pursuant to the provisions of the Charter relating to the Civil Service may be removed from office only in accordance with such provisions.</para>
      <para num="(d)" heading="Removal – Boards and commissions.">Except as otherwise provided by law, the Mayor may remove members of boards and commissions established by Charter or other law by majority vote of the members of the City Council.  Removal shall date from the time of City Council approval.</para>
      <para num="(e)" heading="Term limits.">No person, except ex officio members, shall serve more than two consecutive full terms, in addition to any unexpired term served, on the same board or commission.</para>
      <para num="(f)" heading="Vacancies – In general.">Upon the vacancy in any office subject to &lt;cite data-path="IV|§6"&gt;this section&lt;/cite&gt;, whether by resignation, removal, death, end of a term or otherwise, the Mayor shall fill the vacancy by an appointment in the manner prescribed in &lt;cite data-path="IV|§6"&gt;this section&lt;/cite&gt; for the remainder of the term, if any, of the former incumbent.</para>
      <para num="(g)" heading="Vacancies – Boards and commissions.">When a vacancy occurs on a board or commission established by this Charter, or other law, the Mayor shall have, for 120 days after the occurrence of that vacancy, the sole power of appointment to the vacant office.  Such appointment shall be subject to confirmation by the City Council in the manner prescribed in &lt;cite data-path="IV|§6"&gt;this section&lt;/cite&gt;.
If the Mayor fails to submit a nomination within the time prescribed in this subsection, the power of appointment shall vest and be held by the board or commission to which the vacancy shall apply, and that board or commission, by majority vote, shall certify the name of a person to the City Council for confirmation in the manner prescribed in &lt;cite data-path="IV|§6"&gt;this section&lt;/cite&gt;.
For the purposes of this subsection only, a vacancy shall occur upon the occurrence of an event enumerated in subsection (f) hereof, and also upon the rejection by the City Council of a nomination to a board or commission.
This subsection is not applicable to the advisory board established by &lt;cite data-path="X|§2"&gt;Article X, Section 2&lt;/cite&gt; of this Charter.</para>
      <para num="(h)" heading="Vacancies – Office of director or similar.">When a vacancy occurs in an office to which a municipal officer may be appointed who is subject to removal as provided in subsection (c), the Mayor may, in the interest of governmental efficiency and in order to provide uninterrupted municipal services, designate a person within the department or agency affected to perform the duties of the vacant office.  Such a person shall cease to perform the duties of the office when a municipal officer is appointed and confirmed in the manner prescribed in &lt;cite data-path="IV|§6"&gt;this section&lt;/cite&gt;, or one year after designation, or sixty days after the City Council shall by resolution, passed by majority vote and not subject to veto, direct the Mayor to appoint, subject to confirmation, a municipal officer, whichever first occurs; provided, however, that the City Council shall have no power to direct the appointment of any individual.</para>
      <para num="(i)" heading="Oath and commission.">All persons appointed by the Mayor, as well as those municipal officers elected by the people or by the City Council, shall qualify for office by taking before the Mayor an oath faithfully to perform the duties of their offices, and to support the laws and constitutions of the United States and of the State of Maryland.  A test book shall be kept by the Mayor, which shall be signed at the time of taking the oath, and after qualifying, the Mayor shall issue to the officers a commission signed by the Mayor with the corporate seal attached.</para>
      <para num="(j)" heading="Recess appointments.">Whenever a vacancy that the Mayor is empowered to fill subject to confirmation by the City Council shall occur during the recess of the City Council, the Mayor may temporarily appoint a person to fill that vacancy until the next regular meeting of the City Council.  At that meeting, the Mayor shall present such appointment for confirmation as provided for in &lt;cite data-path="IV|§6"&gt;this section&lt;/cite&gt; for other appointments by the Mayor.</para>
      <para num="(k)" heading="Holding over; Dual offices of profit prohibited.">All elected municipal officers provided for in the Charter or other law, shall hold their offices until their successors are appointed or elected and qualified.
No person shall at any time hold more than one office yielding pecuniary compensation under the Mayor and City Council of Baltimore.</para>
      <para num="(l)" heading="Residency requirement.">
        <para num="(1)">The City Administrator and all heads of departments and bureaus, including presidents of boards and commissions, provided for by this Charter or any other law, and appointed by the Mayor or by the governing board of the department, shall be residents and registered voters of Baltimore City at the time of their appointment and shall remain residents and registered voters during their entire term of office.</para>
        <para num="(2)">The provisions of this subsection shall not apply to those holding office prior to January 1, 1975, as long as they shall retain that office, and further, shall not apply to a City Administrator, a department head, or bureau head appointed after January 1, 1975 who signs a declaration of intent to become a City resident and registered voter within six months of the date of appointment.  If that department or bureau head fails to abide by this declaration of intent, then the appointment shall be terminated.</para>
      </para>
      <annotation type="History">Res. 20-026, ratified Nov. 3, 2020, eff. July 1, 2021</annotation>
      <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
      <annotation type="Editor's Notes">See City Code Article 1, § 7-10 {“Residency requirements for City officials”) and its accompanying Editor’s Note.  That section codifies the City’s residency requirements in accord with controlling limitations imposed by &lt;cite data-doc="Md. Code" data-path="glg|1-201"&gt;State Local Government Article, § 1-201&lt;/cite&gt;.</annotation>
      <annotation type="History" />
    </section>
    <section prefix="§" num="7" heading="Appointment of municipal employees.">
      <text>The heads of departments, municipal officers not embraced in a department (including the Comptroller), commissions and boards shall have the sole power of appointment and removal of all deputies, assistants, clerks and subordinate employees employed by them, subject to the Civil Service provisions of &lt;cite data-path="VII"&gt;Article VII&lt;/cite&gt;, unless otherwise provided in the Charter.</text>
      <text>The head of each municipal agency shall designate the functions and prescribe the duties of the several assistants, clerks and employees of such agency, consistent with the Charter and with the classification of such assistant, clerk or employee as previously determined by the Civil Service Commission.</text>
    </section>
    <section prefix="§" num="8" heading="Minority party representation.">
      <text>Except as otherwise provided in the Charter or by other law, at least one member, in the case of commissions or boards composed of not more than five members, and at least two members, in the case of commissions or boards composed of more than five members, shall be registered voters in Baltimore City who are not registered as members of the majority party.  The “majority party” shall be that political party which had the largest number of registered voters at the time of the municipal election next preceding the date of the appointment.</text>
      <annotation type="History">Res. 12-005, ratified Nov. 6, 2012</annotation>
    </section>
  </container>
  <container prefix="Article" num="V" heading="Comptroller">
    <section prefix="§" num="1" heading="Election, term, etc.; Deputy Comptroller; Staff.">
      <para num="(a)" heading="Election and qualifications; Term; Salary; Term limit.">
        <para num="(1)">The voters of Baltimore City shall elect a Comptroller of the City on the Tuesday next after the first Monday in November 2016, and on the same day and month in every succeeding fourth year.</para>
        <para num="(2)">The Comptroller shall possess the same qualifications as prescribed in this Charter for the Mayor.</para>
        <para num="(3)">The term of the Comptroller shall commence on the Tuesday next after the first Monday in December succeeding the election and shall continue for 4 years and until a successor has been elected and qualified.</para>
        <para num="(4)">The Comptroller's salary shall be set as provided in &lt;cite data-path="VII"&gt;Article VII&lt;/cite&gt;, §§ &lt;cite data-path="VII|§117"&gt;117&lt;/cite&gt; through &lt;cite data-path="VII|§125"&gt;125&lt;/cite&gt; of this Charter.</para>
        <para num="(5)">A Comptroller shall not hold office for more than 2 consecutive full terms of office and in no event shall hold the office for more than 8 years during any12 year period. This provision shall not preclude an elected Comptroller from seeking other elected offices within Baltimore City after two consecutive terms as Comptroller. In the event that an elected Comptroller takes office as a result of a removal or vacancy described in &lt;cite data-path="V|§2"&gt;§ 2 of this Article&lt;/cite&gt;, that elected Comptroller shall only be eligible to hold that office for the remainder of the predecessor’s unexpired term and 1 consecutive full term thereafter.</para>
      </para>
      <para num="(b)" heading="Deputy; Staff.">The Comptroller shall appoint, to aid in the discharge of the Comptroller’s duties, a Deputy Comptroller and such other employees as provided in the Ordinance of Estimates.  In case of temporary absence or disqualification of the Comptroller, the Deputy Comptroller shall, during such absence or disqualification from any cause, perform the duties of the Comptroller, including the Comptroller’s duties as a member of the Board of Estimates.</para>
      <annotation type="History">Initiative “Question K”, ratified Nov. 8, 2022</annotation>
      <annotation type="History">Res. 99-016, ratified Nov. 2, 1999</annotation>
      <annotation type="History">Res. 04-049, ratified Nov. 2, 2004</annotation>
      <annotation type="History">Res. 05-009, ratified Nov. 7, 2006</annotation>
      <annotation type="History">Res. 12-003, ratified Nov. 6, 2012</annotation>
    </section>
    <section prefix="§" num="2" heading="Removal; Vacancy.">
      <para num="(a)" heading="Removal.">The City Council, by a three-fourths vote of its members, may remove the Comptroller from office for incompetency, misconduct in office, wilful neglect of duty, or felony or misdemeanor in office, on charges preferred by the Mayor, by the City Council's Committee on Legislative Investigations, a verified petition signed by at least 20% of the qualified voters in Baltimore City, or by the Inspector General, and after notice of  those charges and an opportunity to be heard by the City Council are given to the Comptroller.</para>
      <para num="(b)" heading="Vacancy.">In the event of the death, resignation, or removal from office of the Comptroller, a successor, to fill out the unexpired term, shall be elected by the City Council by a majority vote of its members.</para>
      <annotation type="History">Res. 20-024, ratified Nov. 3, 2020</annotation>
      <annotation type="Editor's Notes">Paragraph (a)(5) was added by Initiative Ballot Question K, ratified November 8, 2022.  The final sentence of Question K establishes that paragraph (a)(5) will be effective “beginning with persons elected in the 2024 Baltimore City Election.”</annotation>
    </section>
    <section prefix="§" num="3" heading="General duties.">
      <text>The Comptroller shall:</text>
      <para num="(a)">serve as a member of the Board of Estimates;</para>
      <para num="(b)">serve as a member of the Board of Finance;</para>
      <para num="(c)">have such general supervision of the Department of Audits and the activities of the City Auditor as provided for in the Charter;</para>
      <para num="(d)">be responsible for the proper conduct, management and operation of the Department of Real Estate; and</para>
      <para num="(e)">subject to the approval of the Board of Estimates, and within the limits of the appropriation therefor in the Ordinance of Estimates, obtain such insurance as may be necessary for the proper protection of the City or as may be required by applicable law, and shall, whenever it would be to the City’s advantage, seek competitive bids for the insurance;</para>
      <para num="(f)">be responsible for the proper conduct, management and operation of the Department of Accounts Payable; and</para>
      <para num="(g)">perform such other duties, not inconsistent with the office, as prescribed by law.</para>
      <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
    </section>
    <section prefix="§" num="4" heading="Department of Real Estate – Established.">
      <text>There shall be a Department of Real Estate, the head of which shall be the Comptroller.</text>
      <text>For the conduct of the Department, the Comptroller shall appoint a Real Estate Officer and such assistants and employees as may be provided for in the Ordinance of Estimates.</text>
    </section>
    <section prefix="§" num="5" heading="Department of Real Estate – Duties.">
      <text>The Department of Real Estate shall have the following responsibilities in all matters relating to the acquisition, sale, lease, exchange or other disposition of real property of the City; provided, however, that nothing in &lt;cite data-path="V|§5"&gt;this section&lt;/cite&gt; shall affect the exercise by the City by ordinance of the powers granted to it in sub&lt;cite data-path="II|§(15)"&gt;section (15) of Article II&lt;/cite&gt;, or by the Mayor of the powers provided by &lt;cite data-path="IV|§4|(c)"&gt;Section 4(c) of Article IV&lt;/cite&gt; relating to economic development:</text>
      <para num="(a)" heading="Negotiation of acquisitions.">Subject to any limitation on this power elsewhere in the Charter, any purchase (other than by condemnation) of real property or an interest therein by the City shall (unless and to the extent otherwise provided by the Board of Estimates) be negotiated and made on its behalf by the Department of Real Estate in such a manner as the Board of Estimates shall from time to time authorize and instruct.</para>
      <para num="(b)" heading="Disposition of City property.">The Department shall (unless and to the extent otherwise provided by the Board of Estimates) arrange for the disposition of any building or parcel of land (or any other real property) no longer needed by the City for public use.
Any such disposition shall be authorized by ordinance, shall be approved by the Board of Estimates with the approval entered in its minutes, and shall be made at public sale unless a private sale or other manner of disposition shall be expressly authorized by the Board of Estimates and entered in its minutes.  The instrument of conveyance of any building or parcel of land (or any other real property) whose disposition has been so authorized and approved shall be executed on behalf of the City by the Comptroller or Deputy Comptroller and attested to by the Director of Finance or the Deputy Director of Finance.</para>
      <para num="(c)" heading="Leasing City property.">The Department is authorized to lease any building or parcel of land (or any other real property) not needed by the City for public purposes on a month to month basis, unless otherwise provided by ordinance.  It is also authorized to lease such property for fixed terms provided such leases are first approved by the Board of Estimates.</para>
      <para num="(d)" heading="Inventory of City property.">The Comptroller, working in conjunction with the heads of other affected municipal agencies, shall maintain a public inventory of the City’s properties.</para>
    </section>
    <section prefix="§" num="6" heading="Real Property Account.">
      <text>Except as may be otherwise provided by ordinance with regard to the exercise by the City of the powers granted to it in subsection (15) and sub&lt;cite data-path="II|§(15A)"&gt;section (15A) of Article II&lt;/cite&gt;, the Comptroller shall cause to be credited to an account to be known as the “Mayor and City Council Real Property Account”, the proceeds from the sale by the City of any real or leasehold property or interest therein.</text>
      <text>Moneys received from such sales shall be appropriated in the Ordinance of Estimates only for the purchase of land, and the purchase or construction of buildings, and other construction work and projects, and to carry out the industrial and economic development powers vested in the Mayor and City Council of Baltimore by the provisions of sub&lt;cite data-path="II|§(15A)"&gt;section (15A) of Article II&lt;/cite&gt;, it being the intent of this provision to limit the use of such moneys to the purposes specifically mentioned in &lt;cite data-path="V|§6"&gt;this section&lt;/cite&gt;, and otherwise to prohibit their use for current expenses of the City.</text>
      <text>The annual Ordinance of Estimates shall include the appropriations which are proposed to be charged to the “Mayor and City Council Real Property Account”, and the state of the account, with the particulars as to sources of receipts, shall be reported by the Comptroller annually to the City Council.</text>
    </section>
    <section prefix="§" num="7" heading="Department of Audits – Established.">
      <para num="(a)" heading="Establishment; City Auditor.">There shall be a Department of Audits, the head of which shall be the City Auditor.
The City Auditor shall be a certified public accountant who is licensed by the State of Maryland, shall be appointed by the Comptroller in accordance with the provisions of the Charter relating to the Civil Service, and shall hold office in accordance with these provisions.</para>
      <para num="(b)" heading="Staff; Budget.">The City Auditor shall appoint such employees as may be provided in the Ordinance of Estimates.
Sufficient funds shall be included in the Ordinance of Estimates for the Department of Audits to enable the City Auditor to perform the duties prescribed herein.</para>
    </section>
    <section prefix="§" num="8" heading="Department of Audits – General powers and duties.">
      <para num="(a)" heading="In general.">In accordance with generally accepted government auditing standards and State and federal law, the City Auditor:<para num="(1)">shall at appropriate intervals conduct an audit of the financial transactions of every municipal agency, except the Department of Audits;</para>
        <para num="(2)">shall conduct an annual audit of all accounts, revenues, and receipts of the City;</para>
        <para num="(3)">shall conduct biennial audits of principal agencies, as provided in &lt;cite data-path="V|§11"&gt;§ 11 of this article&lt;/cite&gt;;</para>
        <para num="(4)">may audit the expenditure of City-granted funds by any public or private agency that receives such funds;</para>
        <para num="(5)">may audit City contracts, grants, subgrants and other agreements as required by the terms and conditions of these instruments and, when the contracts, grants, subgrants and other agreements require that audits be conducted by other auditors, review such audits; and</para>
        <para num="(6)">shall make such other audits as the Comptroller or the Board of Estimates may request, provided that those requested audits do not, in the judgment of the City Auditor, unduly hinder the performance of regular audits.</para>
      </para>
      <para num="(b)" heading="Subpoena.">
        <para num="(1)">To perform the duties of his or her office, the City Auditor may issue a subpoena to any municipal officer, municipal employee, or any other person receiving City funds to require the production of any information, document, report, record, account, or other material.</para>
        <para num="(2)">The City Auditor may enforce any subpoena issued pursuant to this subsection in any court of competent jurisdiction.</para>
      </para>
      <para num="(c)" heading="Reports.">The City Auditor shall make reports of all such audits to the Comptroller and, at the same time, to each of the other members of the Board of Estimates.</para>
      <annotation type="History">Res. 16-031, ratified Nov. 8, 2016</annotation>
      <annotation type="History">Res. 20-022, ratified Nov. 3, 2020</annotation>
    </section>
    <section prefix="§" num="9" heading="Department of Audits – Comprehensive annual financial report.">
      <para num="(a)" heading="Audit of report.">The City Auditor, under the supervision of the Comptroller, shall audit the comprehensive annual financial report of the City, prepared by the Director of Finance.  This report shall be a public document.</para>
      <para num="(b)" heading="Access to records.">To carry out the Auditor’s duties, the Auditor shall have access at all times to the financial records of all municipal agencies and the relevant financial records of contractors with, and grantees of, the City.</para>
    </section>
    <section prefix="§" num="10" heading="Department of Audits – Independent auditors.">
      <para num="(a)" heading="Required engagement.">The Board of Estimates, at appropriate intervals, shall engage an independent firm of certified public accountants to audit:<para num="(1)">the financial transactions of the Department of Audits; and</para>
        <para num="(2)">the comprehensive annual financial report of the City.</para>
      </para>
      <para num="(b)" heading="Permissive engagement.">The Board of Estimates may engage an independent firm of certified public accountants to audit the financial transactions of any municipal agency and to examine the fiscal procedures, records, accounts, and methods of any municipal agency, including the Department of Audits.</para>
      <para num="(c)" heading="Reports.">The independent firm of certified public accountants shall make reports of its audits, examinations, and recommendations to the Board of Estimates.</para>
    </section>
    <section prefix="§" num="11" heading="Department of Audits – Biennial audits of principal agencies.">
      <para num="(a)" heading="Definitions.">
        <para num="(1)" heading="In general.">In &lt;cite data-path="V|§11"&gt;this section&lt;/cite&gt;, the following terms have the meanings indicated.</para>
        <para num="(2)" heading="Audit.">
          <para num="(i)">“Audit” means an audit undertaken in accordance with generally accepted government auditing standards and federal and state law.</para>
          <para num="(ii)">“Audit” includes both:<para num="(A)">a financial audit of a principal agency’s financial transactions, including all revenues and receipts; and</para>
            <para num="(B)">a performance audit that assesses a principal agency’s practices to determine whether the agency is operating economically and efficiently and whether corrective actions for improving its performance are appropriate.</para>
          </para>
        </para>
        <para num="(3)" heading="Principal agency.">“Principal agency” means any of the following executive departments:<para num="(i)">
              &lt;em&gt;Group A –&lt;/em&gt;
            <para num="1.">Department of Finance.</para>
            <para num="2.">Department of Public Works.</para>
            <para num="3.">Fire Department.</para>
            <para num="4.">Department of Housing and Community Development.</para>
            <para num="5.">Department of General Services.</para>
            <para num="6.">Baltimore Development Corporation.</para>
            <para num="7.">Mayor’s Office of Information Technology (or successor entity to this Office).</para>
            <para num="8.">Mayor’s Office of Human Services (or successor entity to this Office).</para>
          </para>
          <para num="(ii)">
              &lt;em&gt;Group B –&lt;/em&gt;
            <para num="1.">Department of Law.</para>
            <para num="2.">Department of Human Resources.</para>
            <para num="3.">Department of Transportation.</para>
            <para num="4.">Police Department.</para>
            <para num="5.">Department of Recreation and Parks.</para>
            <para num="6.">Department of Planning.</para>
            <para num="7.">Department of Health.</para>
            <para num="8.">Mayor’s Office of Employment Development (or successor entity to this Office).</para>
          </para>
        </para>
      </para>
      <para num="(b)" heading="Biennial audit required.">
        <para num="(1)" heading="In general.">At least twice during every 4-year term of the Mayor and City Council, the City Auditor shall conduct an audit of each principal agency’s operations for the preceding 2 fiscal years.</para>
        <para num="(2)" heading="Staggered schedule.">These audits shall be staggered so that:<para num="(i)">audits of the principal agencies listed in subsection (a)(3)(i) as “Group A” are initiated in odd-numbered calendar years; and</para>
          <para num="(ii)">audits of the principal agencies listed in subsection (a)(3)(ii) as “Group B” are initiated in even-numbered calendar years.</para>
        </para>
      </para>
      <para num="(c)" heading="Costs of audit.">In each fiscal year preceding the fiscal year in which audits are to be conducted under &lt;cite data-path="V|§11"&gt;this section&lt;/cite&gt;, the Comptroller shall include the costs of those audits in the estimates that the Comptroller submits for the next year’s Ordinance of Estimates.</para>
      <para num="(d)" heading="Status of prior recommendations.">
        <para num="(1)" heading="In general.">Each report of an agency audit conducted under &lt;cite data-path="V|§11"&gt;this section&lt;/cite&gt; shall include an ancillary report on the status of all recommendations for executive action that resulted from that agency’s immediately preceding audit under &lt;cite data-path="V|§11"&gt;this section&lt;/cite&gt;.</para>
        <para num="(2)" heading="Content of report.">The ancillary report shall:<para num="(i)">designate each recommendation’s status either as “implemented”, “partially implemented”, or “not implemented”; and</para>
          <para num="(ii)">provide justification for the status designation assigned.</para>
        </para>
      </para>
      <para num="(e)" heading="Publication of reports.">Reports of all audits conducted under &lt;cite data-path="V|§11"&gt;this section&lt;/cite&gt; shall be:<para num="(1)">posted on a public website maintained by the City Comptroller;</para>
        <para num="(2)">filed with the Department of Legislative Reference;</para>
        <para num="(3)">submitted to the principal agency audited; and</para>
        <para num="(4)">submitted to each member of:<para num="(i)">the Board of Estimates;</para>
          <para num="(ii)">the City Council; and</para>
          <para num="(iii)">the Biennial Audits Oversight Commission.</para>
        </para>
      </para>
      <para num="(f)" heading="Biennial Audits Oversight Commission.">
        <para num="(1)" heading="Commission established.">There is a Biennial Audits Oversight Commission.</para>
        <para num="(2)" heading="Composition.">The Commission comprises the following 7 members:<para num="(i)">the Director of Finance;</para>
          <para num="(ii)">the Inspector General;</para>
          <para num="(iii)">the Comptroller;</para>
          <para num="(iv)">the City Council President; and</para>
          <para num="(v)">3 members of the City Council, appointed by the City Council President.</para>
        </para>
        <para num="(3)" heading="Officers.">
          <para num="(i)">The City Council President shall designate 1 of the members to serve as Chair of the Commission.</para>
          <para num="(ii)">The members of the Commission, by majority vote, may elect any other officers that they consider necessary or appropriate.</para>
        </para>
        <para num="(4)" heading="Meetings; voting.">
          <para num="(i)">The Commission shall meet at the call of the Chair as frequently as required to perform its duties.</para>
          <para num="(ii)">4 members of the Commission constitute a quorum for the transaction of business.</para>
          <para num="(iii)">An affirmative vote of at least 4 members is needed for any official action.</para>
        </para>
        <para num="(5)" heading="Procedures.">The Commission may adopt rules of procedure to govern its meetings and operations.</para>
        <para num="(6)" heading="Powers and duties.">The Commission:<para num="(i)">shall provide guidance and advice to the City Auditor in determining the scope of a principal agency’s performance audit;</para>
          <para num="(ii)">shall hold at least 2 publicly advertised meetings a year, at which meetings the City Auditor shall appear and report on the status of the audits and recommendations under &lt;cite data-path="V|§11"&gt;this section&lt;/cite&gt;; and</para>
          <para num="(iii)">for good cause shown by a principal agency, may waive the requirement for a financial audit to be conducted under &lt;cite data-path="V|§11"&gt;this section&lt;/cite&gt;.</para>
        </para>
      </para>
      <annotation type="History">Res. 16-031, ratified Nov. 8, 2016</annotation>
      <annotation type="History">Res. 20-022, ratified Nov. 3, 2020</annotation>
      <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
    </section>
    <section prefix="§" num="12" heading="Department of Accounts Payable– Established.">
      <para num="(a)" heading="In general.">There shall be a Department of Accounts Payable, the head of which shall be the Director of the Department, who shall be appointed by the Comptroller.</para>
      <para num="(b)" heading="Staff.">The Director shall appoint such employees as may be provided in the Ordinance of Estimates.</para>
      <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
    </section>
    <section prefix="§" num="13" heading="Department of Accounts Payable – General powers and duties.">
      <text>Except as otherwise provided in &lt;cite data-path="VII|§10"&gt;Article VII, § 10&lt;/cite&gt; {“Department of Finance: Disbursements related to salary or compensation.”}:</text>
      <para num="(1)">the Department of Accounts Payable shall have general supervision and charge over all payments and disbursements made by the City; and</para>
      <para num="(2)">no payment or disbursement may be made by the City without the approval of the Department.</para>
      <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
    </section>
    <section prefix="§" num="14" heading="Department of Accounts Payable – Withdrawals; Signatures for checks.">
      <para num="(a)" heading="Withdrawals.">The Director shall approve the withdrawal of City moneys from their depositories.</para>
      <para num="(b)" heading="Required signatures for checks.">
        <para num="(1)" heading="In general.">Except as provided for in &lt;cite data-path="VII|§12"&gt;Article VII, § 12&lt;/cite&gt; {“Department of Finance: Collections, deposits, withdrawals, etc.”}, and unless otherwise provided by law, all checks of the City issued by or for the Department of Accounts Payable shall be signed by the Comptroller or Director and counter-signed by the Mayor.</para>
        <para num="(2)" heading="Form of signature.">Any signature on checks of the City may be manual or facsimile.</para>
      </para>
      <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
    </section>
    <section prefix="§" num="15" heading="Department of Accounts Payable – Reporting.">
      <text>The Comptroller and the Director of the Department shall deliver all information related to the operation of the Department to the Director of the Department of Finance, at the frequency and in the format required by the Director of Finance, to enable the Director of Finance to perform his or her duties as provided for in &lt;cite data-path="VII"&gt;Article VII&lt;/cite&gt;.</text>
      <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
    </section>
  </container>
  <container prefix="Article" num="VI" heading="Board of Estimates">
    <section prefix="§" num="1" heading="Establishment and organization.">
      <para num="(a)" heading="In general.">There shall be a Board of Estimates composed of the Mayor, President of the City Council, Comptroller, City Solicitor, and Director of Public Works, none of whom shall receive any additional salary as members of the Board.
The President of the City Council shall be President of the Board, and one of the members shall act as Secretary.
The Board may employ such employees as may be necessary to discharge its duties; their number and compensation shall be fixed in the Ordinance of Estimates.</para>
      <para num="(b)" heading="Meetings.">The first meeting of the Board in every year shall be called by notice from the Mayor or President of the City Council personally served upon members of the Board.  Subsequent meetings shall be called as the Board may direct.</para>
      <para num="(c)" heading="Representatives.">If a member is unable to attend a Board meeting, that member’s representative, as designated in the Charter, may attend and exercise the powers of the member.  The Mayor may designate a municipal officer or member of the Mayor’s personal staff to represent the Mayor and exercise the Mayor’s power at Board meetings in the Mayor’s absence.</para>
    </section>
    <section prefix="§" num="2" heading="Powers and duties.">
      <text>The Board of Estimates shall formulate and execute the fiscal policy of the City to the extent, and in the manner provided for, in the Charter.  To exercise its powers and perform its duties, the Board may promulgate rules and regulations and summon before it the heads of departments, bureaus or divisions, municipal officers, and members of commissions and boards.</text>
      <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
    </section>
    <section prefix="§" num="3" heading="Fiscal year; Budget schedule.">
      <para num="(a)" heading="Fiscal year.">The fiscal, budget, and accounting year of the City shall begin on the first day of July and end on the thirtieth day of June in every year unless otherwise provided by law.</para>
      <para num="(b)" heading="Notice and hearing.">At least thirty days prior to the adoption by the Board of Estimates of a proposed Ordinance of Estimates the Board shall make public the Director of Finance’s recommended operating budget, the Planning Commission’s recommended capital budget and long-range capital improvement program, and the reports of the Director of Finance and Planning Commission on these documents.
Thereafter, the Board shall hold public hearings at which members of the City Council, heads of municipal agencies, and citizens shall have the opportunity to appear before the Board to speak for or against the inclusion of any appropriation in the proposed Ordinance of Estimates.</para>
      <para num="(c)" heading="Submission to Council.">The Board of Estimates shall submit to the City Council the proposed Ordinance of Estimates for the next fiscal year at least forty-five days before the beginning of that fiscal year.</para>
      <para num="(d)" heading="Adoption by Council.">The City Council shall have at least forty days after receipt of the Board’s proposed Ordinance of Estimates to enact an Ordinance of Estimates.  The City Council shall adopt an Ordinance of Estimates at least five days prior to the beginning of the fiscal year to which it is applicable if the Board of Estimates submits its proposed Ordinance of Estimates within the period prescribed by Section 3(c).</para>
    </section>
    <section prefix="§" num="4" heading="Assistance from Finance Director and Planning Commission.">
      <text>To assist the Board of Estimates in the preparation of the proposed Ordinance of Estimates:</text>
      <para num="(a)" heading="Recommendations on agency estimates.">The Director of Finance shall submit for the consideration of the Board a recommended operating budget, which shall include the estimates submitted by the municipal agencies for the next fiscal year, the recommendations of the Director of Finance thereon, and all other estimates for appropriations to be made in the next fiscal year, other than for capital improvements; provided, however, the estimates for the Fire Department shall include such amounts, if any, as may be determined by a final decision of a board of arbitration convened to arbitrate unresolved negotiations between the City and the certified employee organizations representing the fire fighters and fire officers, as prescribed by existing &lt;cite data-path="VII|§53"&gt;Section 53 of Article VII&lt;/cite&gt;.</para>
      <para num="(b)" heading="Recommendations on capital budget, etc.">The Planning Commission shall submit for the consideration of the Board a recommended capital budget, a recommended long-range capital improvement program, and a report on both.  The Director and Board of Finance shall review the recommended capital budget and program, and make a report and recommendations about both to the Board of Estimates.</para>
    </section>
    <section prefix="§" num="5" heading="Preparation of proposed Ordinance of Estimates.">
      <para num="(a)" heading="Contents.">After receiving the recommendations of the Department of Finance and the Planning Commission, the Board shall prepare its proposed Ordinance of Estimates, which shall consist of:<para num="(1)">an operating budget: estimates for the next fiscal year of the appropriations needed for the operation of each municipal agency and for all other purposes, other than for capital improvements.  These estimates shall state the amounts needed by every municipal agency for each particular program, purpose, activity, or project and the source of funds, if other than general funds, for each.</para>
        <para num="(2)">a capital budget: estimates of the amounts to be appropriated to each municipal agency for capital improvements in the next fiscal year.  The capital budget proposed by the Board also shall include the projects that the Board includes in the first year of its long-range capital improvement program and the source of funds for all capital improvements.  However, no capital project shall be included in the capital budget portion of the proposed Ordinance of Estimates submitted by the Board of Estimates to the City Council unless the Board has received and considered the reports and recommendations of the Planning Commission, the Director of Finance, and the Board of Finance with regard to such capital project.  The Board of Estimates may establish additional procedures for the development of a long-range capital improvement program and a capital budget.</para>
      </para>
      <para num="(b)" heading="Contingent fund.">The Board may include annually in the proposed Ordinance of Estimates a sum up to one million dollars ($1,000,000.00) of the General Fund appropriations to be used during the next fiscal year as a contingent fund in case of an emergency or necessity for the expenditure of money in excess of or other than the appropriations regularly passed for any municipal agency.
At least one week before it approves a contingent fund expenditure, the Board shall report to the City Council the reasons for the expenditure.</para>
    </section>
    <section prefix="§" num="6" heading="Adoption of proposed Ordinance of Estimates.">
      <para num="(a)" heading="Adoption, submission, and publication.">After the public notice and hearings prescribed by Section 3(b), the Board shall adopt a proposed Ordinance of Estimates by a majority vote of all the members.  The Board shall deliver the proposed Ordinance of Estimates to the President of the City Council and contemporaneously publish a copy of the proposed ordinance in two daily newspapers in Baltimore City.</para>
      <para num="(b)" heading="Accompanying materials.">The proposed Ordinance of Estimates that the Board submits to the City Council shall be accompanied by the following materials:<para num="(1)">a breakdown of the amounts stated for each program, purpose, activity, or project of each municipal agency in the proposed operating budget by standard categories of expenditure, for<para num="(a)">personal services,</para>
          <para num="(b)">materials, supplies, and equipment,</para>
          <para num="(c)">debt service, and</para>
          <para num="(d)">such other categories as the Board of Estimates may deem advisable.
The personal services category shall include the compensation of every officer and salaried employee of the City; provided, however, that the salaries for employees in the same classification who have a uniform salary or salary range may be combined into a single entry, which shall indicate the number of such employees, their aggregate salaries, and the name or title of the classification.</para>
        </para>
        <para num="(2)">a comparison by standard categories of expenditures of the appropriations contained in the proposed operating budget with<para num="(a)">the amounts requested by the municipal agencies in their budget submissions</para>
          <para num="(b)">the amounts appropriated for the current fiscal year and</para>
          <para num="(c)">the amounts expended in the prior fiscal year;</para>
        </para>
        <para num="(3)">detailed information about the sources of funds to meet the aggregate total of the appropriations contained in the proposed Ordinance of Estimates;</para>
        <para num="(4)">the long-range capital improvement program adopted by the Board and for each capital project included in the capital budget, the following:
a brief description and location,
the total estimated cost,
the appropriations authorized to date,
the appropriations proposed for the next fiscal year,
the appropriations required thereafter to complete the project, and
the estimated additional annual maintenance and operation cost.</para>
        <para num="(5)">a statement setting out:<para num="(a)">the revenues which the City can reasonably expect to receive in the next fiscal year from all existing sources of revenue at existing rates other than the full rate property tax but including amounts believed to be collectible from taxes for prior years and including an estimate of the surplus expected at the end of the current fiscal year;</para>
          <para num="(b)">the difference between the revenues expected under (a) above and the total amount of appropriations provided in the proposed Ordinance of Estimates;</para>
          <para num="(c)">the estimated taxable basis for the next ensuing fiscal year for the levy of full rate property taxes;</para>
          <para num="(d)">the rate for the levy of full rate property taxes which, given the revenues expected under (a) above, the total appropriations in the proposed Ordinance of Estimates, and the taxable basis, will be necessary to raise sufficient total revenues to cover total anticipated expenditures;</para>
          <para num="(e)">new sources of revenue or new rates on existing sources of revenue, and the amounts which can reasonably be expected from each of them, which the Board of Estimates believes should be adopted for the next fiscal year; also the rate for the levy of full rate property taxes which, in view of such new sources of revenue or new rates on existing sources of revenue, will be necessary to bring total expected revenues for the next fiscal year into balance with total anticipated expenditures for the year;</para>
        </para>
        <para num="(6)">a message from the Mayor explaining the major emphasis and objectives of the City’s budget for the next fiscal year;</para>
        <para num="(7)">such other information as the Board of Estimates may deem advisable.</para>
      </para>
    </section>
    <section prefix="§" num="7" heading="Enactment of Ordinance of Estimates.">
      <para num="(a)" heading="Introduction; authorized cuts.">
        <para num="(1)">On receipt of the proposed Ordinance of Estimates and the accompanying materials, the President of the City Council shall promptly cause it to be introduced in the City Council, and the Council shall hold public hearings on the proposed Ordinance of Estimates.</para>
        <para num="(2)">By a majority vote of its members, the City Council may reduce or eliminate any of the amounts in the proposed Ordinance of Estimates, except:<para num="(i)">amounts fixed by state or federal law;</para>
          <para num="(ii)">amounts for the Fire Department established by a board of arbitration and included in the proposed Ordinance of Estimates; and</para>
          <para num="(iii)">amounts for the payment of the interest and principal of the municipal debt.</para>
        </para>
      </para>
      <para num="(b)" heading="Increases and additions.">
        <para num="(1)">Except as provided in this subsection, the City Council does not have the power to increase the amounts fixed by the Board or to add any amount for any new purpose in the proposed Ordinance of Estimates.</para>
        <para num="(2)">
          <para num="(i)">By a majority vote of its members, the City Council may increase items of appropriation within the general fund or add items within the general fund for new purposes provided that:<para num="(A)">the aggregate amount of the increase does not exceed the aggregate amount by which the City Council has reduced or eliminated from the Ordinance of Estimates under &lt;cite data-path="VI|§7|(a)"&gt;subsection (a) of this section&lt;/cite&gt;;</para>
            <para num="(B)">the increases authorized by this subsection do not derive from the reduction or elimination of revenue, which by law, contract, or regulation must be used to support appropriations for specific purposes; and</para>
            <para num="(C)">an item added for a new purpose is or will be authorized by legislation separate and apart from the Ordinance of Estimates.</para>
          </para>
          <para num="(ii)">In no event, however, may:<para num="(A)">the total amount of the Operating Budget or the Capital Budget, as amended by the City Council, exceed the total amount of the Operating Budget or Capital Budget, respectively, as proposed by the Board of Estimates; or</para>
            <para num="(B)">any increase or addition be made to or for any item described in subsection (a)(2)(i), (ii), or (iii) of &lt;cite data-path="VI|§7"&gt;this section&lt;/cite&gt;.</para>
          </para>
        </para>
        <para num="(3)">If the carrying out of a particular program, purpose, activity, or project depends on action by a body other than the City, the City Council may insert a specific provision in the proposed Ordinance of Estimates making the appropriation for the particular program, purpose, activity, or project contingent on that action.</para>
      </para>
      <para num="(c)" heading="Revenue ordinances.">As soon as practicable after the passage of the Ordinance of Estimates, the City Council shall enact such revenue ordinances as are necessary to produce sufficient expected revenues, as estimated by the Board of Estimates, to cover the total anticipated expenditures authorized by the Ordinance of Estimates.  The Council may adopt revenue sources or revenue rates other than those proposed by the Board and in each such instance the estimate of the revenue to be yielded by such a source or rate shall be made by the Board of Estimates.
The Board of Estimates shall, taking into account any reductions and eliminations made by the City Council in the anticipated expenditures contained in the proposed Ordinance of Estimates and the revenues to be derived from all existing sources and from any new sources or new rates enacted by the City Council, certify to the Council the difference between the anticipated expenditures for the next fiscal year contained in the Ordinance of Estimates and all expected revenues other than from the full rate property tax.  The Board shall then state a rate for the levy of full rate property taxes sufficient to realize the amount required to meet the said difference and the ordinance making the annual levy of full rate property taxes shall fix a rate not less than that stated by the Board so that it shall not be necessary at any time for the City to create a floating debt to meet any deficiency, and it shall not be lawful for the City to create a floating debt for any such purpose.</para>
      <annotation type="History">Res. 20-025, ratified Nov. 3, 2020, effective July 1, 2022</annotation>
    </section>
    <section prefix="§" num="8" heading="Deficiencies; Supplementary appropriations.">
      <para num="(a)" heading="Deficiencies.">No temporary loan shall be authorized or made to pay any deficiency arising from a failure to realize sufficient income from all sources to meet the amounts provided in the Ordinance of Estimates, but the City may temporarily borrow money for its use in anticipation of the receipts of taxes levied for any year.  In case of any such deficiency the Board of Estimates shall effect reductions (which need not be pro rata) in appropriations other than those for the payment of the principal and interest of the City debt and such amounts as are fixed by law and contained in the Ordinance of Estimates, except to the extent that the City Council shall, upon the recommendation of the Board of Estimates, enact an ordinance which shall supply revenues to meet all or any part of such deficiency.  No emergency loan shall be made except in accordance with the provisions of &lt;cite data-doc="Md. Const." data-path="XI"&gt;Article XI of the Constitution of Maryland&lt;/cite&gt;.</para>
      <para num="(b)" heading="Supplementary appropriations — when authorized.">
        <para num="(1)">Except as provided herein, the Ordinance of Estimates shall include all the moneys to be appropriated by the City for all purposes for the fiscal year for which the ordinance is applicable.</para>
        <para num="(2)">Additional appropriations are permitted during the fiscal year only in the following circumstances and under the following conditions:<para num="(i)" heading="Excess revenues.">Revenues from any source other than the full rate property tax and other taxes imposed under the authority of &lt;cite data-path="II"&gt;Article II&lt;/cite&gt;, in excess of or in addition to those relied on by the Board of Estimates in determining the tax levy required to balance the budget, may be made available for expenditure by the municipal agency responsible for the production of those revenues by a supplementary appropriation ordinance recommended to the City Council by the Board of Estimates, duly passed by the City Council by a majority vote of its members and approved by the Mayor.</para>
          <para num="(ii)" heading="Unanticipated grants.">Grants from private or governmental sources that could not be expected with reasonable certainty at the time of the formulation of the proposed Ordinance of Estimates may be made available to the appropriate municipal agency for expenditure by a supplementary appropriation ordinance recommended to the City Council by the Board of Estimates, duly passed by the City Council by a majority vote of its members and approved by the Mayor.</para>
          <para num="(iii)" heading="Material changes; new programs.">Further appropriations for programs included in the proposed Ordinance of Estimates made necessary by a material change in circumstances, or additional appropriations for new programs that could not reasonably be anticipated at the time of the formulation of the proposed Ordinance of Estimates may be made available to the appropriate municipal agency for expenditure by a supplementary appropriation ordinance recommended to the City Council by the Board of Estimates, duly passed by the City Council by a vote of three-fourths of its members and approved by the Mayor.</para>
        </para>
      </para>
      <para num="(c)" heading="Supplementary appropriations – Requisites of ordinance.">Every such further or additional appropriation shall be embodied in a separate ordinance limited to a single program, purpose, activity or project therein stated, and each such supplementary appropriation ordinance shall also, anything contained in the Charter to the contrary notwithstanding, provide the revenue necessary to pay the appropriation by a source, other than the full rate property tax, imposed under the authority of &lt;cite data-path="II"&gt;Article II&lt;/cite&gt;.  The revenue shall be levied and collected as directed in the ordinance.  The estimate of the revenues to be derived from any source proposed in a supplementary appropriation ordinance shall be made by the Board of Estimates.</para>
      <annotation type="History">Res. 20-025, ratified Nov. 3, 2020, effective July 1, 2022</annotation>
    </section>
    <section prefix="§" num="9" heading="Uses of appropriations.">
      <para num="(a)" heading="In general.">Following the passage of the Ordinance of Estimates and the enactment of the revenue measures necessary to achieve a balance between expected revenues and anticipated expenditures for the next fiscal year, the sums contained in the Ordinance of Estimates shall, after the beginning of the fiscal year to which it is applicable, be and become appropriated for the purposes therein named.
No appropriation provided for in the Ordinance of Estimates shall be used for any purpose other than that named in that ordinance, except:<para num="(1)">the Board of Estimates may increase the amount for a particular program, purpose, activity, or project or introduce an amount for a new program, purpose, activity or project by transferring thereto amounts already appropriated to that agency; and</para>
        <para num="(2)">upon the recommendation of the Board of Estimates, the City Council by ordinance may authorize the transfer of an appropriation contained in the Ordinance of Estimates from one municipal agency to another municipal agency;
provided, however, that new or different amounts for capital projects from those stated in the capital budget portion of the Ordinance of Estimates shall not be authorized unless the Board of Estimates has received and considered the reports and recommendations thereon of the Planning Commission and the Director of Finance.</para>
      </para>
      <para num="(b)" heading="Expenditure schedule.">Upon the authorization of the Board of Estimates and under procedures established by the Board, the Director of Finance shall establish an expenditure schedule, applicable to any or all municipal agencies whenever, in the opinion of the Board, financial conditions warrant such budgetary allotments.</para>
      <para num="(c)" heading="Carry-overs; Lapses.">
        <para num="(1)">Appropriations contained in the Ordinance of Estimates for a particular program, purpose, activity, or project may, upon the recommendation of the head of the municipal agency concerned and the Director of Finance, and with the approval of the Board of Estimates, be carried over to fiscal years subsequent to the one for which the appropriation is initially made if necessary to accomplish that program, purpose, activity, or project.</para>
        <para num="(2)">Funds encumbered for contracts, projects or other actual commitments and funds dedicated by any act of Congress or by State law or by the terms of any private grant to some specific purpose shall be carried over to the next fiscal year.</para>
        <para num="(3)">All appropriations not so carried over shall lapse at the end of the fiscal year from which made, except as provided in paragraph (4) of this subsection.</para>
        <para num="(4)">Any balance remaining in the fund of the water, sanitary wastewater, or stormwater utility (under &lt;cite data-path="VI|§18"&gt;Section 18 of this article&lt;/cite&gt;) at the end of the fiscal year shall remain to the credit of that utility and an estimate of that balance shall be included in that utility’s budget for the next year as an estimated receipt.</para>
      </para>
      <para num="(d)" heading="Surpluses.">
        <para num="(1)">In case of any surplus arising in any fiscal year by reason of an excess of revenue over the expenditures (including any appropriation carried over) for that year, the surplus shall become a part of the general revenue of the City and shall be available for the general expenditures of the City for the next fiscal year, in accordance with the Ordinance of Estimates for that year.  An estimate of the surplus shall be made by the Board of Estimates and included in expected revenues for the next year.</para>
        <para num="(2)">However, any surplus or retained earnings of the water, sanitary wastewater, or stormwater utility fund (under &lt;cite data-path="VI|§18"&gt;§ 18 of this article&lt;/cite&gt;) at the end of the fiscal year shall remain to the credit of that utility and the estimate of that balance shall be included in that utility’s budget for the next year as an estimated receipt.</para>
      </para>
      <annotation type="History">Res. 10-019, ratified Nov. 2, 2010</annotation>
      <annotation type="History">Res. 12-004, ratified Nov. 6, 2012</annotation>
    </section>
    <section prefix="§" num="10" heading="Salaries.">
      <para num="(a)" heading="In-term increases or decreases — in general.">
        <para num="(1)">In preparing the Ordinance of Estimates, the Board of Estimates may increase or decrease the salaries of all municipal officers, except:<para num="(i)">the elected officials subject to &lt;cite data-path="VII"&gt;Article VII&lt;/cite&gt;, §§ &lt;cite data-path="VII|§117"&gt;117&lt;/cite&gt; through &lt;cite data-path="VII|§125"&gt;125&lt;/cite&gt; of this Charter; and</para>
          <para num="(ii)">the appointed municipal officers who serve as  members of the Board of Estimates,</para>
        </para>
        <para num="(2)">If the salary of an appointed municipal officer is so increased or decreased, it may not again be increased or decreased, as the case may be, during that officer’s term.</para>
      </para>
      <para num="(b)" heading="In-term increases or decreases — Board members.">
        <para num="(1)">The Mayor and City Council may, by ordinance, increase or decrease the salaries of the appointed municipal officers who serve as members of the Board of Estimates.</para>
        <para num="(2)">If the salary of an appointed municipal officer on the Board is so increased or decreased, it may not again be increased or decreased, as the case may be, during that officer’s term.</para>
      </para>
      <para num="(c)" heading="Employment contingent on appropriation.">No person shall be appointed or employed as a paid municipal officer or employee unless an appropriation to cover that person’s compensation is included in the Ordinance of Estimates;
provided, however, that this provision shall not apply to:<para num="(1)">appointments or employments approved by resolution of the Board of Estimates, where funds are available for payment of the designated compensation; and</para>
        <para num="(2)">persons whose appointment or employment is to be made and whose compensation is to be fixed by the Board of School Commissioners as provided in &lt;cite data-path="VII|§63"&gt;Section 63 of Article VII&lt;/cite&gt;.</para>
      </para>
      <para num="(d)" heading="Increases beyond Ordinance of Estimates.">Except in cases of promotion, the salary or compensation of no officer or employee of the City shall be increased beyond that set forth in the materials accompanying the proposed Ordinance of Estimates unless the increase be approved by the Board of Estimates upon the recommendation of the head of the agency concerned, and funds therefor are available in the appropriation allotted in the Ordinance of Estimates to the agency in question;
provided, however, that the Board of Estimates may adopt rules and regulations governing increments to be granted to employees whose classifications call for an annual increment until the maximum of such classification is reached;
provided, further, that nothing in this provision shall affect the power conferred by &lt;cite data-path="VII|§63"&gt;Section 63 of Article VII&lt;/cite&gt; upon the Board of School Commissioners.</para>
      <para num="(e)" heading="Payment intervals.">The salaries of all municipal officers and employees, whether or not fixed by the Charter, shall be paid at such intervals, but not less frequently than semi-monthly, as the Board of Estimates may determine from time to time.</para>
      <annotation type="History">Res. 05-009, ratified Nov. 7, 2006</annotation>
      <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
    </section>
    <section prefix="§" num="11" heading="Procurement.">
      <para num="(a)" heading="Board of Estimates responsible.">The Board of Estimates shall be responsible for awarding contracts and supervising all purchasing by the City as provided in &lt;cite data-path="VI|§11"&gt;this section&lt;/cite&gt; and elsewhere in the Charter.</para>
      <para num="(b)" heading="Authority of  City Council.">
        <para num="(1)">By ordinance passed by two-thirds of the City Council members, the Mayor and City Council shall set the dollar thresholds for:<para num="(i)">contracts that must be formally advertised; and</para>
          <para num="(ii)">contracts that must be approved by the Board of Estimates.</para>
        </para>
        <para num="(2)">Pending enactment of an Ordinance under this subsection, the Board of Estimates shall set initial threshold amounts.  Those initial amounts shall remain in effect until different amounts have been set by Ordinance under this subsection.</para>
      </para>
      <para num="(c)" heading="Formal advertisement.">In contracting for any public work, or the purchase of any supplies (unless otherwise provided by ordinance for foodstuffs and related perishables), materials, equipment, or services other than professional services, for the City or by any municipal agency, involving an expenditure of greater than the threshold set under &lt;cite data-path="VI|§11|(b)"&gt;subsection (b) of this section&lt;/cite&gt;, advertisements for proposals shall first be published at least twice in two or more newspapers of general circulation published in Baltimore City, and published electronically to the public, unless otherwise provided by the Charter.  The first publication shall be made not less than 10 nor more than 90 days prior to the day set for opening the bids.</para>
      <para num="(d)" heading="Professional services.">All professional services contracted for by the City shall be engaged in the manner prescribed by resolution of the Board of Estimates.</para>
      <para num="(e)" heading="Emergencies, etc.">
        <para num="(i)">When any supplies, materials, equipment, services, or public works are of such a nature that no advantage will result in seeking, or it is not practicable to obtain, competitive bids, or when the need for supplies, materials, equipment, services, or public works is of an emergency nature and the using agency certifies this in writing to the Board of Estimates, with written notice to the Department of Finance, the provisions of &lt;cite data-path="VI|§11|(c)"&gt;subsection (c) of this section&lt;/cite&gt; may be dispensed with.  However, the purchase may not be made, nor may the City incur any obligation for it, until approved by the Board of Estimates after considering the recommendation of the Department of Finance.  When practicable, the City’s intent to make a purchase under this exception shall be posted electronically to the public for comment prior to the approval of the purchase by the Board of Estimates.</para>
        <para num="(ii)">In the event of an emergency of such a nature that the public welfare would be adversely affected by awaiting the approval of the Board of Estimates, the Department of Finance, upon application by the head of the municipal agency involved, may proceed to obtain the supplies, materials, equipment, services, or public works required without reference to the provisions of &lt;cite data-path="VI|§11|(c)"&gt;subsection (c) of this section&lt;/cite&gt;.  A full report of any this action shall be promptly submitted to the Board of Estimates.</para>
      </para>
      <para num="(f)" heading="Contracts subject to Board of Estimates approval.">All purchases of services other than professional services, of property other than real estate or interests therein (except as may be otherwise provided by ordinance for foodstuffs and related perishables), and all other contracts involving an expenditure greater than an amount set under &lt;cite data-path="VI|§11|(b)"&gt;subsection (b) of this section&lt;/cite&gt;, except those awarded by the Board of Estimates pursuant to the provisions of &lt;cite data-path="VI|§11|(h)"&gt;subsection (h) of this section&lt;/cite&gt;, made by any municipal agency, in addition to compliance with other applicable provisions of the Charter, shall be submitted to the Board of Estimates for its approval and shall be binding upon the City only when so approved.
The Board of Estimates may adopt rules and regulations governing the procedures and requirements to be followed by any municipal agency in making purchases or other contracts involving an expenditure that does not require formal advertising under &lt;cite data-path="VI|§11|(c)"&gt;subsection (c) of this section&lt;/cite&gt;.</para>
      <para num="(g)" heading="Prequalification of bidders.">In contracting for any public work or the purchase of any supplies, materials, equipment, or services for the City or by any municipal agency, the Board of Estimates may establish, maintain, and modify rules, regulations, and standards for the prequalification of bidders.</para>
      <para num="(h)" heading="Bid awards.">
        <para num="(1)">
          <para num="(i)">All bids made to the City in response to the formal advertising procedures contained in &lt;cite data-path="VI|§11"&gt;this section&lt;/cite&gt;, for materials, supplies, equipment, services, or public works, or for any other purpose, unless otherwise provided in the Charter, shall be opened by the Board of Estimates.</para>
          <para num="(ii)">After opening the bids, the Board of Estimates shall award the contract, as an entirety to the lowest responsive and responsible bidder or by items to the respective lowest responsive and responsible bidders, or in the case of Requests for Proposals to the highest scoring responsive and responsible bidder, or shall reject all bids.  However, whenever alternative bids are invited for two or more different things, then, after all bids have been opened, the Board may select the particular item that will be procured, and shall award the contract to the lowest responsive and responsible bidder or in the case of Requests for Proposals to the highest scoring responsive and responsible bidder for that particular item.</para>
          <para num="(iii)">In the event of tie bids, the using agency, with written notice to the Department of Finance, shall make a written recommendation and report to the Board of Estimates setting forth all pertinent considerations and the reasons for its recommendation.  The Board, after also considering the recommendation of the Department of Finance, may then award the contract in its discretion, as long as the total cost to the City does not exceed the amount of the tie bid.</para>
          <para num="(iv)">Once filed, bids are irrevocable.</para>
          <para num="(v)">Any recommendation that is made by any municipal agency to the Board of Estimates as to the appropriate award to be made by the Board is advisory only and not binding on the Board.</para>
          <para num="(vi)">Notwithstanding the competitive bid provisions of this Charter, the Board of Estimates may adopt rules and regulations that establish uniform procedures for providing, on a neighborhood service, neighborhood public work, or neighborhood public improvement contract, limited bid preferences to responsive and responsible bidders who are residents of, or have their principal places of business in, that neighborhood.</para>
        </para>
        <para num="(2)">
          <para num="(i)">All bids for construction contracts let for the Department of Public Works, the Department of General Services, and the Department of Transportation and any other contracts for public works shall be accompanied by a check or bid bond.  For all other contracts, the Director of Finance shall implement policies and procedures to determine whether a bid bond is required for a contract, the term and face value of the bond, and the manner in which the bond shall be provided and refunded.</para>
          <para num="(ii)">Except as otherwise provided in this paragraph (2), the check shall be a certified check of the bidder, a bank cashier’s check, or a bank treasurer’s check, drawn on a clearing house bank.  The check shall be in an amount provided by ordinance, by the bid specifications, or by an order or regulation of the using agency.  In the case of bid checks of $5,000 or less, the check may be of any type drawn on any banking institution of the United States.</para>
          <para num="(iii)">The bid bond shall be in the form and amount provided by the rules and regulations of the Board of Estimates, and shall be filed by the bidder with the Department of Finance.</para>
        </para>
        <para num="(3)">
          <para num="(i)">The successful bidder promptly shall execute a formal contract, to be approved as to its form, terms, and conditions by the City Solicitor.</para>
          <para num="(ii)">For all construction contracts let for the Department of Public Works, the Department of General Services, and the Department of Transportation and any other contracts for public works , the bidder shall execute and deliver to the Mayor a good and sufficient performance bond, irrevocable letter of credit, or certification that the successful bidder meets the requirements under the City’s self-insurance program for performance coverage.  For all other contracts, the Director of Finance shall implement policies and procedures to determine whether a performance bond is required for a contract, the term and face value of the bond, and the manner in which the bond shall be provided.</para>
          <para num="(iii)">The bond, letter of credit, or certification shall be:<para num="1.">in an amount equal to the full contract price;  or</para>
            <para num="2.">for each year in a multi-year contract (other than a construction contract), in an amount equal to the estimated contract price for that year, as determined by the Director of Finance.</para>
          </para>
          <para num="(iv)">Any successful bidder who fails to execute promptly and properly the required contract, performance bond, irrevocable letter of credit, or certification, as applicable, shall forfeit the amount deposited, or an equivalent amount under the bid bond.  This amount shall be taken and considered as liquidated damages and not as penalty for the bidder’s failure.</para>
        </para>
        <para num="(4)">When the successful bidder executes the contract and, if required, the performance bond, the bid checks shall be returned to all bidders or the equivalent amounts charged against their bid bond shall be released.  If the City has deposited bid checks, the City shall reimburse these bidders in the amounts of the bid checks.</para>
        <para num="(5)">If a bidder is not required to file a bid bond under the policies and procedures adopted by the Director of Finance and the bidder  fails to execute and perform any contract awarded to that bidder, the exempted bidder shall forfeit the right to bid on any future City contract for a period of time determined by the Board of Estimates, and shall be liable for any costs incurred by the City as a result of the default.</para>
      </para>
      <para num="(i)" heading="Local, small, and disadvantaged business enterprise programs.">The Mayor and City Council may, by ordinance, establish programs that grant purchasing preferences to local, small, or disadvantaged businesses and, for that purpose, waive or modify the application of &lt;cite data-path="VI|§11"&gt;this section&lt;/cite&gt; (with the exception of subsection (a)) to certain transactions.</para>
      <annotation type="History">Res. 07-031, ratified Nov. 6, 2007</annotation>
      <annotation type="History">Res. 10-024, ratified Nov. 2, 2010</annotation>
      <annotation type="History">Res. 16-030, ratified Nov. 8, 2016</annotation>
      <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
      <annotation type="Editor's Notes">Initial threshold amounts were set by Board of Estimates Resolution adopted December 22, 2010, as follows:  § 11(c), which requires formal advertisements, applies to procurements involving expenditures of more than $50,000.  § 11(f), which requires contracts to be approved by the Board of Estimates, applies to contracts involving expenditures of more than $25,000.</annotation>
    </section>
    <section prefix="§" num="12" heading="Salary and wage scales; Work conditions.">
      <para num="(a)" heading="In general.">
        <para num="(1)">The Board shall fix the salary or wage scales for the several classifications of the City employee in the Classified Civil Service, and such scales, so far as practicable, shall be uniform for all like classifications except that where a final decision of a board of arbitration convened to arbitrate unresolved negotiations between the City and the certified employee organization representing the fire fighters and fire officers has been rendered in any year, the amounts as determined shall be adopted by the Board of Estimates as the salary and wage scales for employees of the Fire Department.</para>
        <para num="(2)">The Board shall also adopt such rules and regulations as it may deem appropriate to insure, so far as practicable, like working conditions for the employees in the several municipal agencies, including vacation and sick leave.</para>
      </para>
      <para num="(b)" heading="Multi-year collective bargaining agreements.">
        <para num="(1)">The Board of Estimates may approve a collective bargaining agreement between the City and one or more of the Baltimore Fire Fighters, IAFF Local 734, the Baltimore Fire Officers, IAFF Local 964, the American Federation of State, County and Municipal Employees, AFL-CIO, Council 67 (AFSCME Locals 44, 558, and 2202), the City Union of Baltimore, and the Baltimore City Lodge No. 3, Fraternal Order of Police, Inc., Units I and II, for a term of not less than 1 fiscal year and not more than 3 consecutive fiscal years, so long as the term of the collective bargaining agreement does not extend beyond the fiscal year in which the current Mayor’s term of office ends.</para>
        <para num="(2)">The Board shall annually include in the Ordinance of Estimates submitted to the City Council an amount sufficient to fund the salaries provided for in any collective bargaining agreement between the City and the local unions listed in paragraph (1) of this subsection.</para>
      </para>
      <annotation type="History">Res. 06-016, ratified Nov. 7, 2006</annotation>
      <annotation type="History">Res. 14-014, ratified Nov. 4, 2014</annotation>
      <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
    </section>
    <section prefix="§" num="13" heading="Command appearance of municipal officers.">
      <text>The Board shall have power at any time to summon before it the heads of departments and their respective bureaus or divisions, all municipal officers, and members of commissions, and boards.</text>
    </section>
    <section prefix="§" num="14" heading="Bonds of municipal officers.">
      <text>Except as otherwise provided by State law, the Board of Estimates shall determine which officials of the City shall be bonded for the faithful performance of their duties and the form and amount of such bonds.  All premiums on official bonds shall be paid by the City.  All bonds executed in favor of the City shall be approved by the Mayor.</text>
    </section>
    <section prefix="§" num="15" heading="Claims against or by City.">
      <text>No private claims against the City shall be paid nor shall any claims held by the City be compromised or released except in accordance with procedures established by the Board of Estimates.  Nothing contained in &lt;cite data-path="VI|§15"&gt;this section&lt;/cite&gt; shall be held to apply to claims against the City or held by the City in any case where, by the express terms of any contract, an engineer, architect or other agent or representative of the City is authorized to decide as to such claims.</text>
    </section>
    <section prefix="§" num="16" heading="Salaries of State’s Attorney’s Office.">
      <text>The Board of Estimates is hereby authorized and empowered to fix the salaries of the State’s Attorney, the Deputy State’s Attorney, and Assistant State’s Attorneys of Baltimore City, in amounts not less than those prescribed by &lt;cite data-doc="Md. Const."&gt;the Constitution of Maryland&lt;/cite&gt;.</text>
    </section>
    <section prefix="§" num="17" heading="Expenditures for new improvements.">
      <text>Except as provided in &lt;cite data-path="VII|§61"&gt;Section 61 of Article VII&lt;/cite&gt;, no expenditure for any new improvement shall be made out of any appropriation in the Ordinance of Estimates unless the plans for such improvement are first submitted to and approved by the Board of Estimates.</text>
    </section>
    <section prefix="§" num="18" heading="Water, sanitary wastewater, and stormwater utilities.">
      <para num="(a)" heading="To be separate enterprises.">
        <para num="(1)">Water, sanitary wastewater, and stormwater utilities each shall be conducted as a separate enterprise.</para>
        <para num="(2)">Each of the utilities shall be financially self-sustaining and shall be operated without profit or loss to the other funds or programs of the City.</para>
      </para>
      <para num="(b)" heading="Utility budgets; Agency budget estimates.">
        <para num="(1)">Separate budgets, which shall include estimates of revenue and expense for the ensuing fiscal year, shall be prepared annually for the water, sanitary wastewater, and stormwater utilities.   The actions of the Board of Estimates and the City Council on the utilities’ budgets are subject to &lt;cite data-path="VI|§18"&gt;this section&lt;/cite&gt;.</para>
        <para num="(2)">The budget estimates of each agency of the City shall include items for the use of services provided by the water, sanitary wastewater, and stormwater utilities, as applicable.</para>
      </para>
      <para num="(c)" heading="Interfund and other borrowing.">Nothing in &lt;cite data-path="VI|§18"&gt;this section&lt;/cite&gt; prevents the following, if otherwise in accordance with law:<para num="(1)">interfund cash borrowings between the water, sanitary wastewater, and stormwater utilities to meet temporary cash requirements; or</para>
        <para num="(2)">borrowings by these utilities from the General Fund or any other fund of the City.</para>
      </para>
      <para num="(d)" heading="Transfer of employees.">Nothing in &lt;cite data-path="VI|§18"&gt;this section&lt;/cite&gt; prevents:<para num="(1)">the transfer or assignment of employees from one utility to another utility or to any department, board, commission, or agency of the City; or</para>
        <para num="(2)">the division of employees’ time among the utilities or between a utility and any department, board, commission, or agency of the City.</para>
      </para>
      <para num="(e)" heading="Supplemental legislation.">The Mayor and City Council may enact, from time to time, ordinances not inconsistent with this Charter, as necessary or desirable to implement the provisions of &lt;cite data-path="VI|§18"&gt;this section&lt;/cite&gt;.</para>
      <annotation type="History">Res. 12-004, ratified Nov. 6, 2012</annotation>
    </section>
  </container>
  <container prefix="Article" num="VII" heading="Executive Departments">
    <container prefix="" num="" heading="General Provisions">
      <section prefix="§" num="1" heading="General provisions: Executive power; Rules and regulations.">
        <para num="(a)" heading="Executive power of City.">Except as committed to the Board of Estimates, the executive power of the City is vested in the Mayor, the City Administrator, the departments, commissions and boards provided for in &lt;cite data-path="VII"&gt;this article&lt;/cite&gt; and the special officers, departments, commissions and boards that may be created by law.</para>
        <para num="(b)" heading="Rulemaking authority.">Subject to the approval of the City Administrator, departments acting through their directors, and commissions and boards, may adopt rules and regulations, not inconsistent with laws or ordinances, for the operation of their respective departments, commissions and boards as they may deem appropriate.</para>
        <annotation type="History">Res. 20-026, ratified Nov. 3, 2020, eff. July 1, 2021</annotation>
        <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
      </section>
      <section prefix="§" num="2" heading="General provisions: Powers and duties; Contracts.">
        <para num="(a)" heading="Powers and duties prescribed by ordinance.">Consistent with the Charter, and subject to the supervision of a superior municipal officer or agency, a department, officer, commission, board or other municipal agency provided for in the Charter shall perform additional duties and possess additional powers, as may be prescribed by ordinance.</para>
        <para num="(b)" heading="Execution of contracts.">All contracts on behalf of a municipal agency shall be executed on behalf of the City either by the Mayor, the City Administrator, or the head of the agency.</para>
        <annotation type="History">Res. 20-026, ratified Nov. 3, 2020, eff. July 1, 2021</annotation>
      </section>
      <section prefix="§" num="3" heading="General provisions: Bureaus and divisions.">
        <para num="(a)" heading="Establishment or abolishment.">
          <para num="(1)">With the approval of the Board of Estimates, the City Administrator may establish and abolish bureaus and divisions within that &lt;em&gt;{any municipal} &lt;/em&gt;department, commission, or board &lt;em&gt;{(except as otherwise provided for the Department of Public Works)}&lt;/em&gt;.</para>
          <para num="(2)">Bureaus in the Department of Public Works shall be established or abolished from time to time by an ordinance which shall have been recommended to the City Council by the Board of Estimates and shall have been duly passed by the City Council by a majority vote of its members and shall have been approved by the Mayor.</para>
        </para>
        <para num="(b)" heading="Allocation of powers and duties.">Subject to the authority of the Board of Estimates, the City Administrator or the head of any department, commission, or board may assign among the bureaus or divisions in that department, commission, or board, duties and powers of that department, commission, or board.  A board or commission may act under this subsection only by the majority vote of its membership.</para>
        <annotation type="History">Res. 20-026, ratified Nov. 3, 2020, eff. July 1, 2021</annotation>
      </section>
      <section prefix="§" num="4" heading="General provisions: Members of boards and commissions.">
        <para num="(a)" heading="Removal for nonattendance.">The Mayor, at will, may remove any member of a board or commission who shall fail to attend at least fifty percent of the meetings of that board or commission during any period of twelve consecutive months.</para>
        <para num="(b)" heading="Qualifications.">A member shall be qualified by personal background, education or experience to exercise the powers and perform the duties of the board or commission.</para>
        <para num="(c)" heading="Compensation.">Members of boards and commissions established by the Charter shall not receive compensation unless it is authorized by the Charter.</para>
      </section>
      <section prefix="§" num="4.5" reserved="true" />
    </container>
    <container prefix="" num="" heading="Department of Finance">
      <section prefix="§" num="5" heading="Department of Finance: Established.">
        <text>There is a Department of Finance, the head of which shall be the Director of Finance.</text>
      </section>
      <section prefix="§" num="6" heading="Department of Finance: Director.">
        <para num="(a)" heading="Duties; Qualifications.">The Director of Finance shall supervise and direct the Department.  The Director shall have substantial experience in financial administration.</para>
        <para num="(b)" heading="Appointment; Term.">The Director shall be appointed, must be confirmed, and shall serve, pursuant to &lt;cite data-path="IV|§6"&gt;Article IV, Section 6&lt;/cite&gt;.</para>
        <para num="(c)" heading="Salary.">The Director’s salary shall be set in the Ordinance of Estimates.</para>
      </section>
      <section prefix="§" num="7" heading="Department of Finance: Deputy Director; Employees.">
        <para num="(a)" heading="Deputy – Appointment.">The Director shall appoint a Deputy Director of Finance pursuant to &lt;cite data-path="VII|§7"&gt;this section&lt;/cite&gt;.</para>
        <para num="(b)" heading="Deputy – As Acting Director.">Whenever a vacancy shall occur in the office of Director, or whenever the Director shall be incapacitated or otherwise unavailable for duty for any cause, the Deputy Director appointed pursuant to &lt;cite data-path="VII|§7"&gt;this section&lt;/cite&gt; shall be the Acting Director.</para>
        <para num="(c)" heading="Other employees.">The Director may appoint such other employees as provided in the Ordinance of Estimates.</para>
      </section>
      <section prefix="§" num="8" heading="Department of Finance: Budget preparation.">
        <text>In accordance with rules established by the Board of Estimates, the Department shall prepare the preliminary operating budget for the consideration of the Board of Estimates, shall make reports and recommendations on the capital budget and capital improvement program, and shall otherwise participate in the making of the proposed Ordinance of Estimates.</text>
        <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
      </section>
      <section prefix="§" num="9" heading="Department of Finance: Budget administration.">
        <text>Under the direction of the Board of Estimates, the Director shall implement the Ordinance of Estimates.  In the interest of economy and efficiency, the Director shall survey the administration and organization of municipal agencies to support the Director’s recommendations to the Board of Estimates on the budget requests of the agencies and the Director’s reports to the Mayor on measures which might be taken to improve the organization and administration of City government.</text>
      </section>
      <section prefix="§" num="10" heading="Department of Finance: Disbursements related to salary or compensation.">
        <text>The Department shall have general supervision and charge over all payments and disbursements made by the City and related to salary or compensation earned by municipal officers or employees of the City and no such payment or disbursement may be made by the City without the approval of the Department.</text>
        <annotation type="History">Res. 22-005, ratified Nov. 8, 2022</annotation>
      </section>
      <section prefix="§" num="11" heading="Department of Finance: Accounting.">
        <para num="(a)" heading="In general.">
          <para num="(1)">The Department shall keep all general accounts of the City, prepare the City’s financial statements, and maintain an adequate system of accounting that, at all times, reflects the actual financial condition of the City resulting from income accrued and liabilities incurred, property owned, and funded obligations, estimated revenue and authorized appropriations, cash received and disbursed, among other factors.  The Department shall also maintain complete physical and cost records of all property owned by the City, including perpetual inventory records itemizing materials and supplies on hand.</para>
          <para num="(2)">The Comptroller shall provide the necessary information to the Director at the frequency and in the format required by the Director, to enable the Director to perform the duties of the Department under &lt;cite data-path="VII|§11"&gt;this section&lt;/cite&gt;.</para>
        </para>
        <para num="(b)" heading="Agency oversight.">The Department shall supervise and direct the accounting and bookkeeping of all municipal agencies.  After consulting with the City Auditor, the Director shall install, maintain and prescribe the accounts and financial records that municipal agencies must keep to assure proper accounting.  The accounting methods that the Director prescribes and uses shall prevent, where possible, unnecessary and unlawful expenditures.</para>
        <para num="(c)" heading="Submissions.">On a monthly basis, the Director shall submit general operating statements to the Board of Estimates and the Board of Finance.  At least once annually, the Director shall submit to both these boards financial statements that include total municipal income and expenses and the City’s assets and liabilities.</para>
        <annotation type="History">Res. 22-005, ratified Nov. 8, 2022</annotation>
      </section>
      <section prefix="§" num="12" heading="Department of Finance: Collections, deposits, withdrawals, etc.">
        <para num="(a)" heading="In general.">The Director shall receive, collect, and account for all moneys due the City and deposit these moneys in depositories selected by the Board of Finance.</para>
        <para num="(b)" heading="Withdrawals.">The Director shall approve the withdrawal of City moneys from their depositories for the purpose of paying salaries or other compensation earned by municipal officers or employees of the City.</para>
        <para num="(c)" heading="Required signatures for checks.">
          <para num="(1)" heading="In general.">Unless otherwise provided by this Charter or City law, all checks of the City made by the City and related to salary or compensation earned by municipal officers or employees of the City shall be signed by the Director or Deputy Director, and counter-signed by the Mayor, and by a person in the Department of Finance designated by the Director to sign as disbursing officer; such designation shall be made in writing by the Director and filed with all banks on which such checks are drawn.  Any signature on checks of the City may be manual or facsimile.</para>
          <para num="(2)" heading="Form of signature.">Any signature on checks of the City may be manual fascimile.</para>
        </para>
        <para num="(d)" heading="Local and state taxes.">
          <para num="(1)" heading="Collection of taxes.">In addition to collecting all taxes and assessments levied or made by the City, the Director shall collect such State taxes and perform such other duties for the State as may be prescribed by law.  The salary provided the Director in the Ordinance of Estimates shall include compensation for collecting State taxes and such other duties as the Director may perform for the State.</para>
          <para num="(2)" heading="Tax bills.">After the levy of the full rate property tax has been made, the Director shall prepare the tax bills and shall have them ready for payment by the taxpayers on the first day of the fiscal year for which the levy is made or as soon thereafter as is possible.  To encourage the payment of taxes prior to the date on which they become in arrears, the Department shall allow such discounts upon payment prior to such date as may be provided by law.</para>
        </para>
        <para num="(e)" />
        <annotation type="History">Res. 00-010, ratified November 2000</annotation>
        <annotation type="History">Res. 22-005, ratified Nov. 8, 2022</annotation>
      </section>
      <section prefix="§" num="13" heading="Department of Finance: Lien records.">
        <para num="(a)" heading="Keeping records; Issuing lien certificates.">The Department shall keep a record of all municipal charges and assessments and shall provide for the issuance of a lien certificate stating whether any, and, if so, what municipal charges or assessments exist against any particular property.  The Department shall make such charge for the issuance of a lien certificate as may be fixed by the Board of Estimates.</para>
        <para num="(b)" heading="Contents of certificates; Charges constitute liens.">A lien certificate shall show all charges and assessments of every character due the City, including State and City taxes and special paving tax, water and sewer billings, street benefit assessments, minor privilege charges, charges for street, alley and footway paving, sewerage connections, nuisance abatements and other charges.  All of the charges and assessments shall be liens, until paid, against the property named in the lien certificate; provided that no then existing charge shall be a lien against a property after the issuance of a lien certificate for that property unless that charge be shown on the lien certificate.</para>
        <para num="(c)" heading="Tax lien records.">The Department shall maintain at all times tax lien records that record tax liens and all other municipal liens.  The tax lien records shall show the location of the property, the character of the liens against the property, and the amount of the liens as of the date of recording.  After a lien shall have been recorded in the tax lien records, it shall remain a lien until paid and no statute of limitations shall operate as a bar to the collection of the lien.</para>
      </section>
      <section prefix="§" num="14" heading="Department of Finance: Notices of lien.">
        <text>The Director shall provide notice of a lien to a property owner as provided by law.</text>
      </section>
      <section prefix="§" num="15" heading="Department of Finance: Distraint or levy for taxes.">
        <para num="(a)" heading="Good or chattels – Notice of proposed sale.">Whenever the Director shall distrain or levy upon any goods or chattels in Baltimore City for nonpayment of any taxes, state or municipal, due by the owner thereof, before making sale of property so distrained or levied upon, the Director shall give notice as required by law, including notice by advertisement published twice a week for one week prior to the day of sale, and also on the day of sale, in three of the daily newspapers published in the City, that the Director will sell for cash, at public auction, to the highest bidder, on the day and at the time and place mentioned in the advertisement, the property therein specified, unless on or before the day of sale the entire amount of taxes for which such distraint or levy shall have been made, with interest thereon, and costs of making the levy and advertisement, shall be paid.</para>
        <para num="(b)" heading="Goods or chattels – Application of proceeds.">Whenever the Director shall sell any goods or chattels levied or distrained upon for taxes, state or municipal, in Baltimore City, after due advertisement as required in the preceding paragraph, the Director shall retain out of the proceeds of sale the amount of taxes due from the delinquent, for which the levy or distraint shall have been made, with interest thereon, and all costs incurred in making the sale, and shall pay over the surplus, if any, to the owner of the property so levied upon and sold.</para>
        <para num="(c)" heading="Other sales.">All other sales of real or personal property, or interests therein, for nonpayment of taxes or other charges shall be conducted by such persons and in such manner as may be prescribed by law.</para>
      </section>
      <section prefix="§" num="16" heading="Department of Finance: Taxes as personal debt and lien.">
        <text>All taxes and charges in the nature of taxes shall be the personal debt of the person against whom they are charged and recoverable as such, and shall also become a lien against the property assessed in the manner and to the extent provided by law.</text>
      </section>
      <section prefix="§" num="17" heading="Department of Finance: Purchasing.">
        <para num="(a)" heading="Central purchasing system.">The City shall have a centralized purchasing system, and the Department of Finance and all other municipal agencies shall cooperate fully to obtain the maximum benefits from this system.</para>
        <para num="(b)" heading="Department to procure or approve procurement; Competitive bidding.">
          <para num="(1)" heading="Procurement.">The Department shall procure, by purchase, lease or other acquisition, or shall approve the procurement of, all materials, supplies, and equipment, and all services, other than professional services, that municipal agencies use (“using agencies”).</para>
          <para num="(2)" heading="Competitive bidding.">The Department shall ensure that competitive bidding is used, and competitive prices are obtained, in purchasing these materials, supplies, equipment and services, to the fullest practicable extent.</para>
        </para>
        <para num="(c)" heading="Standards; Rules and regulations.">
          <para num="(1)" heading="Standards.">Subject to the approval of the Board of Estimates, the Department shall adopt standards that prescribe when, and the manner and form in which, using agencies will submit estimates of their procurement needs, make requisitions, and enter into contracts.</para>
          <para num="(2)" heading="Rules and regulations.">In cooperation with the using agencies, the Department shall adopt rules and regulations for materials, supplies, equipment, and services required by the using agencies.</para>
        </para>
        <para num="(d)" heading="Responsibility for storing, distributing, etc.">Unless special exception is made by resolution of the Board of Estimates, the Department shall be responsible for disposing of and reclaiming materials, supplies, and equipment purchased for municipal agencies.</para>
        <para num="(e)" heading="Exceptions.">
          <para num="(1)" heading="Public works.">Unless otherwise provided by the Board of Estimates, nothing in &lt;cite data-path="VII|§17"&gt;this section&lt;/cite&gt; shall be construed to apply to public works done under contract, to records and briefs printed for the Department of Law, or to professional services.</para>
          <para num="(2)" heading="Accounts payable.">Matters of payments and disbursements related to procurement shall be managed by the Department of Accounts Payable in accordance with &lt;cite data-path="V|§13"&gt;Article V, § 13&lt;/cite&gt; {“Department of Accounts Payable - General powers and duties.”}.</para>
        </para>
        <para num="(f)" heading="Board of Estimates to settle agency disputes.">In the event of a disagreement between departments, the Board of Estimates shall determine whether a proposed procurement is for public works, materials, supplies, equipment, services or professional services.</para>
        <annotation type="History">Res. 10-024, ratified Nov. 2, 2010</annotation>
        <annotation type="History">Res. 22-005, ratified Nov. 8, 2022</annotation>
        <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
      </section>
      <section prefix="§" num="18" heading="Department of Finance: Registrar of debt; Custodian of funds and securities; Keeper of Seal.">
        <para num="(a)" heading="Registrar of debt; Custodian of funds and securities.">The Director shall be the registrar of the public debt and responsible for all moneys and securities belonging to the City including the actuarial retirement systems and shall provide for the safekeeping and transfer of stocks, bonds, and securities owned or held by the City or any agency thereof, provided, however, that the designation of depository institutions shall be as set forth in &lt;cite data-path="VII|§21|(b)"&gt;Article VII, Section 21(b)&lt;/cite&gt;.
To help the Director discharge the Director’s duties as custodian of the moneys and securities of the actuarial retirement systems of the City, the administrators of those systems shall provide the Director with the financial information and assurances that he may request.  The Director, acting under the supervision of the Board of Estimates, may contract with banks or trust companies that have appropriate charter authority to be custodians of cash and securities of the retirement systems. The Director shall have no personal liability for the performance, lack of performance, misfeasance or malfeasance of a bank or trust company so selected.</para>
        <para num="(b)" heading="Securities; Advancements.">The Director shall perform such duties relating to the stocks, bonds, and other evidences of indebtedness or securities issued by the City as may be directed by the Board of Finance.  In exercising powers as the custodian of the moneys of the City, the Director may advance funds in the Director’s custody for the discharge of obligations incurred in connection with projects for which bond issues of the City have been approved and moneys therefor appropriated, prior to the issuance of the bonds; provided that repayment of any advances shall be made out of the proceeds of sale of the bond issue concerned.</para>
        <para num="(c)" heading="Keeper of City Seal.">The Director or the Director’s delegate, designated in writing by the Director, shall have charge of the corporate seal of the City and shall use it in all cases where the use of the seal is required by federal or State laws, ordinances, or the uses and customs of nations, and shall charge a fee as may be fixed from time to time by the Board of Estimates for each impression of the seal except such as shall be affixed to or impressed upon documents for the City.</para>
      </section>
    </container>
    <container prefix="" num="" heading="Board of Finance">
      <section prefix="§" num="19" heading="Board of Finance: Established.">
        <text>There is a Board of Finance, which shall advise the Department and exercise those powers and perform those duties provided by law.</text>
      </section>
      <section prefix="§" num="20" heading="Board of Finance: Composition.">
        <para num="(a)" heading="Members; Salary.">The Board shall consist of five members: the Mayor, Comptroller, and three members who shall be appointed, must be confirmed, and shall serve, pursuant to &lt;cite data-path="IV|§6"&gt;Article IV, Section 6&lt;/cite&gt;.
City officials serving on the Board shall not receive any additional salary for such membership.</para>
        <para num="(b)" heading="President; Mayor’s designee.">The Mayor shall serve as the President of the Board.
The Mayor may designate a representative to represent the Mayor in the Mayor’s absence.  In that event, the Board’s Vice President shall exercise the powers of the Board President.</para>
        <para num="(c)" heading="Clerk.">The Board shall designate a clerk to the Board who shall keep its accounts and a record of its proceedings.</para>
      </section>
      <section prefix="§" num="21" heading="Board of Finance: Powers and duties.">
        <para num="(a)" heading="Evidences of indebtedness.">The Board, as authorized by law, shall issue and sell certificates of indebtedness of the City and shall determine all matters pertaining to the issuance and sale of certificates of indebtedness.  Unless otherwise provided by ordinance, the Mayor and the Director or Deputy Director of Finance shall sign all certificates or other evidence of indebtedness of the City.</para>
        <para num="(b)" heading="Depositories of City funds.">The Board, shall select, from institutions that are chartered by the United States or Maryland, have authority to hold money on deposit, and are appropriately collateralized and insured, a depository or depositories for the funds of the City.  The Board may designate, one or more of these depositories as institutions at which taxes and charges may be paid and receipts therefor on behalf of the Department may be given; and the Board shall fix the nature, amount, and the proper custodian of the security to be given by any such institution for the faithful performance of its obligations for deposits or collections.</para>
        <para num="(c)" heading="Temporary loans.">No temporary loan shall be made by the City except upon the authorization of the Board, consistent with the Charter.  Upon the authorization of such a loan, the Board is empowered to authorize the issue of negotiable, or non-negotiable, obligations of the City, including promissory notes.</para>
        <para num="(d)" heading="Sinking funds; Other duties.">The Board shall have charge, control and custody of all sinking funds of the City, and shall perform such other duties as shall be prescribed by the Charter or by ordinance.</para>
      </section>
    </container>
    <container prefix="" num="" heading="Department of Law">
      <section prefix="§" num="22" heading="Department of Law: Established.">
        <text>There is a Department of Law, the head of which shall be the City Solicitor.</text>
      </section>
      <section prefix="§" num="23" heading="Department of Law: City Solicitor.">
        <para num="(a)" heading="Head of Department; Qualifications.">The City Solicitor shall supervise and direct the Department.
The City Solicitor shall be a member of the Maryland Bar, who has practiced the profession of law for not less than ten years.</para>
        <para num="(b)" heading="Appointment; Term.">The City Solicitor shall be appointed, must be confirmed, and shall serve, pursuant to &lt;cite data-path="IV|§6"&gt;Article IV, Section 6&lt;/cite&gt;.</para>
        <para num="(c)" heading="Salary.">The City Solicitor’s salary shall be set in the Ordinance of Estimates.</para>
      </section>
      <section prefix="§" num="24" heading="Department of Law: Powers and duties.">
        <para num="(a)" heading="Legal advisor.">The City Solicitor shall be the legal adviser and representative of the City and its several departments, officers, commissions, boards and authorities, and shall have general supervision and direction of the legal business of the City.  Except as provided in subsection (c), no such agency or officer or any authority created in connection with municipal affairs shall have authority to employ or retain counsel other than the City Solicitor.</para>
        <para num="(b)" heading="Legal proceedings; Opinions and advice; Deeds, contracts, etc.">The City Solicitor shall have sole charge and direction of the preparation and trial of all suits, actions and proceedings of every kind to which the City, or any municipal officer or agency, shall be a party.
The City Solicitor shall give advice and opinions in writing upon any legal questions affecting the interest of the City which may be submitted in writing by the Mayor or the City Council, or any committee thereof, or the head of any municipal agency.
All deeds, bonds, contracts, releases and other legal instruments involving the interest of the City or to be executed or approved by the Mayor or other officer of the City before they are executed or accepted, shall be submitted to the City Solicitor and have endorsed upon them the City Solicitor’s opinion as to their legal sufficiency.
The City Solicitor shall keep copies of all written opinions furnished by the Department of Law to the City or to any department or officer thereof, and also of all abstracts of title furnished to the City by the Department of Law.</para>
        <para num="(c)" heading="Outside counsel.">
          <para num="(1)">The City Council, Comptroller and, with the approval of the Mayor, a department, commission, board or other authority, may select outside counsel to represent it if:<para num="(i)">the City Solicitor gives it written notice that representation of it by the Department of Law involves an irreconcilable conflict of interest; and</para>
            <para num="(ii)">the Board of Estimates authorizes the employment of outside counsel.</para>
          </para>
          <para num="(2)">The City Council also may employ legal counsel as provided in &lt;cite data-path="III|§15"&gt;Article III, § 15&lt;/cite&gt; of this Charter.</para>
        </para>
        <annotation type="History">Res. 13-013, ratified Nov. 4, 2014</annotation>
      </section>
      <section prefix="§" num="25" heading="Department of Law: Staff; Other assistance.">
        <para num="(a)" heading="Deputy; Other employees.">The City Solicitor shall appoint a Deputy City Solicitor pursuant to &lt;cite data-path="VII|§25"&gt;this section&lt;/cite&gt; and such employees as provided in the Ordinance of Estimates.
Whenever a vacancy shall occur in the office of City Solicitor, or whenever the City Solicitor shall be incapacitated or otherwise unavailable for duty for any cause, the Deputy City Solicitor appointed pursuant to &lt;cite data-path="VII|§25"&gt;this section&lt;/cite&gt; shall be the acting City Solicitor, until the City Solicitor is again available for duty or the vacancy is filled.</para>
        <para num="(b)" heading="Additional assistance.">In connection with the examination of titles on behalf of the City or the representation of a City agency, the City Solicitor may employ, out of the funds appropriated by the Ordinance of Estimates to the Department for general expenses, or out of the proceeds of loans or other sums appropriated by the City, such assistance as the City Solicitor may deem advisable.</para>
      </section>
      <section prefix="§" num="26" heading="Department of Law: Suits; Appeals.">
        <text>The City Solicitor shall have authority to institute, defend or discontinue on behalf of the City, any suit, action, or proceeding in any local, State or federal court or tribunal, but no appeals on behalf of the City to the Court of Appeals, the Supreme Court of the United States, or the United States Court of Appeals shall be taken except upon the written order of the City Solicitor, or outside counsel employed pursuant to Section 24(c), approved by the Mayor.</text>
      </section>
    </container>
    <container prefix="" num="" heading="Department of Public Works">
      <section prefix="§" num="27" heading="Department of Public Works: Established.">
        <text>There is a Department of Public Works, the head of which shall be the Director of Public Works.</text>
      </section>
      <section prefix="§" num="28" heading="Department of Public Works: Director.">
        <para num="(a)" heading="Head of Department; Qualifications.">The Director of Public Works shall supervise and direct the Department.
The Director shall have had substantial administrative experience in the construction and maintenance of public works, public improvements and the delivery of related public services or ten years experience as an engineer.</para>
        <para num="(b)" heading="Appointment; Term.">The Director shall be appointed, must be confirmed, and shall serve, pursuant to &lt;cite data-path="IV|§6"&gt;Article IV, Section 6&lt;/cite&gt;.</para>
        <para num="(c)" heading="Salary.">The Director’s salary shall be set in the Ordinance of Estimates.</para>
      </section>
      <section prefix="§" num="29" heading="Department of Public Works: Staff.">
        <para num="(a)" heading="Deputy; Other employees.">The Director shall appoint a Deputy Director pursuant to &lt;cite data-path="VII|§29"&gt;this section&lt;/cite&gt; and such employees as provided in the Ordinance of Estimates, provided, however, that bureau heads in the Department of Public Works shall be appointed by the Mayor in the manner prescribed in &lt;cite data-path="IV|§6"&gt;Section 6 of Article IV&lt;/cite&gt; and shall hold their offices as therein provided.</para>
        <para num="(b)" heading="Deputy as Acting Director.">Whenever a vacancy shall occur in the office of Director or whenever the Director shall be incapacitated or otherwise unavailable for duty for any cause, the Deputy Director shall be the Acting Director, until the Director is again available for duty or the vacancy is filled.</para>
      </section>
      <section prefix="§" num="30" heading="Department of Public Works: Supervision of public works.">
        <text>The Director shall supervise all public works in Baltimore City or elsewhere, made by or for the City or any municipal agency, that relate to the Department’s powers under this Charter.  All plans and specifications for these public works, including those involving engineering questions, shall be submitted to the Director for approval.</text>
        <annotation type="History">Res. 08-003, ratified Nov. 4, 2008</annotation>
      </section>
      <section prefix="§" num="31" heading="Department of Public Works: Construction, maintenance, and repair.">
        <text>Unless otherwise provided by this Charter, the Department has charge of the construction, demolition, alteration, operation and maintenance of all public works that relate to the Department’s powers under this Charter.</text>
        <annotation type="History">Res. 08-003, ratified Nov. 4, 2008</annotation>
      </section>
      <section prefix="§" num="32" reserved="true" />
      <section prefix="§" num="33" heading="Department of Public Works: Water supply.">
        <text>The Department shall have charge of the water supply of the City and of all the properties, reservoirs, streams, pumping and filtration stations, pipes, apparatus and equipment appurtenant thereto and shall exercise all the powers and perform all the duties connected with the operation thereof and the supplying of water to the City.</text>
      </section>
      <section prefix="§" num="34" heading="Department of Public Works: Sewage.">
        <text>The Department shall have charge of the construction, operation and maintenance of all drains, sewers, and sewage disposal facilities, of the inspection or supervision of sewer or drain construction and repair work, and of waste disposal.</text>
      </section>
      <section prefix="§" num="35" heading="Department of Public Works: Street cleaning.">
        <text>The Department shall be responsible for cleaning the streets and for the collection, disposal and recycling of garbage, ashes, refuse, trash, and other waste matter, except as otherwise provided by law.</text>
      </section>
      <section prefix="§" num="36" reserved="true" />
      <section prefix="§" num="37" heading="Department of Public Works: Testing.">
        <text>At the request of a municipal agency, the Department shall test materials and supplies purchased or used by the agency.</text>
        <annotation type="History">Res. 08-003, ratified Nov. 4, 2008</annotation>
      </section>
      <section prefix="§" num="38 to 40" reserved="true" />
      <section prefix="§" num="41" heading="Department of Public Works: Correcting physical obstruction.">
        <para num="(a)" heading="Correction required.">Any person who has, in, over, or under a public street in Baltimore City, any building, structure, conduit, drain, main, pipe, track, work, or other physical obstruction that blocks or impedes the work of the Department shall, on reasonable notice from the Department, promptly shift, adjust, or remove it, at that person’s expense, to fully meet the exigencies described in the notice.</para>
        <para num="(b)" heading="Condemnation.">The City is empowered, when the exigencies of the Department’s work require, to secure the condemnation of the physical obstruction as provided in &lt;cite data-path="II"&gt;Article II&lt;/cite&gt; of this Charter.</para>
        <annotation type="History">Res. 08-003, ratified Nov. 4, 2008</annotation>
      </section>
      <section prefix="§" num="42" heading="Department of Public Works: Assistance to other agencies.">
        <text>On the request of the head of a municipal agency, the Director shall:</text>
        <para num="(1)">supply estimates of the cost of work proposed to be done for that agency during the next fiscal year; and</para>
        <para num="(2)">perform services for the municipal agency of the same general character as those carried on by the Department, the cost of which shall be charged to the agency requesting the services and shall be paid out of the funds appropriated to it.</para>
        <annotation type="History">Res. 08-003, ratified Nov. 4, 2008</annotation>
      </section>
      <section prefix="§" num="43 to 46" reserved="true" />
    </container>
    <container prefix="" num="" heading="Fire Department">
      <section prefix="§" num="47" heading="Fire Department: Established.">
        <text>There is a Fire Department, the head of which shall be the Chief.</text>
      </section>
      <section prefix="§" num="48" heading="Fire Department: Chief.">
        <para num="(a)" heading="Head of Department.">The Chief of the Fire Department shall supervise and direct the Department.</para>
        <para num="(b)" heading="Appointment; Term.">The Chief shall be appointed, must be confirmed, and shall serve, pursuant to &lt;cite data-path="IV|§6"&gt;Article IV, Section 6&lt;/cite&gt;.</para>
        <para num="(c)" heading="Salary.">The Chief shall be paid a salary as provided in the Ordinance of Estimates.</para>
        <para num="(d)" heading="Staff.">The Chief may appoint such employees as provided in the Ordinance of Estimates.</para>
      </section>
      <section prefix="§" num="49" heading="Fire Department: Board of Fire Commissioners – Established.">
        <text>There is a Board of Fire Commissioners, which shall advise the Chief and exercise those powers and perform those duties provided by the Charter.</text>
      </section>
      <section prefix="§" num="50" heading="Fire Department: Board of Fire Commissioners – Composition; Appointment; Terms.">
        <para num="(a)" heading="In general.">The Board shall consist of three persons, which number may be increased by ordinance to five, who shall be appointed, must be confirmed, and shall serve pursuant to &lt;cite data-path="IV|§6"&gt;Article IV, Section 6&lt;/cite&gt;.</para>
        <para num="(b)" heading="President.">The Mayor shall designate one member of the Board as its President and may withdraw such designation and so designate another member.</para>
      </section>
      <section prefix="§" num="51" heading="Fire Department: Board of Fire Commissioners – Powers and duties.">
        <para num="(a)" heading="Advise Chief.">The Board generally shall advise the Chief.</para>
        <para num="(b)" heading="Review disciplinary policies.">The Board shall review the disciplinary policies and practices of the Department and make appropriate recommendations to the Chief.</para>
        <para num="(c)" heading="Investigations of Department conduct.">In giving advice, the Board may investigate all matters affecting the conduct of the Department.</para>
        <para num="(d)" heading="Appeal panels.">The Board may sit in panels of not less than two to hear appeals under the Fire Prevention Code.</para>
      </section>
      <section prefix="§" num="52" heading="Fire Department: Board of Fire Commissioners – Retirement of employees.">
        <text>As to employees not covered by the Employees’ Retirement System or the Fire and Police Employees’ Retirement System of the City, the Board may retire from office in the Department any permanent or call member thereof who has become permanently disabled, while in the actual performance of duties, from risks taken in the performance of those duties and not due to any wilful misconduct on the member’s part, or who has performed faithful service in the Department for a period of not less than twenty consecutive years, or who may become unable to perform further service by reason of age or other physical or mental disabilities, and place the member so retired upon a pension roll.  The amount of such annual pension to be allowed by the Board to each pensioner shall be equal to one-half the yearly salary received by members of the Department in active service in the same grade or occupying the same position as, or position most similar to, that occupied by the pensioner at the time of his retirement, payable in monthly installments.  The Board may also provide for the relief of widows and children of members of the Department who may have been killed in the discharge of their duties or have died as a result of injuries sustained in the performance of their duties, provided that the injuries were caused solely by risks taken in the performance of their duties and not due to the wilful misconduct of the deceased.</text>
        <text>The annual amount which shall be paid to the widows and/or to the children under the age of 18 years, of members of the Department who may have been killed in the discharge of their duties or have died as a result of injuries sustained in the performance of their duties shall be in the discretion of the Board, but shall not exceed the full amount of the yearly salary received by members of the Department in active service in the same grade and occupying the same position as, or position most similar to, that occupied by the deceased at the time of his death, payable in monthly installments.</text>
        <text>The Board may also provide for the relief of unremarried widows, by marriages existing at the time of retirement or death, of employees of the Department who are not members of the Employees’ Retirement System or the Fire and Police Employees’ Retirement System who die, whether death occurs before or after their retirement, subject to the Ordinance of Estimates.  The annual amount which shall be paid to such widow of such a deceased member shall not exceed fifty per centum (50%) of the yearly pension to which such deceased member would have been entitled to receive had that member lived and been retired under the provisions of &lt;cite data-path="VII|§52"&gt;this section&lt;/cite&gt;.</text>
        <text>The City Council may provide by ordinance a system of benefits payable to the unremarried widows and children under age 18 of persons who were employees or retired employees of the Department who were not members of the Employees’ Retirement System or the Fire and Police Employees’ Retirement System and who died or retired prior to June 7, 1963, subject to such exceptions, conditions, restrictions and classifications as may be provided therein.</text>
      </section>
      <section prefix="§" num="53" heading="Fire Department: Arbitration for fire fighters and officers.">
        <para num="(a)" heading="Request for arbitration.">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.</para>
        <para num="(b)" heading="Board of arbitration – Selection; Proceedings generally.">The board of arbitration shall be composed of three members, one appointed by the Mayor, and one appointed jointly by the certified employee organizations representing the fire fighters and fire officers involved.  These members shall be selected within four days of the request for arbitration.  The third member shall be selected within four additional days by the two 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 seven days after the chairman is selected and shall make its decision, by a majority vote, within fifteen days after the commencement of the arbitration proceedings.  For good cause the chairman may extend the time requirement set forth herein.</para>
        <para num="(c)" heading="Submission of last proposals.">Within three 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.</para>
        <para num="(d)" heading="Considerations.">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.</para>
        <para num="(e)" heading="Oaths, subpoenas, etc.">The board of arbitration shall have the power to administer oaths, compel the attendance of witnesses, and require the production of evidence by subpoena.</para>
        <para num="(f)" heading="Decision – In general.">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 &lt;cite data-path="VII|§53"&gt;this section&lt;/cite&gt;.</para>
        <para num="(g)" heading="Decision – Implementation.">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 matters 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 forty-five 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 &lt;cite data-path="VI|§4|(a)"&gt;Article VI, Section 4(a)&lt;/cite&gt;, shall not be reduced by the City Council in accordance with &lt;cite data-path="VI|§7|(a)"&gt;Article VI, Section 7(a)&lt;/cite&gt;, and shall be adopted by the Board of Estimates as the salary and wage scales for employees of the Fire Department in accordance with &lt;cite data-path="VI|§12"&gt;Section 12 of Article VI&lt;/cite&gt;.</para>
        <para num="(h)" heading="Costs.">The cost of the arbitration proceedings provided for herein shall be borne equally by the parties involved.</para>
      </section>
    </container>
    <container prefix="" num="" heading="Department of Health">
      <section prefix="§" num="54" heading="Department of Health: Established.">
        <text>There is a Department of Health, the head of which shall be the Commissioner of Health.</text>
      </section>
      <section prefix="§" num="55" heading="Department of Health: Commissioner.">
        <para num="(a)" heading="Head of Department; Qualifications.">The Commissioner of Health shall supervise and direct the Department.
The Commissioner shall have at least five years experience in public health work.</para>
        <para num="(b)" heading="Appointment; Term.">The Commissioner shall be appointed, must be confirmed, and shall serve, pursuant to &lt;cite data-path="IV|§6"&gt;Article IV, Section 6&lt;/cite&gt;.</para>
        <para num="(c)" heading="Salary.">The Commissioner shall be paid a salary as provided in the Ordinance of Estimates.</para>
        <para num="(d)" heading="Staff.">The Commissioner may appoint such employees as provided in the Ordinance of Estimates.</para>
      </section>
      <section prefix="§" num="56" heading="Department of Health: Powers and duties.">
        <text>The Department shall:</text>
        <para num="(a)">cause all laws for the preservation of the health of the inhabitants of Baltimore City to be faithfully executed and exercise those other powers and perform those other duties that are prescribed by law.</para>
        <para num="(b)">establish and implement policy for the treatment and prevention of physical and mental illnesses and for the education of the public with respect to environmental, physical and mental health.</para>
        <para num="(c)">have general care of, and responsibility for, the study and prevention of disease, epidemics, and nuisances affecting public health.</para>
      </section>
    </container>
    <container prefix="" num="" heading="Department of Social Services">
      <section prefix="§" num="57" heading="Department of Social Services: Established; Powers and duties.">
        <text>There is a Department of Social Services, the head of which shall be the Director of Social Services.</text>
        <text>The Director shall be appointed pursuant to, and shall exercise those powers and perform those duties prescribed by law.</text>
      </section>
      <section prefix="§" num="58" heading="Department of Social Services: Social Services Commission.">
        <para num="(a)" heading="Established.">There is a Social Services Commission.</para>
        <para num="(b)" heading="Powers and duties.">The Commission has the powers and duties prescribed by law.</para>
        <para num="(c)" heading="Composition; Appointment; Terms.">The Commission shall be composed of at least 9 but no more than 13 members, as specified from time to time by Ordinance of the Mayor and City Council.</para>
        <annotation type="History">Res. 02-033, ratified Nov. 5, 2002</annotation>
      </section>
    </container>
    <container prefix="" num="" heading="Department of Education">
      <section prefix="§" num="59" heading="Department of Education: Established.">
        <text>There is a Department of Education, the head of which shall be a Board of School Commissioners.</text>
      </section>
      <section prefix="§" num="60" heading="Department of Education: Board of School Commissioners – Established, composition, etc.">
        <para num="(a)" heading="Composition; Appointment; Terms.">The Board of School Commissioners shall consist of nine persons, who shall be appointed, must be confirmed, and shall serve, pursuant to &lt;cite data-path="IV|§6"&gt;Article IV, Section 6&lt;/cite&gt;.
The terms of five members shall expire on the last day of the year in which the term of the Mayor begins pursuant to &lt;cite data-path="IV|§1"&gt;Article IV, Section 1&lt;/cite&gt;, and the four year terms of four members shall expire two years thereafter.</para>
        <para num="(b)" heading="President.">The Mayor shall designate one member of the Board as its President, and may withdraw such designation and so designate another member.</para>
        <para num="(c)" heading="Member qualifications.">The members of the Board shall be registered voters and residents of Baltimore City at the time, and during the term of their appointment.</para>
        <para num="(d)" heading="Political and religious ties disregarded.">Notwithstanding &lt;cite data-path="IV|§8"&gt;Article IV, Section 8&lt;/cite&gt;, in the selection of the members of the Board and in their actions in the administration of the public schools, ecclesiastical and party ties shall not be regarded, so that the public schools may be entirely out of the field of political and religious differences and controversies.</para>
      </section>
      <section prefix="§" num="61" heading="Department of Education: Board of School Commissioners – Powers and duties.">
        <para num="(a)" heading="Educational policies; Budget.">The Board shall determine educational policy for the Department, provide forums at which residents of Baltimore City can express their views about educational policy and decision making, submit the annual budget for the Department of Education, and exercise the other powers and perform the other duties prescribed by law.</para>
        <para num="(b)" heading="Superintendent.">Within 120 days of a vacancy in the position of Superintendent of Public Instruction, the Board, by a majority vote of its members, shall provide to the Mayor a list of candidates for the position.  The Mayor shall select the Superintendent from the list.  If the Board fails to provide a list within the 120 day period, the Mayor may select the Superintendent in the Mayor’s discretion.
The Superintendent must be confirmed by the City Council pursuant to &lt;cite data-path="IV|§6|(a)"&gt;Article IV, Section 6(a)&lt;/cite&gt;.  The Mayor, after consulting with the Board, may suspend, demote or dismiss the Superintendent at pleasure.</para>
        <para num="(c)" heading="Assistant Superintendents.">Upon nomination by the Superintendent, the Board may appoint such Assistant Superintendents as it shall deem necessary and advisable.  Upon recommendation of the Superintendent, the Board, at pleasure, may suspend, demote or dismiss an Assistant Superintendent.</para>
        <para num="(d)" heading="Other professional employees.">The Board shall confirm or reject all nominations of principals, teachers, supervisors, directors, and other professional employees made to it by the Superintendent in accordance with the rules of the Board.
Professional employees include teachers, personnel concerned with the supervision, administration, and direction of the educational program and related services, other employees whose positions require a knowledge of and participation in the educational program, and any other employee considered a professional employee under State law.
The Board shall not confirm the appointment of any teacher whose name does not appear upon a graded list hereinafter provided for.
Any principal, teacher or other professional employee, below the rank of Assistant Superintendent, may be suspended, demoted or dismissed only for the reasons, and pursuant to the procedures, prescribed by State law.</para>
        <para num="(e)" heading="Other employees.">All secretaries, clerks and employees, other than professional employees, shall be appointed and may be suspended, demoted or dismissed by the Superintendent in accordance with the provisions of the Charter relating to the Civil Service.</para>
        <para num="(f)" heading="Site selection, school buildings, etc.">
          <para num="(1)">Subject to the provisions of this Charter relating to the Planning Commission, the Board has the authority to select sites.</para>
          <para num="(2)">All plans and specifications for school buildings, including changes in plans and specifications, shall be prepared under the direction of and approved by the Board.  However, the plans and specifications shall also be submitted to the Director of General Services for the Director’s approval.</para>
          <para num="(3)">The Board also has the authority to maintain and repair all school buildings.</para>
        </para>
        <para num="(g)" heading="Education supplies and equipment.">The Board shall determine the specifications for all educational supplies and equipment used by the Department, and all purchases for the Department shall be made by the Department of Finance in accordance with the procedure provided in &lt;cite data-path="VI"&gt;Article VI&lt;/cite&gt;; provided, however, that all tests of samples and analyses of bids for educational supplies shall be made by the Department of Education and a report thereon made by it to the Department of Finance.</para>
        <para num="(h)" heading="Transportation.">The Board shall have charge of the transportation of pupils, the maintenance and operation of the vehicles and equipment used for such purposes and the care, storage and distribution of supplies and equipment used by the Department of Education.</para>
        <annotation type="History">Res. 08-003, ratified Nov. 4, 2008</annotation>
      </section>
      <section prefix="§" num="62" heading="Department of Education: Superintendent.">
        <text>The Superintendent shall advise the Board, make recommendations to the Board about educational policy, implement educational policy that is set by the Board, and direct and supervise the Department of Education.</text>
      </section>
      <section prefix="§" num="63" heading="Department of Education: Budget; Salaries.">
        <para num="(a)" heading="Budget.">In preparing its estimate of requirements for each fiscal year, the Board shall submit an estimate of its requirements during the ensuing year in the forms required by the Board of Estimates.  Except with respect to salaries, provision for which is made in the next paragraph, the Board shall have the power to apply the funds appropriated for each of the above designated purposes among the several items making up to the total of the appropriation for that purpose, as it may determine.</para>
        <para num="(b)" heading="Salaries.">The salaries of the superintendents, assistant superintendents, directors, supervisors, assistant supervisors, principals, assistant principals, teachers, secretaries, clerks and employees shall be fixed by the Board, not to exceed in the aggregate the amount appropriated for such personnel in the Ordinance of Estimates; provided, however, that salaries of classified employees, whose classification is common to departments other than the Department of Education, shall not be fixed at a higher rate than is fixed for the same classification in other City departments, except with the approval of the Board of Estimates.
The Board, in submitting its budget each year, shall also include a maximum compensation scale for superintendents, assistant superintendents, directors, supervisors, assistant supervisors, principals, assistant principals, teachers and all other employees except those whose classification is common to departments other than the Department of Education, and no increase above the maximum scale shall be made during the ensuing year without the approval of the Board of Estimates.</para>
      </section>
      <section prefix="§" num="64" heading="Department of Education: Graded lists; Employee duties.">
        <text>The Board shall prescribe rules and regulations for the establishment by the Superintendent of graded lists of those qualified for employment as teachers and for the submission of these graded lists to the Board as vacancies occur.  The names of those qualified for appointment as teachers shall be placed on the graded lists in the order of their relative qualifications, as ascertained by the Superintendent by competitive examinations.</text>
        <text>All rules and regulations relative to the classification of professional employees and the establishment of graded lists shall be filed as a public record with the Department of Legislative Reference and no change in or amendment to these rules and regulations shall become effective until thirty days after such filing.</text>
        <text>The superintendents, assistant superintendents, directors, supervisors, assistant supervisors, principals, assistant principals, teachers, secretaries, clerks and other employees shall perform such duties as may be prescribed by the Board not inconsistent with the provisions of the Charter.</text>
      </section>
    </container>
    <container prefix="" num="" heading="Department of Recreation and Parks">
      <section prefix="§" num="65" heading="Department of Recreation and Parks: Established.">
        <text>There is a Department of Recreation and Parks, the head of which shall be the Director of Recreation and Parks.</text>
      </section>
      <section prefix="§" num="66" heading="Department of Recreation and Parks: Director – Appointment, etc.">
        <para num="(a)" heading="Head of Department; Qualifications.">The Director shall supervise and direct the Department.
The Director shall be qualified by personal background, education and experience to establish, maintain and operate parks and recreational facilities.</para>
        <para num="(b)" heading="Appointment; Term.">The Director shall be appointed, must be confirmed, and shall serve, pursuant to &lt;cite data-path="IV|§6"&gt;Article IV, Section 6&lt;/cite&gt;.</para>
        <para num="(c)" heading="Salary.">The Director’s salary shall be set in the Ordinance of Estimates.</para>
        <para num="(d)" heading="Staff.">The Director may appoint such employees as provided in the Ordinance of Estimates.</para>
      </section>
      <section prefix="§" num="67" heading="Department of Recreation and Parks: Director – Powers and duties.">
        <text>The Director of Recreation and Parks shall have the following powers and duties:</text>
        <para num="(a)">subject to the provisions of &lt;cite data-path="V"&gt;Article V&lt;/cite&gt; relating to the acquisition and disposition of real property, to establish, maintain, operate and control parks, zoos, squares, athletic and recreational facilities and activities for the people of Baltimore City, and to have charge and control of all such property and activities belonging to, or conducted by, the City;</para>
        <para num="(b)">to provide concerts, symphonies and other musical entertainment for the people of Baltimore City;</para>
        <para num="(c)">to provide for the protection and maintenance of all monuments belonging to the City;</para>
        <para num="(d)">subject to the provisions of &lt;cite data-path="V"&gt;Article V&lt;/cite&gt; relating to the acquisition and disposition of real property, to rent for department use buildings and other places suitable for the conduct of the activities of the Department.  The Director is hereby authorized and empowered, with the consent of any other municipal agency, to organize and conduct play and recreational activities on grounds and in buildings under the control of such other agency and on such conditions as may be agreed to by such other agency.</para>
        <para num="(e)">to charge and collect fees for admission, services and the use of facilities, and rentals for the use of property controlled by the Department; provided, that no lease of such facilities shall be made for a period of thirty days or more (or for successive periods aggregating thirty days or more) without the prior approval of the Board of Estimates.  All moneys collected by the Department shall be accounted for as the Director of Finance prescribes.</para>
        <para num="(f)">to adopt and enforce rules and regulations for the management, use, government and preservation of order with respect to all land, property, and activities under the control of the Department.  To carry out such regulations, fines may be imposed for breaches of the rules and regulations as provided by law.</para>
        <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
      </section>
      <section prefix="§" num="68" heading="Department of Recreation and Parks: Board – Established; Duties.">
        <text>There is a Board of Recreation and Parks, which shall advise the Director and exercise those other powers and perform those other duties prescribed by law.</text>
      </section>
      <section prefix="§" num="69" heading="Department of Recreation and Parks: Board – Composition; Appointment; Terms.">
        <para num="(a)" heading="In general.">The Board shall consist of seven members, who shall be appointed from among those deemed most capable, by reason of character, education, intelligence, experience, and commitment to conservation and environmental protection, of promoting public recreation, parks, and music for the people of Baltimore City.  The members must be confirmed, and shall serve, pursuant to &lt;cite data-path="IV|§6"&gt;Article IV, Section 6&lt;/cite&gt;.</para>
        <para num="(b)" heading="President.">The Mayor shall designate one member of the Board as its president and may withdraw that designation and so designate another member.</para>
      </section>
    </container>
    <container prefix="" num="" heading="Department of Planning">
      <section prefix="§" num="70" heading="Department of Planning: Established.">
        <text>There is a Department of Planning, the head of which shall be the Planning Commission.</text>
      </section>
      <section prefix="§" num="71" heading="Department of Planning: Commission – Composition; Appointment; Terms.">
        <para num="(a)" heading="In general.">The Planning Commission shall consist of nine members,
one of whom shall be the Director of Public Works ex officio,
one of whom shall be the Mayor of the City ex officio, and
one of whom shall be a member of the City Council ex officio, who shall be elected by that body, and
six of whom shall be appointed, must be confirmed, and shall serve, pursuant to &lt;cite data-path="IV|§6"&gt;Article IV, Section 6&lt;/cite&gt;.
The terms of three appointed members shall expire on the last day of the year in which the term of the Mayor begins pursuant to &lt;cite data-path="IV|§1"&gt;Article IV, Section 1&lt;/cite&gt;, and the four year terms of three appointed members shall expire two years thereafter.</para>
        <para num="(b)" heading="President.">The Mayor shall designate one appointed member of the Commission as its President, and may withdraw such designation and so designate another appointed member.</para>
        <para num="(c)" heading="Designees of Mayor, Public Works Director.">The Mayor may designate a municipal officer or member of the Mayor’s personal staff to attend meetings of the Commission and to vote thereon in the Mayor’s place, and the Director of Public Works may delegate an employee in that department to attend any meeting of the Commission and to vote in the Director’s place.</para>
        <para num="(d)" heading="Salaries.">Compensation for each of the members of the Commission, excluding those serving ex officio, except the member of the City Council, shall be set in the Ordinance of Estimates.</para>
        <para num="(e)" heading="Qualifications.">Each member of the Commission shall be a resident and registered voter at the time, and during the term, of appointment.</para>
      </section>
      <section prefix="§" num="72" heading="Department of Planning: Commission – Powers and duties.">
        <text>The Planning Commission:</text>
        <para num="(a)">shall adopt rules and regulations to exercise the powers and perform the duties of the Department.</para>
        <para num="(b)">shall meet regularly as the Commission may determine, and hold special meetings at the call of the President or upon the written request of three members.</para>
        <para num="(c)">shall hold hearings at the Commission’s discretion or upon the written request of any member of the City Council.</para>
        <para num="(d)">may, at its hearings, administer oaths and compel the attendance of witnesses.</para>
        <para num="(e)">shall keep minutes of its proceedings and maintain a public record of its decisions, showing the vote of each member.</para>
        <para num="(f)">shall investigate and study land uses, the development of subdivisions of land, and zoning within the City of Baltimore.</para>
        <para num="(g)">shall adopt and revise a master plan for the proposed physical development of Baltimore City.</para>
        <para num="(h)">before adopting or revising the master plan, shall hold a public hearing, reasonable notice of which shall be given in the neighborhood of the properties affected and by publication in a newspaper of general circulation in Baltimore City.</para>
        <para num="(i)">shall consider, and may approve, if they are consistent with the master plan, among other things:<para num="1.">development plans</para>
          <para num="2.">an enterprise or public or private improvement that requires a permit</para>
          <para num="3.">urban renewal plans</para>
          <para num="4.">plans for the subdivision and consolidation of public and private parcels of land.</para>
        </para>
        <para num="(j)">shall submit for the consideration of the Board of Estimates a recommended capital budget for inclusion in the Ordinance of Estimates, a recommended long-range capital improvement program, and a report explaining both, all of which shall be made public.</para>
        <para num="(k)">shall issue a report and recommendation, which shall state the nature of the investigation made by the Commission, whether hearings were held thereon, reasons for the recommendation, and the number of members voting for or against it:<para num="1.">on every proposed amendment to the Baltimore City Zoning Ordinance referred to it; and</para>
          <para num="2.">on the creation of, and proposed amendments to, an urban renewal plan.</para>
        </para>
        <para num="(l)">may report and submit to the City Council amendments to the Baltimore City Zoning Ordinance.  Any such amendment shall be submitted only by resolution, adopted by the affirmative vote of two-thirds of the entire membership of the Commission.</para>
        <para num="(m)">shall have reasonable access, through its agents and employees, to the plats and records of all other municipal agencies of the City and, subject to the approval of the Board of Estimates, may require the assistance of any other municipal agency of the City.</para>
        <para num="(n)">may take such other actions, subject to the provisions of this Charter and law, that it deems necessary and appropriate to assure that development is well-planned, efficiently coordinated by the City, and consistent with the health, order, security, safety and morals of the inhabitants of Baltimore City, as well as the aesthetic and natural environment of the City.</para>
        <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
      </section>
      <section prefix="§" num="73" heading="Department of Planning: Director and staff.">
        <para num="(a)" heading="Director – Appointment; Term.">The Mayor shall appoint a Director from a list of candidates provided by the Commission.  If, within 120 days of a vacancy in the position of Director, the Commission fails, by a majority vote of its members, to provide such a list to the Mayor, the Mayor may select the Director in the Mayor’s discretion.
The Director must be confirmed by the City Council pursuant to &lt;cite data-path="IV|§6|(a)"&gt;Article IV, Section 6(a)&lt;/cite&gt;. The Mayor, after consulting with the Commission, may suspend, demote or dismiss the Director.</para>
        <para num="(b)" heading="Staff.">The Commission shall also appoint such other employees (including part time consultants) for the conduct of the office of the Commission, as may be provided for in the Ordinance of Estimates.</para>
        <para num="(c)" heading="Director – Qualifications.">The Director shall be qualified by personal background, education and experience to advance the development and planning of Baltimore City.</para>
        <para num="(d)" heading="Director – Salary.">The Director’s salary shall be set in the Ordinance of Estimates.</para>
      </section>
      <section prefix="§" num="74" heading="Department of Planning: Master Plan.">
        <para num="(a)" heading="Purpose.">The Master Plan shall be made for the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of Baltimore City to promote the health, order, security, safety, and morals of its inhabitants, and to preserve and enhance the aesthetic and natural environment of the City.</para>
        <para num="(b)" heading="Scope.">The Master Plan may consist of a series of component plans.
It shall show, among other things, the future general location and extent of all public improvements and enterprises, including among other things, the general location and extent of streets, highways, boulevards, viaducts, bridges, subways, tunnels and all uses of land for purposes of public transportation, and also the general location and extent of piers, wharves, docks and bulkheads, and buildings or structures thereon, whether publicly or privately owned or operated, and also the general location and extent of publicly owned places of recreation, such as playgrounds, squares, and parks, and all public buildings and other public property, including school buildings, and all existing and proposed zoning areas or districts, and all public utilities, services and terminals, such as water, gas, electricity, sewerage, telephone, telegraph and transportation, whether privately or publicly owned or operated.</para>
        <para num="(c)" heading="Revisions.">After the adoption of the Master Plan, or any part thereof, by the Commission, the plan may be revised only by a resolution of the Commission, carried by the affirmative vote of not less than six members of the Commission, or by ordinance adopted by the City Council by the affirmative vote of not less than three-fourths of its members.
An original copy of the revision, duly signed by the President, or by the Mayor if made by ordinance, shall be filed with the Department of Legislative Reference.</para>
        <para num="(d)" heading="Conformity with Plan required.">No public improvement or enterprise, including, among other things, streets, highways, boulevards, viaducts, bridges, subways, tunnels or other uses of land for purposes of public transportation, and piers, wharves, docks, and bulkheads, and buildings or structures thereon, whether publicly or privately owned or operated, and publicly owned places of recreation, such as playgrounds, squares or parks, and public buildings, including school buildings, and public utilities, services or terminals, including gas, water, electricity, sewerage, telephone, telegraph or transportation, whether privately or publicly owned or operated, within the scope of the Master Plan shall be authorized or constructed in Baltimore City unless the location and grade thereof and, in cases of the use of land for purposes of transportation, the width thereof, shall be in conformity with the Master Plan and have been first approved by the Commission.</para>
      </section>
      <section prefix="§" num="75" heading="Department of Planning: Subdivisions – In general.">
        <text>The Commission shall publish rules and regulations for the development of subdivisions which will require that development plans include adequate provision for all public improvements, enterprises and all public utilities, whether privately or publicly owned or operated; for the proper width, grade and arrangement of streets, and all uses of land for public transportation, and the relation thereof to existing streets; for adequate and convenient open spaces for traffic and the access of fire fighting apparatus; for proper drainage; and which will require that all such subdivisions and the owners thereof comply in all respects with the Master Plan.</text>
        <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
      </section>
      <section prefix="§" num="76" heading="Department of Planning: Subdivisions – Definition.">
        <text>A subdivision plan shall mean a plan submitted by the owner of not less than one-third of the land included therein showing one or more new streets or parks, or showing the division of a lot, tract or parcel of land into two or more lots, tracts or parcels, or other divisions of land for the purpose, whether immediate or future, of sale or building development.</text>
      </section>
      <section prefix="§" num="77" heading="Department of Planning: Subdivisions – Approvals.">
        <para num="(a)" heading="Commission approval required.">All plans for subdivision of land shall be filed for record with the Commission, and no permits shall be issued by any department of the City for any work of any character whatsoever, to be done in such subdivision of land, until the plan thereof shall have been approved by the Commission as in conformity with the rules and regulations formulated and published by the Commission.</para>
        <para num="(b)" heading="Deadline for decision.">In the event the Commission shall fail to approve or disapprove any such subdivision plan within thirty days from the date of submission thereof to the Commission, such plan shall be deemed to have been approved by the commission unless the applicant waives this requirement and consents to an extension of such period.</para>
      </section>
      <section prefix="§" num="78" heading="Department of Planning: Subdivision regulation – Recording.">
        <text>Every plat showing a subdivision plan shall be filed among the Land Records of Baltimore City and with the Department of Legislative Reference, but not until after the plan has been endorsed with the approval of the Commission and of the Department of Transportation.</text>
        <annotation type="History">Res. 08-003, ratified Nov. 4, 2008</annotation>
        <annotation type="History">Res. 16-027, ratified Nov. 8, 2016</annotation>
      </section>
      <section prefix="§" num="79" heading="Department of Planning: Appeals.">
        <text>Any applicant for a permit who is aggrieved by any decision of the Commission may appeal as provided by law.</text>
      </section>
      <section prefix="§" num="80" heading="Department of Planning: Penalties.">
        <text>Any person who shall violate any of the provisions or requirements of Sections 71 to 80 shall be guilty of a misdemeanor, and, upon conviction in any court of competent jurisdiction, shall be fined as provided by law.  Every day that such violation continues shall be deemed a separate offense.</text>
      </section>
    </container>
    <container prefix="" num="" heading="Department of Municipal and Zoning Appeals">
      <section prefix="§" num="81" heading="Department of Municipal and Zoning Appeals: Established.">
        <text>There is a Department of Municipal and Zoning Appeals, the head of which shall be the Board of Municipal and Zoning Appeals.</text>
      </section>
      <section prefix="§" num="82" heading="Board of Municipal and Zoning Appeals: Established; Composition, etc.">
        <para num="(a)" heading="Composition, appointment, terms, qualifications.">The Board shall consist of five members, at least one of whom shall be a lawyer, who shall be appointed, must be confirmed and shall serve pursuant to &lt;cite data-path="IV|§6"&gt;Article IV, Section 6&lt;/cite&gt; and State law.
Each member of the Board shall be a registered voter and resident of the City at the time, and during the term of, appointment.</para>
        <para num="(b)" heading="President; Salaries.">The Mayor shall designate one member of the Board as its President and may withdraw that designation and so designate another member.
The salary of the President and each member of the Board shall be set in the Ordinance of Estimates.</para>
      </section>
      <section prefix="§" num="83" heading="Board of Municipal and Zoning Appeals: General powers and duties.">
        <para num="(a)" heading="Meetings; Minutes; Hearings.">The Board shall hold meetings at such times as it may by rule prescribe.  Minutes shall be kept of all its proceedings, showing those present and their vote on each question submitted.  These minutes and all other records of the Board shall be public records and kept at the office of the Board.  All hearings held by the Board or its panels shall be open to the public.</para>
        <para num="(b)" heading="Rules of proceedings.">The Board shall adopt rules for the conduct of its proceedings, which may be modified or repealed by ordinance.  The rules shall be in writing and when adopted shall be immediately filed in the office of the Board and shall be a public record.  A copy thereof (and of any amendments thereto) shall also be filed with the Department of Legislative Reference.</para>
        <para num="(c)" heading="Zoning appeals.">The Board shall sit to hear zoning appeals.  The hearing shall be conducted by all members present and if five members of the Board are present, the concurring vote of at least four members of the Board is necessary to reverse any order, requirement, decision, or determination of an administrative official, or to decide in favor of the applicant on any matter on which it is required to pass under a zoning ordinance or to effect any variation in such ordinance.  If only four members of the Board are present, the concurring vote of at least three members is necessary to take any action under this subsection.  In other cases, the Board may sit in panels of not less than two members each and, in such cases, the concurrence of at least two members shall be required to make a decision of the Board.</para>
        <para num="(d)" heading="Oaths and subpoenas.">The Board shall have power to administer oaths in hearings before it, to compel the attendance of witnesses and, pursuant to its rules, to require any person to answer in writing and under oath any interrogatories it may direct to such person as to any matter pending before it or subject to its action or review.</para>
        <para num="(e)" heading="Executive Secretary; Staff.">The Board shall appoint an Executive Secretary and such other employees as may be provided in the Ordinance of Estimates.</para>
        <para num="(f)" heading="Access to agency records.">The Board shall have access, through its agents and employees, to the plats and records of all other departments of the City.</para>
        <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
      </section>
      <section prefix="§" num="84" heading="Board of Municipal and Zoning Appeals: Zoning appeals.">
        <text>Appeals from the Zoning Commissioner shall be determined by the Board and shall be taken pursuant to law.  Upon such appeals, the Board shall have such powers and be subject to such restrictions as may be provided by law.  The Board, after public hearing, may grant special individual exceptions to the provisions of the zoning ordinances or regulations as provided by law.</text>
      </section>
      <section prefix="§" num="85" heading="Board of Municipal and Zoning Appeals: Paving assessments.">
        <para num="(a)" heading="Appeal to Board.">Whenever the Department of Transportation levies an assessment or charge for the paving of a street, alley, or sidewalk under &lt;cite data-path="VII|§116"&gt;§ 116 of this article&lt;/cite&gt;, the owner of the property on which the assessment or charge is levied may, within 30 days of the mailing to the owner of a notice of the assessment or charge, bring the assessment or charge to the Board for its review.</para>
        <para num="(b)" heading="Decision.">On reasonable notice in accordance with its rules and this Charter, the Board shall:<para num="(1)">determine whether the assessment or charge is proper; and</para>
          <para num="(2)">if not, set it at the amount that the Board determines to be proper.</para>
        </para>
        <annotation type="History">Res. 08-003, ratified Nov. 4, 2008</annotation>
      </section>
      <section prefix="§" num="86" heading="Board of Municipal and Zoning Appeals: Review powers conferred by law.">
        <text>The Board shall have such additional powers to examine, review and revise acts or rulings of other departments and officers of the City affecting the construction, alteration, use or operation of land or buildings in the City or other charges as may from time to time be conferred upon it by law, but the powers conferred upon it in the Charter shall not be diminished or abridged by ordinance, nor may the Board be given power to review or alter determinations of the Planning Commission.</text>
      </section>
      <section prefix="§" num="87" heading="Board of Municipal and Zoning Appeals: Additional powers conferred by law.">
        <text>The Board of Municipal and Zoning Appeals shall have and exercise all the rights, powers, duties, obligations and functions conferred by law upon the Board of Zoning Appeals not otherwise conferred by the Charter on other agencies of the City and not inconsistent with its provisions.</text>
      </section>
      <section prefix="§" num="88" heading="Board of Municipal and Zoning Appeals: Judicial review.">
        <text>If any person, including the City and the Planning Commission, feeling aggrieved by any decision of the Board within thirty days of a decision by the Board, appeals therefrom to the Baltimore City Circuit Court, the Board shall forthwith transmit all papers, or copies thereof, to the court, certified by its executive secretary.</text>
        <text>An appeal shall stay all proceedings in furtherance of the action appealed from.  But whenever, in the opinion of the Board, such stay would cause imminent peril to life or property, or serious public inconvenience, it may ask the Circuit Court for an order vacating such stay.  From the findings of the Circuit Court in such cases, there shall be such appeal, if any, as may be permitted by law.</text>
      </section>
      <section prefix="§" num="89" heading="Board of Municipal and Zoning Appeals: Notices; Evidence.">
        <para num="(a)" heading="Notice of decisions.">Whenever the Board shall make a decision it shall give reasonable notice thereof by mail to all parties who, from the papers or testimony before it, seem to be parties in interest.  But failure to give such notice or of a party to receive notice of an order within thirty days of its entry shall not invalidate the decision nor, save by petition to and special order of the Board, extend the time to appeal from the order.</para>
        <para num="(b)" heading="Evidence; Notices of proceedings.">Parties in interest who appear at a hearing before the Board shall be permitted to offer testimony pertinent to the issue or issues in which they are concerned, but the Board shall not be bound by the technical rules of evidence in force in the courts of Maryland, and may receive in evidence any paper, statement, record or other evidence, with or without prior notice to the parties, which it deems to be material and to have probative force.
Whatever record or notice of the proceedings or action of the Board is required by an act of the General Assembly to be given to any person or public officer shall be observed by the Board.</para>
      </section>
    </container>
    <container prefix="" num="" heading="Department of Legislative Reference">
      <section prefix="§" num="90" heading="Department of Legislative Reference:  Established.">
        <text>There is a Department of Legislative Reference, the head of which shall be the Director of Legislative Reference who shall supervise and direct the Department.</text>
        <annotation type="History">Res. 18-011, ratified Nov. 6, 2018</annotation>
      </section>
      <section prefix="§" num="91" heading="Department of Legislative Reference:  Director – Nominating Board.">
        <para num="(a)" heading="Ad hoc board.">There is a&lt;em&gt;{n ad hoc nominating}&lt;/em&gt; board of the Department of Legislative Reference, which from time to time shall be established pursuant to &lt;cite data-path="VII|§91"&gt;this section&lt;/cite&gt;.</para>
        <para num="(b)" heading="Composition of board.">
          <para num="(1)">The board shall be composed of 3 members.  The Mayor, the President of the City Council, and the Comptroller shall each appoint 1 member to the board.</para>
          <para num="(2)">The board shall be appointed without regard to political affiliation, and is not subject to the requirements of &lt;cite data-path="IV|§8"&gt;Article IV, § 8&lt;/cite&gt;. {“Minority party representation”} of this Charter.</para>
          <para num="(3)">No member of the board may be a City employee or an elected official other than a member of the judiciary.</para>
          <para num="(4)">The board shall elect a chair from among its members.</para>
        </para>
        <para num="(c)" heading="Filling a vacancy.">
          <para num="(1)">Whenever the Mayor and the President of the City Council find that the position of Director of Legislative Reference is vacant, the board shall be appointed within 6 weeks of that finding.</para>
          <para num="(2)">The board shall be responsible for all activities by which candidates to fill the vacancy are solicited, investigated, interviewed, and recommended for appointment.</para>
          <para num="(3)">The board shall recommend no less than 2, and no more than 3, candidates for appointment to the Mayor and the President of the City Council.</para>
          <para num="(4)">Upon the appointment of the Director of Legislative Reference, the board shall be deemed dissolved and its work completed.</para>
        </para>
        <annotation type="History">Res. 18-011, ratified Nov. 6, 2018</annotation>
      </section>
      <section prefix="§" num="92" heading="Department of Legislative Reference:  Director – Qualifications, Appointment, Removal, etc.">
        <para num="(a)" heading="Qualifications.">The Director shall have substantial experience in law, legislative drafting or library administration.</para>
        <para num="(b)" heading="Appointment.">Upon receipt of a recommendation by an ad hoc board of the Department of Legislative Reference pursuant to &lt;cite data-path="VII|§91|(c)"&gt;§ 91(c) of this article&lt;/cite&gt;, a Director may be appointed by the affirmative vote of both the Mayor and the President of the City Council.</para>
        <para num="(c)" heading="Removal.">The Director may be removed from office by the affirmative vote of both the Mayor and the President of the City Council.</para>
        <para num="(d)" heading="Salary.">The Director’s salary shall be set in the Ordinance of Estimates.</para>
        <annotation type="History">Res. 18-011, ratified Nov. 6, 2018</annotation>
      </section>
      <section prefix="§" num="93" heading="Department of Legislative Reference:  Director – Powers and Duties.">
        <text>The Director:</text>
        <para num="{(i)}">
            &lt;em&gt;{Legislative matters.}&lt;/em&gt;
          
shall investigate and report upon the laws of this and other states and cities relating to any subject requested by the Mayor, any committee of the City Council or the head of any department;
accumulate data in relation to the practical operation and effect of such laws;
investigate and collect all available information relating to any matter which is the subject of proposed legislation by the General Assembly of Maryland, or the City Council of Baltimore;
examine acts, ordinances and records of any state or city, and report the result thereof to the Mayor, any committee of the City Council or the head of any department requesting the same;
prepare or advise in the preparation of any bill, ordinance or resolution when requested so to do by any member of the City Council; and
preserve and collect all information obtained, carefully indexed and arranged so as to be at all times easily accessible to city officers and open to the inspection of the general public.</para>
        <para num="{(ii)}">
            &lt;em&gt;{Records and archives.}&lt;/em&gt;
          
shall keep all the books, documents, archives, records, official plats, papers and proceedings of the City except those in current use or whose custody the Board of Estimates shall by resolution otherwise direct or authorize;
carefully collect, arrange and safely keep a complete series of the ordinances, resolutions and proceedings of the City;
receive and keep all other documents pertaining to the City which the Director may deem of historic value or be instructed so to do by ordinance or by resolution of the Board of Estimates;
provide for the retention of such books, documents, papers, plats or archives in the Department, and provide for their inspection and reproduction by the public under such reasonable regulations and supervision as the Director may prescribe;
carefully prepare and keep an index of all books, papers, records and documents in the custody of the Department; and
keep a current separate index of all rules and regulations of other departments and agencies of the City.</para>
        <para num="{(iii)}">
            &lt;em&gt;{Staff.}&lt;/em&gt;
          
may appoint such employees as may be provided in the Ordinance of Estimates.</para>
        <para num="{(iv)}">
            &lt;em&gt;{Duties prescribed by law.}&lt;/em&gt;
          
perform such other duties as prescribed by law.</para>
        <annotation type="Editor's Notes">
            Resolution 18-011rewrote the preexisting §§ 90 through 93, effective January 1, 2019.  Section 3 of that Resolution, provides as follows
            [T[he Director of Legislative Reference holding office at the time the amendments to &lt;cite data-path="VII"&gt;Article VII&lt;/cite&gt;, Sections &lt;cite data-path="VII|§90"&gt;90&lt;/cite&gt;, &lt;cite data-path="VII|§91"&gt;91&lt;/cite&gt;, &lt;cite data-path="VII|§92"&gt;92&lt;/cite&gt; and &lt;cite data-path="VII|§93"&gt;93&lt;/cite&gt; become effective shall remain in the office until, pursuant to the amendments, reappointment or the appointment of a successor. 
          </annotation>
      </section>
    </container>
    <container prefix="" num="" heading="Civil Service Commission">
      <section prefix="§" num="94" heading="Civil Service Commission: Established.">
        <para num="(a)" heading="Appointment, term, qualifications.">There is a Civil Service Commission of three members who shall be appointed, must be confirmed and shall serve pursuant to &lt;cite data-path="IV|§6"&gt;Article IV, Section 6&lt;/cite&gt;.
The terms of two members shall expire on the last day of the year in which the term of the Mayor begins pursuant to &lt;cite data-path="IV|§1"&gt;Article IV, Section 1&lt;/cite&gt;, and the four year term of the third member shall expire two years thereafter.
Each member of the Commission shall be a registered voter and resident of the City at the time, and during the term, of appointment.  All appointments to the Commission shall be made from persons friendly to the merit system of appointment to office.  No one holding any public office of profit shall be appointed a member of the Commission.</para>
        <para num="(b)" heading="President.">The Mayor shall designate one member of the Commission as its President, and may withdraw that designation and so designate another member.</para>
        <para num="(c)" heading="Staff.">The Commission may appoint such employees as may be provided in the Ordinance of Estimates.</para>
      </section>
      <section prefix="§" num="95" heading="Civil Service Commission: Powers and duties.">
        <text>The Commission:</text>
        <para num="(a)">shall advise the Mayor and Director on personnel matters.</para>
        <para num="(b)">shall provide to the Mayor and City Council at least annually a report on the operations of the Commission.</para>
        <para num="(c)">shall review and approve the different groupings of positions having similar duties, responsibilities and qualifications (“classifications”) that are used by the Department.</para>
        <para num="(d)">shall promulgate and make available to the public rules governing the operation of the Commission.</para>
        <para num="(e)">shall review and approve, before they become final, and make available to the public, the rules of the Department.</para>
        <para num="(f)">shall provide a hearing, on written request, to any non-probationary member of the Civil Service who has been discharged from the Civil Service, reduced in pay or position, or suspended for longer than 30 days.  If the Commission finds that the intent and spirit of a provision of this Charter has been violated, it shall report its findings to the Mayor; and the appointing officer shall take whatever action the Commission directs to rectify the violation.</para>
        <para num="(g)">may, if it determines after appropriate investigation, that any administrative head of the City, including any commission or board, or any officer having the power of appointment and removal in the Civil Service, has abused such power by making appointments or removals for any reason other than the good of the public service, so report to the Mayor.</para>
        <para num="(h)">may appoint such hearing officers and other employees as provided in the Ordinance of Estimates.</para>
        <para num="(i)">may, in the course of hearings, administer oaths, subpoena documents, summon witnesses, and examine witnesses; and may delegate these powers to a commissioner or hearing officer.</para>
        <para num="(j)">shall render decisions within sixty days of the close of hearings unless the City employee and City both agree to an extension.  If the Commission fails to decide within the sixty day time period, the decision of the hearing officer, if there is one, shall be deemed to be the decision of the Commission.</para>
        <annotation type="History">Res. 06-017, ratified Nov. 7, 2006</annotation>
        <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
      </section>
      <section prefix="§" num="96" heading="Civil Service Commission: Department of Human Resources – Established.">
        <para num="(a)" heading="In general.">There is a Department of Human Resources.</para>
        <para num="(b)" heading="Purpose.">The Department shall:<para num="(1)">promote merit and fitness in City employment;</para>
          <para num="(2)">ensure that appointments and promotions in the City’s Civil Service are made, and that salaries are established, without regard to political affiliation; and</para>
          <para num="(3)">promote the efficient delivery of services to the public.</para>
        </para>
        <annotation type="History">Res. 04-054, ratified Nov. 2, 2004</annotation>
      </section>
      <section prefix="§" num="97" heading="Civil Service Commission: Department of Human Resources – Powers and duties.">
        <text>The Department:</text>
        <para num="(a)">shall propose and submit to the Commission for final approval rules and regulations, including rules and regulations governing probationary status, temporary and emergency appointments, classifications, reclassifications, examinations, promotions, demotions, transfers, reinstatements, discharges, and other discipline of employees.</para>
        <para num="(b)">shall propose and submit to the Commission for final approval the different classifications that are used by the Department.  Such classifications shall assure that City employees are hired and promoted based on ability, efficiency, character, and industry (“merit”); and shall encourage the recruitment, training and supervision of qualified employees.  Classifications may be grouped into categories, which may include a general category for employees who are hired or promoted based, in part, on the results of competitive or non-competitive examinations; a labor category for unskilled or skilled laborers; and other categories that the Commission may deem to be appropriate.</para>
        <para num="(c)">subject to the exceptions in Section 99, shall assign to a classification each position in the City to which appointments are made.  The Department shall not assign a position outside of the Civil Service without the approval of the Civil Service Commission.  All the classified positions shall constitute the Civil Service, and appointments to positions in the Civil Service shall be made according to the rules of the Commission.</para>
        <para num="(d)">shall provide for competitive examinations, non-competitive examinations, and other evaluative measures to assure that City employees are hired based on merit.</para>
        <para num="(e)">shall provide for competitive examinations, non-competitive examinations, and other evaluative measures, including conduct in office, demonstrated capacity, and seniority, to assure that City employees are promoted based on merit.</para>
        <para num="(f)">shall promptly certify to appointing officers lists of candidates eligible for employment within each classification.  The Commission, by rule:<para num="1.">shall determine when certifications shall include, in rank order, those persons who have performed best on competitive examinations and when certifications should include persons whose fitness has been otherwise established;</para>
          <para num="2.">shall determine when and how the appointing officer shall fill a vacancy or new position from the certifications; and</para>
          <para num="3.">may provide that honorably discharged veterans of war, including disabled veterans, may receive special credits for their service to the United States in determining the qualifications and relative standing of applicants for City positions.</para>
        </para>
        <para num="(g)">shall establish a period of probation not exceeding one year during which the appointing officer may remove the employee at pleasure.</para>
        <para num="(h)">shall propose to the Board of Estimates appropriate salaries and wages for each classification.</para>
        <para num="(i)">shall, in conjunction with the employing department, recruit, train and counsel Civil Service members.</para>
        <para num="(j)">may appoint such employees as provided in the Ordinance of Estimates.</para>
        <para num="(k)">shall administer employee benefits and pre-employment screening programs as directed by the Board of Estimates.</para>
        <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
      </section>
      <section prefix="§" num="98" heading="Civil Service Commission: Department of Human Resources – Director.">
        <para num="(a)" heading="Head of Department; Qualifications.">
          <para num="(1)">The Director of Human Resources shall supervise and direct the Department.</para>
          <para num="(2)">The Director shall have substantial experience in personnel administration.</para>
        </para>
        <para num="(b)" heading="Appointment; Term.">The Director shall be appointed, must be confirmed, and shall serve, pursuant to &lt;cite data-path="IV|§6"&gt;Article IV, Section 6&lt;/cite&gt;.</para>
        <para num="(c)" heading="Salary.">The Director shall be paid a salary as provided in the Ordinance of Estimates.</para>
        <annotation type="History">Res. 04-054, ratified Nov. 2, 2004</annotation>
      </section>
      <section prefix="§" num="99" heading="Civil Service Commission: Civil Service positions.">
        <para num="(a)" heading="Positions included.">
          <para num="1.">All employees of the City of Baltimore, except as otherwise provided by the Charter or State law, shall be members of the Civil Service, with the exception of:<para num="a.">elected officials and those employees whom the elected officials have designated as members of their personal staffs.</para>
            <para num="b.">Assistant City Solicitors.</para>
            <para num="c.">with the exception of the Director of the Department of Legislative Reference, directors, or by whatever other name the chief administrative officer may be known, and the deputy directors, of all departments of the City.</para>
            <para num="d.">all members of boards and commissions.</para>
            <para num="e.">all professional employees of the Department of Education.</para>
            <para num="f.">persons in positions of temporary or seasonal employment.</para>
            <para num="g.">persons who, in the judgment of the Civil Service Commission, exercise policy-making discretion or occupy a position of special trust and confidence that is inconsistent with membership in the Civil Service.</para>
          </para>
          <para num="2.">Any dispute about whether a position is within the Civil Service shall be finally resolved by the Commission.</para>
        </para>
        <para num="(b)" heading="Reemployment of director or deputy.">Upon leaving a position of director or deputy director, one who relinquished Civil Service status to assume that position shall, on application and with approval of the Commission, be placed on the re-employment list for his or her former classification.</para>
      </section>
      <section prefix="§" num="100" heading="Civil Service Commission: Discharges, etc.; Reductions in force.">
        <para num="(a)" heading="Discharges, suspensions, reductions in pay or position.">
          <para num="(1)">No person may be discharged from the Civil Service, reduced in pay or position, or suspended because of political opinions or affiliations, or for refusing to contribute to any political fund or refusing to render any political service.  But nothing in this Charter relating to the Civil Service forbids the discharge, reduction in pay or position, or suspension of an officer or employee for any just cause.</para>
          <para num="(2)">Whenever a non-probationary employee is discharged, reduced in pay or position, or suspended for more than 30 days, the appointing officer shall furnish a copy of the order of discharge, reduction, or suspension, together with a statement of the reasons for the action, to the employee and to the Commission.</para>
          <para num="(3)">The employee may contest the action by:<para num="(i)">requesting a hearing before the Commission; or</para>
            <para num="(ii)">initiating a grievance pursuant to an applicable grievance and arbitration procedure, if any, contained in an applicable collective bargaining agreement.</para>
          </para>
          <para num="(4)">Once an employee has chosen to contest an action by electing one of the procedures specified in paragraph (3) of this subsection, the employee is bound by that election and may not subsequently choose to follow a different procedure.</para>
          <para num="(5)">In all cases, except one in which an employee elects to contest an action through a grievance and arbitration procedure under paragraph (3)(ii) of this subsection, the Commission may, and on the written request of the employee, the Commission shall investigate the disciplinary action.  If the Commission finds that the intent and spirit of the provisions of this Charter have been violated in the discharge, reduction, or suspension, it shall report its findings to the Mayor; and the appointing officer shall take whatever action the Commission directs to rectify the violation.</para>
        </para>
        <para num="(b)" heading="Reductions in force – Reemployment preference.">Each person discharged for the purpose of reducing the force and without fault shall receive a certificate so stating and all persons so discharged shall be placed on the eligible list in the order of the length of their service in their classifications at the time of being laid off and in other classifications the civil service in which they may have served previously.  The weight to be given to length of service in their last classification and in prior classifications shall be determined in accordance with the rules of the Commission.  Persons so discharged shall have preference in the order of their seniority over others on the eligible list, subject, however, to the terms of the next subsection and to any priority to which any person may be entitled by virtue of any preference to veterans or their dependents.</para>
        <para num="(c)" heading="Reductions in force – Seasonal and part-time employees.">In the case of classes of seasonal or part-time employees the Commission, after notice and a public hearing, may adopt rules excluding them from, or limiting the application to them of, the preference contained in the preceding subsection.</para>
        <annotation type="History">Res. 06-017, ratified Nov. 7, 2006</annotation>
        <annotation type="Editor's Notes">
            Section 2 of Resolution 06-017 states
            [T]his amendment applies only to grievance and arbitration procedures that, after the effective date of this amendment, have been adopted as part of a collective bargaining agreement to apply to employees who have been discharged, reduced in pay or position, or suspended for more than 30 days.
          </annotation>
        <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
      </section>
      <section prefix="§" num="101" heading="Civil Service Commission: Roster of Service employees.">
        <para num="(a)" heading="Commission to keep; Contents.">The Commission shall keep in its office an official roster of the Civil Service, and shall enter thereon the name of every person who has been appointed, employed, promoted, reduced, transferred or reinstated in any Civil Service position.
This roster shall be open to public inspection at all reasonable hours, and shall show in connection with each name the date of appointment, employment, promotion, reduction, transfer or reinstatement and the compensation of the position, its title, the nature of the duties thereof and the date and cause of any termination of such office or employment.</para>
        <para num="(b)" heading="Reports to Commission.">It shall be the duty of each appointing officer to report to the Commission forthwith, upon the appointment or employment of any person in the Civil Service, the name of the appointee or employee, the title and character of the office or employment, the date of commencement of service, and to report the separation of a person from the service, or other change in status and other information that the Civil Service Commission may require in order to keep the roster.</para>
        <para num="(c)" heading="Salary contingent on roster listing.">It shall be unlawful, after notice from the Commission for the Department of Finance to pay any salary or compensation to any officer, clerk, employee or other person in the Civil Service whose name does not appear upon the roster as being in the employ of the City.</para>
      </section>
      <section prefix="§" num="102" heading="Civil Service Commission: Political contributions.">
        <text>No person in the Civil Service shall for any reason be under any obligation to contribute to any political fund, and no person shall knowingly, directly or indirectly, in person or by letter, request or solicit the payment of any political assessment, subscription or contribution from any person in the Civil Service.</text>
      </section>
      <section prefix="§" num="103" heading="Civil Service Commission: Abolished positions.">
        <text>Any person holding any position in the Civil Service which may be abolished by the adoption of any amendment to the Charter or in any other lawful manner, shall be placed upon the reemployment list for the classification to which the abolished position belonged in accordance with Sections 100 and 101; or if no position of the same classification as that of the position abolished shall remain in the Civil Service after the abolition of the position, the person shall be placed on the reemployment list for a position that, in the judgment of the Civil Service Commission, shall most nearly approximate the position abolished.</text>
        <text>No position shall be deemed to be abolished by reason of being transferred or placed in or under a different municipal agency without substantial change in the nature of the actual duties of the position.</text>
      </section>
      <section prefix="§" num="104" heading="Civil Service Commission: Penalties.">
        <text>Any violation of any of the provisions of the Charter relating to the Civil Service, or any willful use of any corrupt means in connection with any examination, appointment, promotion, reduction, transfer or reinstatement shall be deemed a misdemeanor and, upon conviction in a court of competent jurisdiction, shall be punished by a fine or by imprisonment as provided by law.</text>
      </section>
    </container>
    <container prefix="" num="" heading="Board of Ethics">
      <section prefix="§" num="105" heading="Board of Ethics: State Code requirements.">
        <text>The Mayor and City Council of Baltimore shall adopt ordinances to execute the provisions of “the Maryland Public Ethics Law” of the Annotated Code of Maryland to be administered by the Board of Ethics.</text>
      </section>
      <section prefix="§" num="106" heading="Board of Ethics: Established; Composition.">
        <para num="(a)" heading="Board established.">There is a Board of Ethics to be known as the Board of Ethics of Baltimore City.</para>
        <para num="(b)" heading="Composition.">The Board of Ethics shall consist of five members:<para num="(1)">Three members shall be appointed by the Mayor in conformity with &lt;cite data-path="IV|§6"&gt;Section 6 of Article IV&lt;/cite&gt; of the Charter.</para>
          <para num="(2)">
            <para num="(i)">The Mayor and the City Solicitor are members ex officio with full voting powers.</para>
            <para num="(ii)">The Mayor may designate a municipal official appointed by him under the provisions of &lt;cite data-path="IV|§6"&gt;Section 6 of Article IV&lt;/cite&gt; of the Charter to serve in his position as a member with full voting powers.</para>
            <para num="(iii)">The City Solicitor may designate a member of the Solicitor’s staff to serve in his position as a member with full voting powers.</para>
          </para>
        </para>
        <para num="(c)" heading="Term of ex officio members.">The City Solicitor and the Mayor or their designees on the Board shall only serve during the time that the Mayor or City Solicitor holds elected or appointed office.</para>
      </section>
      <section prefix="§" num="107" heading="Board of Ethics: Member qualifications.">
        <text>A person is eligible to serve as a member of the Board if:</text>
        <para num="(1)">the person is of known personal integrity;</para>
        <para num="(2)">the person possesses a recognized knowledge and interest in government and civics;</para>
        <para num="(3)">the person is not required to file as a lobbyist under &lt;cite data-path="VII"&gt;this article&lt;/cite&gt;;</para>
        <para num="(4)">except as provided in this subtitle of the Charter, the person is not an elected official, municipal officer, or municipal employee.</para>
      </section>
      <section prefix="§" num="108" heading="Board of Ethics: Term, vacancies, chair, meetings, etc.">
        <para num="(a)" heading="Terms.">
          <para num="(1)">The term of members appointed under the provision of Section 106 of this subtitle of the Charter is five years or until their successors are appointed and qualify.</para>
          <para num="(2)">The terms of initial appointees shall be arranged so that no more than one shall expire in any year.</para>
        </para>
        <para num="(b)" heading="Vacancies.">Any vacancy occurring on the Board shall be filled for the unexpired term in the same manner as the original appointment to the vacant office.</para>
        <para num="(c)" heading="Removal.">Members of the Board may be removed pursuant to the provisions of &lt;cite data-path="IV|§6"&gt;Article IV, Section 6&lt;/cite&gt; of the Charter.</para>
        <para num="(d)" heading="Chair.">The Mayor shall designate a member of the Board as chairman.</para>
        <para num="(e)" heading="Quorum.">
          <para num="(1)">A quorum consists of three members.</para>
          <para num="(2)">An affirmative vote of at least three members shall be necessary for any action of the Board.</para>
        </para>
        <para num="(f)" heading="Compensation.">The members of the Board shall serve without compensation.</para>
        <para num="(g)" heading="Open meetings.">Except as provided in &lt;cite data-path="VII"&gt;this article&lt;/cite&gt;, meetings of the Board shall be conducted under the Meetings of Public Bodies provisions of the Annotated Code of Maryland.</para>
        <para num="(h)" heading="Records.">The records of the Board shall show the vote of each member on each question.</para>
        <para num="(i)" heading="Disqualification on candidacy.">A person shall not be a member of the Board if the member becomes a candidate for elected public office of the United States, the State, the City, or any county or municipality of the State.</para>
      </section>
      <section prefix="§" num="109" heading="Board of Ethics: Powers and duties.">
        <text>Powers, duties, administration, and other provisions relating to the Board of Ethics shall be set out in the ordinances constituting the Baltimore City Ethics Law.</text>
      </section>
      <section prefix="§" num="110" heading="Chair: Powers and duties.">
        <text>The Chair of the Board of Ethics shall have exclusive authority to select at random the 11 members of the advisory board to appoint the Inspector General, as described in &lt;cite data-path="X|§2"&gt;Article X, Section 2&lt;/cite&gt; of this Charter.</text>
        <text>In the event a vacancy occurs on the advisory board, the Chair shall be authorized to fill the vacancy through the process outlined in &lt;cite data-path="X|§2"&gt;Article X, Section 2&lt;/cite&gt; of this Charter.</text>
        <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
      </section>
      <section prefix="§" num="111" heading="Board of Ethics: Modification by ordinance.">
        <text>The Mayor and City Council, by ordinance, may modify, amend, alter, clarify or implement any or all of the provisions of Sections &lt;cite data-path="VII|§105"&gt;105&lt;/cite&gt; through &lt;cite data-path="VII|§111"&gt;111&lt;/cite&gt; of &lt;cite data-path="VII"&gt;this &lt;/cite&gt;&lt;cite data-path="VII"&gt;Article VII&lt;/cite&gt;.</text>
        <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
      </section>
    </container>
    <container prefix="" num="" heading="Development Commission">
      <section prefix="§" num="111 to 113" reserved="true" />
    </container>
    <container prefix="" num="" heading="Department of Transportation">
      <section prefix="§" num="114" heading="Department established.">
        <text>There is a Department of Transportation, the head of which is the Director of Transportation.</text>
        <annotation type="History">Res. 04-056, ratified Nov. 2, 2004</annotation>
      </section>
      <section prefix="§" num="115" heading="Director of Transportation.">
        <para num="(a)" heading="Duties; Qualifications.">
          <para num="(1)">The Director shall supervise and direct the Department.</para>
          <para num="(2)">The Director must have substantial administrative experience in transportation or in the delivery of related public service.</para>
        </para>
        <para num="(b)" heading="Appointment; Term.">The Director shall be appointed, must be confirmed, and serves pursuant to &lt;cite data-path="IV|§6"&gt;Article IV, § 6&lt;/cite&gt; of this Charter.</para>
        <para num="(c)" heading="Salary.">The Director’s salary shall be set in the Ordinance of Estimates.</para>
        <para num="(d)" heading="Employees.">The Director may appoint the  employees provided for in the Ordinance of Estimates.</para>
        <annotation type="History">Res. 04-056, ratified Nov. 2, 2004</annotation>
      </section>
      <section prefix="§" num="116" heading="Powers and duties of Department.">
        <para num="(a)" heading="In general.">Notwithstanding anything to the contrary in this Charter, the Department has the following powers and duties.</para>
        <para num="(b)" heading="Street construction and maintenance.">
          <para num="(1)">The Department has charge of constructing and maintaining the streets of the City.</para>
          <para num="(2)">The Department shall:<para num="(i)">prepare the plans and perform the work required by Ordinances for opening, extending, widening, straightening, grading, and closing any street in the City; and</para>
            <para num="(ii)">prepare all Ordinances for the opening and closing of streets, attend the hearings on  those Ordinances, and perform all administrative functions related to those Ordinances.</para>
          </para>
          <para num="(3)">Before paving or repaving a street, the Director of Transportation shall give notice in one or more daily City newspapers that, not less than 90 days from the first publication date, the Department will proceed with the paving or repaving and warning all persons to obtain permits for and to complete before that day all work that might involve the digging up of the street.</para>
          <para num="(4)">The Director shall send a copy of this notice to all persons who the Director has reason to believe would be interested in receiving it, but failure to send the notice does not affect the validity of any action taken by the Mayor and the Director t pave or repave a street.</para>
          <para num="(5)">No pavement laid after the publication of the notice may be dug up by any person without a permit issued by the Director.  The Director has discretion to issue or withhold this permit, and may attach appropriate conditions and charges to the permit.</para>
          <para num="(6)">Whenever an assessment or charge is to be made against a property for paving a street, alley, or sidewalk, the Department after giving the owner of the property involved due notice and an opportunity to be heard, shall fix the amount of the assessment or charge.</para>
        </para>
        <para num="(c)" heading="Lighting.">The Department has charge of the lighting of the City.</para>
        <para num="(d)" heading="Conduit system.">The Department may exercise all the powers and shall perform all the duties relating to the conduit system, and has charge of all property and equipment pertaining to that system.</para>
        <para num="(e)" heading="Approval of new streets.">
          <para num="(1)">Any person who, in connection with any real estate development, wants to lay out, locate, or construct a street, public or private, within Baltimore City shall, before beginning construction and before selling any land abutting on the street, present to the Department a copy of the plat for the proposed development, as approved by the Planning Commission, showing in detail the proposed streets.</para>
          <para num="(2)">If the plat is approved by the Department, the person shall:<para num="(i)">record a copy of the plat, with the endorsements of the Planning Commission and the Department on it, with the Clerk of the Circuit Court of Baltimore City; and</para>
            <para num="(ii)">a certified copy of the recorded plat with the Department.</para>
          </para>
        </para>
        <para num="(f)" heading="Street names.">
          <para num="(1)">New public streets may not be designated by names until the names have been approved by the Department and entered on the appropriate plats and records of the Department.</para>
          <para num="(2)">If a private street is dedicated for public purposes and the dedication is accepted, or if the title to a private street is conveyed to the City, the Department shall give the street a name, by which it shall be known on all official records of the City.</para>
          <para num="(3)">The name of a public street may not be changed except by ordinance or resolution of the Mayor and City Council</para>
        </para>
        <para num="(g)" heading="Building numbers.">
          <para num="(1)">The Department:<para num="(i)">shall determine and fix the number of every new building; and</para>
            <para num="(ii)">may change existing numbers.</para>
          </para>
          <para num="(2)">The Department shall report each new number or change of number to the owner or occupant of the building.</para>
        </para>
        <para num="(h)" heading="Street plats and plans.">The Department shall:<para num="(1)">adopt rules and regulations regarding plats and plans relating to the location of streets; and</para>
          <para num="(2)">shall prepare these plats and plans as required by the Board of Estimates or by ordinance.</para>
        </para>
        <para num="(i)" heading="Plats and records – Underground structures.">The Department shall maintain plats and records of tunnels, pipes, mains, sewers, conduits, and other underground structures, both public and private.</para>
        <para num="(j)" heading="Plats and records – Properties.">
          <para num="(1)">The Department shall maintain adequate plats and other records of all parcels of real property within Baltimore City.</para>
          <para num="(2)">These plats and records shall include:<para num="(i)">the ownership of each parcel; and</para>
            <para num="(ii)">the symbol by which each parcel is identified.</para>
          </para>
          <para num="(3)">These plats and records shall be the official plats and records to be used by all municipal agencies to identify and determine the location of every parcel of real property within Baltimore City.</para>
        </para>
        <para num="(k)" heading="System of uniform property identification.">
          <para num="(1)">The Department shall maintain a system for the uniform identification of all real property within Baltimore City.</para>
          <para num="(2)">The system shall identify each parcel of real property by a symbol.  That symbol shall be used by every municipal agency to identify that parcel, until it is subdivided or the symbol is changed by the Department.</para>
          <para num="(3)">The failure of the Department or of any other municipal agency to identify a parcel of property by its symbol does not affect the validity of any assessment or charge otherwise properly made.</para>
        </para>
        <para num="(l)" heading="Additional powers and duties.">The Department has the additional powers and duties relating to the construction, reconstruction, and maintenance of streets, to transportation, and to traffic, including powers and duties transferred from other municipal agencies, as are prescribed by law.</para>
        <annotation type="History">Res. 04-056, ratified Nov. 2, 2004</annotation>
        <annotation type="History">Res. 08-003, ratified Nov. 4, 2008</annotation>
        <annotation type="History">Res. 14-016, ratified Nov. 4, 2014</annotation>
        <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
      </section>
      <section prefix="§" num="116A" heading="Assessment of benefits and damages.">
        <para num="(a)" heading="Elements of enabling ordinance.">An ordinance to open, extend, widen, straighten, close, or grade any street, alley, or footway in Baltimore City may provide that the benefits assessed may be paid in not more than 5 annual installments, with interest at a rate determined just and proper by the Director of Transportation, with the concurrence of the Board of Estimates, on all deferred installments, accounting from the date that, under &lt;cite data-path="VII|§116A|(e)"&gt;subsection (e) of this section&lt;/cite&gt;, the first annual installment would become in arrears if unpaid.</para>
        <para num="(b)" heading="Notice to Finance, owner.">When the physical work required by the ordinance is completed:<para num="(1)">the Department of Transportation shall notify the Director of Finance that the work has been completed; and</para>
          <para num="(2)">the Department of Finance shall give written notice to the property owner:<para num="(i)">that the work has been completed;</para>
            <para num="(ii)">that the benefits assessed for the work are due; and</para>
            <para num="(iii)">how the owner may obtain a hearing on the assessment.</para>
          </para>
        </para>
        <para num="(c)" heading="Payment for benefits.">If the ordinance does not provide otherwise, all benefits assessed shall be payable, at the option of the property owner, either at once or in 5 equal annual installments.</para>
        <para num="(d)" heading="Damages.">
          <para num="(1)">If, in any proceedings, the same person is assessed for benefits and also awarded damages, the damages shall be deducted from the benefits, and the provisions of &lt;cite data-path="VII|§116A"&gt;this section&lt;/cite&gt; as to payment of benefits apply only to the excess of the benefits over the damages.</para>
          <para num="(2)">The damages awarded to any person in connection with the project shall be payable at the time or times provided in the ordinance.</para>
          <para num="(3)">No part of any street, alley, or footway may be physically opened, extended, widened, or straightened on or over the ground of any person determined by the Department of Transportation to be entitled to damages for the alteration without the written consent of that person, unless the damages have been paid to that person or paid into a special account to the credit of that person.</para>
        </para>
        <para num="(e)" heading="Lien for benefits; Arrearage.">
          <para num="(1)">An assessment by the Department of Transportation on benefitted property is a lien on that property, in the full amount of the assessment, from the date the Department of Transportation notifies the Director of Finance that the physical work required has been completed until the assessment is paid to the Director of Finance.</para>
          <para num="(2)">Benefits assessed or, if payable in installments, the first installment, are due and payable on the date when the Director of Finance notifies the property owner of the assessment, and are in arrears 6 months from that date.</para>
        </para>
        <para num="(f)" heading="Sale on default.">If the assessment on a property is in arrears, the Director of Finance shall proceed to sell that property in accordance with and subject to the same conditions imposed by the laws governing the sale of real estate charged with the payment of City taxes.</para>
        <para num="(g)" heading="Resale on purchaser’s default.">If the tax-sale purchaser fails to comply with the terms of the sale, the Director of Finance shall resell the property at the risk of the former purchaser.</para>
        <para num="(h)" heading="Refunds of assessment.">If an ordinance providing for the opening, extending, widening, grading, or closing of a street, alley, or footway is invalidated by a court of competent jurisdiction or is repealed, the Director of Finance shall promptly:<para num="(1)">refund all assessments paid under the invalidated ordinance; and</para>
          <para num="(2)">pay all expenses incurred, including reasonable attorney’s fees, and for which the City is liable in carrying out the ordinance.</para>
        </para>
        <annotation type="History">Res. 08-003, ratified Nov. 4, 2008</annotation>
      </section>
      <section prefix="§" num="116B" heading="Correcting physical obstruction.">
        <para num="(a)" heading="Correction required.">Any person who has, in, over, or under a public street in Baltimore City, any building, structure, conduit, drain, main, pipe, track, work, or other physical obstruction that blocks or impedes the work of the Department shall, on reasonable notice from the Department, promptly shift, adjust, or remove it, at that person’s expense, to fully meet the exigencies described in the notice.</para>
        <para num="(b)" heading="Condemnation.">The City is empowered, when the exigencies of the Department’s work require, to secure the condemnation of the physical obstruction as provided in &lt;cite data-path="II"&gt;Article II&lt;/cite&gt; of this Charter.</para>
        <annotation type="History">Res. 08-003, ratified Nov. 4, 2008</annotation>
      </section>
    </container>
    <container prefix="" num="" heading="Compensation Commission for Elected Officials">
      <section prefix="§" num="117" heading="Definitions.">
        <para num="(a)" heading="In general.">In this subtitle, the following terms have the meanings indicated.</para>
        <para num="(b)" heading="Commission.">“Commission” means the Compensation Commission for Elected Officials.</para>
        <para num="(c)" heading="Compensation.">“Compensation” means all salary and allowances paid to an elected official.</para>
        <para num="(d)" heading="Elected official.">“Elected official” means:<para num="(1)">the Mayor;</para>
          <para num="(2)">the City Comptroller;</para>
          <para num="(3)">the President of the City Council; and</para>
          <para num="(4)">the Members of the City Council.</para>
        </para>
        <annotation type="History">Res. 05-009, ratified Nov. 7, 2006</annotation>
      </section>
      <section prefix="§" num="118" heading="Commission established.">
        <text>There is a Compensation Commission for Elected Officials.</text>
        <annotation type="History">Res. 05-009, ratified Nov. 7, 2006</annotation>
      </section>
      <section prefix="§" num="119" heading="Composition; Qualifications; Term.">
        <para num="(a)" heading="Composition.">The Commission comprises the following 7 members:<para num="(1)">3 members appointed by the Mayor in accordance with &lt;cite data-path="IV|§6"&gt;Article IV, § 6&lt;/cite&gt; of this Charter;</para>
          <para num="(2)">1 member appointed by the City Comptroller, subject to confirmation by the  City Council in the same manner as provided in &lt;cite data-path="IV|§6"&gt;Article IV, § 6&lt;/cite&gt; of this Charter for appointments by the Mayor; and</para>
          <para num="(3)">3 members appointed by the President of the City Council, subject to confirmation by the  City Council in the same manner as provided in &lt;cite data-path="IV|§6"&gt;Article IV, § 6&lt;/cite&gt; of this Charter for appointments by the Mayor.</para>
        </para>
        <para num="(b)" heading="City officials, employees ineligible.">No official or employee of the City may be appointed to or serve on the Commission.</para>
        <para num="(c)" heading="Term.">
          <para num="(1)">A member of the Commission serves for a term of 4 years, beginning October 1 of the second year preceding the mayoral general election, and until a successor is appointed and qualifies.</para>
          <para num="(2)">Members of the Commission are eligible for reappointment.</para>
        </para>
        <annotation type="History">Res. 05-009, ratified Nov. 7, 2006</annotation>
      </section>
      <section prefix="§" num="120" heading="Compensation; Expenses.">
        <text>Members of the Commission:</text>
        <para num="(1)">serve without compensation; but</para>
        <para num="(2)">are entitled to reimbursement of reasonable expenses incurred, as provided in the Ordinance of Estimates.</para>
        <annotation type="History">Res. 05-009, ratified Nov. 7, 2006</annotation>
      </section>
      <section prefix="§" num="121" heading="Officers.">
        <para num="(a)" heading="Chair.">The Commission shall elect a chair from among its members.</para>
        <para num="(b)" heading="Others.">The Commission may elect a Vice-Chair and other officers from among its members.</para>
        <annotation type="History">Res. 05-009, ratified Nov. 7, 2006</annotation>
      </section>
      <section prefix="§" num="122" heading="Meetings.">
        <para num="(a)" heading="Quorum.">5 members of the Commission constitute a quorum.</para>
        <para num="(b)" heading="Votes for action.">
          <para num="(1)">An affirmative vote of at least 4 members is needed for any action by the Commission.</para>
          <para num="(2)">The Commission’s records must show how each member voted on each question.</para>
        </para>
        <para num="(c)" heading="Open Meetings.">All meetings of the Commission must be conducted in accordance with the Open Meetings Act, State Government Article Title 10, Subtitle 5 &lt;em&gt;{now Title 3 of the State General Provisions Article}&lt;/em&gt;.</para>
        <annotation type="History">Res. 05-009, ratified Nov. 7, 2006</annotation>
      </section>
      <section prefix="§" num="123" heading="Commission recommendations.">
        <text>The Commission shall:</text>
        <para num="(1)">evaluate the compensation of all elected officials; and</para>
        <para num="(2)">recommend that, for the next term of office, the compensation be increased, decreased, or remain unchanged.</para>
        <annotation type="History">Res. 05-009, ratified Nov. 7, 2006</annotation>
      </section>
      <section prefix="§" num="124" heading="Submission to Council.">
        <para num="(a)" heading="When required.">The Commission shall submit to the President of the City Council its recommendations on or before October 1 of the year preceding the mayoral general election.</para>
        <para num="(b)" heading="If change proposed.">If the Commission recommends one or more changes in compensation, the President of the City Council shall cause all of the recommendations to be introduced at the next meeting of the City Council as a proposed Resolution of the Mayor and City Council.</para>
        <para num="(c)" heading="If no change proposed.">If the Commission recommends no change in any elected official’s compensation, or fails to submit a timely recommendation, no Resolution is to be introduced and the compensation to be paid elected officials remains unchanged.</para>
        <annotation type="History">Res. 05-009, ratified Nov. 7, 2006</annotation>
      </section>
      <section prefix="§" num="125" heading="Council action.">
        <para num="(a)" heading="Amendment not authorized.">The Council may not amend the Resolution to change or affect any recommended compensation.</para>
        <para num="(b)" heading="Rejection by Council.">If, by a majority vote of all members, the City Council affirmatively rejects the Resolution on or before December 15 of the year preceding the mayoral general election, the compensation to be paid elected officials remains unchanged.</para>
        <para num="(c)" heading="Adoption by Council.">If the Resolution is adopted on or before December 15 of the year preceding the mayoral general election, or if the City Council fails to adopt or reject the Resolution on or before that date, the compensation recommended by the Commission will apply, effective at the beginning of the next term of office.</para>
        <annotation type="History">Res. 05-009, ratified Nov. 7, 2006</annotation>
      </section>
    </container>
    <container prefix="" num="" heading="Department of General Services">
      <section prefix="§" num="130" heading="Department established.">
        <text>There is a Department of General Services, the head of which is the Director of General Services.</text>
        <annotation type="History">Res. 08-003, ratified Nov. 4, 2008</annotation>
      </section>
      <section prefix="§" num="131" heading="Director of General Services.">
        <para num="(a)" heading="Duties; Qualifications.">
          <para num="(1)">The Director shall supervise and direct the Department.</para>
          <para num="(2)">The Director must have:<para num="(i)">substantial experience in the construction and maintenance of public works and improvements and in the delivery of related public services; or</para>
            <para num="(ii)">10 years experience as an engineer.</para>
          </para>
        </para>
        <para num="(b)" heading="Appointment; Term.">The Director shall be appointed, must be confirmed, and serves pursuant to &lt;cite data-path="IV|§6"&gt;Article IV, § 6&lt;/cite&gt; of this Charter.</para>
        <para num="(c)" heading="Salary.">The Director’s salary shall be set in the Ordinance of Estimates.</para>
        <para num="(d)" heading="Employees.">The Director may appoint the employees provided for in the Ordinance of Estimates.</para>
        <annotation type="History">Res. 08-003, ratified Nov. 4, 2008</annotation>
      </section>
      <section prefix="§" num="132" heading="Powers and duties of Department.">
        <para num="(a)" heading="In general.">The Department has the powers and duties specified in &lt;cite data-path="VII|§132"&gt;this section&lt;/cite&gt;.</para>
        <para num="(b)" heading="Supervision of municipal buildings, related improvements.">
          <para num="(1)">Unless otherwise provided by this Charter, the Director shall supervise all municipal buildings and related improvements made in Baltimore City or elsewhere by or for the City or any municipal agency.</para>
          <para num="(2)">All plans and specifications for these municipal buildings and related improvements, including those involving engineering questions, shall be submitted to the Director for approval.</para>
        </para>
        <para num="(c)" heading="Construction, maintenance, etc., of buildings, related improvements.">
          <para num="(1)">Unless otherwise provided by this Charter, the Department has charge of the construction, demolition, alteration, operation and maintenance of all municipal buildings and related improvements.</para>
          <para num="(2)">To carry out these activities, the Director may enter and occupy any municipal property after giving due notice to the agency having control of the property.  The Director shall restore any property so entered to the condition in which it was before the entry.</para>
        </para>
        <para num="(d) – (f)" />
        <para num="(g)" heading="Fleet management.">
          <para num="(1)">The Department is responsible for:<para num="(i)">the maintenance, repair, and operation of all motor vehicles and related equipment owned by the City, whether held for general service or assigned for the use of a particular office or agency,</para>
            <para num="(ii)">the maintenance and operation of related garages, depots, and shops;</para>
            <para num="(iii)">the inspection of all City vehicles and related equipment and the keeping of proper records about how these vehicles and equipment are handled and operated;</para>
            <para num="(iv)">the assignment of these vehicles and related equipment for the use of officers and other agencies of the City; and</para>
            <para num="(v)">the maintenance or the hiring of any hauling or passenger service needed by any municipal agency.</para>
          </para>
          <para num="(2)">This subsection does not apply to motor vehicles and related equipment of the Baltimore City Public School System, except to the extent requested by that department and agreed to by the Department of General Services.</para>
        </para>
        <para num="(h)" heading="Assistance to other agencies.">On the request of the head of a municipal agency, the Director shall:<para num="(1)">supply estimates of the cost of work for building improvements and vehicles to be done for that agency during the next fiscal year; and</para>
          <para num="(2)">perform services for the municipal agency of the same general character as those carried on by the Department, the cost of which shall be charged to the agency requesting the services and shall be paid out of the funds appropriated to it.</para>
        </para>
        <para num="(i)" heading="Additional powers and duties.">The Department has the additional powers and duties as are prescribed by law.</para>
        <annotation type="History">Res. 08-003, ratified Nov. 4, 2008</annotation>
      </section>
      <section prefix="§" num="133" reserved="true" />
      <section prefix="§" num="134" heading="Correcting physical obstruction.">
        <para num="(a)" heading="Correction required.">Any person who has, in, over, or under a public street in Baltimore City, any building, structure, conduit, drain, main, pipe, track, work, or other physical obstruction that blocks or impedes the work of the Department shall, on reasonable notice from the Department, promptly shift, adjust, or remove it, at that person’s expense, to fully meet the exigencies described in the notice.</para>
        <para num="(b)" heading="Condemnation.">The City is empowered, when the exigencies of the Department’s work require, to secure the condemnation of the physical obstruction as provided in &lt;cite data-path="II"&gt;Article II&lt;/cite&gt; of this Charter.</para>
        <annotation type="History">Res. 08-003, ratified Nov. 4, 2008</annotation>
      </section>
    </container>
    <container prefix="" num="" heading="City Administrator">
      <section prefix="§" num="135" heading="City Administrator: Establishment.">
        <text>There is a City Administrator who shall be the chief administrative officer of the City.</text>
        <annotation type="History">Res. 20-026, ratified Nov. 3, 2020, eff. July 1, 2021</annotation>
      </section>
      <section prefix="§" num="136" heading="City Administrator: Appointment, term, etc.">
        <para num="(a)" heading="Appointment.">The Mayor shall appoint the City Administrator without regard to political affiliation, subject to confirmation by the City Council, pursuant to &lt;cite data-path="IV|§6|(a)"&gt;Article IV, Section 6(a)&lt;/cite&gt;.</para>
        <para num="(b)" heading="Qualifications.">
          <para num="(1)">The City Administrator must have, prior to appointment, at least 5 years of administrative experience that is sufficiently broad, responsible, and technical to function as the City Administrator.</para>
          <para num="(2)">The City Administrator shall also be thoroughly familiar with modern accounting methods and budget procedures.</para>
          <para num="(3)">In determining and assessing the qualifications for appointment as the City Administrator, the Mayor must give full consideration to:<para num="(i)">the depth, breadth, quality, and importance of relevant experience and the degree of progression achieved;</para>
            <para num="(ii)">the individual’s education background;</para>
            <para num="(iii)">evidence of the individual’s  demonstrated ability to accept and successfully meet increasing responsibilities; and</para>
            <para num="(iv)">evidence of the individual’s excellent character, professional reputation, and employment record.</para>
          </para>
          <para num="(4)">To assure the selection of the most qualified individual available, the Mayor may retain any recognized testing agency to evaluate and make recommendations concerning the qualifications of prospective appointees.</para>
        </para>
        <para num="(c)" heading="Term.">
          <para num="(1)">Subject to paragraph (2) of this subsection, the City Administrator’s term shall be coterminous to the Mayor.</para>
          <para num="(2)">The City Administrator may continue to serve beyond the Mayor’s term until a qualified successor is appointed and confirmed.</para>
        </para>
        <para num="(d)" heading="Salary.">The City Administrator’s salary shall be set in the Ordinance of Estimates.</para>
        <annotation type="History">Res. 20-026, ratified Nov. 3, 2020, eff. July 1, 2021</annotation>
      </section>
      <section prefix="§" num="137" reserved="true" />
      <section prefix="§" num="138" heading="City Administrator: Removal.">
        <text>The Mayor may remove the City Administrator at any time.</text>
        <annotation type="History">Res. 20-026, ratified Nov. 3, 2020, eff. July 1, 2021</annotation>
      </section>
      <section prefix="§" num="139" heading="City Administrator: Office administration.">
        <para num="(a)" heading="Staff.">The City Administrator may appoint employees to assist in his or her duties as may be provided in the Ordinance of Estimates.</para>
        <para num="(b)" heading="Deputy City Administrator.">
          <para num="(1)">The City Administrator shall appoint a Deputy City Administrator who shall serve as the Acting City Administrator in the event that the City Administrator is temporarily unavailable for duty or if the position has been vacated.</para>
          <para num="(2)">A Deputy City Administrator may not serve as an Acting City Administrator longer than 6 months without confirmation by the City Council, pursuant to &lt;cite data-path="IV|§6|(a)"&gt;Article IV, Section 6(a)&lt;/cite&gt;.</para>
        </para>
        <annotation type="History">Res. 20-026, ratified Nov. 3, 2020, eff. July 1, 2021</annotation>
      </section>
      <section prefix="§" num="140" heading="City Administrator: Powers and duties.">
        <text>Except as otherwise provided in this Charter and under the direct authority and supervision of the Mayor, the City Administrator:</text>
        <para num="(1)">administers the day-to-day operations of the City and oversees the delivery of municipal services;</para>
        <para num="(2)">exercises supervisory authority over all agencies, department directors, and municipal officers;</para>
        <para num="(3)">approves rules and regulations proposed by municipal departments and agencies;</para>
        <para num="(4)">supervises the preparation of the City’s preliminary operating budget and participates in the development of the proposed Ordinance of Estimates;</para>
        <para num="(5)">advises the Mayor in the formation of policy and the implementation of plans to address demands for municipal services, enhance the quality of life, and strengthen the economic vitality of the City;</para>
        <para num="(6)">performs duties delegated by the Mayor that are not inconsistent with this Charter; and</para>
        <para num="(7)">performs any other duty as required by this Charter or required by ordinance of the Mayor and City Council.</para>
        <annotation type="History">Res. 20-026, ratified Nov. 3, 2020, eff. July 1, 2021</annotation>
      </section>
    </container>
    <container prefix="" num="" heading="Baltimore City Police Department">
      <section prefix="§" num="141" heading="Department established.">
        <text>There is a Baltimore City Police Department, the head of which is the Police Commissioner.</text>
        <annotation type="History">Res. 22-003, ratified Nov. 8, 2022</annotation>
      </section>
      <section prefix="§" num="142" heading="Definitions.">
        <para num="(a)" heading="In general.">For §§ 141 through 146 of this article, the following terms have the meanings indicated.</para>
        <para num="(b)" heading="Commissioner.">“Commissioner” means the Police Commissioner of Baltimore City.</para>
        <para num="(c)" heading="Department.">“Department” means the Baltimore City Police Department.</para>
        <para num="(d)" heading="Department staff.">“Department staff” means an individual employed by the Mayor and City Council of Baltimore assigned to work for the Department, whether a civilian or a police officer.</para>
        <para num="(e)" heading="Police officer.">“Police officer” means a person who is:<para num="(1)">legally authorized to enforce the general criminal laws of the State;</para>
          <para num="(2)">legally authorized to enforce the criminal and civil laws of the City; and</para>
          <para num="(3)">an employee of the Mayor and City Council of Baltimore.</para>
        </para>
        <annotation type="History" />
      </section>
      <section prefix="§" num="143" heading="Commissioner.">
        <para num="(a)" heading="Head of Department; Qualifications.">The Police Commissioner shall:<para num="(1)">be at least 30 years of age; and</para>
          <para num="(2)">have at least 5 years of experience in law enforcement.</para>
        </para>
        <para num="(b)" heading="Appointment.">The Commissioner shall be appointed and must be confirmed pursuant to &lt;cite data-path="IV|§6|(a)"&gt;City Charter Article IV, § 6(a)&lt;/cite&gt; {“Appointments subject to confirmation”}.</para>
        <para num="(c)" heading="Term.">The term of the Commissioner shall be established by the Mayor.</para>
        <para num="(d)" heading="Salary.">The Commissioner shall be paid a salary as provided for in the Ordinance of Estimates.</para>
        <para num="(e)" heading="Staff.">The Commissioner may appoint such employees as provided in the Ordinance of Estimates.</para>
        <annotation type="History" />
      </section>
      <section prefix="§" num="144" heading="Commissioner: Powers.">
        <text>The Commissioner shall:</text>
        <para num="(1)">determine and establish the form and organization of the Department;</para>
        <para num="(2)">appoint individuals above the rank of lieutenant;</para>
        <para num="(3)">as necessary to best serve the interests of the City:<para num="(i)">assign, reassign, allocate, and reallocate duties to Department staff; and</para>
          <para num="(ii)">assign, reassign, allocate, and reallocate Department staff to organizational subdivisions of the Department;</para>
        </para>
        <para num="(4)">determine and establish:<para num="(i)">the classification of ranks, grades, and positions;</para>
          <para num="(ii)">uniform insignia;</para>
          <para num="(iii)">the powers, duties, rights, and privileges for Department staff; and</para>
          <para num="(iv)">the order of succession for positions of command;</para>
        </para>
        <para num="(5)">with the consent of the Department of Human Resources, determine and establish positions within the Department for civilian employees;</para>
        <para num="(6)">appoint, promote, reduce in rank, grade, or position, reassign, reclassify, retire, and discharge  Department staff  in the manner prescribed by law;</para>
        <para num="(7)">institute a system of:<para num="(i)">periodic performance evaluation for Department staff; and</para>
          <para num="(ii)">regular physical examination of Department staff, as necessary for the employee to effectively perform assigned duties;</para>
        </para>
        <para num="(8)">make and execute contracts and other instruments as may be authorized in the exercise and performance of the powers of the Commissioner and the Department;</para>
        <para num="(9)">establish, maintain, and modify systems for the reception, processing, and maintenance of:<para num="(i)">reports and records of occurrences or alleged occurrences of crime within the City; and</para>
          <para num="(ii)">reports and records of the administration, management, and operation of the Department; and</para>
        </para>
        <para num="(10)">adopt rules and regulations to effectively discharge the powers and
			  duties of the Commissioner and Department.</para>
        <annotation type="History" />
      </section>
      <section prefix="§" num="145" heading="Department: Powers and duties.">
        <para num="(a)" heading="Purpose.">The purpose of the Department is to:<para num="(1)">safeguard the lives and safety of all individuals within the City;</para>
          <para num="(2)">protect property within the City; and</para>
          <para num="(3)">assist in securing to all individuals the equal protection of the law.</para>
        </para>
        <para num="(b)" heading="Powers.">The Department shall have, within the boundaries of the City, the power to:<para num="(1)">maintain the orderly flow of traffic in the public right of way; and</para>
          <para num="(2)">assist law enforcement agencies of:<para num="(i)">the State; and</para>
            <para num="(ii)">any official unit of federal, tribal, state, or local government within the United States.</para>
          </para>
        </para>
        <para num="(c)" heading="Duties.">The Department shall have, within the boundaries of the City, the specific duty and responsibility to:<para num="(1)">preserve the public peace;</para>
          <para num="(2)">detect and prevent the commission of crime;</para>
          <para num="(3)">enforce the laws of:<para num="(i)">the State; and</para>
            <para num="(ii)">the Mayor and City Council of Baltimore;</para>
          </para>
          <para num="(4)">apprehend and arrest individuals who violate or are lawfully accused of violating the law;</para>
          <para num="(5)">preserve order at public places; and</para>
          <para num="(6)">discharge its duties and responsibilities with dignity and in a manner that will inspire public confidence and respect.</para>
        </para>
        <para num="(d)" heading="Duties: Outside the City.">
          <para num="(1)" heading="In general.">The Department shall perform the duties set forth in subsection (b) of this section within those areas outside the corporate limits of the City which are, from time to time, owned, controlled, operated, or leased by the Mayor and City Council of Baltimore or any unit of City government.</para>
          <para num="(2)" heading="Concurrent jurisdiction.">In those areas described in paragraph (1) of this subsection:<para num="(i)">the authority and duties of the Department shall be concurrent with that of any police department or police agency in the jurisdiction in which such areas are located; and</para>
            <para num="(ii)">nothing contained herein shall limit or adversely affect the jurisdiction and authority of any police department or police agency in the jurisdiction in which such areas are located.</para>
          </para>
        </para>
        <annotation type="History" />
      </section>
      <section prefix="§" num="146" heading="Police officers: Powers and duties.">
        <text>All police officers of the Department, including such other Department staff who may be designated by the Commissioner from time to time to exercise the powers and duties of police officers, shall have the authority conferred under Title 2 {“Law Enforcement Procedures; Arrest Process”} of the &lt;cite data-doc="Md. Code" data-path="gcp"&gt;Criminal Procedure Article of the Annotated Code of Maryland&lt;/cite&gt;.</text>
        <annotation type="History" />
      </section>
      <section prefix="§" num="147" heading="Redistricting.">
        <para num="(a)" heading="Commissioner to prepare plan for reallocation of boundaries.">To ensure that the resources of the Department are efficiently allocated, following each decennial census of the United States the Commissioner shall prepare and submit a police district redistricting plan to the Mayor within 1 year from the publication of decennial census data for the reallocation of police district boundaries.</para>
        <para num="(b)" heading="Action by the Mayor.">Within 90 days of receipt of a police district redistricting plan from the Commissioner under subsection (a) of this section and after public hearings the Mayor shall submit a police district redistricting plan for the reallocation of police district boundaries to the City Council for adoption as a resolution of the Mayor and City Council.</para>
        <para num="(c)" heading="Action by the City Council.">The police district redistricting plan, as it may be amended by the City Council, must be approved by resolution of the Mayor and City Council within 180 days from the date the plan is introduced on the Council floor.</para>
        <annotation type="History" />
      </section>
    </container>
  </container>
  <container prefix="Article" num="VIII" heading="Franchises">
    <section prefix="§" num="1" heading="Authority to grant.">
      <text>The title of the City in and to its waterfront, wharf property, land under water, public landings, wharves and docks, streets, lanes, and parks, its sewer system and water-supply system, as described in &lt;cite data-path="VII"&gt;Article VII&lt;/cite&gt;, §§ &lt;cite data-path="VII|§33"&gt;33&lt;/cite&gt; and &lt;cite data-path="VII|§34"&gt;34&lt;/cite&gt; of this Charter, and its underground conduit system for cables, wires, and similar facilities is hereby declared to be inalienable.</text>
      <text>With the exception of the City’s sewer system, water-supply system, and underground conduit system for cables, wires, and similar facilities, the City may grant for a limited time and subject to the limitations and conditions contained in the Charter, specific franchises or rights in or relating to any of the public property or places mentioned in the preceding sentence; provided that such grant is in compliance with the requirements of the Charter, and that the terms and conditions of the grant shall have first been authorized and set forth in an ordinance duly adopted.</text>
      <text>Every such grant shall specifically set forth and define the nature, extent and duration of the franchise or right thereby granted, and no franchise or right shall pass by implication under any such grant; and, notwithstanding any such grant the City shall at all times have and retain the power and right to reasonably regulate in the public interest the exercise of the franchise or right so granted; and the City shall not have the power by grant or ordinance to divest itself of the right or power so to regulate the exercise of such franchise or right.</text>
      <annotation type="History">Res. 18-013, ratified Nov. 6, 2018</annotation>
      <annotation type="History">Res. 20-027, ratified Nov. 8, 2022</annotation>
    </section>
    <section prefix="§" num="2" heading="Procedures; Compensation; Minor privileges.">
      <text>Whenever an ordinance is introduced into the City Council pursuant to the provisions of &lt;cite data-path="VIII|§1"&gt;Section 1 of this Article VIII&lt;/cite&gt;, which ordinance shall contain all the terms and conditions of the proposed grant, including a provision as to the rates, fares and charges, if the grant provides for the charging of rates, fares or charges, and a provision that the franchise or right shall be executed and enjoyed within six months after the grant, it shall, after the first reading, be referred forthwith to the Board of Estimates.  The said Board shall make diligent inquiry as to the money value of said franchise or right proposed to be granted and the adequacy of the proposed compensation to be paid therefor to the City as offered in said ordinance, and the propriety of the terms and conditions of said ordinance, and said board is empowered to increase the compensation to be paid therefor to the City and to alter the terms and conditions of said ordinance, including the space in or over which the franchise or right is proposed to be granted and the person to whom the franchise or right shall be granted, provided such alterations are not inconsistent with the requirements and provisions of the Charter, and it shall be the duty of said Board to fix in said ordinance the said compensation at the largest amount it may be able to obtain, by advertising or otherwise, for said franchise or right, and no grant thereof by the City Council shall be made except for the compensation and on the terms approved by vote or resolution of the said Board, entered in the minutes or records of said Board and attached to said ordinance with the signature of a majority of said Board signed thereto, and in the absence of such vote or resolution of said Board said proposed ordinance may not be passed but shall lapse and be void.</text>
      <text>Provided, that the right to use the streets, or other public property, by any person for steps, porticoes, bay windows, bow windows, show windows, signs, columns, piers, or other projections or structural ornaments of any character except so far as the same may be prohibited by law, and covered vaults, covered areaways, drains, drainpipes, or any other private purpose not prohibited by law or ordinance and not being a franchise or right requiring a formal grant by ordinance, may be granted by the Board of Estimates for such an amount of money and upon such terms as the said Board may consider right and proper without the necessity of an ordinance or advertising.  The applicant for any such right shall make written application therefor to the Board of Estimates, stating therein the use desired and the amount he proposes to pay therefor.  Before filing the application with the Board of Estimates, the applicant shall serve copies thereof on the owners of the adjoining properties.  The use applied for shall be enjoyed only on the payment of the consideration fixed by said Board and on the terms and conditions prescribed by it in writing, which terms and conditions, including the consideration charged therefor, may be changed from time to time by the Board — but with respect to “permanent” minor privileges, as defined in &lt;cite data-path="VIII|§9"&gt;Section 9 of this Article VIII&lt;/cite&gt; of the Charter, only after reasonable notice to the holder of the privilege and opportunity to him to be heard before the Board or its designated representative — and provided further, that all grants of minor privileges shall also be subject to the provisions of said &lt;cite data-path="VIII|§9"&gt;Section 9 of this Article VIII&lt;/cite&gt;.  The Board of Estimates may delegate to any department or other municipal agency, and such department or other municipal agency shall exercise, any administrative powers and duties relating to minor privileges.</text>
    </section>
    <section prefix="§" num="3" heading="Duration.">
      <text>No franchise or right in relation to any street, either on, above or below the surface of the same, or franchise or right with respect to any other public property, shall be granted by the City to any person for a longer period than twenty-five years, but such grant may, at the option of the City, provide for giving to the grantee the right (on fair revaluation, including in such revaluation the value derived from the said franchise or right) to renewals not exceeding in the aggregate twenty-five years.</text>
      <text>Regardless of the number of previous grants of a given franchise to its holder, or the number of years such holder may have held the same, the City may renew the same to him on the same or different terms from that theretofore granted, including an increase or decrease of the consideration or charge therefor, provided always, no grant by the City of a franchise or right in, over or under any part of its public property, whether an original grant or a renewal thereof, shall (save for a possible provision for renewals in accordance with the first sentence of &lt;cite data-path="VIII|§3"&gt;this section&lt;/cite&gt;) create a term therefor or a right to obtain a renewal of said term extending more than twenty-five years from the date of the ordinance granting or renewing the same, as the case may be.</text>
      <text>Any grant of a franchise may provide that upon the termination of the said franchise or right granted by the City, the plant, as well as the property of the grantee situated in, above or under the streets or other public property aforesaid with its appurtenances, shall thereupon be and become the property of the City, without further or other compensation to the grantee; or such grant may provide that upon such determination, there shall be a fair valuation of the plant and property, which shall be and become the property of the City at its election, on paying the grantee said valuation.  If, by virtue of the grant, the plant and property are to become the property of the City without money payment therefor, the City shall have the option either to take and operate the said property on its own account, or to renew the said grant for not exceeding twenty-five years on a revaluation or sell the same to the highest bidder at public sale.  If the original grant shall prescribe that the City shall at its election make payment for such plant and property, such payment shall be at a fair valuation of the same as property, excluding any value derived from the franchise or right and if the City shall make payment for such plant and property, it may, in that event, operate the plant and property on its own account for five years, after which it may determine either to continue such operation on its own account or to lease the said plant and property and the said franchise or right to use the streets, or other public property in connection therewith, for limited periods, not to exceed twenty-five years from the date of the grant, under such rules and regulations as it may prescribe, or to sell the plant and property to the highest bidder at public sale.</text>
      <text>Every grant of any such franchise or right shall make provision, by way of forfeiture or otherwise, for the purpose of compelling compliance with the terms of the grant, and to secure efficiency of public service at reasonable rates, and the maintenance of the property in good condition, throughout the full term of the grant.  The grant shall also specify the mode of determining the valuations and revaluations which may be provided for therein.</text>
    </section>
    <section prefix="§" num="4" heading="Street railways.">
      <text>The Board of Estimates, subject to ratification and approval by ordinance, is empowered to agree with any street railway company for the surrender of any of its franchises, easements or rights-of-way, and in substitution for the franchise, easement or right-of-way so surrendered to grant a new franchise, easement or right-of-way on any street, and which may be for the same duration as the franchise, easement or right-of-way surrendered; and to provide, in appropriate cases, for a graduated park tax, as prescribed by Chapter 566 of the Acts of the General Assembly of 1906.</text>
    </section>
    <section prefix="§" num="5" heading="Trackless trolleys.">
      <text>The City may, by ordinance, permit any street railway company to operate under its existing franchises vehicles propelled by electricity furnished by overhead wires but not operated upon rails, and any such grant heretofore made is hereby ratified and confirmed.</text>
    </section>
    <section prefix="§" num="6" heading="Advertising.">
      <text>Before any grant of the franchises or right to use any street, or other public property, either on, above or below the surface of the same shall be made, the proposed specific grant, except as provided in the second paragraph of &lt;cite data-path="VIII|§2"&gt;Section 2 of this Article VIII&lt;/cite&gt;, embodied in the form of a brief advertisement, prepared by the Board of Estimates, at the expense of the applicant, shall be published by the Comptroller for at least three days in one daily newspaper published in Baltimore City to be designated by the Board of Estimates, and all the provisions of the first paragraph of &lt;cite data-path="VIII|§2"&gt;Section 2 of this Article VIII&lt;/cite&gt; shall be complied with.</text>
    </section>
    <section prefix="§" num="7" heading="Reservation of rights.">
      <text>When the grant of a franchise or right is made in compliance with the foregoing sections, the City shall not part with, but shall expressly reserve the right and duty at all times to exercise in the interest of the public full municipal superintendence, regulation and control in respect to all matters connected with said grant and not inconsistent with the terms thereof.</text>
    </section>
    <section prefix="§" num="8" heading="Renewals.">
      <text>Sections &lt;cite data-path="VIII|§1"&gt;1&lt;/cite&gt;, &lt;cite data-path="VIII|§2"&gt;2&lt;/cite&gt;, &lt;cite data-path="VIII|§3"&gt;3&lt;/cite&gt;, &lt;cite data-path="VIII|§6"&gt;6&lt;/cite&gt;, and &lt;cite data-path="VIII|§7"&gt;7&lt;/cite&gt; of &lt;cite data-path="VIII"&gt;this &lt;/cite&gt;&lt;cite data-path="VIII"&gt;Article VIII&lt;/cite&gt; shall apply to any renewal or extension of a franchise, whether to the same grantee or to others.</text>
    </section>
    <section prefix="§" num="9" heading="Minor privileges.">
      <para num="(a)" heading="Temporary minor privilege charges.">Beginning with the year 1935, the amount of the lien of the City for charges for temporary minor privileges, as hereinafter defined, shall be limited to the amount of the charge therefor for the last calendar year for which made.  The person to whom such temporary minor privilege is granted shall be personally liable to the City for the amount of such charges.  If any such charge is not paid by April 1st of the year succeeding that in respect of which the charge was made, the Department of Finance shall record the lien for such previous year’s charge in the tax lien record, where it shall continue to be a lien, until paid, upon the property on which such minor privilege is located.  The Department of Finance may proceed to enforce the liability above provided for or to sell the property in satisfaction of such lien under the provisions of Article 81 of the Code of Public General Laws of Maryland.</para>
      <para num="(b)" heading="“Temporary” and “permanent” defined; Procedures.">Temporary minor privileges are those in the nature of awnings, barber poles, signs, skids, clothes racks, sidewalk displays and vending machines and the like, which can be removed without a material alteration of the property where the said privilege is located.
Permanent minor privileges are those in the nature of steps, porticoes, bay windows, bow windows, show windows, columns, tiers, covered vaults, covered areaways, drains or drainpipes, and the like which cannot be removed without a material alteration of the property where the said privilege is located.
The procedure for granting minor privileges is set forth in &lt;cite data-path="VIII|§2"&gt;Section 2 of this Article VIII&lt;/cite&gt;.</para>
      <para num="(c)" heading="Savings clause.">Nothing contained in &lt;cite data-path="VIII|§9"&gt;this section&lt;/cite&gt; shall affect the payment or collection of any minor privilege charges, temporary, or permanent, accruing before the year 1935 or the payment or collection of charges for permanent minor privileges during and after the year 1935.  As to any of such charges which are not paid when due, the Department of Finance may institute suit against the holder of the privilege and the owner of the property at the time the charge arose, and shall record them in the tax lien record, and they shall remain a lien until paid and may sell the property at which the privilege is located under the provisions of said Article 81.</para>
      <para num="(d)" heading="Designation by Board of Estimates.">In issuing minor privileges the Board of Estimates shall designate the same as being “temporary” or “permanent” as defined in &lt;cite data-path="VIII|§9"&gt;this section&lt;/cite&gt;.</para>
    </section>
  </container>
  <container prefix="Article" num="IX" heading="Transition Provisions">
    <section prefix="§" num="1" heading="Terminology.">
      <text>The Charter in effect immediately prior to the general election of November 3, 1994, shall for the purposes of &lt;cite data-path="IX"&gt;this &lt;/cite&gt;&lt;cite data-path="IX"&gt;Article IX&lt;/cite&gt; be known as the old Charter.  The Charter as amended at said general election shall be known as the new Charter.</text>
    </section>
    <section prefix="§" num="2" heading="Final effective date.">
      <text>The new Charter shall, except as hereinafter provided, become fully effective as to all its provisions on July 1, 1996.  All municipal officials shall do such acts as may be necessary or convenient in preparation for the new Charter’s becoming effective.</text>
    </section>
    <section prefix="§" num="3" heading="Advanced effective dates.">
      <text>By resolution, the Board of Estimates may make effective any provision or provisions of the new Charter as of any date from and after the thirtieth day after the election at which the new Charter is approved by the voters and prior to July 1, 1996, in which case, to the extent of any inconsistency or conflict between such provision or provisions of the new Charter and the old Charter, the provision or provisions of the new Charter shall prevail.</text>
    </section>
    <section prefix="§" num="4" heading="Existing employees.">
      <para num="(a)" heading="Positions and salaries unaffected.">Notwithstanding that the entry into effect of the new Charter will cause the transfer of certain powers and duties among municipal agencies, no position occupied by any employee in the Civil Service as of July 1, 1996, shall be abolished nor shall the salary of any such employee be affected by virtue of the entry into effect of the new Charter.</para>
      <para num="(b)" heading="Civil Service status.">The officers and employees of the City who, on July 1, 1996, are in positions that the new Charter removes from the Civil Service shall retain their Civil Service status until they retire or until and unless their positions are abolished or they are removed from them pursuant to law.</para>
    </section>
    <section prefix="§" num="5" heading="Records and funds.">
      <text>The books, records, property and funds of any municipal agency abolished or superseded by the new Charter are hereby transferred to and vested in the municipal agency to which the powers, duties and functions of the agency so abolished or superseded are transferred; and whenever part of the powers, duties and functions of any municipal agency are transferred by the new Charter to another municipal agency, then the books, records, property and funds relating to the powers, duties, and functions so transferred shall be transferred to and vested in the agency to which such transfer is made.</text>
    </section>
    <section prefix="§" num="6" heading="Ordinances, orders, regulations.">
      <text>All ordinances and all orders, rules and regulations heretofore made in accordance with law by any municipal agency, insofar as the same are not in conflict with the provisions of the new Charter, shall remain in full force and effect until revoked or modified by agencies of the City empowered by the new Charter or otherwise by law, to repeal or amend the same.</text>
      <text>References in such ordinances, orders, rules and regulations to any municipal agency existing prior to the applicable effective date of the new Charter, shall be deemed to refer to the municipal agency to whom its powers and duties shall have been assigned by the new Charter.</text>
    </section>
    <section prefix="§" num="7" heading="Contracts and obligations.">
      <text>All contracts, leases and obligations to which the City is a party at the applicable effective date of the new Charter shall remain in full force and effect according to their terms, and shall be performed by or for that municipal agency which, by the new Charter or applicable ordinances, shall have jurisdiction over the subject matter of such contracts, leases or obligations.</text>
    </section>
    <section prefix="§" num="8" heading="New terms for boards and commissions.">
      <text>The first terms of office provided by the new Charter for members of boards and commissions that are coterminous with the Mayor’s term of office shall begin on the last day of December, 1995, and the first four year terms of office provided by the new Charter for board and commission members that are staggered with the Mayor’s term of office shall begin two years thereafter.</text>
    </section>
  </container>
  <container prefix="Article" num="X" heading="Office of the Inspector General">
    <section prefix="§" num="1" heading="Office of Inspector General:  Office Established.">
      <text>There is an Office of the Inspector General, the head of which is the Inspector General.</text>
      <annotation type="History">Res. 18-008, ratified Nov. 6, 2018</annotation>
    </section>
    <section prefix="§" num="2" heading="Office of Inspector General: Advisory board.">
      <para num="(a)" heading="In general.">
        <para num="(1)">The Inspector General is appointed by an advisory board to be comprised of 11members as provided in &lt;cite data-path="X|§2"&gt;this section&lt;/cite&gt;.</para>
        <para num="(2)">The advisory board is entitle to the assistance of the Baltimore City Department of Human Resources for purposes of advertising a vacancy and interviewing and hiring candidates for the position of Inspector General.</para>
        <para num="(3)">The Mayor must provide the advisory board with access to City resources to facilitate the advisory board’s completion of its responsibilities.</para>
      </para>
      <para num="(b)" heading="Qualifications.">An individual is qualified to serve as a member of the advisory board if the individual:<para num="(1)">is a Baltimore City resident;</para>
        <para num="(2)">is over the age of 21 years old;</para>
        <para num="(3)">has never been convicted of an offense under Section 16-201(a)(5) or (6) of the State Election Law Article; and</para>
        <para num="(4)">has a background in, or familiarity with, ethics, law, program or performance evaluation, or accounting or has a familiarity with the Office of the Inspector General and the duties of the Office.</para>
      </para>
      <para num="(c)" heading="Eligibility.">In addition to the required qualifications in &lt;cite data-path="X|§2|(b)"&gt;subsection (b) of this section&lt;/cite&gt;, an applicant is not eligible for appointment to the advisory board if the individual:<para num="(1)">is or becomes an employee or elected officer of:<para num="(i)">the State of Maryland;</para>
          <para num="(ii)">the City of Baltimore;</para>
          <para num="(iii)">any State or City agency, instrumentality, or any other unit of a State entity except:<para num="(A)">a State college;</para>
            <para num="(B)">a State university; or</para>
            <para num="(C)">another institution of higher education;</para>
          </para>
        </para>
        <para num="(2)">is or becomes a candidate for elected public office of:<para num="(i)">the State of Maryland;</para>
          <para num="(ii)">the City of Baltimore; or</para>
          <para num="(iii)">any county or municipality of the State.</para>
        </para>
        <para num="(3)">is or becomes an elected municipal officer's:<para num="(i)">spouse;</para>
          <para num="(ii)">parent;</para>
          <para num="(iii)">child; or</para>
          <para num="(iv)">sibling;</para>
        </para>
        <para num="(4)">is or becomes a responsible officer, as defined in Section 1-101(mm) of the State Election Law Article;</para>
        <para num="(5)">is or becomes employed by the City of Baltimore or the State of Maryland in any capacity;</para>
        <para num="(6)">is or becomes a lobbyist under:<para num="(i)">the State General Provisions Article, Title 5 {“Maryland Public Ethics Law”};</para>
          <para num="(ii)">Article 8, Subtitle 8 {“Lobbying”} of the City Code; or</para>
          <para num="(iii)">the ethics code of any political subdivision of the State; or</para>
        </para>
        <para num="(7)">is or becomes associated with a business entity as described in Article 8, Section 6-6 {“Prohibited participation”} of the City Code.</para>
      </para>
      <para num="(d)" heading="Nomination process: In general.">
        <para num="(1)">An individual who meets the requirements set forth in subsections (b) and (c) of &lt;cite data-path="X|§2"&gt;this section&lt;/cite&gt; may submit an application to the member of the City Council who represents the district in which the individual resides, in the form required by the Board of Ethics.</para>
        <para num="(2)">Each member of the City Council must:<para num="(i)">review the applications received pursuant to paragraph (1) of this subsection; and</para>
          <para num="(ii)">select 1 applicant as the nominee to the advisory board from that member's district.</para>
        </para>
      </para>
      <para num="(e)" heading="Nomination process: Diversity.">
        <para num="(1)">The membership of the advisory board must be inclusive and reflect the racial and gender diversity of the City of Baltimore.</para>
        <para num="(2)">A member of the City Council must give reasonable consideration to the diversity of the member's district when selecting a nominee to the advisory board.</para>
      </para>
      <para num="(f)" heading="Nomination process: Final appointments.">
        <para num="(1)">Final random selections to the advisory board must be made by the Chair of the Board of Ethics, pursuant to &lt;cite data-path="VII|§110"&gt;Article VII, Section 110&lt;/cite&gt; of this Charter.</para>
        <para num="(2)">7 of the 11 members of the advisory board must be randomly selected by the Chair of the Board of Ethics on the following basis:<para num="(i)">1 member from among the 2 nominees submitted from City Council districts 1 and 2;</para>
          <para num="(ii)">1 member from among the 2 nominees submitted from City Council districts 3 and 4;</para>
          <para num="(iii)">1 member from among the 2 nominees submitted from City Council districts 5 and 6;</para>
          <para num="(iv)">1 member from among the 2 nominees submitted from City Council districts 7 and 8;</para>
          <para num="(v)">1 member from among the 2 nominees submitted from City Council districts 9 and 10;</para>
          <para num="(vi)">1 member from among the 2 nominees submitted from City Council Districts 11 and 12; and</para>
          <para num="(vii)">1 member from among the 2 nominees submitted from City Council districts 13 and 14.</para>
        </para>
        <para num="(3)">The remaining 4 members shall consist of:<para num="(i)">1 member of the Association of Certified Fraud Examiners, selected by the Board of Regents of the Association of Certified Fraud Examiners;</para>
          <para num="(ii)">1 member of the Maryland Association of Certified Public Accountants, selected by the Board of Directors of the Maryland Association of Certified Public Accountants;</para>
          <para num="(iii)">the Dean of the University of Maryland School of Law or the Dean’s designee; and</para>
          <para num="(iv)">the Dean of the University of Baltimore School of Law, or the Dean’s designee.</para>
        </para>
        <para num="(4)">The 4 members of the advisory board selected pursuant to  paragraph (3) of this subsection must also comply with all eligibility and qualification requirements for advisory board members outlined in this subsection.</para>
      </para>
      <para num="(g)" heading="Term of members.">
        <para num="(1)">The terms of the members of the advisory board must be staggered and may not be coterminous with the Mayor’s term of office.</para>
        <para num="(2)">Of the initial 11 appointments to the advisory board:<para num="(i)">the members appointed pursuant to paragraphs (2)(v) and (3) of &lt;cite data-path="X|§2|(f)"&gt;Subsection (f) of this section&lt;/cite&gt; must each serve a term of 3 years; and</para>
          <para num="(ii)">the remaining members must each serve a term of 4 years.</para>
        </para>
        <para num="(3)">After the initial terms of the advisory board members have expired, a member of the advisory board shall serve a term of 4 years.</para>
        <para num="(4)">The term required by paragraph (2)(i) of this subsection shall be considered a full term for the purposes of the term limits established in &lt;cite data-path="IV|§6|(e)"&gt;Article IV, Section 6(e)&lt;/cite&gt; of this Charter.</para>
        <para num="(5)">No member of the advisory board may serve more than 2 consecutive full terms.</para>
      </para>
      <para num="(h)" heading="Removal of advisory board member.">A member of the advisory board may be removed for cause by a vote of the majority of the members of the advisory board.</para>
      <para num="(i)" heading="Vacancies.">The Chair of the Board of Ethics shall select at random a member from the nominations submitted at the outset of that particular position's term.</para>
      <para num="(j)" heading="Procedures.">
        <para num="(1)">A quorum of the advisory board consists of 6 members.</para>
        <para num="(2)">The advisory board shall elect a chair from the membership of the advisory board.</para>
        <para num="(3)">An affirmative vote of at least 6 members shall be necessary to appoint an Inspector General.</para>
      </para>
      <para num="(k)" heading="Required training.">Prior to beginning their duties, the members of the advisory board shall attend a training session, to be provided by the Office of the Inspector General, that details:<para num="(1)">the rules governing the advisory board; and</para>
        <para num="(2)">the rules governing and duties of the Inspector General.</para>
      </para>
      <para num="(l)" heading="Annual overview.">The advisory board shall appear before the City Council at least once a year to provide the City Council with an overview of the activities of the advisory board and the Office of the Inspector General.</para>
      <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
    </section>
    <section prefix="§" num="3" heading="Office of Inspector General:  The Inspector General.">
      <para num="(a)" heading="Qualifications.">
        <para num="(1)">The Inspector General shall be appointed without regard to political affiliation and must have substantial experience in auditing, financial analysis, criminal justice law, management analysis, public administration, investigations, or another appropriate field.</para>
        <para num="(2)">The Inspector General shall hold at the time of appointment, or be required to obtain within 7 months after appointment, certification as a Certified Inspector General.</para>
      </para>
      <para num="(b)" heading="Term.">The Inspector General shall serve a term of 6 years commencing from the date of appointment.</para>
      <para num="(c)" heading="Removal.">The Inspector General may be removed from office by an affirmative vote of a majority of the members of the advisory board for:<para num="(1)">misconduct in office;</para>
        <para num="(2)">persistent failure to perform the duties of office; or</para>
        <para num="(3)">conduct prejudicial to the proper administration of justice.</para>
      </para>
      <para num="(d)" heading="Reports concerning a vacancy or incapacity.">Whenever the Office of the Inspector general remains vacant for 180 days, or whenever the Inspector General is incapacitated or otherwise unable to perform the duties of the office for 180 days, the Chair of the advisory board shall issue a report to the City Council on the 180&lt;sup&gt;th&lt;/sup&gt; day, and every 2 months thereafter until the vacancy is filled or the Inspector General reports to work, describing the status of the efforts to fill the vacancy or the status of the Absent Inspector General.</para>
      <para num="(e)" heading="Performance review.">The advisory board shall meet at least once annually to review the performance of the Inspector General.</para>
      <annotation type="History">Res. 18-008, ratified Nov. 6, 2018</annotation>
      <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
    </section>
    <section prefix="§" num="4" heading="Office of Inspector General:  Powers and Duties.">
      <para num="(a)" heading="IG as head of Office.">The Inspector General shall supervise and direct the Office of the Inspector General.</para>
      <para num="(b)" heading="Responsibilities of Office.">The Office of the Inspector General is responsible for:<para num="(1)">investigating complaints of fraud, financial waste, and abuse in City government; and</para>
        <para num="(2)">promoting efficiency, accountability, and integrity in City government.</para>
      </para>
      <para num="(c)" heading="Jurisdiction of Office.">The Office of the Inspector General may investigate allegations that involve City government and potential violations of laws or regulations by any:<para num="(1)">City elected official;</para>
        <para num="(2)">City employee;</para>
        <para num="(3)">member of a board or commission established or governed by &lt;cite&gt;the City Charter&lt;/cite&gt;, City Code, or an executive order issued by the Mayor;</para>
        <para num="(4)">City contractor or person negotiating a contract with the City;</para>
        <para num="(5)">person seeking certification to provide goods or services to the City; or</para>
        <para num="(6)">external recipient of City funds, benefits, or services.</para>
      </para>
      <para num="(d)" heading="Issuing subpoenas.">
        <para num="(1)">To perform the duties of office, the Inspector General may issue a subpoena to require:<para num="(i)">any person to appear under oath as a witness; or</para>
          <para num="(ii)">the production of any information, document, report, record, account, or other material.</para>
        </para>
        <para num="(2)">The Inspector General may enforce any subpoena issued pursuant to this subsection in any court of competent jurisdiction.</para>
      </para>
      <para num="(e)" heading="Annual report.">
        <para num="(1)">The Office of the Inspector General shall prepare and publish an annual report of the Office’s activities.</para>
        <para num="(2)">The annual report may include recommendations regarding program weakness, contracting irregularities, or other institutional problems discovered by the Office.</para>
        <para num="(3)">The annual report shall be:<para num="(i)">submitted to all of the members of the advisory board; and</para>
          <para num="(ii)">after any redactions required by law, posted on the Office of the Inspector General’s website.</para>
        </para>
      </para>
      <annotation type="History">Res. 18-008, ratified Nov. 6, 2018</annotation>
      <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
    </section>
    <section prefix="§" num="5" heading="Office of Inspector General:  Budget.">
      <para num="(a)" heading="IG to prepare proposed budget.">The Inspector General shall formulate and prepare annually, or as frequently as required by law, a proposed budget to fund the operations of the Office and shall transmit the proposed budget to the advisory board for its review.</para>
      <para num="(b)" heading="Advisory board to approve or revise.">
        <para num="(1)">The advisory board shall meet to review the proposed budget submitted by the Inspector General for the purpose of assessing and determining whether, in the judgement of the advisory board, the proposed budget provides sufficient funding to meet the duties of the Office.</para>
        <para num="(2)">The advisory board shall, by an affirmative vote of at least 4 of its members, either:<para num="(i)">approve the proposed budget as submitted; or</para>
          <para num="(ii)">revise the proposed budget if the advisory board disagrees with the substance of any item contained in the proposed budget, including estimates of need and amounts of requested funding.</para>
        </para>
      </para>
      <para num="(c)" heading="Submission.">
        <para num="(1)">The budget approved by the advisory board pursuant to &lt;cite data-path="X|§5|(b)"&gt;subsection (b) of this section&lt;/cite&gt; shall be the Office budget the advisory board recommends to the Board of Estimates.</para>
        <para num="(2)">The advisory board, on behalf of the Office of the Inspector General, shall submit the recommended budget to the Board of Estimates in a timely manner in order for the recommended budget to be considered for inclusion in the Ordinance of Estimates.</para>
      </para>
      <para num="(d)" heading="Funding.">The Office of the Inspector General shall be funded annually in the Ordinance of Estimates.</para>
      <annotation type="History">Res. 18-008, ratified Nov. 6, 2018</annotation>
      <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
    </section>
    <section prefix="§" num="6" heading="Office of Inspector General:  Administration and Operation.">
      <para num="(a)" heading="Staff.">The Inspector General may appoint such other employees to assist in the conduct of the Office as may be provided in the Ordinance of Estimates.</para>
      <para num="(b)" heading="Deputy Inspector General.">The Inspector General shall appoint a Deputy Inspector General, who shall serve as the Acting Inspector General if the Inspector General is absent or unavailable for duty.</para>
      <para num="(c)" heading="Administrative and operational procedures.">The administrative and operational procedures of the Office may be established by law or by rule or regulation adopted by the Inspector General.</para>
      <annotation type="History">Res. 18-008, ratified Nov. 6, 2018</annotation>
      <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
    </section>
    <section prefix="§" num="7" heading="Office of Inspector General:  Transition Provisions.">
      <para num="(a)" heading="Incumbent Inspector General.">The individual holding the position of Inspector General of the City of Baltimore in the Law Department on November 6, 2018, will assume the position of Inspector General created by &lt;cite data-path="X"&gt;this Article&lt;/cite&gt; on the date &lt;cite data-path="X"&gt;this Article&lt;/cite&gt; goes into effect.</para>
      <para num="(b)" heading="Initial term .">The 6 year term of the Inspector General who assumes office under the provisions of &lt;cite data-path="X"&gt;this Article&lt;/cite&gt; runs from the effective date of &lt;cite data-path="X"&gt;this Article&lt;/cite&gt;.</para>
      <annotation type="History">Res. 18-008, ratified Nov. 6, 2018</annotation>
      <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
    </section>
  </container>
  <container prefix="Article" num="XI" heading="Charter Review Commission">
    <section prefix="§" num="1" heading="Commission established.">
      <para num="(a)" heading="In general.">A Charter Review Commission shall be established decennially in accordance with &lt;cite data-path="XI"&gt;this article&lt;/cite&gt; by resolution of the Mayor and City Council no later than May 1 in the first odd-numbered year of each decade.</para>
      <para num="(b)" heading="Interim commissions.">Notwithstanding &lt;cite data-path="XI|§1|(a)"&gt;subsection (a) of this section&lt;/cite&gt;, a Charter Review Commission may be established in accordance with &lt;cite data-path="XI"&gt;this article&lt;/cite&gt; by resolution of the Mayor and City Council no later than May 1 in any year that precedes a congressional election.</para>
      <para num="(c)" heading="Initial commission.">The first Commission under &lt;cite data-path="XI"&gt;this article&lt;/cite&gt; shall be established no later than May 1, 2021.</para>
      <annotation type="History">Res. 20--018, ratified Nov. 3, 2020</annotation>
    </section>
    <section prefix="§" num="2" heading="Term.">
      <para num="(a)" heading="In general.">A Charter Review Commission established in accordance with &lt;cite data-path="XI"&gt;this article&lt;/cite&gt; shall complete its duties and submit its work to the Mayor and City Council no later than May 31 in the year following its establishment.</para>
      <para num="(b)" heading="Dissolution.">On completion and submission of its work to the Mayor and City Council, the Commission shall be deemed dissolved.</para>
      <annotation type="History">Res. 20--018, ratified Nov. 3, 2020</annotation>
    </section>
    <section prefix="§" num="3" heading="Composition.">
      <para num="(a)" heading="In general.">The Commission shall be composed as specified in &lt;cite data-path="XI|§3"&gt;this section&lt;/cite&gt; of registered voters of the City appointed without regard to political affiliation.</para>
      <para num="(b)" heading="Manner of appointment.">The Mayor, the President of the City Council, and the Comptroller shall each appoint 3 members to the Commission.  Each member of the City Council shall appoint 1 member to the Commission.</para>
      <para num="(c)" heading="Ineligibility of elected officials .">No person holding elective office may be appointed to the Commission.</para>
      <para num="(d)" heading="Chair and vice chair.">The Commission shall elect a chair and a vice chair from among its members.</para>
      <para num="(e)" heading="Advisory committees; Staff.">
        <para num="(1)">Advice and technical assistance shall be provided to the Commission by:<para num="(i)">the City Solicitor or the Solicitor’s designee;</para>
          <para num="(ii)">the Director of Legislative Reference or the Director’s designee;</para>
          <para num="(iii)">the General Counsel to the City Council;</para>
          <para num="(iv)">the Director of the Office of Council Services or the Director’s designee; and</para>
          <para num="(v)">the Deputy Comptroller or the Deputy Comptroller’s designee.</para>
        </para>
        <para num="(2)">At the discretion of the Commission, advisory committees may be appointed to assist the Commission in its duties.</para>
      </para>
      <annotation type="History">Res. 20--018, ratified Nov. 3, 2020</annotation>
    </section>
    <section prefix="§" num="4" heading="Duties.">
      <para num="(a)" heading="In general.">The Commission shall review the Charter, undertake a comprehensive study of its contents, and make findings and recommendations as to the necessity for deleting, adding, or amending its provisions in order to improve the efficiency and operations of City government.</para>
      <para num="(b)" heading="Public hearing and testimony.">Prior to delivering its report to the Mayor and the City Council, the Commission shall hold at least 1 public hearing to receive public testimony about the work of the Commission.</para>
      <annotation type="History">Res. 20--018, ratified Nov. 3, 2020</annotation>
    </section>
    <section prefix="§" num="5" heading="Report to the Mayor and City Council.">
      <para num="(a)" heading="In general.">The Commission shall deliver a written report of its findings and recommendations to the Mayor and the City Council.</para>
      <para num="(b)" heading="Public hearing.">The City Council shall hold a public hearing at which the Commission shall present its report and recommendations.</para>
      <annotation type="History">Res. 20--018, ratified Nov. 3, 2020</annotation>
    </section>
    <section prefix="§" num="6" heading="Dissolution.">
      <text>On completing the activities required in §5 of &lt;cite data-path="XI"&gt;this article&lt;/cite&gt;, the Commission shall be deemed dissolved and its work completed.</text>
      <annotation type="History">Res. 20--018, ratified Nov. 3, 2020</annotation>
    </section>
  </container>
</baltimore-city-law>
