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<baltimore-city-law heading="Subtitle 8 – Waterfront Management District">
  <section prefix="§" num="8-1" heading="Findings.">
    <para num="(a)" heading="Importance of Inner Harbor and Waterfront.">
      <para num="(1)">The Inner Harbor of the Patapsco River is the civic, financial, and symbolic heart of Baltimore City.</para>
      <para num="(2)">The area fronting on the Inner Harbor (the “Waterfront”) is home to many of Baltimore’s largest employers.</para>
      <para num="(3)">The Inner Harbor is the center of tourism for the City and State, attracting over 12 million visitors a year.  It was the development of the Inner Harbor that first spawned the creation of a tourism industry in Baltimore, now considered to be the Baltimore area’s seventh largest employer.</para>
      <para num="(4)">The Waterfront is an important part of the City’s tax base; the Inner Harbor alone contributed over $60 million in tax revenues to the City in 2005.</para>
      <para num="(5)">The Waterfront is the site of some of the region’s largest real estate investments and, as a result of the location and quality of development, many office tenants and residents are relocating here from outside the City.</para>
      <para num="(6)">The Waterfront is a critical link to the long term health of the City and region.</para>
    </para>
    <para num="(b)" heading="Opportunities facing City.">
      <para num="(1)">The Waterfront is undeniably a tremendous asset to the region.  Still, to remain competitive as a destination, the Waterfront must be on a par with first-class destinations around the world.</para>
      <para num="(2)">A study conducted by the Greater Baltimore Committee in 2005 concluded that “the Inner Harbor suffered from a complete lack of focus and attention to the quality of its facilities, supervision of responsibilities, and maintenance of the integrity of the harbor and its activities”.</para>
      <para num="(3)">More specifically, the study focused on two key deficiencies: (i) the lack of a single person, government, or quasi-governmental entity that is charged with the specific oversight of the management and operation of the Harbor; and (ii) the lack of money or the influence to secure the needed manpower and equipment resources necessary to maintain the care and upkeep of the Inner Harbor properly.</para>
      <para num="(4)">In 2006, a Task Force recommended that a business improvement or special benefits district be created that would advocate for, participate in, and financially support City and private sector efforts to create and maintain a world-class system of public and private parks, promenades, and open spaces in the Inner Harbor.</para>
      <para num="(5)">In order to establish the Waterfront as a world-class destination, additional steps must be taken to create a consistently clean, attractive, easy to navigate, and appealing experience for residents, workers, and visitors along Baltimore’s waterfront area.</para>
    </para>
    <para num="(c)" heading="Special Benefit Districts.">
      <para num="(1)">A special benefit district is a mechanism by which property owners within a defined area can agree to impose additional taxes and charges on themselves in order to provide enhanced and supplemental public services.</para>
      <para num="(2)">Critical to the success of a benefit district is the creation of a partnership between the public and private sector, with the public sector committing to maintain services at specified levels and the private sector agreeing to accept new taxes and charges for the purpose of supplementing public services.</para>
      <para num="(3)">This kind of a district in Baltimore cannot be successful without the full cooperation of the City, the State of Maryland, and the various private property owners within the district.</para>
    </para>
    <para num="(d)" heading="Council considerations.">
      <para num="(1)">The City Council has considered the materials presented that reflect the compelling reasons for creation of a special benefits district.</para>
      <para num="(2)">The Council has considered the comments and suggestions of property owners, retail merchants, hotel operators and owners, office property tenants, service providers, and neighborhood organizations that represent interests along the Waterfront area.</para>
      <para num="(3)">The Council has considered the fact that, while the Waterfront Partnership of Baltimore, Inc., has operated successfully along the waterfront for approximately 18 months and has provided noticeable improvements to the attractiveness of the Waterfront and the overall experience for visitors to the Waterfront, the ability to provide a consistent set of services and to maintain a high quality standard requires a consistent and reliable funding stream.  The assessment system for a benefit district provides an uncomplicated, direct and fair funding process.</para>
      <para num="(4)">The Council has given consideration to and made the findings required by &lt;cite data-doc="City of Baltimore, Md., Charter" data-path="II|§63"&gt;City Charter Article II, § 63&lt;/cite&gt;.</para>
    </para>
    <annotation type="History">Ord. 07-417</annotation>
  </section>
  <section prefix="§" num="8-2" heading="District created; boundaries.">
    <para num="(a)" heading="In general.">
      <para num="(1)">There is a community benefits district, to be known as the Waterfront Management District (the “District”), within the following boundaries:<para num="(i)">Beginning for the same at the point formed by the intersection of the east side of Light Street, varying in width, and the south side of Pratt Street, 65 feet wide, and running thence binding on the south side of said Pratt Street, Easterly 329.1 feet, more or less, to intersect the west side of Calvert Street, varying in width; thence binding on the west side of said Calvert Street, the two following courses and distances; namely, Southerly 11.1 feet, more or less and Southerly by a line curving to the right with a radius of 300.00 feet the distance of 10.6 feet, more or less, to intersect the line of the south side of Pratt Street, 86 feet wide, if projected westerly; thence binding reversely in part on the line of the south side of last said Pratt Street, so projected, in part on the south side of last said Pratt Street, and in all, Easterly 989.5 feet, more or less, to intersect the west side of Pratt Street, 101 feet wide; thence binding on the west side of last said Pratt Street, Southerly 15.0 feet, more or less, to intersect the south side of last said Pratt Street; thence binding on the south side of last said Pratt Street, Easterly 1093.5 feet, more or less, to the south side of Pratt Street, varying in width; thence binding on the south side of last said Pratt Street, the three following courses and distances; namely, Easterly 101.6 feet, more or less, Easterly 40.6 feet, more or less, and Easterly 57.4 feet, more or less, to intersect the southwest side of President Street, varying in width; thence binding on the southwest and west sides of said President Street, the eleven following courses and distances; namely, Southeasterly by a line curving to the right with a radius of 10.00 feet the distance of 15.1 feet, more or less, Southeasterly by a line curving to the left with a radius of 11,478.66 feet the distance of 36.1 feet, more or less, Southeasterly 568.7 feet, more or less, Southeasterly 76.2 feet, more or less, Southeasterly 63.0 feet, more or less, Southeasterly 55.5 feet, more or less, Southeasterly 58.5 feet, more or less, Southerly 57.5 feet, more or less, Southerly 56.0 feet, more or less, Southerly 25.2 feet, more or less, and Southerly 71.9 feet, more or less, to intersect the south side of Fleet Street, 70 feet wide; thence binding on the south side of said Fleet Street, Easterly 969.5 feet, more or less, to intersect the west side of Central Avenue, 100 feet wide; thence binding on the west side of said Central Avenue, Southerly 372.2 feet, more or less, to intersect the south side of Aliceanna Street, 70 feet wide; thence binding on the south side of said Aliceanna Street, Easterly 700.0 feet, more or less, to intersect the west side of Caroline Street, 80 feet wide; thence binding on the west and southwest sides of said Caroline Street, the two following courses and distances; namely, Southerly 721.9 feet, more or less, and Southeasterly 545.2 feet, more or less, to intersect the southeast side of Thames Street, 60 feet wide; thence binding on the southeast side of said Thames Street, the four following courses and distances; namely, Northeasterly 127.8 feet, more or less, Northeasterly 261.2 feet, more or less, Northeasterly 89.3 feet, more or less, Northeasterly 189.9 feet, more or less; thence by a straight line , Southeasterly 649.2 feet, more or less, to intersect the Pierhead and Bulkhead Line of the Northwest Branch of the Patapsco River, there situate; thence binding on the said Pierhead and Bulkhead Line of the Northwest Branch of the Patapsco River, the ten following courses and distances; namely, Southwesterly 687.0 feet, more or less, Southwesterly 487.3 feet, more or less, Northwesterly 532.9 feet, more or less, Northwesterly 402.5 feet, more or less, Northwesterly 1018.7 feet, more or less, Northerly 424.3 feet, more or less, Northwesterly 1119.4 feet, more or less, Northwesterly 851.6 feet, more or less, Southerly 731.5 feet, more or less, and Southeasterly 643.8 feet, more or less, to intersect the line of the east outline of Rash Field, if projected northerly; thence binding reversely in part on the line of the east outline of said Rash Field, so projected in part on the east outline of said Rash Field, and in all, Southerly 382.3 feet, more or less, to intersect the north side of Key Highway, 66 feet wide; thence binding on the north and northeast sides of said Key Highway, the six following courses and distances; namely, Westerly 597.8 feet, more or less, Westerly by a line curving to the right with a radius of 1,138.51 feet the distance of 145.6 feet, more or less, Westerly 131.8 feet, more or less, Westerly by a line curving to the left with a radius of 1,153.330 feet the distance of 7.4 feet, more or less, Westerly 482.8 feet, more or less, and Northwesterly by a line curving to the right with a radius of 84.00 feet the distance of 132.0 feet, more or less, to intersect the east side of Light Street, 159 feet wide; thence binding on the east side of last said Light Street, the three following courses and distances; namely, Northerly 898.4 feet, more or less, Northerly 357.5 feet, more or less, and Northerly 211.4 feet, more or less; thence by a straight line, Northwesterly 172.3 feet, more or less, to intersect the east side of Light Street, mentioned firstly herein, and thence binding on the east side of said Light Street, mentioned firstly herein, Northerly 394.2 feet, more or less, to the place of beginning.  Containing 7,884,000.8 square feet, more or less, or 181.0 acres of land, more or less; and</para>
        <para num="(ii)">Beginning at the southwest corner of the intersection of southbound South President Street and Eastern Avenue and running east along the south side of Eastern Avenue to the southwest corner of the intersection of Eastern Avenue and South Caroline Street; then running south along the west side of South Caroline Street to the southwest corner of the intersection of South Caroline Street and Aliceanna Street; then running west along the south side of Aliceanna street to the southwest corner of the intersection of Aliceanna Street and South Central Avenue; then running north along the west side of South Central Avenue to the southwest corner of the intersection of South Central Avenue and Fleet Street; then running west along the south side of Fleet Street to the southwest corner of the western most intersection of Fleet Street and southbound South President Street, then north along the west side of the western most section of southbound South President Street to the beginning point at the southwest corner of the intersection of southbound South President Street and Eastern Avenue – comprising City Blocks 1439, 1440, 1441, 1442, 1443, 1804, and 1805 in their entireties; and</para>
        <para num="(iii)">Block 1818, as bounded by Lancaster Street to the North, South Bond Street to the east, Thames Street to the south, and South Caroline Street to the west, but limited exclusively to the individual lots 030, 030A, 043D, 044A, 044B, 044C, 044D, 044E, 055, and 057; and</para>
        <para num="(iv)">Beginning at the southwest corner of the intersection of South Bond Street and Thames Street and running east along Thames Street to include properties on the north and south side of Thames Street to South Broadway; then running north to include properties facing South Broadway on the east side of South Broadway to Eastern Avenue; and including properties facing Aliceanna Street on the north and south sides of Aliceanna Street between South Broadway and South Bethel Streets; and including properties on the north side and south side facing Fleet Avenue between South Bethel Street and South Broadway; and including properties on the north and south sides facing Eastern Avenue between South Bond Street and South Broadway; and including properties on the north and south sides of Eastern Avenue facing Eastern Avenue between South Broadway and South Register; then running south along South Broadway to Aliceanna Street including all properties facing South Broadway on the east side of South Broadway; and including properties on the west side of South Regester street facing South Regester street between Eastern Avenue and Aliceanna Street; and including properties on the north side and south side facing Fleet Street between South Regester Street and South Broadway; and including properties on the north side of Aliceanna Street between South Broadway and South Regester Street; then running East along Aliceanna Street to South Chester Street including properties on the south side of Aliceanna Street except those properties excluded as shown in the Block Plat map detail attached to Ordinance 17-039; then running south on South Chester Street to the water line of the Harbor; then running generally west following the Harbor to the southwest point of South Broadway Street adjoining to Thames Street facing properties; and including all properties enclosed by these boundaries except those properties excluded as shown in the Block Plat map details attached to Ordinance 17-039.</para>
      </para>
      <para num="(2)">The boundaries of the District are as shown on map dated May 22, 2017, and, in greater detail, on the accompanying Block Plats, as attached to Ordinance 17-039.</para>
    </para>
    <para num="(b)" heading="Properties in 2 or more districts.">If boundary descriptions result in a property’s being located in 2 or more community benefit districts, then the property is considered to be contained in the first community benefit district created.</para>
    <annotation type="History">Ord. 07-417</annotation>
    <annotation type="History">Ord. 15-433</annotation>
    <annotation type="History">Ord. 17-039</annotation>
    <annotation type="Editor's Notes">
          Ordinance 17-039 amended subsection (a) to extend the District to include the areas described in ¶ (1)(iv).  Section 3 of that Ordinance provides that this amendment
          is contingent on a successful referendum, to be conducted substantially in accordance with the requirements of City Code &lt;cite data-path="|14|§8-15"&gt;Article 14, § 8-15 {“Election approval process”}&lt;/cite&gt;, but with participation limited to the owners of the properties being added to the District.
        </annotation>
  </section>
  <section prefix="§" num="8-3" heading="Authority created.">
    <para num="(a)" heading="Authority created.">There is a Waterfront Management Authority, referred to in this subtitle as the “Authority”.</para>
    <para num="(b)" heading="Purpose.">The purpose of the Authority is to:<para num="(1)">promote and market the District;</para>
      <para num="(2)">provide supplemental security and maintenance services;</para>
      <para num="(3)">provide amenities in public areas;</para>
      <para num="(4)">provide park and recreational programs and functions; and</para>
      <para num="(5)">provide other services and functions as may be requested by the Authority and approved by an ordinance of the Mayor and City Council.</para>
    </para>
    <annotation type="History">Ord. 07-417</annotation>
  </section>
  <section prefix="§" num="8-4" heading="Powers and functions of Authority.">
    <para num="(a)" heading="Governmental body.">To the greatest extent allowable by law, the Authority is and shall be deemed to be a special taxing district and, therefore, a governmental body, both politic and corporate, exercising only those powers as are provided for in this subtitle.</para>
    <para num="(b)" heading="Authorized actions.">
      <para num="(1)">The Authority may acquire, hold, and use both real and personal property as necessary to achieve its purposes, including acquisition by purchase, lease, or other means.</para>
      <para num="(2)">The Authority may engage the services of an administrator (the “Administrator”), who may be an individual or an entity, to administer the programs and undertakings of the Authority.</para>
      <para num="(3)">The Authority may sue and be sued.  However, the District, the Authority, its Board of Directors, and its Administrator 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 bodies.</para>
      <para num="(4)">The Authority may accept grants.</para>
      <para num="(5)">The Authority may borrow funds for purposes consistent with the public purposes of the Authority.  However, no borrowing may be for a term beyond the date for the District’s renewal under &lt;cite data-path="|14|§8-16"&gt;§ 8-16 of this subtitle&lt;/cite&gt;;</para>
      <para num="(6)">The Authority shall adopt an annual budget and impose, charge, and collect the taxes or charges on benefitted properties within the District, as authorized by &lt;cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(63)"&gt;City Charter Article II, § (63)&lt;/cite&gt; and this subtitle.</para>
      <para num="(7)">The Authority may create and enter into partnerships between it and various property owners.  These partnerships may provide for the provision of permitted services and benefits by the Authority in exchange for payments arranged by contract, donation, gift, services in kind, or other mechanism by which funds or benefits are provided to the Authority.</para>
      <para num="(8)">The Authority may establish and elect officers not already provided for in this subtitle and provide for their terms and duties.</para>
      <para num="(9)">The Authority may contract for and purchase goods and services, without having to comply with City requirements governing wage scales, competitive bidding, or other procurement matters.  However, the Authority nonetheless shall be subject to applicable ordinances regarding City policy on encouraging and achieving goals for participation of minority and women’s business enterprises in the contracting activities.</para>
      <para num="(10)">Subject to the approval of the Board of Estimates, the Authority may adopt, amend, and modify bylaws, consistent with &lt;cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(63)"&gt;City Charter Article II, § (63)&lt;/cite&gt; and this subtitle.</para>
      <para num="(11)">The Authority may implement its programs and goals directly through its employees or through 1 or more contracts.  These contracts may be with independent contractors or contractual employees.</para>
      <para num="(12)">The Authority may assist in the leasing, marketing, and promotional activities within the District, to the extent those activities are approved by the governing Board of the Authority.</para>
      <para num="(13)">The Authority may appoint, hire, or engage auditors, accountants, attorneys, assistants, aides, employees, and advisors as it considers necessary for the proper performance of its duties, but consistent with this subtitle.</para>
      <para num="(14)">The Authority may do all other things necessary or convenient to carry out its goals, objectives, and powers.</para>
    </para>
    <annotation type="History">Ord. 07-417</annotation>
  </section>
  <section prefix="§" num="8-5" heading="Limitations on Authority.">
    <para num="(a)" heading="Not agency of City or State.">
      <para num="(1)">The Authority is not and may not be deemed to be an agency of the Mayor and City of Baltimore or of the State of Maryland.</para>
      <para num="(2)">The officers and employees of the Authority are not and may not act as agents or employees of the Mayor and City of Baltimore or the State of Maryland.</para>
    </para>
    <para num="(b)" heading="Unauthorized actions.">
      <para num="(1)">The Authority may not exercise any police or general powers other than those authorized by State law and City ordinance.</para>
      <para num="(2)">The Authority may not pledge the full faith or credit of the City.</para>
      <para num="(3)">The Authority may not levy any taxes against properties that are exempt under State law from ordinary property taxes.</para>
      <para num="(4)">The Authority may not impose any taxes or charges in excess of those approved by the Board of Estimates.</para>
      <para num="(5)">The Authority may not exercise the power of eminent domain.</para>
      <para num="(6)">The Authority may not extend its life without the approval of the City Council.</para>
      <para num="(7)">Except as otherwise provided by law, the Authority may not engage in competition with the private sector.</para>
      <para num="(8)">Except as otherwise provided in &lt;cite data-path="|14|§8-17"&gt;§ 8-17 of this subtitle&lt;/cite&gt;, the Authority may not revert charges or taxes collected under this subtitle to the General Fund of the City.</para>
      <para num="(9)">The Authority may not employ individuals who reside outside of the City.</para>
      <para num="(10)">Except as required or appropriate to facilitate its normal operations, The Authority may not incur debt.</para>
      <para num="(11)">The Authority may not exercise any power specifically withheld by the terms of either this subtitle or, if more restrictive, &lt;cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(63)"&gt;City Charter Article II, § (63)&lt;/cite&gt;.</para>
    </para>
    <para num="(c)" heading="Interpretation of powers.">The powers of the Authority shall be broadly interpreted to allow the Authority to achieve the goals of &lt;cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(63)"&gt;City Charter Article II, § (63)&lt;/cite&gt;, including the provision of supplementary security and maintenance services, the promotion and marketing of the District, and the provision of amenities in public areas.</para>
    <annotation type="History">Ord. 07-417</annotation>
  </section>
  <section prefix="§" num="8-6" heading="Board of Directors.">
    <para num="(a)" heading="In general.">The Authority shall be governed by and administered through a Board of Directors (the “Board”).</para>
    <para num="(b)" heading="Number and appointment.">
      <para num="(1)">The number of voting members of the full Board may not be less than 13, excluding vacancies, nor more than 25.</para>
      <para num="(2)">The Board has full authority to increase or decrease its membership, within the limits specified in this subsection.</para>
    </para>
    <para num="(c)" heading="Composition.">
      <para num="(1)">Of the voting members of the Board:<para num="(i)">1 shall be appointed by the Mayor;</para>
        <para num="(ii)">1 shall be a Councilmember appointed by the President of the City Council; and</para>
        <para num="(iii)">at least 3 shall be representatives selected from among various businesses, organizations, and residents in the District.</para>
      </para>
      <para num="(2)">At all times, at least ⅔ of the Board must be representatives of property owners subject to the tax imposed by this subtitle.  These must be so designated by the Board and entered into the minutes of the Authority.</para>
      <para num="(3)">Consistent with the encouragement of partnerships between the Authority and property owners exempt from the tax imposed by this subtitle, the Board is encouraged to consider representation of those partners on the Board.</para>
    </para>
    <para num="(d)" heading="Terms to be staggered.">The terms of the members are staggered as required by the terms of the members first appointed.</para>
    <para num="(e)" heading="Exercise of Authority powers.">All powers of the Authority are exercised by and through the Board, unless delegated by the Board to 1 or more officers of the Board or to the Administrator.</para>
    <para num="(f)" heading="Bylaws, rules, and regulations.">
      <para num="(1)">The Board may adopt bylaws, rules, and regulations as it considers necessary to carry out the powers of the Authority.  However, these bylaws, rules, and regulations may not be inconsistent with the terms of this subtitle or of &lt;cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(63)"&gt;City Charter Article II, § (63)&lt;/cite&gt;.</para>
      <para num="(2)">All bylaws are subject to the approval of the Board of Estimates.</para>
      <para num="(3)">The Board may establish its own procedures relating to the internal administration of the Authority, except as may be restricted by &lt;cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(63)"&gt;City Charter Article II, § (63)&lt;/cite&gt; or this subtitle.</para>
    </para>
    <para num="(g)" heading="Officers.">
      <para num="(1)">The Board shall select from among its members individuals to serve as the chair, vice-chair, treasurer, and secretary of the Authority.</para>
      <para num="(2)">These officers serve at the pleasure of the Board.</para>
      <para num="(3)">The Board may delegate to these officers those responsibilities that the Board considers appropriate.</para>
    </para>
    <annotation type="History">Ord. 07-417</annotation>
    <annotation type="History">Ord. 15-433</annotation>
  </section>
  <section prefix="§" num="8-7" heading="Annual Financial Plan.">
    <para num="(a)" heading="Board to adopt.">The Board shall adopt an annual financial plan (the “Financial Plan”), based on the City’s fiscal year, consisting of at least a budget and a proposed schedule of taxes or charges to be imposed throughout the District.</para>
    <para num="(b)" heading="Public hearing.">Before adopting the Financial Plan, the Board shall arrange for a public hearing on the proposed Plan.  Notice of the hearing must be published in a newspaper of general circulation in Baltimore City at least once a week for 3 consecutive weeks.</para>
    <para num="(c)" heading="Board of Estimates approval required.">The Authority may not approve a Financial Plan that includes taxes or charges in excess of those approved by the Board of Estimates.</para>
    <annotation type="History">Ord. 07-417</annotation>
  </section>
  <section prefix="§" num="8-8" heading="Supplemental Tax.">
    <para num="(a)" heading="Board of Estimates to determine assessable base.">
      <para num="(1)">The Board of Estimates shall obtain from the Director of Finance the “assessable base” of the District, which shall constitute a listing by property and a calculation of the sum of assessments on properties subject to the Supplemental Tax.</para>
      <para num="(2)">Properties subject to the tax shall include all properties within the District except:<para num="(i)">residential units in a condominium building, whether or not the units are owner-occupied;</para>
        <para num="(ii)">all other buildings used exclusively for residential purposes, other than a building that contains 4 or more residential rental units;</para>
        <para num="(iii)">properties containing 4 or fewer residential units, with a non-residential use on the ground or first level only, if the property owner can document, in the manner approved by the Board of Estimates, that the owner:<para num="(A)">operates the non-residential use; and</para>
          <para num="(B)">occupies a residential portion of the property as their primary residence; and</para>
        </para>
        <para num="(iv)">properties otherwise exempt under:<para num="(A)">this subtitle;</para>
          <para num="(B)">&lt;cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(63)"&gt;City Charter Article II, § (63)&lt;/cite&gt;; or</para>
          <para num="(C)">any other applicable law.</para>
        </para>
      </para>
      <para num="(3)">The Board of Estimates shall determine with finality the assessable base on which the Supplemental Tax will be based.</para>
    </para>
    <para num="(b)" heading="Assessment; collection; enforcement.">
      <para num="(1)">Funding for Authority operations shall be provided by a supplemental property tax (the “Supplemental Tax”) on the assessable base of the District as determined under subsection (a) of this section.</para>
      <para num="(2)">The Supplemental Tax shall be assessed and collected in conjunction with the property taxes assessed and collected by the City (the “Regular Tax”), unless otherwise established by the Board of Estimates.</para>
      <para num="(3)">Except as otherwise provided in this subtitle:<para num="(i)">the Supplemental Tax shall be enforced in the same way as the Regular Tax is enforced;</para>
        <para num="(ii)">all provisions that apply to assessments, refunds, collections, and enforcement of the Regular Tax apply to the Supplemental Tax; and</para>
        <para num="(iii)">credits that apply to the Regular Tax do not apply to the Supplemental Tax unless otherwise specifically provided by Ordinance.</para>
      </para>
    </para>
    <para num="(c)" heading="Determination of tax.">The Supplemental Tax rate shall be determined as follows:<para num="(1)">Any increase in the rate of the Supplemental Tax must be approved by a majority of the Board’s voting members.</para>
      <para num="(2)">For the first full budget year, the rate of the Supplemental Tax shall be set to raise revenues equal to the costs of the Financial Plan.</para>
      <para num="(3)">For any year after the first full budget year, the rate of the Supplemental Tax may be adjusted to yield revenues equal to the costs of the Financial Plan.  That rate, however, may not be increased by more than 10% a year unless the increase is approved by 80% or more of the property-owner representatives on the Board.</para>
    </para>
    <para num="(d)" heading="Exemption for public service companies.">Exempt from the Supplemental Tax are the poles, conduits, tunnels, pipe lines, manholes, and other similar surface or subsurface structures, including their equipment, owned and controlled by a public service corporation, located on, over, or under streets, alleys, or other public ways or lands, the construction of which is authorized by the City, and the installation of which is regulated and supervised by the Department of Transportation.</para>
    <annotation type="History">Ord. 07-417</annotation>
    <annotation type="History">Ord. 09-132</annotation>
    <annotation type="History">Ord. 15-435</annotation>
    <annotation type="History">Ord. 17-039</annotation>
    <annotation type="History">Ord. 18-143</annotation>
  </section>
  <section prefix="§" num="8-9" heading="Other charges.">
    <para num="(a)" heading="Property subject to Supplemental Tax.">
      <para num="(1)">Properties that are subject to the Supplemental Tax are not required to pay any other charges or fees for services generally provided within the District by the Authority.</para>
      <para num="(2)">However, the Authority may impose charges and fees for any special services requested by and performed for 1 or more property owners.</para>
    </para>
    <para num="(b)" heading="Others.">With the approval of the Board of Estimates, the Board may establish other fees and charges for specific services performed:<para num="(1)">within the District;</para>
      <para num="(2)">within areas adjoining the District;</para>
      <para num="(3)">for properties and owners not subject to the Supplemental Tax; and</para>
      <para num="(4)">in conjunction with partnerships encouraged by this subtitle.</para>
    </para>
    <annotation type="History">Ord. 07-417</annotation>
  </section>
  <section prefix="§" num="8-10" heading="Baseline City services.">
    <para num="(a)" heading="Agreement to maintain.">Before imposing and collecting the Supplemental Tax, the Authority shall enter into a memorandum of understanding with the Mayor regarding the level of services to be maintained by the City as the City’s partnership obligation to the Authority and the District’s taxpayers.</para>
    <para num="(b)" heading="Scope of agreement.">This memorandum of understanding shall:<para num="(1)">describe the existing levels of service within the District;</para>
      <para num="(2)">commit the City to the maintenance of those levels of service; and</para>
      <para num="(3)">outline the further undertakings of the City in response to the initiative represented by the creation of the District (the “Baseline Plus”).</para>
    </para>
    <para num="(c)" heading="Governing principles.">The maintenance of existing services shall be governed by 2 principles:<para num="(1)">Those services may not be decreased except:<para num="(i)">as part of an overall decrease in services necessitated by changes in funding, policy, or resources; and</para>
        <para num="(ii)">only in proportion to the decreases implemented elsewhere in the City.</para>
      </para>
      <para num="(2)">Any increase in services generally throughout the City shall be matched with increases in those services within the District, in proportion to the increases implemented elsewhere in the City.</para>
    </para>
    <annotation type="History">Ord. 07-417</annotation>
  </section>
  <section prefix="§" num="8-11" heading="Partnerships.">
    <para num="(a)" heading="Authority encouraged to create.">The Authority is authorized and encouraged to enter into partnerships with the property owners and users within the District and adjoining areas that are not subject to the Supplemental Tax (“Exempt Partners”) (including the Friends of Federal Hill Inc.) for the purpose of furthering the broad objectives of improving and enhancing public services throughout the District and in adjoining areas.</para>
    <para num="(b)" heading="Specific powers.">In furtherance of that objective, the Authority may:<para num="(1)">contract to provide varying levels of services to areas adjoining the District;</para>
      <para num="(2)">agree to accept donations, contributions, and voluntary payments of any kind from Exempt Partners (collectively, “Voluntary Payments”), with or without agreements regarding specific services and functions;</para>
      <para num="(3)">enter into agreements with Exempt Partners to include property owned by those Exempt Partners within the District in return for Voluntary Payments or commitments regarding the provision of similar services and functions within properties owned by Exempt Partners; and</para>
      <para num="(4)">establish rates and charges for the provision of services to Exempt Partners.</para>
    </para>
    <annotation type="History">Ord. 07-417</annotation>
  </section>
  <section prefix="§" num="8-12" heading="Collection and disbursement.">
    <para num="(a)" heading="In general.">The Authority shall establish with the appropriate City agencies the methods by which the Supplemental Tax is to be assessed, collected, and disbursed to the Authority.</para>
    <para num="(b)" heading="Funds not part of City revenue.">Amounts collected by the City on behalf of the Authority:<para num="(1)">may not be included in the revenues of the City;</para>
      <para num="(2)">are not and may not be deemed to be subject to the budgetary and appropriation process; and</para>
      <para num="(3)">shall be disbursed promptly on collection.</para>
    </para>
    <para num="(c)" heading="City to bear expense of collection, etc.">As part of the City’s contribution to the District, the collection, assessment, disbursement, record-keeping, and enforcement involved in the process may not be a charge to or against the Authority or the District, but shall be an element of the Baseline Plus.</para>
    <para num="(d)" heading="Department of Finance authorized to collect.">
      <para num="(1)">The Department of Finance may collect the Supplemental Tax and other charges as are approved by the Board of Estimates.</para>
      <para num="(2)">The assessment for the Supplemental Tax may be included with the annual real property tax bill submitted to the owners of properties within the District.</para>
      <para num="(3)">The Department of Finance shall make regular remittances of the amounts collected to the Board of the Authority.</para>
    </para>
    <para num="(e)" heading="Penalties and interest.">The penalties and interest applicable to delinquent taxes shall be applied to delinquencies in payment of the Supplemental Tax.</para>
    <para num="(f)" heading="Lien on property.">
      <para num="(1)">The amount of any outstanding assessment on any property and of accrued interest and other charges constitutes a lien on the property.</para>
      <para num="(2)">This lien:<para num="(i)">takes precedence over all other liens, whether created before or after the assessment, commensurate with a lien for state and county taxes, general municipal taxes, and prior improvement assessments; and</para>
        <para num="(ii)">may not be defeated or postponed by any private or judicial sale, by any mortgage, or by any error or mistake in the description of the property or in the names of the owners.</para>
      </para>
      <para num="(3)">No error in the proceedings of the City or the Board exempts any property from the lien, from its payment, or from the penalties or interest on it.</para>
    </para>
    <annotation type="History">Ord. 07-417</annotation>
  </section>
  <section prefix="§" num="8-13" heading="Administrator.">
    <para num="(a)" heading="In general.">The Administrator is responsible for the day-to-day operations of the Board and its employees and contractors.</para>
    <para num="(b)" heading="Powers.">The Administrator may:<para num="(1)">prepare the Financial Plan for review and approval by the Board;</para>
      <para num="(2)">implement the approved Financial Plan and arrange for the collection and disbursement of the Supplemental Tax and all other charges, fees, and revenues of the Authority;</para>
      <para num="(3)">establish procedures and processes necessary to perform the functions called for under the Financial Plan and the budget;</para>
      <para num="(4)">hire and retain employees, agents, and contractors as needed to perform the Administrator’s functions for the Authority, subject to &lt;cite data-path="|14|§8-4|(b)|(9)"&gt;§ 8-4(b)(9) of this subtitle&lt;/cite&gt;;</para>
      <para num="(5)">exercise the powers granted to the Authority by this subtitle, except that the Board retains final discretion and power with regard to all substantive agreements, contracts, and other arrangements binding on the Authority; and</para>
      <para num="(6)">exercise the additional rights, powers, and authority granted to the Administrator by the Board.</para>
    </para>
    <para num="(c)" heading="Immunity.">The Administrator is the direct agent of the Authority, so that any immunity afforded to the Authority and its officers, employees, and agents, is afforded as well to the Administrator.</para>
    <annotation type="History">Ord. 07-417</annotation>
  </section>
  <section prefix="§" num="8-14" heading="Oversight by Board of Estimates.">
    <para num="(a)" heading="In general.">The Board of Estimates has the following powers with regard to the District and the Authority.</para>
    <para num="(b)" heading="Financial Plan; rates and charges.">
      <para num="(1)">The Financial Plan and the schedule of rates and charges are subject to the approval of the Board of Estimates.</para>
      <para num="(2)">The Board of the Authority shall submit all materials at least 2 months before the proposed effective date of a budget or Supplemental Tax.</para>
      <para num="(3)">In considering a proposed budget and schedule of taxes and charges, the Board of Estimates may not exceed or increase either the budget or the schedule of taxes, rates, and charges beyond those proposed by the Authority.</para>
    </para>
    <para num="(c)" heading="Bylaws.">The Board of Estimates must approve the bylaws of the Authority and any proposed amendments to it.</para>
    <para num="(d)" heading="Approval and renewal process.">The Board of Estimates is the final arbiter and decision maker regarding the approval and renewal process for the District.</para>
    <annotation type="History">Ord. 07-417</annotation>
  </section>
  <section prefix="§" num="8-15" heading="Election approval process.">
    <para num="(a)" heading="List of eligible voters.">The Board of Estimates, with the assistance of the Board and the Department of Finance, shall compile a list of those persons eligible to vote on the establishment of the District and on any question relating to its renewal.</para>
    <para num="(b)" heading="Eligibility criteria.">
      <para num="(1)">Persons eligible to vote are the owners of property subject to tax under &lt;cite data-path="|14|§8-8"&gt;§ 8-8 of this subtitle&lt;/cite&gt;.</para>
      <para num="(2)">No more than 1 vote may be cast for each tax parcel.</para>
    </para>
    <para num="(c)" heading="Election.">
      <para num="(1)">A ballot shall be provided to each eligible voter for the approval of the establishment of the District.</para>
      <para num="(2)">Each ballot, with a certified signature of the eligible voter or duly authorized representative, must be returned to the Board of Estimates, c/o the Comptroller’s Office, within 30 days of the date specified on the ballot.</para>
    </para>
    <para num="(d)" heading="Percentage approval.">
      <para num="(1)">Within 20 days of the end of the election period, the Board of Estimates shall determine the aggregate votes cast by the eligible voters.</para>
      <para num="(2)">If the Board of Estimates determines that at least 58% of the aggregate votes cast approved the establishment of the District, the Board of Estimates shall certify the District and Authority as approved for operation.</para>
    </para>
    <annotation type="History">Ord. 07-417</annotation>
  </section>
  <section prefix="§" num="8-16" heading="4-year reviews.">
    <para num="(a)" heading="Public hearings.">No later than 4 years after the establishment of the District, and every 4 years following, the Mayor and City Council shall hold 1 or more public hearings to evaluate the activities and undertakings of the Authority and the District.</para>
    <para num="(b)" heading="Mayor and Council to decide.">At the conclusion of the hearings, the Mayor and City Council shall determine whether the District is to continue for another 4 years.</para>
    <para num="(c)" heading="Process to be repeated.">This process shall be repeated periodically to satisfy the requirements of &lt;cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(63)"&gt;City Charter Article II, § (63)&lt;/cite&gt; .</para>
    <annotation type="History">Ord. 07-417</annotation>
    <annotation type="Editor's Notes">By Resolution 19-015, the Mayor and City Council continued the Authority and District through April 23, 2023.</annotation>
  </section>
  <section prefix="§" num="8-17" heading="Dissolution of District.">
    <para num="(a)" heading="Dissolution on certain events.">If the District is not approved as provided in &lt;cite data-path="|14|§8-15"&gt;§ 8-15 of this subtitle&lt;/cite&gt;, or is not renewed as provided in &lt;cite data-path="|14|§8-16"&gt;§ 8-16 of this subtitle&lt;/cite&gt;, the Authority shall cease its operations, and the District shall cease to exist, at the end of the City’s fiscal year in which the terminating event occurs.</para>
    <para num="(b)" heading="Limited continuation.">The Authority shall continue its existence only as long as necessary to:<para num="(1)">terminate operations in a reasonable fashion; and</para>
      <para num="(2)">arrange for the refunding of all funds not needed to satisfy outstanding obligations and reserves for uncertain obligations and liabilities.</para>
    </para>
    <para num="(c)" heading="Unspent funds.">Any unspent funds revert to the City’s general fund.</para>
    <annotation type="History">Ord. 07-417</annotation>
  </section>
</baltimore-city-law>
