Subtitle 9 – York Corridor Business Improvement District

The York Road Corridor is a 2-mile long strip of commercial development that serves as a linear collection of at least 3 principal nodes focused on major crossroads intersections (Belvedere Avenue, Woodbourne Avenue, Cold Spring Lane), which serve the local commercial/retail needs of their adjoining neighborhoods to the east and west.

In many ways the York Road market area is now split by the road itself. To the west are very affluent residential neighborhoods with high residential values. To the east are more modest neighborhoods with lower residential values, homeownership rates, and household incomes.

The York Road Corridor can and does serve as a meeting ground for all adjoining neighborhoods and commercial uses that can achieve their highest potential when they appeal to all consumer households.

The York Road Corridor and Vision Action Plan of 2015 identified a variety of needs and opportunities facing the York Road Corridor.

According to the Plan:

Recommendation of the Plan: Establishment of a York Road Business Improvement District (BID) is recommended as the management entity for the Corridor. In order to advance and ultimately achieve its full potential, the Corridor will profit from active management – a group specifically tasked to supervise day-to-day operations (e.g., sanitation, safety/security), but also tasked with longer-term, strategic efforts such as working with existing businesses to help them succeed, improving the business mix to grow sales, marketing the corridor to new businesses, and capturing real estate development opportunities as they occur. The BID structure (as codified in State of Maryland and Baltimore City authorizing legislation) is focused on commercial issues, deriving its revenues principally from a mandatory assessment on commercial property owners, thus dedicating its attention to improving the Corridor’s business environment. The BID will also derive operating revenues from fee-for-service arrangements and grants from City government, foundations, etc., to provide various services that are better delivered locally.

considered the views of the property owners, the retail merchants, the property tenants, and the other members of the business and residential communities within the York Corridor Business Improvement District.

made a determination that the York Corridor Business Improvement District will reflect:

promote and market the District;

provide supplemental security and maintenance services;

provide amenities in public areas; and

provide other services and functions as may be requested by the Authority and approved by an ordinance of the Mayor and City Council.

The Authority may acquire, hold, and use property as necessary to achieve its purposes.

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.

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.

The Authority may accept grants.

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 <cite data-path="|14|9|9-16">§ 9-16 {“4-year reviews”}</cite> of this subtitle;

The Authority shall adopt an annual budget and shall propose, charge, and collect the taxes or charges on benefitted properties within the District, as authorized by <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(63)">City Charter Article II, § (63)</cite> and this subtitle.

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.

The Authority may establish and elect officers not already provided for in this subtitle and provide for their terms and duties.

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.

Subject to the approval of the Board of Estimates, the Authority may adopt, amend, and modify bylaws, consistent with <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(63)">City Charter Article II, § (63)</cite> and this subtitle.

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.

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.

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.

The Authority may do all other things necessary or convenient to carry out its goals, objectives, and powers.

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.

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.

The Authority may not exercise any police or general powers other than those authorized by State law and City ordinance.

The Authority may not pledge the full faith or credit of the City.

The Authority may not impose taxes against properties that are exempt under State law from ordinary property taxes.

The Authority may not impose any taxes or charges in excess of those approved by the Board of Estimates.

The Authority may not exercise the power of eminent domain.

The Authority may not extend its life without the approval of the City Council.

Except as otherwise provided by law, the Authority may not engage in competition with the private sector.

Except as otherwise provided in <cite data-path="|14|9|9-16">§ 9-17 {“Dissolution of District”}</cite> of this subtitle, the Authority may not revert charges or taxes collected under this subtitle to the General Fund of the City.

The Authority may not employ individuals who reside outside of the City.

Except as required or appropriate to facilitate its normal operations, the Authority may not incur debt.

The Authority may not exercise any power specifically withheld by the terms of either this subtitle or, if more restrictive, <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(63)">City Charter Article II, § (63)</cite>.

The number of voting members of the full Board must be not less than 9, excluding vacancies, and no more than 15.

The Board has full authority to increase or decrease its membership, within the limits specified in this subsection.

Of the voting members of the Board:

At all times, a majority of the Board must be representatives of property owners subject to the tax imposed by this subtitle and must be so designated by the Board.

The Board may adopt bylaws as it considers necessary to carry out the powers of the Authority. However, these bylaws may not be inconsistent with the terms of this subtitle or of <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(63)">City Charter Article II, § (63)</cite>.

All bylaws are subject to the approval of the Board of Estimates.

The Board may establish its own procedures relating to the internal administration of the Authority, except as may be restricted by <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(63)">City Charter Article II, § (63)</cite> or this subtitle.

The Board shall select from among its members individuals to serve as the chair, vice-chair, treasurer, and secretary of the Authority.

These officers serve at the pleasure of the Board.

The Board may delegate to these officers those responsibilities that the Board considers appropriate.

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.

Properties subject to the tax shall include all properties within the District except:

The Board of Estimates shall determine with finality the assessable base on which the Supplemental Tax will be based.

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.

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.

Except as otherwise provided in this subtitle:

Any increase in the rate of the Supplemental Tax must be approved by a majority of the Board’s voting members.

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.

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 5% a year unless the increase is approved by 80% or more of the property-owner representatives on the Board.

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.

However, the Authority may impose charges and fees for any special services requested by and performed for 1 or more property owners.

within the District;

within areas adjoining the District;

for properties and owners not subject to the Supplemental Tax; and

in conjunction with partnerships encouraged by this subtitle.

describe the existing levels of service within the District;

commit the City to the maintenance of those levels of service; and

outline the further undertakings of the City in response to the initiative represented by the creation of the District (the “Baseline Plus”).

Those services may not be decreased except:

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.

contract to provide varying levels of services to areas adjoining the District;

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;

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

establish rates and charges for the provision of services to Exempt Partners.

may not be included in the revenues of the City;

are not and may not be deemed to be subject to the budgetary and appropriation process; and

shall be disbursed promptly on collection.

The Department of Finance may collect the Supplemental Tax and other charges as are approved by the Board of Estimates.

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.

The Department of Finance shall make regular remittances of the amounts collected to the Board of the Authority.

The amount of any outstanding assessment on any property and of accrued interest and other charges constitutes a lien on the property.

This lien:

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.

prepare the Financial Plan for review and approval by the Board;

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;

establish procedures and processes necessary to perform the functions called for under the Financial Plan and the budget;

hire and retain employees, agents, and contractors as needed to perform the Administrator’s functions for the Authority, subject to <cite data-path="|14|§9-4|(b)|(9)">§ 9-4(b)(9) of this subtitle</cite>;

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

exercise the additional rights, powers, and authority granted to the Administrator by the Board.

The Financial Plan and the schedule of rates and charges are subject to the approval of the Board of Estimates.

The Board of the Authority shall submit all materials at least 2 months before the proposed effective date of a budget or Supplemental Tax.

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.

Persons eligible to vote are the owners of property subject to tax under <cite data-path="|14|§9-8">§ 9-8 {“Supplemental Tax”} of this subtitle</cite>.

No more than 1 vote may be cast for each tax parcel.

A ballot shall be provided to each eligible voter for the approval of the establishment of the District.

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.

Within 20 days of the end of the election period, the Board of Estimates shall determine the aggregate votes cast by the eligible voters.

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.

terminate operations in a reasonable fashion; and

arrange for the refunding of all funds not needed to satisfy outstanding obligations and reserves for uncertain obligations and liabilities.