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:Household spending within the York Road Market Area is estimated at $265.9 million annually, and spending on food and drink is estimated at $29.9 million. These estimates do not include spending by the area’s sizeable student population. It is also estimated that the Area presently captures only 29.8% of that total spending, with the remaining spending going to businesses elsewhere. This disposable income in the local corridor marketplace would be captured within York Road with an expanded mix of appropriate businesses and services to meet the on-going needs of the local community.
Given its largely built-out nature, the York Road Corridor operates within multiple constraints as regards to the attraction of new commercial/retail development opportunities. In particular, land parcels along York Road are typically small, shallow, and in multiple ownership; arduous assemblage of parcels is typically required to accommodate the needs of many retailers. There are few larger (2+ acre) parcels along York Road, and none are vacant land. Over time the York Road Corridor will manage its real estate resources in such a way that uses along York Road will better serve the Market Area population, by attracting retailers who will serve unmet demand and by upgrading underutilized properties.
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.
In adopting this Ordinance, the City Council has: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:a diverse mix of business properties; and
a diverse economic, social, and racial mix
Ord. 19-249
There is a business improvement district, to be known as the York Road <em>{Corridor} </em>Business Improvement District (the “District”).
The boundaries of the District are as shown on <em>{the Map appended to Ordinance 19-249, titled “Proposed York Road BID”}</em>.
Ord. 19-249
There is a York Corridor Business Improvement District Management Authority, referred to in this subtitle as the “Authority”.
The purpose of the Authority is to: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.
Ord. 19-249
To the greatest extent allowable by law, the Authority is and shall be deemed to be a special tax district, exercising only those powers as are provided for in this subtitle.
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.
Ord. 19-249
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 powers of the Authority shall be broadly interpreted to allow the Authority to achieve the goals of <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(63)">City Charter Article II, § (63)</cite>, including the provision of supplementary security and maintenance services, the promotion and marketing of the District, and the provision of amenities in public areas.
Ord. 19-249
The Authority shall be governed by and administered through a Board of Directors (the “Board”).
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:1 shall be the Councilmember for the district;
1 shall represent a not-for-profit institution with significant property holdings along the York Road corridor;
1 shall be a community representative, appointed by the York Road Partnership or its successor organization;
2 shall be commercial property owners or tenant merchants of the northern segment of the York Road Corridor, defined as the area of the District south of Northern Parkway and north of Benninghaus Road;
2 shall be commercial property owners or tenant merchants of the central segment of the York Road Corridor, defined as the area of the District south of Benninghaus Road and north of Notre Dame Lane; and
Two shall be commercial property owners or tenant merchants of the southern segment of the York Road Corridor, defined as the area of the District south of Notre Dame Lane and north of 43rd Street.
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 terms of the members are staggered, as required by the terms of the members first appointed.
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.
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 may rename the District and the Authority by a simple majority vote of its members.
Ord. 19-249
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.
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.
The Authority may not approve a Financial Plan that includes taxes or charges in excess of those approved by the Board of Estimates.
Ord. 19-249
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:residential units in a condominium building, whether or not the units are owner-occupied; and
all other buildings used for residential purposes, other than a building that contains 4 or more rental units; and
subject to proration, all other buildings or portions of buildings used exclusively for the consumption and enjoyment of arts and culture; and
properties exempt under:this subtitle;
<cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(63)">City Charter Article II, § (63)</cite>; or
any other applicable law.
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:the Supplemental Tax shall be enforced in the same way as the Regular Tax is enforced; and
all provisions that apply to assessments, refunds, credits, collections, and enforcement of the Regular Tax apply to the Supplemental Tax.
The Supplemental Tax rate shall be determined as follows: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.
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 Director of Public Works or the Director’s designee or the Director of the Department of Transportation or the Director’s designee.
Ord. 19-249
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.
With the approval of the Board of Estimates, the Board may establish other fees and charges for specific services performed: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.
Ord. 19-249
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.
This memorandum of understanding shall: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”).
The maintenance of existing services shall be governed by 2 principles:Those services may not be decreased except:as part of an overall decrease in services necessitated by changes in funding, policy, or resources; and
only in proportion to the decreases implemented elsewhere in the City.
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.
Ord. 19-249
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”) for the purpose of furthering the broad objectives of improving and enhancing public services throughout the District and in adjoining areas.
In furtherance of that objective, the Authority may: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.
Ord. 19-249
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.
Amounts collected by the City on behalf of the Authority: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.
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.
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 penalties and interest applicable to delinquent taxes shall be applied to delinquencies in payment of the Supplemental Tax.
The amount of any outstanding assessment on any property and of accrued interest and other charges constitutes a lien on the property.
This lien: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
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.
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.
Ord. 19-249
The Administrator is responsible for the day-to-day operations of the Board and its employees and contractors.
The Administrator may: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 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.
Ord. 19-249
The Board of Estimates has the following powers with regard to the District and the Authority.
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.
The Board of Estimates must approve the bylaws of the Authority and any proposed amendments to it.
The Board of Estimates is the final arbiter and decision maker regarding the approval and renewal process for the District.
Ord. 19-249
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.
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.
Ord. 19-249
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.
At the conclusion of the hearings, the Mayor and City Council shall determine whether the District is to continue for another 4 years.
This process shall be repeated periodically to satisfy the requirements of <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(63)">City Charter Article II, § (63)</cite>.
Ord. 19-249
If the District is not approved as provided in <cite data-path="|14|§9-15">§ 9-15 {“Election approval process”} of this subtitle</cite>, or is not renewed as provided in <cite data-path="|14|§9-16">§ 9-16 {“4-year reviews”} of this subtitle</cite>, 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.
The Authority shall continue its existence only as long as necessary to: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.
Any unspent funds revert to the City’s general fund.
Ord. 19-249