The Circuit Court for Baltimore City is authorized to appoint a qualified person to serve as Grand Jury Clerk, who shall be on the staff of the Jury Commissioner, serve at the pleasure of the Circuit Court for Baltimore City, and be paid such salary as shall be provided in the budget of the Court. The Circuit Court for Baltimore City is authorized to employ such official reporters as may be necessary to record the proceedings before the grand jury, and such reporters shall be paid such salaries as shall be provided in the budget of the Court. P.L.L., 1969, §7-8 1968, ch. 748, §389 1986, ch. 345 2006, ch. 372

In all cases of any demise or agreement for rental, express or implied, verbal or written, hereafter to be made of lands or tenements, whether real estate or chattels real, within the limits of the City of Baltimore, for less term than three calendar months, the remedy of distress for rent due be and the same is hereby taken away and altogether superseded. P.L.L., 1888, §634 1915, §650 1927, §650 1930, §650 1938, §750 1949, §455 1969, §9-1 1888, ch. 487 1890, ch. 327 1898, ch. 123, §650

Whenever the tenant under any demise or agreement of rental, express or implied, verbal or written, of lands or tenements, whether real estate or chattels real within the limits of the City of Baltimore, shall fail to pay the rent thereunder when due and payable, it shall be lawful for the lessor to have again and repossess the premises so rented. The filing of a complaint in summary ejectment under <cite data-path="9">this subtitle</cite>, the trial of said cause and the granting of a judgment of restitution shall not preclude the plaintiff or the owner of said premises from filing and maintaining an independent suit for rent due and unpaid. P.L.L., 1888, § 635 1915, §651 1927, §651 1930, §651 1938, §751 1949, §456, l 969, <cite data-path="9|§9-2">§9-2</cite> 1888, ch, 487 1890, ch. 327 1898, ch. 123, §651 1943, ch. 599 1987, ch. 245

Whenever any lessor shall desire to have again and repossess any premises to which he is entitled under the provisions of the preceding section, he or his duly qualified agent or attorney, shall make his written complaint under oath or affirmation, in the District Court of Baltimore City, and describing therein in general terms the property sought to be had again and repossessed as aforesaid, and also setting forth the name of the tenant to whom the same is rented, or his assignee or under tenant or tenants, with the amount of rent thereon due and unpaid; and praying by warrant to have again and repossess the premises, together with judgment for the amount of rent due and costs; and it shall thereupon be the duty of said District Court of Baltimore City forthwith to issue summons directed to a constable of said court, ordering him to notify said tenant, assignee or undertenant forthwith to appear before the said District Court at trial to held on the fifth day after the filing of said complaint, except as hereinafter provided, to show cause why the prayer of said lessor should not be granted as aforesaid, and the said constable shall forthwith proceed to serve said summons on or before the third day after the filing of said complaint, upon said tenant, assignee or under tenant in said premises, or upon his or their known or authorized agent, or said constable shall affix an attested copy of said summons conspicuously upon said premises, and such affixing of said summons shall, for the purposes of this subheading of <cite>this article</cite>, be deemed and construed a sufficient service upon all persons whomsoever. P.L.L., 1888, §636 1915, §652 1927, §652 1930, §652 1938, §752 1949, §457 1969, §9-3 1888, ch. 487 1890, ch. 327 1898, ch. 123, §652 1943, ch. 441 1970, ch. 731 1979, ch.125

The filing of a complaint in summary ejectment under <cite data-path="9">this subtitle</cite>, the trial of said cause and the granting of a judgment of restitution shall not preclude the plaintiff or the owner of said premises from filing and maintaining an independent suit for rent due and unpaid. P.L.L., 1949, §458 1969, §9-4 1949, ch. 215, §752½

If, at the trial aforesaid, the judge shall be satisfied the interest of justice will be better served by an adjournment, he may adjourn the trial for a period not exceeding seven days, except by consent of the parties, and if at said trial or due adjournment, as aforesaid, it shall appear to the satisfaction of the judge before whom said complaint has been tried as aforesaid, that the rent or any part of the rent for said premises is actually due and unpaid, then the said judge shall give judgment in favor of said lessor for the amount of rent found due, with costs of suit, and shall order that said tenant and all persons claiming or holding by or under said tenant shall yield and render up possession of said premises unto said lessor, or unto his duly qualified agent or attorney within 4 days thereafter; provided, however, that upon presentation of certificate signed by a practicing physician certifying that surrender of said premises within said period of 4 days would endanger the health or life of any occupant thereof, said judge may, at the trial or subsequent thereto, extend the time for such surrender of the premises upon such terms and for such period or periods as he shall deem necessary and just. If the interval between the filing of the landlord’s complaint and the trial of the cause shall be more than three days, any order or judgment of said court with respect to the payment of rent shall include all rent due and unpaid up to and including the day of trial; and the proceedings amended to set forth the basis of said judgment or order. In any action of summary ejectment for failure to pay rent where the landlord is awarded a judgment giving him restitution of the leased premises, the tenant has the right to redemption of the leased premises by tendering in cash, certified check or money order to the landlord or his agent all past due rent and late fees, plus all court awarded costs and fees, at any time before actual execution of the eviction order. The right of redemption is not available to a tenant if the landlord alleges and shows that more than three judgments of restitution were issued against the tenant in the 12 months preceding the filing of the landlord’s complaint. Nothing in <cite data-path="9|§9-5">this section</cite> shall preclude a tenant in any summary ejectment action from raising any defense available under <cite>the Public Local Laws of Baltimore City</cite>. If a tenant prevails on any of these defenses, the judgment, whether or not it includes a judgment of restitution against the tenant, shall not be considered a judgment of restitution for purposes of paragraph (2) of this subsection. P.L.L., 1888, §637 1915, §653 1927, §653 1930, §653 1938, §753 1949, §459 1969, §9-5 1888, ch. 487 1890, ch. 327 1898, ch. 123, §653 1939, ch. 742 1943, ch. 441, §753 1949, ch. 211, §753 1955, ch. 176, §459 1981, ch. 685 1996, ch. 586

In case judgment shall be given in favor of said lessor in the manner aforesaid, and the tenant shall fail to comply with the requirements of the said order there shall issue, on the order of the lessor, a warrant directed to a constable of the District Court, directing said constable to cause said lessor to have again and repossess said premises by putting him in possession thereof, and for that purpose to remove from said premises, by force if necessary, all the furniture, implements, tools, goods, effects or other chattels of every description whatsoever belonging to said tenant, or to any person claiming or holding by or under said tenant. A Judge of the District Court shall have the power to pass such order or orders as may be necessary, in his discretion, to accomplish the revesting of possession in the landlord. If the lessor does not order a warrant of restitution within sixty (60) days from date of judgment or from the expiration date of any stay of execution that may have been entered by agreement, whichever shall be the later, the case shall be considered as dismissed. P.L.L., 1888, §638 1915, §654 1927, §654 1930, §654 1938, §754 1949, §460 1969, §9-6 1888, ch. 487 1890, ch. 327 1898, ch. 123, §654 1939, ch. 742 1943, ch. 441, §754 1955, ch. 176, §460 1972, ch. 692 1973, ch. 351

Any party aggrieved may appeal from the judgment of the District Court to the Circuit Court for Baltimore City, at any time within 4 days from the rendition of such judgment; the tenant in order to stay any execution of the judgment, shall give a bond to the landlord with one or more securities, who are owners of sufficient leasehold or real estate in Baltimore City, or the tenant shall provide such security in the form of either a corporate or cash bond, with condition to prosecute the appeal with effect, and answer to the landlord, or the landlord’s personal representative, in all costs and damages mentioned in the judgment and such other damages as shall be incurred and sustained by reason of said appeal; the aforesaid bond shall not affect in any manner the right of the lessor to proceed against said tenant, assignee or under tenant for any and all rents that may become due and payable to the lessor after the rendition of said judgment. P.L.L., 1888, §639 1915, §655 1927, §655 1930, §655 1938, §755 1949, §461 1969, §9-7 1888, ch. 487 1890, ch. 327 1898, ch. 123, §655 1943, ch. 441 1949, ch. 211, §755 1961, ch. 156 1986, ch. 345 1996, ch. 586

If a tenant under any demise for the tenant’s residential use, other than a tenant of housing assisted under a program administered by the Housing Authority of Baltimore City, shall die, the surviving spouse, or any member of his immediate family who has occupied the premises with the deceased tenant at the time of his death shall have the right, upon payment to the landlord of the agreed rent (including any rent that may be in arrears at the time of tenant’s death) to be substituted as tenant to the same extent as the original tenant. If a tenant of housing assisted under a program administered by the Housing Authority of Baltimore City shall die, the surviving spouse or other member of the deceased tenant’s immediate family who is an occupant of the premises at the time of the tenant’s death may be considered eligible to enter into a lease in accordance with federal regulations and the admissions and continued occupancy policy of the housing, if the occupant:is listed as a household member on the deceased tenant’s current leasing, recertification, and related documents; and qualifies for continued occupancy, based on the eligibility requirements set forth in the admissions and continued occupancy policy of the housing and federal regulations. If the surviving spouse or other member of the deceased tenant’s immediate family who is an occupant of the premises at the time of the tenant’s death does not satisfy the conditions in subsection (b)(1) and (2) of <cite data-path="9|§9-8">this section</cite>, the Housing Authority of Baltimore City may initiate legal proceedings to evict the occupant no earlier than 10 days following the date of the tenant’s death. If a tenant shall die, the landlord shall have the right to summary ejectment for nonpayment of rent by making the personal representative of the deceased tenant the party defendant. If a tenant shall die and no letter shall be issued on his estate to a personal representative, then the landlord after he shall have filed a statement under oath setting forth these facts shall have the right to proceed in summary ejectment for nonpayment of rent by naming the estate of the deceased tenant as the defendant. In such case the summons shall be served upon the occupant of the premises; and if the premises be unoccupied, then the summons shall be served upon one of the next of kin of the deceased tenant, if known. If there be no occupant at the premises or known next of kin available for service then the summons shall be affixed to the premises. P.L.L., 1949, §462: 1969, §9-8 1949, ch. 215, §755½ 1987, ch. 245 2007, ch. 624

It is found and declared that there exist in the City of Baltimore structures used for human habitation which are, or may become in the future, substandard with respect to structure, equipment or maintenance; and that such conditions constitute a menace to the health, safety, welfare and reasonable comfort of its citizens. It is further declared that in order to assure that dwellings meet certain minimum requirements as established by this Act tenants must have the free, unencumbered right of complaint to their landlords, the courts and governmental agencies. It is further declared that retaliation, without cause, by landlords through eviction, rental increases or other action, and tenants’ fear of such retaliation, may have restricted the exercise of these rights. It is therefore declared that the interests of public policy require that meaningful sanctions be imposed upon those who would perpetrate or perpetuate such conditions and that such retaliatory actions on the part of landlords be proscribed. The sanctions are intended to protect the life, health and safety of tenants and are not to be used to have premises redecorated or to have minor code violations corrected. It is also not the intention that such sanctions be used by either landlords or tenants as a means of harassment. Where property situated in the City of Baltimore is leased for the purpose of human habitation, the tenant of such property may assert that there exists upon the leased premises, or upon the property used in common of which the leased premises form a part, a condition or conditions which constitute, or if not promptly corrected, will constitute a fire hazard or serious threat to the life, health, or safety of occupants thereof, including but not limited to, a lack of heat or of hot or cold running water (except if the property is a one-family dwelling or a multiple dwelling where the tenant is responsible for payment of the water charge and where the lack of such water is the direct result of the tenant’s failure to pay the water charge) or of light or of electricity or of adequate sewage disposal facilities or an infestation of rodents (except if the property is a one-family dwelling) or of the existence of paint containing lead pigment on surfaces within the dwelling, provided that the landlord has notice of the painted surfaces, and if such condition would be in violation of the Baltimore City Housing Code. The assertion described in subsection (b), above, may be made:on the initiative of the tenant by his filing in District Court in Baltimore City a declaration setting forth such assertion and praying for one or more forms of relief as enumerated in subsection (f) below, or by the tenant as a defense in answer to an action of distress for rent or in any complaint proceeding brought by a landlord to recover rent or the possession of leased premises for nonpayment of rent (including a proceeding brought under <cite data-path="9|§9-2">Section 9-2</cite> hereof). The assertion by the tenant, whether made by complaint or answer, shall be conditioned upon the following:Prior to the commencement of the action by the tenant or by the landlord, the landlord or his agent was notified in writing by certified mail (return receipt) of the condition or conditions described in subsection (b), above, or was notified of such condition or conditions by a violation or condemnation notice from an appropriate State or municipal agency, or received actual notice of the defects or conditions, but that the landlord has refused, or having a reasonable opportunity to do so, has failed to remedy the same. For the purposes of this subsection, what period of time shall be deemed to be unreasonable delay is left to the discretion of the court except that there shall be a rebuttable presumption that a period in excess of thirty (30) days from receipt of the notification by the landlord is unreasonable; and Payment by the tenant into court of the amount of rent called for under the lease at the time of any assertion of rent escrow, unless or until such amount is modified by subsequent order of the court under subsection (f)(4), below. The court has entered against the tenant not more than five judgments of restitution for rent due and unpaid in the year immediately prior to the initiation of the action by the tenant or by the landlord. If the tenant has lived on the premises six months or less and the court has entered against the tenant three judgments of restitution for rent due and unpaid, the tenant shall not be entitled to make an assertion against the landlord as described in <cite data-path="9|§9-9|(b)">subsection (b) of this section</cite>. It shall be sufficient answer or rejoinder to such a declaration or defense if the landlord establishes to the satisfaction of the court thatthe notice requirement as set forth in subsection (d)(1) has not been met, or the condition or conditions alleged by the tenant do not in fact exist, or such condition or conditions have been removed or remedied, or such condition or conditions have been caused by the tenant or members of his family or his or their invitees or assignees, or the tenant has unreasonably refused entry or unreasonably failed to make arrangements to be home for the entry to the landlord or his agent to the premises for the purpose of correcting such condition or conditions. The court shall make findings of fact on the issues before it and shall make any order that the justice of the case may require. Such an order may include, but is not limited to, any one or more of the following:Termination of the lease or ordering the premises surrendered to the landlord. Ordering all monies already accumulated in escrow disbursed to the landlord or to the tenant in accordance with subsections (f)(4), (f)(5), or (g). Ordering that the escrow be continued until the complained-of condition or conditions be remedied. Ordering that the amount of rent, whether paid into the escrow account or paid to the landlord, be abated as determined by the court in such an amount as may be equitable to represent the existence of the condition or conditions found by the court to exist. In all such cases where the court deems that the tenant is entitled to relief under this Act, the burden shall be upon the landlord to show cause why there should not be an abatement of the rent. Ordering any amount of monies accumulated in escrow disbursed to the tenant (where the landlord refuses to make repairs after a reasonable time) or to the landlord or to a contractor chosen by the landlord in order to make repairs or to otherwise remedy the condition. In either case, the court shall make an order to insure that monies thus disbursed will be in fact used for the purpose of making repairs or effecting a remedy. Referring any matter before the court to the proper State or municipal agency for investigation and report and granting a continuance of the action or complaint pending receipt of such investigation and report. When such a continuance is granted, the tenant shall deposit with the court rents, subject to any abatement under subsection (f)(4), above, which become due during the period of the continuance to be held by the court pending its further order; or In its discretion, ordering escrow funds disbursed to pay a mortgage on the property in order to stay a foreclosure. Order the landlord to make the repairs or correct the conditions complained of by the tenant and found by the court to exist.Notwithstanding any provision of subsection (f), above, where an escrow account is established by the court and the condition or conditions are not fully remedied within six months of the establishment of such account, and the landlord has not made reasonable attempts to remedy the condition, the court shall award all monies accumulated in escrow shall be disbursed to the tenant. In such event, the escrow shall not be terminated, but shall begin upon a new six month period with the same result if, at the end thereof, the condition or conditions have not been remedied. The initial hearing must be held within fifteen (15) calendar days from the posting by the court of notification of the hearing as provided in paragraph (j), except that the court shall order an earlier hearing where emergency conditions are alleged to exist upon the premises such as, failure of heat in winter, lack of adequate sewage facilities or any other condition which constitutes an immediate threat to the health or safety of the inhabitants of the leased premises. The court, on motion of either party or on its own motion, may hold hearings subsequent to the initial proceeding in order to further determine the rights and obligations of the parties. Distribution of escrow monies may only occur by order of the court after a hearing after both parties are given reasonable notice or upon motion of both the landlord and tenant or upon certification by the housing inspector that the work required by the court to be done has been satisfactorily completed. In the case of all motions and other papers requiring a hearing thereon, the court shall notify by certified mail (return receipt) the opposite party, and all other persons required to be notified, stating the date, time and purpose of the hearing. Refusal by a party to accept such notification or his unreasonable delay in accepting it shall not bar any remedy to which the opposite party may otherwise be entitled. No tenant shall be subject to an increase in rent, eviction from the premises or decrease in services which by law are required to be provided by the landlord, for a period of six months following determination of the merits of the case by the court, unless the court finds that the complaint or defense by the tenant has not been raised in good faith, or unless the court finds that the rent has been increased or the tenant evicted for good cause. After a period of six months following the determination of the merits of the initial case by the court, the burden of proof shall be on the tenant.Failure of the tenant to raise the complaint or defense in good faith is not equivalent to failure to raise the complaint or defense successfully. To raise the complaint or defense in good faith, the tenant must have to have had the reasonable expectation that such complaint or defense would be successful under this Act. Good cause to evict or to raise the rent includes a finding that:the condition or conditions which formed the basis of the tenant’s complaint or defense were caused by an act or omission of the tenant or members of his family or his invitees or assignees, but such acts or omissions are beyond those which constitute ordinary wear and tear; or the landlord seeks in good faith to recover possession of the property for his immediate personal use as a dwelling; or the landlord has contracted in good faith and in writing, to sell the property for immediate personal use and occupancy as a dwelling by the purchaser; or the landlord must increase the rent due to a substantial increase in taxes or a substantial increase in maintenance or operating costs not associated with the condition or conditions asserted in any proceeding under this Act; or The landlord has completed a substantial capital improvement of the leased premises or the property of which the leased premises are a part and which improvement benefits the leased premises, but that such improvement is not associated with the condition or conditions asserted in any proceeding under this Act. The provisions of this subsection (subsection (k)) shall apply also to a tenant who in good faith reports a potential housing code violation to the appropriate State or municipal agency regardless of his intent to proceed under any other portion of this Act except that no landlord shall be bound not to increase the rent of such a tenant in excess of six (6) months following the determination of the merits of the initial case by the court. Nothing in this subsection shall alter the landlord’s or tenant’s right to terminate or not renew a written lease for one year or longer under the forms contained therein; provided, however, that such written lease shall not be used to defeat the intent and provisions of this Act. A landlord may repossess his premises after giving a proper sixty-day notice to the tenant of the landlord’s desire to repossess the premises provided that the landlord, in good faith, intends to raze or board up his premises and intends to obtain a permit to do so. Any provision of a lease or other agreement whereby any provision of this Act for the benefit of a tenant, resident or occupant of a dwelling is waived shall be deemed to be against public policy and shall be void. This Act shall also apply to any residential premises located in Baltimore City leased by an agency of the State of Maryland or the City of Baltimore. P.L.L., 1969, §9-9 1968, ch 459 1971, ch. 687 1979, ch. 455 1986, ch. 557 1988, ch. 488 1989, ch. 813

In addition to the provisions of <cite data-path="9|§9-9">Section 9-9</cite>, in an action for recovery of rent or for the possession of leased premises for nonpayment of rent, or in an action brought by a tenant praying for one or more of the forms of relief enumerated in <cite data-path="9|§9-9">Section 9-9</cite>, the tenant may assert as a defense or as the basis for affirmative relief, that there exists on the leased premises a condition which constitutes a material noncompliance by the landlord with the written lease or a condition which constitutes a repudiation of a written inducement to rent the premises, such as but not limited to the following:lack of functional and sufficient laundry, cooking, or dishwashing facilities; lack of functional refrigeration or air conditioning; lack of proper maintenance; or lack of specified recreational facilities. The provisions of Sections <cite data-path="9|§9-9|(d)">9-9(d)</cite> through <cite data-path="9|§9-9|(n)">9-9(n)</cite> shall apply to any action or defense based upon <cite data-path="9|§9-9A">this Section</cite>. 1978, ch. 623

In addition to the protections afforded to the tenant by <cite data-path="9|§9-9">Section 9-9</cite>, a landlord may not evict a tenant of any residential property in Baltimore City or increase the rent or decrease the services to which the tenant is entitled for any of the following reasons:solely because the tenant has complained, in good faith, to the landlord or to any public agency concerning the tenant’s rights or specific housing deficiencies; or solely because the tenant is a member of any tenant’s organization; or solely because the tenant files suit against the landlord; or solely because the tenant consults an attorney on any matter involving tenant’s rights. Evictions described in subsection (a) shall be called “retaliatory evictions”. If, in any eviction proceeding, the judgment is in favor of the tenant for any of the aforementioned defenses, the court may enter judgment for reasonable attorney’s fees and court costs against the landlord. P.L.L., 1969, §9-10 1969, ch. 223 1971, ch. 21 1971, ch. 687 1974, ch. 595 1978, ch. 576

Where any lands or tenements in the City of Baltimore are held from year to year, the tenancy shall be terminated if the lessor give to the tenant ninety days’ notice before the end of the year. P.L.L., 1860, §882 1888, §857: 1915, §844 1927, §844 1930, §844 1938, §1125 1949, §728 1969, §9-11 1898, ch. 123, §844

If any land be held in said City under the lease for a month, or any less period than a year, and the tenant continues to occupy under such lease after its expiration, he shall be deemed a tenant for such period as the premises were originally leased to him, and so from such period to such period; and if his landlord give him the notice required to be given by <cite data-path="9|§9-14">Section 9-14</cite> before the termination of any period of his tenancy, it shall terminate such tenancy. P.L.L., 1860, §883 1888, §858 1915, §845 1927, §845 1930, §845 1938, §1126 1949, §729 1969, §9-12 1898, ch. 123, §845 Ord. 42-684, §1126

If land or tenements be held in said City by tenancy at will, at sufferance or per autre vie, the notice required to be given by <cite data-path="9|§9-14">Section 9-14</cite> by the landlord or reversioner to the tenant or occupant shall terminate such tenancy at the expiration of such notice. P.L.L., 1860, §884 1888, §859 1915, §846 1927, §846 1930, §846 1938, §1127 1949, §730 1969, §9-13 1898, ch. 123. §846 Ord. 42-684, §1127

Notwithstanding the provisions of <cite data-path="9|§9-20">Section 9-20 of this Article</cite>, the notice required to be given by any landlord to any tenant to terminate the tenancies of dwelling units for the terms mentioned in Sections <cite data-path="9|§9-11">9-11</cite>, <cite data-path="9|§9-12">9-12</cite>, and <cite data-path="9|§9-13">9-13</cite> of <cite>this Article</cite> shall be sixty (60) days notice previous to the date upon which the landlord shall be entitled to the remedy contained in <cite data-path="9|§9-19">Section 9-19</cite>, and no landlord leasing, renting or demising any dwelling unit in the City of Baltimore under a lease for a year or any period less than a year, at sufferance or per autre vie, shall be entitled to the remedy provided by <cite data-path="9|§9-19">Section 9-19</cite> if he has not given sixty (60) days’ notice before exercising such remedy unless: the tenant is violating an obligation of his tenancy such as unreasonably refusing the landlord access to the dwelling unit or failing to comply with sanitation standards set by law; or the tenant is committing or permitting a nuisance on the premises or is using or permitting the use of the dwelling unit for immoral or illegal purposes or for other than living or dwelling purposes; or the dwelling unit is occupied under a seasonal occupancy, which is hereby defined to be a tenancy for not more than five (5) months; or the dwelling unit is and was, at the effective date hereof, a nonhousekeeping furnished room or unit without cooking facilities; or the tenant’s lease or other rental agreement has expired or otherwise terminated and, at the time of termination, the occupants of the housing accommodations are subtenants or other persons who occupied under a rental agreement with the tenant and no part of the accommodations is used by the tenant as his dwelling. If the landlord seeks to evict the tenant under the provisions of Paragraphs 1, 2, 3, 4 or 5 above, the notice to the tenant shall be thirty (30) days before the end of the term unless otherwise provided in the lease. In addition, no such landlord shall be entitled to the remedy provided by <cite data-path="9|§9-19">Section 9-19</cite> if he has not given sixty (60) days’ notice before exercising such remedy unless: the landlord, who is the owner of the housing accommodations, seeks in good faith to recover possession thereof for his immediate and personal use and occupancy as housing accommodations, or for the immediate and personal use and occupancy as housing accommodations by a member or members of his immediate family, which shall include a son, son-in-law, daughter, daughter-in-law, father, father-in-law, mother, mother-in-law, stepchild and adopted child; or the landlord seeks in good faith, to recover possession for the immediate purpose of substantially altering or remodeling the housing accommodations for continued use as housing accommodations, in a manner which cannot practically be done with the tenant in possession, or for the immediate purpose of demolishing them, provided that the landlord has obtained such approval for the proposed alterations or remodeling or demolition as may be required under the law; or the landlord seeks in good faith to recover possession of the housing accommodations for the immediate purpose of:making a permanent conversion to commercial use by substantially altering or remodeling them; or personally making a permanent use of them for nonhousing purposes; orpermanently withdrawing them from both housing and nonhousing rental markets without any intent to sell housing accommodations. P.L.L., 1969, §9-14 Ord. 42-684, §1127A Ord. 46-526 Ord. 46-604 Ord. 47-027 Ord. 48-546 Ord. 49-966 Ord. 50-1504 Ord. 51-153 Ord. 52-496 Ord. 53-876 Ord. 54-1187 Ord. 55-018 Ord. 64-349 Ord. 93-162

In any written or oral lease or agreement for rental of a dwelling intended for human habitation, the landlord shall be deemed to covenant and warrant that the dwelling is fit for human habitation. If the dwelling is not fit for human habitation, the tenant, in addition to any remedies which he otherwise has, is entitled to the following remedies that shall be exercised within thirty (30) days of occupancy:an action or proceeding for breach of contract or warranty which may include a prayer for rescission of the contract; rescission of the contract including the return of all deposits and money towards rent paid during the period of the breach of the warranty of habitability and within the thirty (30) days of occupancy period. Provided, however, that no action or proceeding for breach of the warranty of habitability shall be instituted by any tenant unless the landlord has notice of the conditions on the premises which constitute the breach of the warranty of habitability. For the purpose of <cite data-path="9|§9-14.1">this section</cite> “dwelling” shall mean a structure or that part of a structure which is used for or is intended for use, as a home or residence by one person or by two or more persons maintaining a common household. For the purpose of <cite data-path="9|§9-14.1">this section</cite> “notice” shall meana violation notice from the Department of Housing and Community Development or any other municipal or governmental agency, a letter sent by the tenant or his agent to the landlord by certified mail, or actual notice of the defects or conditions. For the purpose of <cite data-path="9|§9-14.1">this section</cite> “fit for human habitation” shall mean the premises shall not have any conditions which endanger the life, health and safety of the tenants, including, but not limited to vermin or rodent infestation, lack of sanitation, lack of heat, lack of running water, or lack of electricity. Where the tenant or a member of his family or his invitee, or his agent has in bad faith refused entry to the landlord or his agent for the purpose of correcting the condition or conditions, the court shall impose upon the tenant the reasonable cost of defense by the landlord including counsel’s fees and court costs, or where the tenant or a member of his family or his invitee or his agent has caused condition or conditions which are alleged to exist, the cost of the repair of such conditions shall be imposed upon the tenant. The provisions of <cite data-path="9|§9-14.1">this section</cite> shall not be waived by any written or oral lease or agreement for rental of a dwelling intended for human habitation. 1971, ch. 481 1986, ch. 557

In <cite data-path="9|§9-14.2">this section</cite> the following words have the meaning indicated unless otherwise apparent from context. “Dwelling” means a structure or that part of a structure which is used for or is intended for use, as a home or residence by one person or by two or more persons maintaining a common household. “Notice” means a violation notice from the Department of Housing and Community Development or any other municipal or governmental agency, or a letter sent by the tenant or his agent to the landlord by certified mail, or actual notice of the defects or conditions. “Fit for human habitation” means the premises shall not have any conditions which endanger the life, health and safety of the tenants involving vermin or rodent infestation in two or more units, lack of sanitation, lack of heat, lack of running water, or lack of electricity, except where the tenant is responsible for payment of the water and electric charges and where lack of water or electricity is the direct result of the tenant’s failure to pay the water and electric charges. “Reasonable time” means that period of time, after notification, which is required to restore a dwelling to a state fit for human habitation if the landlord pursues the work of restoration with diligence and without culpable delay. Where there is a dispute between the landlord and the tenant as to what is a reasonable time in a particular instance, it shall be determined as a fact in any legal proceeding in which it is an issue. The warranty of habitability provided in <cite data-path="9|§9-14.1">Section 9-14.1</cite> is a continuing warranty, and the tenant may maintain an action for breach of this warranty, at any time during the tenancy, if the dwelling becomes unfit for human habitation. An action for breach of this warranty may also be maintained as a defense in an action of summary ejectment or distress for rent. No action for breach of warranty may be maintained unless the landlord has notice or knowledge of the conditions which constitute the alleged breach of the warranty of habitability. The landlord has a reasonable time after notification to repair the defect or damage alleged by the tenant except that there should be a rebuttable presumption that a period in excess of 30 days by the landlord would be unreasonable. Upon completion of the repairs, the landlord shall notify the tenant or the Department of Housing and Community Development in writing. The tenant may maintain a defense based on <cite data-path="9|§9-14.2">this section</cite> to the landlord’s action in summary ejectment or distress for rent. Damages shall be computed retroactively to the date of the landlord’s actual knowledge of the breach of warranty and shall be the amount of rent paid or owed by the tenant during the time of the breach less the reasonable rental value of the dwelling in its deteriorated condition. The landlord is not responsible for any defect or damage caused by the tenant, a member of his family, or his visitors which contributes to the uninhabitability of the dwelling; in this instance the tenant shall bear the cost of repair and the cost shall be collected as rent. 1975, ch. 841 1986, ch. 557

In <cite data-path="9|§9-15">this section</cite> the following words have the meanings indicated. “Agent” means any authorized individual or business acting on behalf of an owner. “Landlord” means an owner of real property located within Baltimore City, an agent of the owner, or an operator who promises to lease all or any portion of a property to another person for the person’s use, in exchange for an agreed upon amount of money or services. “Lease” means any oral or written agreement, express or implied, creating a landlord and tenant relationship, including any sublease, that grants the tenant the use of the landlord’s property for a given period of time in exchange for rent in the form of money or services. “Operator” means any person who has charge, care, or control of all or any portion of a structure or premises on behalf of the owner. “Tenant” means any person who has been given the right to use or occupy rental property through a lease agreement. An agent, a landlord, or an operator may not:falsely makes any representation or statement required by Sections <cite data-path="9|§9-2">9-2</cite>, <cite data-path="9|§9-3">9-3</cite>, <cite data-path="9|§9-12">9-12</cite>, <cite data-path="9|§9-13">9-13</cite>, <cite data-path="9|§9-14">9-14</cite>, <cite data-path="9|§9-15">9-15</cite>, or <cite data-path="9|§9-19">9-19</cite> and <cite data-doc="City of Baltimore, Md., Code" data-path="|13|§8A-2">Article 13, § 8A-2 of the Baltimore City Code</cite> to be given; falsely makes any representation or statement in connection with the giving of the notice or complaint required by Sections <cite data-path="9|§9-2">9-2</cite>, <cite data-path="9|§9-3">9-3</cite>, <cite data-path="9|§9-12">9-12</cite>, <cite data-path="9|§9-13">9-13</cite>, <cite data-path="9|§9-14">9-14</cite>, <cite data-path="9|§9-15">9-15</cite>, or <cite data-path="9|§9-19">9-19</cite> and <cite data-doc="City of Baltimore, Md., Code" data-path="|13|§8A-2">Article 13, § 8A-2 of the Baltimore City Code</cite> to be given; falsely makes any representation or statement at, during, or in connection with any proceeding for the enforcement of any rights for the speedy recovery of lands or tenements held over by tenants; in an attempt to circumvent the protection accorded tenants by Sections <cite data-path="9|§9-2">9-2</cite>, <cite data-path="9|§9-3">9-3</cite>, <cite data-path="9|§9-12">9-12</cite>, <cite data-path="9|§9-13">9-13</cite>, <cite data-path="9|§9-14">9-14</cite>, <cite data-path="9|§9-15">9-15</cite>, or <cite data-path="9|§9-19">9-19</cite> and <cite data-doc="City of Baltimore, Md., Code" data-path="|13|§8A-2">Article 13, § 8A-2 of the Baltimore City Code</cite>, wilfully deprive a tenant of ingress to or egress from his dwelling; without the consent of the tenant, intentionally:interrupt, terminate, or diminish, any utility service furnished to the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, or similar services to which under the expressed or implied terms of the tenancy the tenant may be entitled; remove furnishings, cooking facilities, appliances, or similar items to which under the express or implied terms of the tenancy the tenant may be entitled;prevent the tenant from gaining reasonable access to the property by changing the locks and failing to provide the tenant with new keys; remove outside doors or windows; or remove from the premises the tenant’s personal property, furnishings, or any other items. An agent, a landlord, or an operator who violates <cite data-path="9|§9-15">this section</cite> is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $500 or imprisonment of not more than 10 days, or both fine and imprisonment for each offense. P.L.L., 1969, §9-15 Ord. 42-684, §4 Ord. 42-769 Ord. 91-662 Ord. 09-217 2018, Chs. 637 and 638, eff. Oct. 1, 2018

Any of the tenancies mentioned in Sections <cite data-path="9|§9-11">9-11</cite>, <cite data-path="9|§9-12">9-12</cite>, and <cite data-path="9|§9-13">9-13</cite> may be terminated by the tenant’s giving notice to the landlord thirty (30) days previous to the end of the year, or other period for which he holds the same. P.L.L., 1860, §885 1888, §860 1915, §847 1927, §847 1930, §847 1938, §1128 1949, §731 1969, §9-16 1898, ch. 123, §847

The notice required by the preceding sections shall be in writing and served on the tenant, or left at his place of abode or business, or served on his agent or servant, or served on any occupant of the premises; and if there be no person living on the premises the same may be served by being set upon a conspicuous part of the premises. P.L.L., 1860, §886 1888, §861 1915, §848 1927, §848 1930, §848 1938, §1129 1949, §732 1969, §9-17 1898, ch. 123, §848

Such notice shall be sufficient in form if it contains a request by the landlord to the tenant to leave the premises, or if it states the intention of the tenant to leave the same, and it need not state the time when the tenant is requested to leave the same, or when the tenant intends to do so. P.L.L., 1860, § 887 1888, §863 1915, §849 1927, §849 1930, §849 1938, §1130 1949, §733 1969, §9-18 1898, ch. 123, §849

Such notice, without any additional notice, shall entitle the landlord to the benefit of the law providing for the speedy recovery of the possession of lands or tenements held over by tenants. P.L.L., 1860, §888 1888, §863 1915, §850 1927, §850 1930, §850 1938, §1131 1949, §734 1969, §9-18 1898, ch. 123, §850 Ord. 19-036 Ord. 42-684

If by agreement of the parties the time and manner of notice is specified, such notice shall be given as the agreement provides, and when given by the landlord, shall entitle him to all the benefits of the preceding sections, without any other notice. P.L.L., 1860, §889 1888, §864 1915, §851 1927, §851 1930, §851 1938, §1132 1949, §735 1969, §9-20 1898, ch. 123, §851

In addition to any other notice required under <cite>this article</cite> to terminate any lease or rental contract, any tenant vacating any such tenement shall notify the landlord or his agent, at least seventy-two hours before such removal, as to the date upon which he proposes to vacate. Upon receiving such 72-hour notice, the landlord or his duly authorized agent has a right to inspect the premises in search of any violation of the tenancy; and if, after this personal inspection, the tenant is found to be in default as to any of the terms, covenants or conditions of his tenancy or if the tenant is found to be in violation of any other provisions of <cite data-path="9|§9-21">this section</cite>, the landlord may advise the tenant it is the tenant’s duty to give notice of the address to which he intends to move; and upon receiving such further notice, the tenant shall advise the landlord or the landlord’s agent of the address of the property to which he will move. Upon vacating, such tenant shall secure and lock all doors and windows, and openings in cellar and cellar way, and shall leave the premises clean and free from debris and trash. Within twenty-four hours thereafter, such tenant shall deliver all keys to the demised premises in his possession to the landlord or his agent, in person or by registered mail, and receive a receipt therefor. Any tenant failing to comply with the provisions of <cite data-path="9|§9-21">this section</cite> shall be subiect to a fine of not less than twenty-five dollars nor more than one hundred dollars, such fine to be assessed by any court having jurisdiction thereof; provided, however, that neither the delivery of such keys nor the acceptance thereof by the landlord or his agent, shall relieve the tenant of any liability for rent due or to become due, or for any other obligation, under the terms of his lease or rental agreement. P.L.L., 1969, §9-21 Ord. 58-1294 Ord. 60-342

If the summons issued for the tenant in a proceeding to dispossess him be returned non est, a second summons, returnable in not less than five days shall be issued, and a notice shall be sent to the tenant by first class mail, and if the tenant shall not be found, a copy of the second summons shall be left with the occupant of the premises, or if they be vacant, affixed to some principal building, or if no building then set up on the premises and on the day assigned in the summons for the appearance of the party the Judge shall proceed as if he had appeared, provided notice has been sent to the tenant at the time the second summons is issued. P.L.L., 1860, §891 1888, §886 1915, §853 1927, §853 1930, §853 1938, §1134 1949, §737 1969, §9-23 1898, ch. 123, §853 1973, ch. 797 1979, ch. 125

The landlord or reversioner may file with the District Court interrogatories to be answered by the tenant touching the tenancy or notice, or for any other matter of evidence in support of the pretensions of said landlord or reversioner, in and about such proceeding. P.L.L., 1860, §892 1888, §867 1915, §854 1927, §854 1930, §854 1938, §1135 1949, §738 1969, §9-24 1898, ch. 123, §854 1979, ch. 125

If a copy of such interrogatories be served on the tenant, he shall answer the same before the third day, exclusive of the day of service; and upon his failure to answer the matters inquired of by such interrogatories, they shall be taken as confessed by him; but on cause shown, the judge may give further time for answering; not exceeding eight days in the whole, from and exclusive of the day of service. P.L.L., 1860, §893 1888, §868 1915, §855 1927, §855 1930, §855 1938, §1136 1949, §739 1969, §9-25 1898, ch. 123, §855 1979, ch. 125

The copies of said interrogatories may be served in the same manner that notices to quit are directed to be served. P.L.L., 1860, §894 1888, §869 1915. §856 1927, §856 1930, §856 1938, §1137 1949, §740 1969, §9-26 1898, ch. 123, §856

If in any proceeding by a landlord to dispossess a tenant the judgment be in his favor, the judge shall assess against the tenant holding over the premises, damages not exceeding double the rate of the rent of said tenancy, and also for the expenses of said landlord or reversioner in and about said proceeding, over and above the legal cost thereof, and shall render a judgment therefor in favor of the lessor or reversioner, to be enforced by execution. P.L.L., 1860, §895 1888, §870 1915, §857 1927, §857 1930, §857 1938, §1138 1949, §741 1969, §9-27 1898, ch. 123, §857 1979, ch. 125

If the Judge shall find against the landlord or reversioner he shall assess such damages, as he shall deem just to be paid by him to the tenant, for which, and costs, judgment shall be rendered and enforced as aforesaid. P.L.L., 1860, §896 1888, §871 1915, §858 1927, §858 1930, §858 1938, §1139 1949, §742 1969, §9-28 1898, ch, 123, §858 1979, ch. 125

In all cases the tenancy mentioned in this subheading, if the tenant, after notice, fail to quit at the end of the term, or at a period when he shall begin as aforesaid to be holding over, such tenant, his executors or administrators, may, at the election of the lessor, his heirs, executors, administrators or assigns, be held as a tenant and bound to pay double the rent to which the said tenancy was subject, and payable and recoverable in all respects and to every effect as if, by the original agreement or the understanding as to such tenancy, said double rent were the reserved rent of the demised premises, according to the terms and conditions of payment of such originally reserved rent. P.L.L., 1860, §899 1888, §872 1915, §859 1927, §859 1930, §859 1938, §1140 1949, §743 1969, §9-29 1898, ch. 123, §859

An appeal may be prosecuted from any judgment of the District Court rendered under the provisions of this subheading to the Circuit Court for Baltimore City, in the manner and under the rules prescribed in cases within the ordinary jurisdiction of the District Court; the tenant, or the tenant’s personal representative, in order to stay any execution of the judgment against them, giving, on such appeals, bond with security, with condition to prosecute the appeal with effect, and to answer to the landlord, or the landlord’s personal representative, all costs and damages mentioned in the judgment, and such as shall be further incurred and sustained by reason of said appeal and the delay arising from that time. P.L.L., 1860, §900 1888, §873 1915, §860 1927, §860 1930, §860 1938, §1141 1949, §744 1969, §9-30 1898. ch. 123, §860 1979, ch. 125 1986, ch. 345

Landlord and tenant cases shall not be removable to the Circuit Court for Baltimore City, at any stage except by and upon appeal as authorized under this title. P.L.L., 1860, §901 1888, §874 1915, §861 1927, §861 1930, §861 1938, §1142 1949, §745 1969, §9-31 1898, ch. 123, §861 1986, ch. 345

No proceeding to dispossess a tenant holding over, had before the District Court and removed by appeal to the Circuit Court for Baltimore City, shall by such Court be reversed or set aside for matter of form; and any case thus removed by appeal, if the proceeding thereunder shall be set aside or appear to be substantially defective, shall be proceeded within said Court in the same manner and to the same effect, upon the claim and complaint and merits, and upon evidence to be adduced therein as it was or might have been competent to said District Court to have proceeded therewith. P.L.L., 1860, §902 1888, §875 1915, §862 1927, §862 1930, §862 1938, §1143 1949, §746 1969, §9-32 1898, ch. 123, §862 1979, ch. 125 1986, ch. 345

Every such appeal shall be tried and finally determined and proceeded with at the first term to which such case shall be removed to the said court, unless for cause shown upon affidavit the court shall otherwise order. P.L.L., 1860, §903 1888, §876 1915, §863 1927, §863 1930, §863 1938, §1144 1949, §747 1969, §9-33 1898, ch. 123, §863

The provisions of the preceding sections of this subheading, relating to tenants holding over, shall extend to the heirs, executors and assigns of lessors and reversioners, and to the executors and all persons holding under tenants, and to all cases where there are two or more tenants, in which case each tenant shall be entitled to the notices and the benefit of each condition contained in the preceding sections of the subheading. P.L.L., 1860, §904 1888, §877 1915, §864 1927, §864 1930, §864 1938, §1145 1949, §748 1969, §9-34 1898, ch. 123, §864

This subheading may be cited as the “Lexington Market Authority Act”. P.L.L., 1969, §10-1 1945, ch. 863

There is hereby created a body corporate and politic to be known as the “Lexington Market Authority”, which shall be deemed an instrumentality of the Mayor and City Council of Baltimore and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of five members to be appointed by the Mayor of Baltimore, each of whom shall be a citizen of the State and a resident of the Baltimore Metropolitan District at the time of his respective appointment or reappointment, at least three of whom shall be residents of Baltimore City at the time of their respective appointments or reappointments. The original appointments shall be made in such manner that the term of one member shall expire on July 1, 1946, the term of another member shall expire on July 1, 1947, the term of another member shall expire on July 1, 1948, the term of another member shall expire on July 1, 1949, and the term of the remaining members shall expire on July 1, 1950. Their successors shall be appointed for terms of five years from the dates of expiration of their respective terms of office, except that any person appointed to fill a vacancy shall serve only for the unexpired term, and any member of the Authority shall be eligible for reappointment. Immediately after such appointment, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman and another as Vice-Chairman, and shall also elect a Secretary-Treasurer who may or may not be a member of the Authority. Three members of the Authority shall constitute a quorum. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall not be entitled to compensation for their services, but they shall be reimbursed for actual expenses necessarily incurred in the performance of their duties; provided, however, such reimbursement shall be made solely from funds provided under the authority of this subheading. The Authority shall make necessary rules and regulations for its own government. The Authority may delegate to one or more of its members, or to its officers, agents and employees such powers and duties as it may deem proper. When all of the revenue bonds or revenue refunding bonds issued pursuant to the terms of this subheading shall have been paid and retired, the Authority shall thereupon promptly close out its business and affairs, and all real and personal property, leases, contracts, rights and other property of the Authority shall thereupon revert to and be assumed by the Mayor and City Council of Baltimore, and the Authority shall execute such deeds and assignments as may be necessary to transfer and convey to the Mayor and City Council of Baltimore title to such property, assets and rights, and the Authority shall thereupon be considered as automatically dissolved without the necessity of any formal dissolution proceedings. The Mayor and City Council of Baltimore shall thereafter own, possess, utilize, manage, operate and conduct said Market and its facilities in such manner as is or may be provided by <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite> of Baltimore with reference to properties of like kind and character, or in such manner as may be determined by ordinance or ordinances of the City Council. P.L.L., 1969, §10-2 1945, ch. 863 1951, ch. 525

As used in this subheading, the following words and terms shall have the following meanings: The word “Authority” shall mean the Lexington Market Authority created by <cite data-path="10|§10-2">Section 10-2</cite> of this subheading. The word “City” shall mean the Mayor and City Council of Baltimore, a corporation of the State of Maryland. The word “Council” shall mean the City Council, the Legislative Department of the Mayor and City Council of Baltimore. The term “existing market” shall mean and shall include, all lands, buildings, structures, parking lot sites, stalls, facilities and properties constituting the market commonly known as the “Lexington Market” and located within the boundaries set forth in Section 129, Article 27, Baltimore City Code {(1927 Edition)}, as amended by Ordinance No. 126, approved February 19, 1940. The term “purchase price of the existing market” shall mean the price agreed upon by the Authority and the City, to be paid in cash or in bonds of the Authority at par, for the existing market or so much thereof as the Authority shall agree to purchase from the City, and in determining such purchase price the Authority and the City shall take into consideration the original cost of the existing market, reasonable depreciation, reproduction cost, revenues, cost of operation and maintenance, and all other available information relating thereto. The word “Market” shall mean and include the existing market or so much thereof as shall be purchased by the Authority, such existing market or portion thereof as remodeled or reconstructed, any and all buildings, sites, structures, facilities, and properties used or useful in connection with the buying, storing, refrigerating, processing or sale of food products of all kinds, whether on the site of the existing market or on property adjacent thereto or useful in connection therewith, and any enlargements, improvements, reconstruction or extension thereof, and shall include parking and other ancillary facilities. The term “cost of the Market” shall mean and include the purchase price of the existing market, the cost of all land, property, rights, easements, and franchises deemed necessary for the construction and establishment of the Market, the cost of all labor, materials, machinery and equipment, financing charges, interest prior to and during construction and for six months after completion of construction, cost of engineering, architectural and legal services, plans, specifications, surveys, estimates of cost and of revenues, other expenses necessary or incident to determining the feasibility or practicability of such construction, administrative expense and such other expenses as may be necessary or incident to the financing herein authorized and the construction and establishment of the Market, including the remodeling or reconstruction of the existing market, and the placing of the Market in operation. Any expense heretofore or hereafter incurred by the City and included in the foregoing definition of cost of the Market shall be regarded as a part of such cost and shall be reimbursed to the City out of the proceeds of the revenue bonds issued under the provisions and authority of this subheading. P.L.L., 1969, §10-3 1945, ch. 863

The Authority shall have power: to have a seal and alter the same at pleasure; to acquire, hold, and dispose of real and personal property for its corporate purposes; to acquire from the City the whole or any part of the existing market at a purchase price to be agreed upon between the City and the Authority, and to pay such purchase price in cash or in bonds of the Authority at the par value of such bonds; to establish, construct, erect, acquire, own, repair, remodel, add to, extend, improve, equip, operate and maintain the Market, and to pay the cost of the Market solely from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; to make contracts and leases and to execute all instruments necessary or convenient, including contracts or leases with respect to the use of the facilities of the Market, parking facilities, concessions, stalls, or other facilities on such terms and for such of its corporate purposes as the Authority may deem advisable; to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation and in accordance with and subject to the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises or licenses convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of the same or to dispose thereof in any manner it may deem to the best advantage of the Authority; but the Authority shall be under no obligation to accept and pay for any property condemned under this subheading, except from the funds provided under the Authority of this subheading. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned; and if the Authority shall deem it expedient to establish or construct the Market on any lands, streets, alleys or public places, the title to which shall then be in the City, the City, through its proper officials is hereby authorized to convey title to such lands, streets, alleys, or public places to the Authority upon payment to the City the reasonable value of such lands, such value to be determined by the Authority and by the City Council; such payment to be in cash or in bonds of the Authority at par. to appoint and dismiss officers, agents and employees including engineering, architectural and construction experts and attorneys, and to fix their compensation; to borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from earnings of the Market, and to provide for the payment of the same and for the rights of the holders thereof; to have and exercise jurisdiction, control, possession and supervision of the existing market, or so much thereof as the Authority shall purchase from the City, upon payment of the purchase price of the existing market; and the Authority shall be and is hereby authorized to abandon, remodel or reconstruct the whole or any part of the existing market, or incorporate the existing market or any part thereof into the Market;to exercise any power usually possessed by private corporations in performing similar functions, which is not in conflict with the Constitution and laws of this State; and (11 ) to do all things necessary and convenient to carry out the powers expressly granted by this subheading. P.L.L., 1969, §10-4 1945, ch. 863

The City is hereby authorized and empowered to convey to the Authority the existing market or any part thereof upon receipt by the City of the purchase price therefor, either in cash or in bonds. The City is hereby authorized and empowered to vacate any or all streets, alleys or other public places required to insure proper operation of the Market and the full and complete utilization of its facilities, and the City may grant to the Authority the exclusive right to use such vacated streets, alleys or other public places for the purpose of the Market, subject to such terms and conditions and in such manner as the City and the Authority may lawfully agree upon. P.L.L., 1969, §10-5 1945, ch. 863

Revenue bonds issued under the provisions of this subheading shall not be deemed to constitute a debt of the City or a pledge of the faith and credit of the City, but such bonds shall be payable solely from the funds of the Authority hereinafter provided therefor from revenues of the Market. All such bonds shall contain a statement on their face to the effect that the City is not obligated to pay such bonds or the interest thereon. The issuance of revenue bonds under the provisions of this subheading shall not directly or indirectly or contingently obligate the City to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. P.L.L., 1969, §10-6 1945, ch. 863

In the operation of the Market the Authority shall preserve, to the extent required by law, all rights of any persons in or to any of the stalls now located in the existing market, and shall give first choice as to location in the rental of stalls in the Market to the present tenants of stalls in the existing market. P.L.L., 1969, §10-7 1945, ch. 863

The Authority shall have power and is hereby authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds of the Authority for the purpose of paying all or a part of the cost of the Market. The resolution authorizing the issuance of revenue bonds under the provisions of this subheading shall state the purchase price of the existing market, and revenue bonds in an amount equal to such purchase price shall be included in the authorized issue of bonds hereunder. The revenue bonds shall be dated, shall bear interest at such rate or rates not exceeding six per centum per annum, payable semi-annually, and shall mature at such time or times not exceeding forty years from their date or dates, as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority prior to the issuance of the bonds. The principal of and the interest on such bonds may be made payable in any lawful medium and shall be payable solely from the special fund provided by this subheading for such payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, the manner of executing the bonds, the denomination or denominations of the bonds, and the place or places of payment of principal and interest thereof, which may be a bank or trust company within or without the State. In case any officer whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All revenue bonds issued under the provisions of this subheading shall have and are hereby declared to have, as between successive holders, all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Provision may be made for the registration of any of the bonds in the name of the owner as to principal alone and also as to both principal and interest, and for the issuance of new coupon bonds in exchange for bonds registered as to both principal and interest. Such bonds shall be sold by the Authority in such manner and for such price as it may determine to be for its best interests, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than six per centum per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values; provided, however, that if the purchase price of the existing market shall be paid to the City in bonds of the Authority such bonds shall be registered in the name of the City as to both principal and interest and deposited with the City. None of the provisions of Sections 35 and 36 of Article 31 of the Code of Public General Laws of Maryland (1939 Edition) shall have any application to the bonds hereby authorized and such bonds are hereby explicitly exempted therefrom, but all such bonds shall be treated as negotiable instruments, as provided in Section 33 of said Article 31. If the proceeds of the revenue bonds, by error of calculation or otherwise, shall be less than the cost of the Market, additional bonds may be issued to provide the amount of such deficit, and unless otherwise provided by the authorizing resolution or in the trust indenture hereinafter mentioned, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for such purposes. If the proceeds of such bonds shall exceed such costs, the surplus shall be paid into the sinking fund hereinafter provided for the payment of the principal of and interest on the bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without an election or any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified and required by this subheading. The resolution providing for the issuance of revenue bonds may also provide for the issuance of additional revenue bonds, not exceeding an amount to be fixed in such resolution or trust indenture, for the purpose of paying the cost of any extensions, additions and improvements which may thereafter become necessary; such additional revenue bonds may be sold from time to time in the manner hereinabove provided, and shall be deemed a part of the original issue authorized by such resolution, and shall be issued under such restrictions and limitations as may be prescribed by such resolution or trust indenture; provided, however, that such additional bonds shall rank equally and on a parity with the other bonds authorized thereby. The Authority is hereby authorized to provide by resolution for the issuance of its revenue refunding bonds for the purpose of refunding any revenue bonds then outstanding and issued under the provisions of this subheading. The issuance of such revenue refunding bonds, the maturities and other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the provisions of this Act insofar as the same may be applicable. The Authority is further authorized to provide by resolution for the issuance of a single issue of its revenue bonds for the combined purposes ofpaying the cost of any improvement, extension, enlargement or reconstruction of the Market, and of refunding its revenue bonds which shall theretofore have been issued for such Market and shall then be outstanding and which shall then have matured or be subject to redemption or can be acquired for retirement. P.L.L., 1969, §10-8 1945, ch. 863

All monies received from any revenue bonds issued and sold under the provisions of this subheading shall be applied solely for the purposes for which the bonds shall be authorized or to the sinking fund created for the payment of such bonds, and there shall be and there hereby is created and granted a lien upon such monies until so applied in favor of the holders of such bonds or the trustee hereinafter provided for in respect of such bonds. P.L.L., 1969, §10-9 1945, ch. 863

In the discretion of the Authority, such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign all revenues to be received from the Market but shall not convey or mortgage the Market or any part thereof. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper, not in violation of law, including covenants setting forth the duties of the Authority in relation to the construction, acquisition, improvement, installation, maintenance, operation, repair and insurance of the Market and the custody, safeguarding and application of all monies, and may provide that the Market shall be constructed and paid for under the supervision and approval of consulting engineers employed or designated by the Authority and satisfactory to the original purchasers of the bonds issued hereunder, and may further provide that the security given by contractors and by any depositary of the proceeds of the bonds or revenues of the Market or other monies pertaining thereto, be satisfactory to such purchasers. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as depositary of the proceeds of the bonds or revenues and to furnish such indemnity bonds or to pledge such securities as may be required by the Authority. Such resolution or such trust indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. Except as in this subheading otherwise provided, the Authority may provide by resolution or by such trust indenture for the payment of the proceeds of the sale of the bonds and the revenues of the Market to such officer, board or depositary as it may determine for the custody thereof, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the Market. P.L.L., 1969, §10-10 1945, ch. 863

The Authority is hereby authorized to fix and revise from time to time rates or charges for the use of the facilities of the Market, including parking facilities, and to charge and collect the same, and to contract with any person, partnership, association or corporation desiring the use of any of the facilities of the Market or any part thereof, and to fix the terms, conditions and rates of charges for such use. Such rates or charges shall be so fixed and adjusted as to provide a fund sufficient with other revenues of the Market, if any, to paythe cost of maintaining, repairing and operating the Market unless such cost shall be otherwise provided for, including reserves for such purposes and for replacements, depreciation and necessary extensions, and the bonds and the interest thereon as the same shall become due, and reserves for such purpose. Such rates or charges shall not be subject to supervision or regulation by any other State or City commission, board, bureau or agency. The rates, charges and all other revenues derived from the Market, except such part thereof as may be required to pay the cost of maintaining, repairing and operating the Market and to provide such reserves as may be provided for in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be set aside at such regular intervals as may be provided in such resolution or such trust indenture, in a sinking fund which is hereby pledged to, and charged with payment of, the interest upon such bonds as such interest shall fall due, the principal of the bonds as the same shall fall due, the necessary fiscal agency charges for paying principal and interest, and any premium upon bonds retired by call or purchase as herein provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of bonds, or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of bonds or of the trust indenture, any monies in such sinking fund in excess of an amount equal to one year’s interest on all bonds then outstanding may be applied to the purchase or redemption of bonds. All bonds so purchased or redeemed shall forthwith be cancelled. Notwithstanding the aforegoing provisions of <cite data-path="10|§10-11">this section</cite>, the Mayor and City Council may at its discretion, by ordinance, provide for cleaning the Market and removing garbage therefrom, subject to such limitations, terms and conditions as the Mayor and City Council may in its discretion determine, but such ordinance shall not have the force of a contract with the bondholders and shall be subject to amendment or repeal at anytime. P.L.L., 1969, §10-11 1945, ch. 863

Any holder of revenue bonds issued under the provisions of this subheading or of any of the coupons attached thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of Maryland or granted hereunder or under such resolution or trust indenture, or under any ordinance of the Council, and may enforce and compel performance of all duties required by this subheading or by such resolution, trust indenture or ordinance to be performed by the Authority or the City or by any officer thereof, including the fixing, charging, and collecting of rates and charges for the use of the facilities of the Market. P.L.L., 1969, §10-12 1945, ch. 863

It is hereby found, determined and declared that the establishment of the Market under the provisions of this subheading is in all respects for the benefit of the inhabitants of the City and is a public purpose, and that the City and the Authority will be performing an essential governmental function in the exercise of the powers conferred by this subheading, and the Authority shall not be required to pay any taxes or assessments upon the Market or any part thereof or upon its activities in the operation and maintenance of the Market or upon any revenues therefrom, and the Market and the bonds of the Authority and the interest thereon shall be and remain forever exempt from all State, municipal and local taxation; provided, however, that the Authority may pay to the City within three months after the close of each fiscal year of the Authority, the amount determined by any contract entered into by and between the Authority and the City as the amount to be paid to the City in lieu of taxes; provided, further, the amount so to be paid pursuant to any such contract shall not be in excess of the amount of the annual ad valorem property tax which shall have been levied by the City upon any part of the Market property in the last tax levy prior to the acquisition thereof by the Authority, such payments, however, to be made only from the net revenues, if any, of the Authority for each such fiscal years which remain after paying all expenses of maintaining, repairing and operating the Market, making all required payments or transfers of monies to the credit of the Sinking Fund for the bonds issued under the provisions of this subheading and then outstanding, setting aside reserves for such purposes, and setting aside reserves for depreciation, improvements and extensions of the Market, all as may be required by any such contract or by the resolution authorizing such revenue bonds or by the trust indenture securing the same. P.L.L., 1969, §10-13 1945, ch. 863

The provisions of this subheading shall be deemed to provide an additional and alternative method for the doings of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws and shall, except as provided in Section 15 {sic} hereof, not be regarded as in derogation of any powers now existing, and such provisions shall be liberally construed to effect the purposes thereof. P.L.L., 1969, §10-14 1945, ch. 863

The provisions of this subheading are severable, and it is the intention to confer the whole or any part of the powers herein provided for, and if any of the provisions of this subheading shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions of this subheading. It is hereby declared to be the legislative intent that this subheading would have been adopted had such unconstitutional provision not been included therein. P.L.L., 1969, §10-15 1945, ch. 863

It shall be unlawful for any retail grocery, food market, butcher or any other person, firm or corporation to sell, offer or expose for sale or to keep in any establishment from or in which food products are sold, any meat products which are labeled or represented as hamburger or ground or chopped beef unless the composition of these products complies with the following standards:Hamburger shall consist of chopped fresh beef, with or without the addition of beef fat as such and/or seasoning, and shall not contain more than thirty (30) per cent of fat. Ground or chopped beef shall consist of chopped fresh beef, with or without the addition of beef fat as such and/or seasoning, and shall not contain more than thirty (30) per cent of fat. Any violation or failure to comply with any of the provisions of <cite data-path="10|§10-16">this section</cite> shall be punishable by a fine of not more than one hundred dollars ($100.00) for each violation. P.L.L., 1969, §10-32 1969, ch. 519

Before the issuance of said certificates of indebtedness, or any part thereof {cf. Ch. 29, Acts of 1951}, the Mayor and City Council of Baltimore, by ordinance, shall create a board, body, commission or other agency of the Mayor and City Council of Baltimore and confer upon such agency full power to administer and supervise the proceeds derived from the sale of the certificates of indebtedness, including, but not limited to, the expenditure and disposition thereof, and to appoint, employ, hire or engage such assistants, aides and employees as may be deemed necessary for the proper performance of the duties of the agency, and, with the approval of the Board of Estimates of the Mayor and City Council of Baltimore, to employ or hire, from time to time, by contract, consulting, planning or designing engineers or architects or other persons possessing technical or specialized skills in connection with the duties and powers of the agency; and such agency shall exercise all powers and authority conferred upon it in accordance with the provisions of the Charter of the Mayor and City Council of Baltimore as it is now constituted or as it hereafter may be amended. P.L.L., 1949, §706 1969, §12-1 1948 Sp. Sess., ch. 28

No part of the proceeds of sale of the certificates of indebtedness hereby authorized to be issued {cf. Ch. 29, Acts of 1951} shall be expended until after the Off-Street Parking Commission of Baltimore City has submitted its written recommendation, which shall set forth the purposes for, and the terms and conditions upon, which each particular sum of money is to be expended, to the Board of Estimates of the Mayor and City Council of Baltimore and such recommendation has been approved by said Board of Estimates. In addition, no part of the proceeds of sale of the certificates of indebtedness hereby authorized to be issued shall be expended for actually constructing, erecting, altering, expanding, enlarging, improving or equipping any building, structure or facility on, under or in any land or property, regardless of who owns or otherwise holds or controls any such land or property, for storing, parking and servicing self-propelled vehicles (as distinguished from funds which are necessary to be expended in connection with the acquisition of land or properly or the preparation of plans or the employment of assistants, aides and employees of the Off-Street Parking Commission of Baltimore City or other matters or things which are usually and generally preliminary to the commencement of actual construction work) until after the municipal corporation, with the approval of its Board of Estimates, shall have entered into a binding contract with a private, public or quasi-public corporation, partnership, association, person or other legal entity secured to the satisfaction of the said Board of Estimates, under the terms of which the Mayor and City Council of Baltimore will be reimbursed for at least all expenditures of money made by it in connection with the particular project involved, and for all interest charges paid or to be paid by the Mayor and City Council of Baltimore on all funds borrowed by it and expended in connection with the particular project involved, and for all estimated real estate taxes that the Mayor and City Council of Baltimore will lose as a result of it acquiring any land or property involved in the particular project. Any such contract, after it has been executed on behalf of the Mayor and City Council of Baltimore by the Mayor of Baltimore City and the corporate seal of the municipality affixed thereto duly attested by the Treasurer of the Municipality {City Finance Director} and approved by the said Board of Estimates, shall constitute a legal and binding obligation of the Mayor and City Council of Baltimore. In case any construction or improvement be made on, under, in or appurtenant to any land or other property now or hereafter owned by the Mayor and City Council of Baltimore, the appraised value of said land or other property shall be included and considered as a part of the expenditures of money made by the Mayor and City Council of Baltimore in connection with the particular project involved and shall be given full consideration in any such contract entered into by the Mayor and City Council of Baltimore. P.L.L., 1969, §12-2 1951, ch. 29

The Off-Street Parking Commission of Baltimore City is hereby vested with full power to administer and supervise the proceeds derived from the sale of the bonds {cf. Ch. 212, Acts of 1961}, including, but not limited to, the expenditure and disposition thereof. The Commission may appoint a Secretary who shall perform such duties as may be imposed upon him by ordinance of the Mayor and City Council of Baltimore or as may be assigned to him by the Commission, and appoint, employ, hire or engage such assistants, aides and employees as may be deemed necessary for the proper performance of the duties of the Commission. The compensation of said Secretary and other assistants, aides and employees shall be subject to the approval of the Board of Estimates of the Mayor and City Council of Baltimore and shall be paid as provided in the annual Ordinance of Estimates of said municipality. The Commission, with the prior approval of the Board of Estimates, may employ or hire, from time to time, by contract, consulting, planning or designing engineers or architects or other persons possessing technical or specialized skills in connection with the duties and powers of the Commission. The Commission shall exercise all powers and authority conferred upon it in accordance with the provisions of the Charter of the Mayor and City Council of Baltimore as it is now constituted or as it hereafter may be amended. P.L.L., 1969, §12-3 1961, ch. 212

No part of the proceeds of sale of the bonds hereby authorized to be issued {cf. Ch. 212, Acts of 1961} shall be expended until after the Off-Street Parking Commission of Baltimore City has submitted its written recommendation, which shall set forth the purposes for, and the terms and conditions upon, which each particular sum of money is to be expended, to the Board of Estimates of the Mayor and City Council of Baltimore and such recommendation has been approved by said Board of Estimates. In addition, no part of the proceeds of sale of the bonds hereby authorized to be issued shall be expended for actually constructing, erecting, altering, expanding, enlarging, improving or equipping any building, structure or facility on, under or in any land or property, regardless of who owns or otherwise holds or controls any such land or property, for storing, parking and servicing self-propelled vehicles (as distinguished from funds which are necessary to be expended in connection with the acquisition of land or property or the preparation of plans or the employment of assistants, aides and employees of the Off-Street Parking Commission of Baltimore City or other matters or things which are usually and generally preliminary to the commencement of actual construction work) until after the municipal corporation, with the approval of its Board of Estimates, shall have entered into a binding contract with a private, public or quasi-public corporation, partnership, association, person or other legal entity secured to the satisfaction of the said Board of Estimates, under the terms of which the Mayor and City Council of Baltimore will be reimbursed for at least all expenditures of money made by it in connection with the particular project involved, and for all interest charges paid or to be paid by the Mayor and City Council of Baltimore on all funds borrowed by it and expended in connection with the particular project involved, and for all estimated real estate taxes that the Mayor and City Council of Baltimore will lose as a result of it acquiring any land or property involved in the particular project. Any such contract, after it has been executed on behalf of the Mayor and City Council of Baltimore by the Mayor of Baltimore City and the corporate seal of the municipality affixed thereto duly attested by the Treasurer of the municipality {City Finance Director} and approved by the said Board of Estimates, shall constitute a legal and binding obligation of the Mayor and City Council of Baltimore. In case any land or property now or hereafter owned by the Mayor and City Council of Baltimore is sold by it to any legal entity for the purpose of establishing and constructing on, under or in said land or property and structure or facility contemplated by the provisions of this Act, then the purchaser of said land or property shall pay to the municipality at least an amount of money equal to the full appraised value of said land or property, and in case any such land or property is leased by the municipality to any legal entity for any of the purposes hereinbefore mentioned, then the lessee shall pay annually to the municipality an amount of money equal to the reasonable rental value of said land or property. In the event any such land or property is sold by the municipality as aforesaid and such land or property is then reconveyed back to the municipality as security for any loan made by the municipality to the purchaser under the provisions of this Act, then such purchaser shall pay annually to the municipality in lieu of taxes a sum of money equal to an amount arrived at by multiplying the assessed valuation of said land or property for the year in which the municipality sells such land or property by the then current tax rate of the municipality. All payments made in lieu of taxes shall be made when real estate taxes of the municipality ordinarily become due and payable. P.L.L., 1969. §12-4 1961, ch. 212

The Bailiff of the said Orphans’ Court of Baltimore City shall receive a salary of not less than $4,500.00 nor more than $5,250.00 per annum, payable in monthly installments at the end of each and every month by the Mayor and City Council of Baltimore, said salary to be determined and certified to by the Judges of the Orphans’ Court of Baltimore City. From and after July 1, 1965, whenever any bailiff has served for at least ten (10) preceding consecutive years or whenever at any time any bailiff becomes physically or mentally incapacitated from performing his duties as a bailiff from disease or accident not resulting from his own misconduct, he is entitled to be retired and to receive a pension of two thousand dollars ($2,000.00) per annum. No bailiff may be retired unless a certificate is approved by the Orphans’ Court and presented to the Treasurer of Baltimore City {City Finance Director}, stating that the bailiff is entitled to retirement under the provisions of <cite data-path="13|§13-1">this section</cite>. Nothing in this subsection shall relate to or affect the retirement of any bailiff who retired or who left his position under <cite data-path="13|§13-1">this section</cite> prior to July 1, 1965, unless the bailiff had served at least ten (10) consecutive years as a bailiff prior to his retirement. P.L.L. 1888, Art. 4, §209 1915, §353 1927, §353 1930, §353 1938, §464 1949, §289 1969, §13-1 1868, ch 20 1898, ch. 123, §353 1900, ch 192 1920, ch. 125 1927, ch. 97 1947 Sp. Sess., ch. 7 1949, ch. 599 1951, ch. 377 1953, ch. 731 1955, ch. 245 1957, ch. 420 1965, ch. 177

The Register of Wills of Baltimore City shall appoint a number of appraisers as approved from time to time by the State Comptroller, for his full term of office, unless their places shall become vacant by removal from cause, death, resignation or otherwise. The said appraisers shall appraise the goods, chattels and personal estates of all decedents under administration in the Orphans’ Court of Baltimore City; and shall in each case make the charges therefor now allowed by law and certify the same to the Register of Wills; they shall receive such annual salary respectively as may be established by the State Comptroller from time to time, to be paid by said Register out of the fees of the office. The said Register shall keep an accurate account of all monies received for such appraisements, and shall account for and pay the same into the State Treasury, as he is now required by law to account for and pay other monies for which he is accountable to the State. P.L.L., 1915, §354A 1927, §354A 1930, §354A 1938, §467 1949, §290 1969, §13-2 1908, ch. 119 1919, ch. 250 1924, ch. 356 1941, ch. 228 1969, ch. 658

From and after March 15, 1904, no building, except churches, shall be erected or altered in the City of Baltimore on the territory bounded by the south side of Madison Street, the west side of St. Paul Street, the north side of Centre Street, and the east side of Cathedral Street, to exceed in height a point seventy feet above the surface of the street at the base line of the Washington Monument. P.L.L., 1915, §739A 1927, §739A 1930, §739A 1938, §865 1949, §524 1969, §14-1 1904, ch. 42

The Mayor and City Council of Baltimore, acting by and through the agency of the Board of Park Commissioners {Department of Recreation and Parks}, may acquire by gift, purchase, lease, whatever the duration of the lease, or other like methods of acquisition or by condemnation, any land situate wholly or partly within the City of Baltimore, or within the counties of Baltimore, Anne Arundel, and Howard, or any interest, franchise, easement, right or privilege therein, which may be required for the purpose of extending said park system, as aforesaid, or any part or parts thereof, and when and so often as resort shall be had to condemnation proceedings, the procedure shall be that marked out by Sections 248 to 253, inclusive, of Article 23 of the Code of Public General Laws of Maryland {cf. Title 12, Chapter 200 of the Maryland Rules of Procedure}, relating to condemnation of property by corporations, or so far as the acquisition by condemnation of any such lands situate wholly or partly within the City of Baltimore, or any interest, franchise, easement, right or privilege therein is concerned, may, in such case or cases, at the option of the Board of Park Commissioners, be such as may now or at any time hereafter provided for by any lawful ordinance or ordinances of the Mayor and City Council of Baltimore, adopted pursuant to the powers conferred upon it by Section 6 of <cite>this Article</cite>, “General Powers”, subtitle “Condemnation of Property” {Sic. Cf. Article II, §2 of <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite> (1996 Edition)}, for the condemnation of any land or property or interest therein situate wholly or partly within the City of Baltimore, or such as may be provided for the very purpose by any lawful ordinance or ordinances of the Mayor and City Council of Baltimore, which said ordinance or ordinances the said Mayor and City Council of Baltimore is hereby fully authorized to adopt; provided, provision is made therein for reasonable notice to the owner or owners, and for appeals to the Baltimore City Court by any person interested, including the Mayor and City Council of Baltimore, from the decision of any Commissioners or other persons appointed to value any such land or interest, franchise, easement, right or privilege therein. P.L.L., 1915, §739B 1927, §739B 1930, §739B 1938, §866 1949, §525 1969, §14-2 1904, ch. 338

The Commissioner may appoint persons as special enforcement officers of the City of Baltimore which may provide by ordinance for their duties, functions, and procedures as special officers. The officers may issue and serve citations and summonses to appear before the appropriate division of the District Court in proceedings for enforcement of any City code, ordinance, regulation, or provision of public local law pertaining to building, housing, zoning, fire, public health, sanitation, and parks. These officers may receive complaints and investigate all violations enumerated in paragraph (1) of this subsection and all violations of any State law or regulation concerning buildings, public health, fire, or sanitation reported to them by any State department or agency. The officers may not arrest or take into custody any violator under this subsection or otherwise have the power of arrest in their official capacity. A record of appointment of officers shall be kept by the Commissioner and any appointment may be revoked by the Commissioner at any time. The form of badge and the type of uniform that may be worn by the special enforcement officers shall be approved by the Police Commissioner. These officers may issue citations pursuant to <cite data-path="16|§16-16A|(a)">subsection (a) of this section</cite> requiring a recipient to stand trial for a violation or, alternatively, to prepay a specified fine. The City of Baltimore shall designate by ordinance the violations for which citations may be issued and the amount of the fine for each violation. The amount of the fine shall be within the range of a petty offense but may not exceed the maximum monetary penalty provided by the ordinance or other law that has been violated. A violation for which incarceration is a penalty may not be charged by prepayable citation.On each citation the issuing officer shall sign a certification under penalty of perjury that the facts contained in the citation are true to the best of the officer’s information, knowledge, and belief. Promptly after issuance and service, the issuing officer shall file the original of each citation in the appropriate division of the District Court. A certified and filed citation shall constitute prima facie evidence of the facts contained if the recipient waives trial and prepays the fine. If the presence of the issuing officer is not requested at trial, a certified and filed citation shall constitute a stipulation that if present the issuing officer would testify that the facts are as set forth in the citation. The stipulation may not be deemed a waiver of the recipient’s right to testify and to controvert the officer’s version at trial. A citation issued under <cite data-path="16|§16-16A">this section</cite> shall command and require the recipient to:stand trial for the offense charged or prepay the amount of the fine indicated, in the time, place, and manner directed; appear in the District Court for a trial when notified or at the time and place indicated on the citation; provide accurate information regarding any change in or correction of the address to which notification is to be sent as to the trial date or any other notice that relates to the citation; and sign a statement on the citation that acknowledges the receipt of the citation and that promises compliance with all of the requirements of the citation set forth in this subsection. The following information shall be contained in a citation issued pursuant to <cite data-path="16|§16-16A|(a)">subsection (a) of this section</cite>:the name and address of the recipient; essential facts of the violation charged and the provision of law violated; notice to the recipient that prepayment of the fine is a waiver of the right to trial and that prepayment authorizes the entry of a plea of no contest to the violation charged and a disposition by the court in accordance with the plea and the facts contained in the citation; notice to the recipient that the citation constitutes prima facie evidence of the facts contained if trial is waived or where the presence of the issuing officer is not requested at trial; notice to the recipient that failure to obey any requirement of the citation could result in the issuance of an arrest warrant and increased or additional fines and penalties; notice to the recipient as required by the provisions of the Maryland Rules relating to the content of charging documents; and any other necessary information. In consultation with the District Court, the City of Baltimore shall adopt by ordinance and regulation necessary and appropriate provisions and procedures to implement <cite data-path="16|§16-16A">this section</cite>. If approved by the Chief Judge of the District Court, the form of a citation under <cite data-path="16|§16-16A">this section</cite> may contain the summons. Subject to paragraph (1) of this subsection, a special enforcement officer may issue and serve a civil citation that constitutes a complaint and a summons for a violation of any codes enumerated under <cite data-path="16|§16-16A|(a)">subsection (a) of this section</cite> that, by ordinance, are subject to civil penalties or equitable remedies. A civil citation shall be served on the defendant:in accordance with Maryland Rule 3-121; or for violations related to real property, if proof is made by affidavit that a good faith effort to serve the defendant by personal delivery or by certified mail, return receipt requested has not succeeded, by:regular mail to the defendant’s last known address; and if the last known address of the defendant in the State is not a post office box:delivery to an adult at the last known address of the defendant; or posting at the last known address of the defendant; or if the last known address of the defendant is outside of the State or is a post office box, posting the citation at the property where the violation occurred. For the purposes of service of a civil citation as provided under <cite data-path="16|§16-16A|(h)">subsection (h) of this section</cite>:the address provided in the rental property registration records of Baltimore City may be used as the last known address of a defendant who is an absentee owner of residential real property; or the mail-to address provided in the real property tax records of Baltimore City may be used as the last known address of a defendant who:is an absentee owner of residential real property; and has failed to register in the rental property registration records of Baltimore City. The civil citation shall contain:the enforcement officer’s certification attesting to the truth of the matter set forth in the citation; the name and address of the person charged; the nature of the violation and citation of the specific section of law that is violated; the location, date, and time the violation was observed; the amount of the civil fine assessed; the manner, location, and time in which the fine may be paid to the City; the nature of equitable relief requested, if applicable; notice of the right of the person to elect to stand trial for the violation and to contest the City’s claim to the requested relief; notice of the effect of failing to pay the assessed fine or appear for trial at the prescribed time; and notice of the right of the person to request the presence of the issuing enforcement officer at trial. If a citation is issued for a violation arising from the condition of real property owned by the defendant, the citation may include a count demanding judgment for outstanding municipal liens against the property if the property is:a vacant lot; or a structure that is vacant and unfit for habitation. The civil citation may contain a summons in a form approved by the District Court. Except where the civil citation contains a demand for injunctive or other equitable relief or a demand for judgment in the amount of outstanding municipal liens against the property that is the subject of the citation, the summons shall specify that the defendant is not required to appear in District Court if the fine is paid as provided in the citation. An enforcement officer shall coordinate the selection of court dates with the appropriate District Court officials. If the defendant fails to pay the fine with a prepayment option as provided in the citation and fails to appear in District Court as provided in the summons:the City may double the fine to an amount not to exceed $1,000; and notwithstanding any other provision of law, if a proper motion for judgment has been made, the court may:enter judgment against the defendant and in favor of the City in the amount of the fine then due; enter an order granting equitable relief from the violation as requested by the City; or enter judgment for the City in the amount of the outstanding municipal liens against the property that is the subject of the citation. If a defendant is found by the District Court to have committed a violation that is subject to civil penalty: the court shall order the defendant to pay an amount not to exceed the fine then due, including any doubling of the fine, not to exceed the amount specified in <cite data-path="16|§16-16A|(k)">subsection (k) of this section</cite>; the fines imposed shall constitute a judgment in favor of the City; and if the fine remains unpaid for 30 days following the date of its entry, the judgment shall be enforceable in the same manner and to the same extent as other civil judgments for money unless the court has suspended or deferred the payment of the fine as provided under paragraph (2) of this subsection; the court may suspend or defer the payment of any fine under conditions that the court sets; the defendant may be liable for the costs of the proceedings in the court; the court may order the defendant to abate the violation or grant other equitable relief requested by the City, including entry of an order permitting the City to follow specific actions described in the order to abate any violation at the expense of the defendant; and if the defendant fails to comply with any order of the court, the court may hold the defendant in contempt under Maryland Rules 15-205 and 15-206 and may enforce the order under Maryland Rule 3-648. If the City abates a violation pursuant to an order of the District Court, the City shall present the defendant with a bill for the cost of abatement by:regular mail to the defendant’s last known address; or any other means that are reasonably calculated to bring the bill to the defendant’s attention. If the defendant does not pay the bill within 30 days after presentment, the City may file a motion with the District Court for entry of a judgment against the defendant for the cost of abatement. On the filing of a motion under this subsection, the defendant shall be given proper notice and an opportunity for a hearing in accordance with the Maryland Rules. Except as provided in paragraph (2) of this subsection, if a defendant fails to pay any fine or cost imposed by the District Court in an action for a violation subject to civil penalties, the District Court may punish the failure as contempt of court. A money judgment for municipal liens or abatement or enforcement expenses may not be enforced by contempt. In any proceeding for a violation subject to civil penalties:the District Court shall apply the evidentiary standards as prescribed by law or rule for the trial of civil causes, except it shall be the burden of the City to prove by clear and convincing evidence that the defendant has committed a violation for which imposition of a civil fine is sought; the District Court shall ensure that the defendant has received a copy of the citation and that the defendant understands the allegations contained in the citation; if a defendant has not requested the presence of the issuing enforcement officer, and the issuing officer is not present, a civil citation sworn to or affirmed by the officer shall be considered prima facie evidence of the facts contained in the civil citation; and the defendant may admit or deny a violation, and the court shall enter judgment for the defendant or the City. The State’s Attorney, the City Solicitor, or any attorney designated by the City is authorized to represent the City in enforcing a civil citation. P.L.L., 1969, §16-16A 1973. ch. 444 1977, ch. 299 1988, ch. 759 1997, ch. 552 2003, ch. 469

The Commissioner may appoint employees of the City as special parking enforcement officers. The Mayor and City Council of Baltimore by Ordinance may provide for their nomination, duties, functions and procedures as special parking enforcement officers. The officers may issue citations to appear before the appropriate division of the District Court for violation within the City of any City or State law or regulation pertaining to parking. The citations have the same legal effect as if issued by a Baltimore City Police Officer. Except as limited in (3) the officers have the same power and legal authority to enforce parking ordinances, laws and regulations as do police officers of the Baltimore City Police Department. The special parking enforcement officers may not arrest or take into custody any person for the violation of parking ordinances, laws or regulations or otherwise have the power of arrest in their official capacity. A record of the appointment of the officers shall be kept by the Commissioner and any appointment may be revoked by him at any time. The form of the badge and the type of uniform that may be worn by these officers must be approved by the Police Commissioner. The Baltimore City Police Department shall continue to enforce the laws regulating parking and are not relieved of any duty by <cite data-path="16|§16-16B">this section</cite>. P.L.L., 1969, §16-16B 1975, ch. 607

The Mayor and City Council by ordinance may:provide for the nomination of special traffic enforcement officers; and set the duties and functions of and procedures governing special traffic enforcement officers. Subject to the ordinance adopted under <cite data-path="16|§16-16C|(a)">subsection (a) of this section</cite>, the Commissioner may:appoint an employee of the City to be a special traffic enforcement officer; and revoke the appointment of a special traffic enforcement officer at any time. The Commissioner shall keep a record of:special traffic enforcement officer appointments; and the completion of an accredited conflict resolution training course by each special traffic enforcement officer. The Commissioner shall approve the form of badge and the type of uniform that a special traffic enforcement officer wears. Except as limited by paragraph (2) of this subsection, a special traffic enforcement officer has the same authority to control and direct pedestrian and vehicular traffic under the Maryland Vehicle Law and Baltimore City ordinances regulating motor vehicles as a police officer under the following circumstances:during regular high traffic periods; as necessitated by an emergency situation or incident; and in connection with a special event. A special traffic enforcement officer has no power to:issue citations for moving violations other than for a failure to obey lawful traffic direction or traffic control devices; or make arrests. Each special traffic enforcement officer shall complete an accredited conflict resolution training course in the time period determined by the Commissioner. 1993, ch. 345 2003, ch. 469 2006, ch. 511

It shall be the duty of the Mayor to appoint a visitor, who shall, as often as once a year, examine the books and accounts of the Trustees of the “Enoch Pratt Free Library of Baltimore City”, and make a report thereof to the Mayor and City Council of Baltimore; and said Mayor and City Council shall, in case of any abuse of their powers by said Trustees or their successors, have the right to resort to the proper courts to enforce the performance of the trust imposed on them. P.L.L., 1888, §760 1915, §789 1927, §789 1930, §789 1938, §969 1949, §597 1969, §17-1 1882, ch. 181 1898, ch. 123, §789

The Enoch Pratt Free Library of Baltimore City is hereby empowered to receive any gifts, bequests, devise or conveyance of real or personal property, which may be made to it or to its Trustees, and to hold the title to said property, and from time to time convey the same by deed or otherwise, according to the nature thereof, to the Mayor and City Council of Baltimore, for the use of said library, so that the title thereto shall be vested in the said Mayor and City Council for Baltimore, in the like manner and for the same uses as the property mentioned in the original Act incorporating said library, passed at the January Session, 1882, Chapter 181, subject to the same management and control. P.L.L., 1915, §789A 1927, §789A 1930, §789A 1938, §970 1949, §598 1969, §17-2 1900, ch. 221

The real estate and personal property vested in said Mayor and City Council by virtue of the Acts of 1882, Chapter 181, authorizing the establishing of the Enoch Pratt Free Library of Baltimore City, and to become vested by future purchases under the provisions of said Act, and the funds and franchises of the “Enoch Pratt Free Library of Baltimore City”, shall be exempt from all State and municipal taxes, forever. P.L.L., 1888, §761 1915, §790 1927, §790 1930, §790 1938, §971 1949, §599 1969, §17-3 1882, ch. 181 1898, ch. 123, §790

No railroad company incorporated by or under the authority of this State, or doing business therein, shall issue, sell or receive tickets for passage through the City of Baltimore, or make agreement or agreements with any other railroad company or companies outside of this State to issue or sell tickets for passage over their respective lines through the City of Baltimore, unless there is a coupon on said ticket for passage from a given place in or out of this State to the City of Baltimore, and another coupon on said ticket from the City of Baltimore to a given place in or out of this State. P.L.L., 1915, §792A 1927, §792A 1930, §792A 1938, § 974 1949, §602 1969, §18-1 1902, ch. 615

In issuing or selling all tickets for passage in this State through the City of Baltimore, or making agreements with other railroad companies outside of this State to issue or sell tickets for passage through the City of Baltimore, the said tickets shall permit the holders thereof to a stopover privilege of at least forty-eight (48) hours in the City of Baltimore; provided, that nothing in <cite data-path="18|§18-2">this section</cite> shall prohibit railroad companies from issuing and selling tickets without this stopover privilege in the City of Baltimore, for special occasions, when the tickets for passage are good only on excursion trains not on the regular schedule of the railroad. P.L.L., 1915, §792B 1927, §792B 1930, §792B 1938, §975:1949, §603 1969, §18-2 1902, ch. 615

All passenger trains passing through the City of Baltimore must stop at least three minutes at the principal station of the company operating said trains, and the stoppage of all trains must be announced in such manner as will give passengers ample opportunity to get off. P.L.L., 1915, §792C 1927, §792C 1930, §792C 1938, §976 1949, §604 1969, §18-3 1902, ch. 615

Any manager, officer, agent, conductor, or employee, who shall violate any of the provisions of Sections <cite data-path="18|§18-1">18-1</cite> to <cite data-path="18|§18-4">18-4</cite> shall be guilty of a misdemeanor and upon indictment and conviction thereof shall be fined not less than one hundred dollars, nor more than five hundred dollars for each offense, one-half of said fine to go to the informer. P.L.L., 1915, §792D 1927, §792D 1930, §792D 1938, §977 1949, §605 1969, §18-4 1902, ch. 615

The Board of Estimates of the Mayor and City Council of Baltimore City, subject to ratification and approval by ordinance, is hereby authorized and empowered to agree with any railroad 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 highway, street, avenue or road and which may be for the same duration as the franchise, easement or right-of-way surrendered. P.L.L., 1949, §605A 1969, §18-5 1948 Sp. Sess., ch. 60

The said several passenger street railway companies shall pay to the Mayor and City Council of Baltimore, a tax upon their gross receipts of nine percent, in quarterly installments, on the first day of January, April, July and October, in each year. P.L.L., 1888, §769 1915, §797 1927, §797 1930, §797 1938, §982 1949, §609 1969, §18-6 1882, ch. 229 1898, ch. 123, §797

The Board of Park Commissioners {Department of Recreation and Parks}, or any agent or agents of the said Commissioners, authorized in writing by a certificate signed by the president and secretary thereof, shall have authority and power from time to time, and at any time the said Board of Park Commissioners see fit, to make examination of the books, accounts and car fare registers of any or all of the street railway companies in the City of Baltimore, for the purpose of satisfying said Board of Park Commissioners that returns of the “park tax” are fairly and correctly made by said companies, and by each and every one of them; and any street railway company whose officers shall neglect or refuse, on demand of said Board of Park Commissioners, to permit the said Commissioners of any agent or agents of said Commissioners authorized in writing as above prescribed, to at any time inspect its said books, accounts and carfare registers or any of them, shall forfeit and pay a fine of one hundred dollars for each and every day it shall so neglect or refuse to comply with such demand; said penalty to be collected by an action of debt in the name of the Mayor and City Council of Baltimore. P.L.L., 1888, §769A 1915, §798 1927, §798 1930, §798 1938, §983 1949, §610 1969, §18-7 1894, ch. 550 1898, ch. 123, §798

On default of any of the street railway companies operating street railway lines within the present City limits, in the payment of the park tax of nine per centum of the gross receipts from all street railway lines within the present City limits, for the term of ten days after the expiration of any quarter, the company or companies so in default shall pay a penalty at the rate of thirty percent per annum, on the amount due from it, for the time it shall continue in default; said penalty to be recovered by an action of debt, in the name of the Mayor and City Council of Baltimore. P.L.L., 1888, §769B 1915, §799 1927, §799 1930, §799 1938, §984 1949, §611 1969, §18-8 1894, ch. 550 1898, ch. 123, §799

If any officer, agent or employee of any street railway company within the City of Baltimore shall knowingly, wilfully and corruptly certify to the Board of Park Commissioners a less sum than is actually due as the park tax of nine per centum of the gross receipts from the lines of such company within the City limits, he shall be guilty of a misdemeanor and on conviction thereof shall suffer imprisonment for not more than six months in jail, or pay a fine of not more than one thousand dollars, or both, in the discretion of the Court. P.L.L., 1888, §769C 1915, §800 1927, §800 1930, §800 1938, §985 1949, §612 1969, §18-9 1894, ch. 550 1898, ch. 123, §800

Wherever any local law for Baltimore City requires the consent of the General Assembly of Maryland for the laying of any railway track in or upon any street within the City of Baltimore, it shall be sufficient if authority to lay or construct such track is granted by an ordinance of the Mayor and City Council of Baltimore. P.L.L., 1949, §617 1969, §18-10 1931, ch. 217

There is hereby imposed upon every corporation occupying with railroad or street railway track or tracks any portion of any public highway in Baltimore City which shall hereafter be paved or repaved with improved paving by the Paving Commission of Baltimore City, the State Roads Commission, the City Engineer, the Annex Improvement Commission, or any other public commission, board or agency, the obligation to pay for the cost of such paving within the space covered by any such railroad or railway track or tracks and for a distance of two feet outside of each outer rail of such track or tracks. The cost of the paving, as herein used, shall be construed to include the cost of the removal of the old cobble or other paving, and all excavation, ballasting, grading, concreting and other work involved in such paving. This obligation shall apply whether the entire street be paved with the same kind of improved paving or whether one kind be put outside of the railway area and a different kind within the railway area, provided, no more expensive material or construction be used in the railway area than is reasonably necessary, in the judgment of the Paving Commission or other agency doing such paving, for the proper construction of the paving of the entire street. The Paving Commission, or other public agency, having in charge the construction of such paving, may permit said corporation to do any part of the work within the railway area which said Commission or other agency may consider can be done by said corporation without detriment to the public welfare or the proper progress of the work. In order to give such corporation an opportunity to do any part or parts of the work which it may be authorized to do by said Commission or other agency, the said Commission or other agency, before beginning work upon any portion of a street occupied by a railroad or railway track or tracks, shall give to the corporation owning, operating and using such track or tracks reasonable notice of its intention to do such work and of the time when it proposes to begin such work on such street. The said Commission or other agency, shall an accurate account of the cost of the work the obligation to pay for which is imposed by this subheading upon any corporation. The obligation hereby imposed shall be a lien upon the property of such corporation to the same extent as ordinary taxes against the property of such corporation, and may be enforced and collected by the same remedies used for the enforcement and collection of taxes, and payment thereof may be enforced by the Mayor and City Council of Baltimore by a suit at law or by any other remedy provided by any law or ordinance, and appropriate for said purpose. All said remedies shall be cumulative. The City, through its Paving Commission, or other Commission, board or agency doing such paving, may pay the cost of the paving in the railway or railroad area in the first instance, and in that event the said cost when paid by the railway or railroad corporation shall be credited to the fund from which the cost of said paving shall have been paid in the first instance; and the amount of the cost shall be due and payable for the work done in the railway area in any street or portion of a street embraced in each separate contract or separate undertaking of construction by said Paving Commission or other agency, upon the completion of such work. Provided, that no corporation shall be required to pay under or by virtue of the provisions of this subheading more than $100,000 during any one year. If the cost of the work for which any corporation is made liable under this subheading shall exceed $100,000 in any one year, the excess above $100,000 shall not be due and payable until the following year; the intent of this proviso being that the entire obligation imposed by this subheading shall be paid by every corporation upon which it is imposed, but that no corporation shall be called on to pay more than $100,000 thereof in any one year. P.L.L., 1915, §800C 1927, §800C 1930, §800C 1938, §988 1949, §615 1969, §18-11 1914, ch. 37

Nothing herein contained shall be construed to relieve any street railway or railroad corporation of any obligation existing or imposed upon it by any law or ordinance prior to March 10, 1914. P.L.L., 1915, §800D 1927, §800D 1930, §800D 1938, §989 1949, §616 1969, §18-12 1914, ch. 37

In the event that the existing street railway franchises, easements, interests or rights of the United Railways and Electric Company of Baltimore {>Baltimore Transit Company > Mass Transit Administration} in any of the roads within the limits of that part of Baltimore City known as the Annex as to which roads the said Street Railway Company is not legally liable to the payment of the park tax hereinafter mentioned or in any part or parts of said roads or any of them, shall in any manner, be acquired by the Mayor and City Council of Baltimore pursuant to the authority conferred upon it by Chapter 274 of the Acts of the General Assembly of Maryland for the year 1904 and ordinance of the Mayor and City Council of Baltimore No, 216, approved March 11, 1905, or by any other laws or ordinances relating to the powers and duties of the Commissioners for Opening Streets under said Acts, and application or applications shall afterward be made by the United Railways and Electric Company of Baltimore, to the Mayor and the City Council of Baltimore, subject to the provisions of Sections 7 to 12, both inclusive, and Section 37 of <cite>this article</cite> for the franchise or right to use the beds of said roads, or any of them, for its railway lines, and the ordinance or ordinances, making said application, or applications, shall be duly passed by the Mayor and City Council of Baltimore, then with the consent of the Board of Estimates, expressed in said ordinance or ordinances, the park tax of nine per centum upon the gross receipts of passenger street railway companies in the City of Baltimore, now prescribed and regulated by Sections 609 -612, both inclusive, of <cite>this article</cite>, shall, as to the bed or beds of the public highway or highways covered by said ordinance or ordinances, and for the period of eleven years accounting from the date, or respective dates of passage of said ordinance or ordinances, be payable and paid by the said United Railways and Electric Company of Baltimore, its successors and assigns, to the Mayor and City Council of Baltimore as follows: For the first three years of said period of eleven years the gross receipts of said company from its lines on the bed or beds of the public highway or highways covered by said ordinance or ordinances, shall be exempt from said park tax as at present, for the fourth year of said period of eleven years they shall be subject to said park tax at the rate of one per centum, for the fifth year to said park tax at the rate of two per centum, for the sixth year to said park tax at the rate of three per centum, for the seventh year to said park tax at the rate of four per centum, for the eighth year to said park tax at the rate of five per centum, for the ninth year to said park tax at the rate of six per centum, for the tenth year to said park tax at the rate of seven per centum, for the eleventh year to said park tax at the rate of eight per centum, and thereafter to said park tax at the general rate of nine per centum each year, as now prescribed and regulated as aforesaid by Sections 609 -612 both inclusive, of <cite>this article</cite>, or at such other rate or rates as may be hereafter prescribed by law; provided, however, that the franchise or right so granted to the United Railways and Electric Company of Baltimore, its successors and assigns in said roads, or any of them, may in the discretion of the Board of Estimates so far as the same may be now perpetual, be in perpetuity; provided, however, that nothing herein shall be construed to make perpetual, or to grant in perpetuity, any franchise or right whatsoever (as a franchise or right in perpetuity) which heretofore has not been owned or enjoyed by the said United Railways and Electric Company of Baltimore as and for a right perpetual, or franchise or right in perpetuity. P.L.L., 1915, §800A 1927, §800A 1930, §800A 1938, §986 1949, §613 1969, §18-13 1906, ch. 566

In view of the fact that the beds or parts of the beds, of said roads, or some of them are now occupied by the United Railways and Electric Company of Baltimore, and its rights in such roadbeds, or parts of roadbeds, are proposed to be acquired by the Mayor and City Council of Baltimore for the sole purpose of securing for the public the unconditional use thereof as public highways, the Board of Estimates is hereby authorized, in its discretion, after the acquisition of said roadbeds, or parts of roadbeds, by the Mayor and City Council of Baltimore, should the United Railways and Electric Company of Baltimore, its successors and assigns, apply for the franchise or right of using any of said roadbeds, or part of roadbeds, for its railway lines, to fix the compensation or compensations, to be paid therefor, without reference to any other application or applications for the same franchises or rights by any other person or corporation, and free from the obligation cast upon it by Section 161 of <cite>this article</cite>, to fix the compensation to the Mayor and City Council of Baltimore in such cases at the largest amount that it may be able by advertisement or otherwise to obtain for the franchise or right; provided, however, that said compensation or compensations shall in no case be fixed by said Board of Estimates at a lower sum or sums than the sum or sums which the Mayor and City Council of Baltimore shall have paid, or become obliged to pay, unto said company, whether as the result of condemnation proceedings or otherwise, under the provisions of Chapter 274 of the Act of the General Assembly of Maryland for the year 1904, for the purpose of acquiring the respective street railway franchises, easements, interests or rights now or hereafter possessed or enjoyed by said company in said respective roadbeds, or parts of roadbeds as to which said application or applications for new franchises or rights shall or may be made by said company as aforesaid. P.L.L., 1915, §800B 1927, §800 B 1930, §800B 1938, §987 1949, §614 1969, §18-14 1906, ch. 566

The Orphans’ Court of said City shall order and direct the funds arising from intestates’ estates that may be administered upon in said court, and which remains undistributed for want of legal representatives of the intestates to claim the same, to be paid to the Board of School Commissioners. P.L.L., 1860, §829 1888, §781: 1915, §808 1927, §808 1930, §808 1938, §1002 1949, §622: 1969, §19-1 1898, ch. 123, §808

The Court shall not make such order until they shall be satisfied that the intestate left no legal representatives living at the time of his death; and they shall cause the administrator of such intestates to give notice, by advertisement to be inserted for such periods of time and in newspapers published in such places as they may deem necessary, that upon default of the appearance of any legal representative of the intestate, by a certain day to be fixed by the Court and named in said advertisement, the estate of said intestate will be paid to the Board of School Commissioners. P.L.L., 1860, §830 1888, §782:1915, §809 1927, §809 1930, §809 1938, §1003 1949, §623: 1969, §19-2 1898, ch. 123, §809

They shall, upon passing an order directing such payment, require from the Director of Finance of the City of Baltimore a receipt and release to the administrator for the same. P.L.L., 1860, §831 1888, §783 1915, §810 1927, §810 1930, §810 1938, §1004 1949, §624 1969, §19-3 1898, ch. 123, §810 1969, ch. 37

The release shall contain an obligation that the said funds shall be applied by the Board of School Commissioners to the use and support of the public schools of the City of Baltimore, and shall be recorded and preserved in said court as other records are. P.L.L., 1860, §832 1888, §784 1915, §811 1927, §811 1930, §811 1938, §1005 1949, §625 1969, §19-4 1898, ch. 123, §811

If the estate of an intestate shall be paid to the Board of School Commissioners under this law, and any legal representatives of the intestate of no remoter degrees among collaterals than brothers’ or sisters’ children, shall at any time appear and prove him, her or themselves to be such legal representatives, the Board of School Commissioners who received such estate, or their successors, if the same shall be in their hands or shall have been applied to the use of the public schools, shall restore the same to such legal representatives out of the school fund under their direction. P.L.L., 1860, §833 1888, §785 1915, §812 1927, §812 1930, §812 1938, §1006 1949, §626 1969, §19-5 1898, ch. 123, §812

If any person shall wilfully stop up, obstruct, injure or damage the passage of the waters of any of the common or private sewers or drains, he shall be fined a sum not exceeding one hundred dollars, to be collected as other fines are collected. P.L.L., 1860, §836 1888, §793 1915, §817 1927, §817 1930, §817 1938, §1012 1949, §627 1969, §20-1 1898, ch. 123, §817

The Mayor and City Council of Baltimore shall have full power to provide for constructing, opening, enlarging or straightening, subject to the provisions hereinbefore contained as to the Board of Public Improvements and the Board of Estimates, any sewer or drain, public or private, through any private property, upon giving thirty days’ notice in writing to the owner or agent of said private property, or to one of them, if more than one, leaving such notice at the usual place of abode of such owner or agent, or at the usual place of abode of one of them, if more than one, or if none of said parties live in the City of Baltimore, by setting up said notice on the land or premises; to provide for ascertaining what amount of actual benefit will thereby accrue to the owner or possessor of any ground or improvements within or adjoining the City, being governed as far as practicable by the number of superficial feet drained, and to provide for assessing and levying, either generally on the whole assessable property of the said City, or by a loan for the special purpose of constructing, opening, enlarging or straightening any sewer, the sum necessary to pay the expense or cost, or specially on the property of persons actually benefitted, the whole or any part of the damages and expenses which they shall ascertain will be incurred in constructing, opening, enlarging, or straightening any sewer in any street, lane or alley, or through any private property in said City; to provide for granting appeals to the court having jurisdiction thereof in Baltimore City, from the decision of any commissioners or other persons appointed in virtue of any ordinance to ascertain the damage which will be incurred or the benefits which will accrue to the owners or possessors of any ground or improvements for constructing, opening, enlarging or straightening in any street, lane or alley, or through any private property, any sewer which in their opinion the public welfare or convenience may require, and for securing to every such owner or possessor the right on application within a reasonable time to have decided by a jury trial whether any damage and what amount of damage has been caused, or whether any benefit and what amount of benefit, has accrued to them; and to provide for collecting and paying over the amount of compensation adjudged to each person to receive the same, or investing in stock of said corporation, bearing interest of five per centum per annum, for the use of any person who, because of infancy, absence from the City, or other cause, may be prevented from receiving it, before any sewer shall be constructed, opened, enlarged or straightened in any street, lane or alley, or through any private property, and to enact and pass all ordinances from time to time which shall be deemed necessary and proper to exercise the power and effect the objects herein specified. P.L.L., 1888, §794 1915, §818 1927, §818 1930, §818 1938, §1013 1949, §628 1969, §20-2 1868, ch. 181 1898, ch. 123, §818

The amount of benefits assessed on any property for constructing, opening, enlarging or straightening any sewer in any street, lane or alley, or through any private property, constructed, opened, enlarged or straightened by virtue of any ordinance passed by the Mayor and City Council of Baltimore, shall be a lien on the property and recoverable as City taxes are. P.L.L., 1888, §795 1915, §819 1927, §819 1930, §819 1938, §1014 1949, §629 1969, §20-3 1868, ch, 181 1898, ch. 123, §819

No private sewer or drain shall be constructed, altered, or repaired without a permit from the City Engineer. P.L.L., 1915, §820 1927, §820 1930, §820 1938, §1015 1949, §630 1969, §20-4 1898, ch. 123, §820

Before the Mayor and City Council of Baltimore shall pass any ordinance under <cite>this article</cite> relating to the constructing, opening, enlarging or straightening any sewer through any private street, lane or alley, or through any private property, notice shall be given of an application for the passage of such an ordinance in at least two of the daily newspapers of said City twice a week for thirty days. P.L.L., 1888, §796 1915, §821 1927, §821 1930, §821 1938, §1016 1949. §631 1969, §20-5 1868, ch. 181 1898, ch. 123, §821 1906, ch. 103

Before any commissioners appointed by any ordinance of said corporation under the preceding sections hereof shall proceed to the performance of their duty, they shall give daily notice, in at least two newspapers in the City of Baltimore, of the object of the ordinance under which they propose to act, at least thirty days before the time of the first meeting to execute the same. P.L.L., 1888, §797 1915, §822 1927, §822 1930, §822 1938, §1017 1949, §632 1969, §20-6 1868, ch. 181 1898, ch. 123, §822

Should the commissioners appointed by the Mayor and City Council of Baltimore assess any part of the expense and damage incurred in the construction, opening, enlarging or straightening any sewer in the City, upon the Mayor and City Council of Baltimore, the said Mayor and City Council of Baltimore may levy a tax on the assessable property of the City for the amount of such assessment, or they may raise the necessary amount by a loan, for the payment of which they may create a sinking fund to meet the liabilities incurred; and may also levy on the assessable property of the City of Baltimore from time to time such sums as may be necessary to provide therefor, and for the principal and interest of the liabilities incurred, and may pass all ordinances necessary to carry out the provisions of the same. P.L.L., 1888, §798 1915, §823 1927, §823 1930, §823 1938, §1018 1949, §633 1969, §20-7 1868, ch. 181 1898, ch. 123, §823

Said Commission shall be charged with the duty of projecting, constructing and establishing a sewerage system for the collection, transmission and disposal of the house and other sewage and drainage of the City of Baltimore, including, either as a combined or separate feature of said system the collection, transmission and disposal of storm and ground water, respectively, and shall be clothed with each and every and all powers which, by anything short of a palpably forced construction, may be held to be necessary or proper for these purposes, or either of them, among which powers shall be the following, that is to say: To make all such preliminary investigations and to do all such preliminary work as should, in its judgment, precede the actual projection, construction and establishment of said system of sewerage. To project and adopt such a system of sewerage as it may deem best calculated to promote the objects of this subheading. To construct and establish all such local, district, lateral, intercepting, outfall or other sewers, and all such conduits, drains and pumping or other plants, and all such buildings, structures, works, apparatus or agencies, and to lay all such mains and pipes and to create or use, or create and use, all such instrumentalities and means, within the City of Baltimore, or any counties of the State, including submerged as well as other lands, as it may deem expedient for carrying said system of sewerage, projected and adopted as aforesaid into full effect. Said commission is hereby specially empowered to lay or construct, and the Mayor and City Council of Baltimore to maintain, without compensation to the State, any part or parts of said system of sewerage, or of its works or appurtenances, over or upon any part or parts of the bed of the Patapsco River or its branches, or of any land covered by any of the navigable waters of this State, the title to which is held by this State, and if the same be deemed advisable by the said commission, the Governor of Maryland is hereby authorized and directed, upon the application of the said commission, to execute, acknowledge and deliver to the Mayor and City Council of Baltimore such deed or deeds as may be proper for the purpose of fully confirming this grant. To incorporate with said system of sewerage or otherwise utilize for the purpose of this subheading, so far as it may deem expedient, any or all existing public sewers or drains, including storm water sewers and drains, in the City of Baltimore, and any and all of their appurtenances, either in their present condition or with such repairs, modifications or changes as said commission may see fit to make, and to condemn, close up, abolish or destroy, in its discretion, any or all such existing public sewers and drains, or to alter their functions, or to increase their burdens, as it may think best. To appoint or employ a chief engineer and such other professional or technical advisers and experts, and such agents, assistants, clerks, employees and laborers, skilled or unskilled, of all kinds, as it may deem requisite, for the due and proper execution of the duties devolved upon it by this subheading, or any of them, and to fix their respective compensations and to remove or discharge them at pleasure (except such highly trained, experienced or skilled individuals as it may agree to appoint or employ upon special terms for definite and fixed periods of time), and to exact from them such indemnity bonds for the proper performance of their respective duties, as it may deem proper. To frame, promulgate and enforce such reasonable rules and regulations for its own government and for the supervision, protection, management and conduct of its work as it may believe expedient. To make and enter in the name and on behalf of the Mayor and City Council of Baltimore any and all contracts, agreements or stipulations germane to the scope of its duties and powers under <cite data-path="20">this subtitle</cite>. To purchase, hire or otherwise lawfully obtain the use of all such machinery, tools, implements, appliances, supplies, materials and working agencies as it may need for its purposes; provided, however, that this enumeration of special powers shall not be construed as restricting in any degree the scope of the general powers hereinbefore conferred upon said commission; and provided, further, that said commission shall have no authority to construct and establish any sewerage system involving the discharge of sewage, as distinguished from storm water or ground drainage, into the Chesapeake Bay or any of its tributaries. P.L.L., 1915, §824B 1927, §824B 1930, §824B 1938, §1021 1949, §634 1969, §20-8 1904, ch. 349

The Mayor and City Council of Baltimore acting by and through the agency of said commission, may acquire by gift, purchase, lease, whatever the duration of the lease, or other like methods of acquisition, or by condemnation, any land or property situated wholly or partly within the City of Baltimore or within any of the counties of this State, or any interest, franchise, easement, right or privilege therein which may be required for the purpose of constructing and establishing said sewerage system, or any part or parts thereof, or that may be needed for the workings of said system when established, and when and so often as resort shall be had to condemnation proceedings, the procedure shall be that of Title 12 of the Real Property Article of the Code of Public General Laws of Maryland, relating to condemnation of property by corporations; or so far as the acquisition by condemnation of any such land or property situated wholly or partly within the City of Baltimore, or any interest, franchise, easement, right or privilege therein is concerned, may in any case or cases, at the option of said commission, be such as may now or at any time hereafter be provided for by any lawful ordinance or ordinances of the Mayor and City Council of Baltimore, adopted pursuant to the powers conferred upon it by <cite data-doc="City of Baltimore, Md., Charter">the Charter of Baltimore City</cite>, 1964 Revision, Article II, “General Powers” Section 2, “Condemnation” for the condemnation of any land or property or interest therein, situated wholly or partly within the City of Baltimore, or such as may be provided for the purpose by any lawful ordinance or ordinances of the Mayor and City Council of Baltimore; which said ordinance or ordinances the Mayor and City Council of Baltimore is hereby fully authorized to adopt; provided, provision is made therein for reasonable notice to the owner or owners, and for appeals to the Circuit Court for Baltimore City, including the right of appeal to the Court of Special Appeals, by any person interested, including the Mayor and City Council of Baltimore, from the decision of any Commissioners or other persons appointed to value any such land or property, or interest, franchise, easement, right or privilege therein. P.L.L., 1915, §824C 1927, §824C 1930, §824C 1938, §1022 1949, §635 1969, §20-9 1904, ch. 349 1986, ch. 345

So often as any portion of said sewerage system shall be in actual operation and in a condition to collect, transmit and dispose of domestic or house sewage, the said commission shall notify the Commissioner of Health of the said City of Baltimore of that fact and impart to him the metes and bounds of said portion of said sewerage system in such state of preparedness, and it shall thereupon become his duty to require all owners of property within such metes and bounds, and shall become the duty of all such owners at their own cost and expense to forthwith connect their respective house drains at their respective building lines with said sewerage system, and to forthwith clean out and fill up their respective privy sinks, wells, cesspools or other sewerage or drainage receptacles, and to abandon the use of their existing arrangements of every sort for the disposal of sewage or drainage under the directions and control of said Commissioner of Health; and full power is hereby conferred upon the Mayor and City Council of Baltimore to pass any ordinance or ordinances and provide for any remedial proceedings or processes or for any penalty or penalties that may be necessary, in its judgment, to enable said Commissioner of Health to properly and effectively comply with the obligations or any of the obligations hereinbefore imposed upon him by <cite data-path="20|§20-10">this section</cite>, and to keep the drainage connections between said respective building lines and said sewerage system free from obstruction and in good working order; and to do any and all things reasonably necessary to be done to compel said owners of said property to place and maintain the same in relations of full cooperation with said sewerage system. P.L.L., 1915, §824G 1927, §824G 1930, §824G 1938, §1026 1949, §636 1969, §20-10 1904, ch. 349

The Sewerage Commission {Department of Public Works} shall locate its sewers intended for house connections in the rear of said houses whenever practicable and whenever said houses are not already otherwise connected with sewers, but said Sewerage Commission may locate any of said sewers in the front of said houses whenever the cost to the owners of the majority of the houses to be connected with said sewers in any block will be less if laid in front of said houses than if laid in the rear of said houses, and it shall be the duty of the Sewerage Commission to use private sewers whenever suitable and whenever any of said sewers is suitable and of sufficient capacity both to drain the houses connected with each sewer and such other houses as may be built abutting on that part of the street, alley or way in or near which said sewer is located, then the said Commission shall acquire, and it is hereby directed to acquire said sewer if the same can be obtained at a sum not exceeding fifty per cent of what would be the cost of constructing and laying a sewer of the same kind in the same place, and if the same cannot be obtained, then the said Commission shall not be required to acquire said sewer, but said Commission may either build another sewer to take the place of said private sewer, or, in its discretion, may acquire said sewer for a sum exceeding fifty per cent of said cost, or, in its discretion, may acquire said private sewer by condemnation in the method provided by said Chapter 349 of the Acts of 1904 {§§ <cite data-path="20|§20-8">20-8</cite> to <cite data-path="20|§20-10">20-10</cite> of <cite data-path="20">this subtitle</cite>}; provided, however, that when more than one private sewer shall exist in the same part of any street, alley or other way, then the said Commission shall be required to acquire, in the manner and upon the terms hereinbefore set forth, only that private sewer which in the opinion of said Commission will be best suited for said sewerage system, and provided that whenever any private sewer has been built since the passage of said Chapter 349 of the Acts of 1904, or shall hereafter be built upon any agreement with the Sewerage Commission that said sewer should thereafter be taken over by said Commission at a price or on terms agreed upon, then said sewer shall be so taken over by said Commission; and in the event of any disagreement or dispute between the owner or owners of property or properties or of private sewers, or their representatives, and the said Sewerage Commission as to the location of any lateral sewer or sewers intended for house connections, or the capacity, location or suitableness of any private sewer, or the cost of constructing and laying a sewer similar to any private sewer, then the matter shall be referred to a board composed of the four City officials now constituting the Board of Public Improvements of the City of Baltimore, under rules to be adopted by said Board, and the decision of said Board as to any of said matters so referred to said Board shall be final and binding on said Sewerage Commission and the party or parties appealing, and forty days before the work of construction of any lateral sewer or sewers intended for house connections shall be begun, said Sewerage Commission shall give notice by publication in three or more of the daily newspapers of Baltimore City of the general location of said sewer, and any property owner or other person interested in the location of said sewer or in any private sewer intended to be used or which might be used in connection with or instead of the intended sewer, may, within ten days after the first publication of said notice, apply to said Sewerage Commission for detailed information as to the location and construction of said sewer and as to what, if any, private sewers are intended to be used, and said person may, within said ten days, protest in writing to said Sewerage Commission against any part of the proposed plan of said sewer, and thereupon said Sewerage Commission, at some time within a period beginning ten days after said first publication and ending twenty days after said publication, shall make its determination in writing with reference to said protest, which determination shall be open to public inspection; and any person who has thus protested, or any other person interested in said determination may, within a period beginning twenty days after said first publication and ending thirty days after said first publication, appeal in writing to a board composed of the four City officials now constituting the Board of Public Improvements, against said determination of said Sewerage Commission with reference to said protest, and said Board so composed, within a period beginning thirty days after said first publication and ending forty days after said first publication, shall make its decision with reference to said protest, which decision, as above mentioned, shall be final and binding upon said Sewerage Commission and the party or parties appealing or protesting. P.L.L., 1915, §824J 1927, §824J 1930, §824J 1938, §1029 1949, §637 1969, §20-11 1910, ch. 630

For the purpose of preserving the sanitary condition of the City, the Mayor and City Council of Baltimore is hereby authorized to borrow money temporarily up to such an amount as may be necessary not exceeding the amount of the obligations or indebtedness of property owners to it, under the provisions of Ordinance No. 58, approved December 28, 1911, for the purpose of providing the City Engineer with the necessary funds to make the sewer connections and do the other work which he is authorized and directed to do by said ordinance, the Mayor and City Council of Baltimore is hereby authorized for the purpose of borrowing such money to give its note to be signed on behalf of the City by the Mayor, the Comptroller and the City Engineer, and to pledge as collateral the obligations or indebtedness of property owners to the City under said Ordinance No. 58 to an amount equal to the amount of the loan, and to renew such note in whole or in part from time to time, not exceeding the time of maturity of the collateral. The method of pledging such indebtedness from the owners of property under said Ordinance 58 as collateral for such loan shall be as follows: The Director of Finance shall give a certificate over his hand that there is due to the Mayor and City Council of Baltimore a certain sum under said Ordinance No. 58 from the following property owners, giving the number of the property and the name of the owner, and the amount due on each, and that said indebtedness is not pledged for any other loan. Said certificate attached to and delivered with the note of the City, as above provided, shall constitute a pledge of the indebtedness of said parties to the City as collateral security for the said note, or any renewal thereof as above provided. The Director of Finance shall collect said indebtedness, as provided in said ordinance, just as if the same were not pledged, but shall pay over to the holder of any note given under Sections 638 and 639 {<cite data-path="20|§20-12">this section</cite> and <cite data-path="20|§20-13">§20-13 of this subtitle</cite>}, all collections of any of the indebtedness pledged as collateral therefor, and such holder shall credit all such payments on such note. P.L.L., 1915, §824K 1927, §824K 1930, §824K 1938, §1030 1949, §638 1969, §20-12 1912, ch. 24

Ordinance No. 58 of the Mayor and City Council of Baltimore, approved December 28, 1911, is hereby ratified and confirmed, and every indebtedness accruing to the Mayor and City Council of Baltimore from any property owner in said City under and in pursuance of the terms of said ordinance is hereby declared to be a lien upon the property of such property owner as in said ordinance declared, and collectible as therein provided. P.L.L., 1915, §824L 1927, §824L 1930, §824L 1938, §1031 1949, §639 1969, §20-13 1912, ch. 24

The Legislature hereby finds, determines and declares that this subheading is necessary for the immediate preservation of the public peace, health and safety, and for the promotion of the general welfare. P.L.L., 1949, §695 1969, §21-1 1948 Sp. Sess., ch. 27

For the purposes of this subheading, a controlled-access facility is defined as a highway or street especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or easement of access, light, air, or view by reason of the fact that their property abuts upon such controlled-access facility or for any other reason. Such highways or streets may be freeways open to use by all customary forms of street and highway traffic; or they may be parkways from which trucks, buses and other commercial vehicles shall be excluded. P.L.L., 1949, §696 1969, §21-2 1948 Sp. Sess., ch. 27

The Mayor and City Council of Baltimore, acting alone or in cooperation with any Federal, State, or local agency having authority to participate in the construction and maintenance of highways, is hereby authorized to plan, designate, establish, regulate, vacate, alter, improve, maintain and provide controlled-access facilities for public use wherever the Mayor and City Council of Baltimore is of the opinion that traffic conditions, present or future, will justify such special facilities. The Mayor and City Council of Baltimore, in addition to the specific powers granted in this subheading, shall also have and may exercise, relative to controlled-access facilities, any and all additional authority now or hereafter vested in it relative to highways or streets within its jurisdiction. Said Mayor and City Council of Baltimore may regulate, restrict, or prohibit the use of such controlled-access facilities by the various classes of vehicles or traffic in a manner consistent with <cite data-path="21|§21-3">Section 21-3</cite> {sic}. P.L.L., 1949, §697 1969, §21-3 1948 Sp. Sess., ch. 27

The Mayor and City Council of Baltimore is authorized to so design any controlled-access facility and to so regulate, restrict, or prohibit access as to best serve the traffic for which such facility is intended. In this connection the Mayor and City Council of Baltimore is authorized to divide and separate any controlled-access facility into separate roadways by the construction of raised curbings, dividing sections or other physical separations, or by designating such separate roadways by signs, markers, stripes, and the proper lane for such traffic by appropriate signs, markers, stripes and other devices. No person shall have any right of ingress or egress to, from, or across controlled-access facilities to or from abutting lands, except at such designated points at which access may be permitted, upon such terms and conditions as may be specified from time to time. P.L.L., 1949, §698 1969, §21-4 1948 Sp. Sess., ch. 27

For the purposes of this subheading, the Mayor and City Council of Baltimore may acquire private or public property and property rights for controlled-access facilities and service roads, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation in the same manner as the Mayor and City Council of Baltimore is now or hereafter may be authorized by law to acquire such properly or property rights in connection with highways and streets within Baltimore City. All property rights and interests acquired under the provisions of this subheading shall be in fee simple except where the Mayor and City Council of Baltimore may deem other interests sufficient. In connection with the acquisition of property or property rights for any controlled-access facility or portion thereof, or service road in connection therewith, the Mayor and City Council of Baltimore may acquire an entire lot, block, or tract of land, if, by so doing, the interest of the public will be best served, even though said entire lot, block or tract is not immediately needed for the right-of-way proper. P.L.L., 1949, §699 1969, §21-5 1948 Sp. Sess., ch. 27

Court proceedings necessary to acquire property or property rights for purposes of this subheading shall take precedence over all other causes not involving the public interest in all courts, to the end that the provisions of controlled-access facilities may be expedited. P.L.L., 1949, §700 1969, §21-6 1948 Sp. Sess., ch. 27

The Mayor and City Council of Baltimore may designate and establish controlled-access highways as new and additional facilities or may designate and establish an existing street or highway as included within a controlled-access facility. The Mayor and City Council of Baltimore shall have authority to provide for the elimination of intersections at grade of controlled-access facilities with existing streets, by grade separation or service road, or by closing off such roads and streets at the right-of-way boundary line of such controlled-access facility; and after the establishment of any controlled-access facility, no highway or street which is not part of said facility shall intersect the same at grade. No city, street, or other public way shall be opened into or connected with any such controlled-access facility without the consent and previous approval of the Mayor and City Council of Baltimore. Such consent and approval shall be given only if the public interest shall be served thereby. P.L.L., 1949. §701 1969, §21-7 1948 Sp. Sess., ch. 27

The Mayor and City Council of Baltimore is authorized to enter into agreements with the federal government, and/or with the State of Maryland respecting the financing, planning, establishment, improvement, maintenance, use, regulation or vacation of controlled-access facilities or other public ways in Baltimore City to facilitate the purposes of this subheading. P.L.L., 1949, §702 1969, §21-8 1948 Sp. Sess., ch. 27

In connection with the development of any controlled-access facility, the Mayor and City Council of Baltimore is authorized to plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets or to designate as local service roads and streets any existing road or street, and to exercise jurisdiction over service roads in the same manner as is authorized over controlled-access facilities under the terms of this subheading, if, in its opinion, such local service roads and streets are necessary or desirable. Such local service roads or streets shall be of appropriate design, and shall be separated from the controlled-access facility proper by means of all devices designated as necessary or desirable by the Mayor and City Council of Baltimore. P.L.L., 1949, §703 1969, §21-9 1948 Sp. Sess., ch. 27

It is unlawful for any person to drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on controlled-access facilities; to make a left turn or a semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation, or line; to drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section or line; to drive any vehicle into the controlled-access facility from a local service road except through an opening provided for that purpose in the dividing curb or dividing section or dividing line which separates such service road from the controlled-access facility proper. Any person who violates any of the provisions of <cite data-path="21|§21-10">this section</cite> is guilty of a misdemeanor and upon arrest and conviction therefor, shall be punished by a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00), or by imprisonment in the City jail for not less than 5 days nor more than 90 days, or by both such fine and imprisonment. P.L.L., 1949, §704 1969, §21-10 1948 Sp. Sess., ch. 27

If any section, provision, or clause of this subheading shall be declared invalid or inapplicable to any person or circumstance such invalidity or inapplicability shall not be construed to affect the portions not so held or persons or circumstances not so affected. All laws or portions of laws inconsistent with the policy and provisions of this subheading are hereby repealed to the extent of such inconsistency in its application to controlled-access facilities provided for in this subheading. P.L.L., 1949, §705 1969, §21-11 1948 Sp. Sess. ch. 27

Whenever any property shall have been condemned in any form or proceeding for the use of the Mayor and City Council of Baltimore, and in consequence of infancy, insanity or absence from the City of any person or persons entitled to receive any money awarded in any such proceedings, conflicting claims, refusal to accept, or any other cause, such money cannot be safely and reasonably paid to any person or persons, it shall be lawful for the Mayor and City Council of Baltimore to file a bill or petition in any Court of Equity in the City or county where the property is condemned, or any portion thereof, lies, and whenever such Court shall be satisfied that, for any of the reasons aforesaid, that said Mayor and City Council of Baltimore should be permitted to pay the said money into such Court, it shall pass such decree as it shall deem proper, and the payment of any money into Court under any such decree or order shall be considered in all respects equivalent to a tender thereof to any person or persons entitled to such money, and who may be made a party or parties to such proceeding, and upon making such payment, the said Mayor and City Council of Baltimore shall be thereby released from all further liability for the money awarded as aforesaid to any person or persons who may be made a party or parties to such proceeding as aforesaid, and in all cases when one or more persons is or are entitled to an estate for life or years, or an estate tail fee simple, conditional, base or qualified fee, or any other particular, limited or conditional estate in property condemned as aforesaid, and any person or persons is or are entitled to a remainder or remainders, vested or contingent, or an executory devise or devises, or any other interest, vested or contingent, in the same property, if all persons in being who would be entitled to the said property if the contingency had happened at the date of the filing of the aforesaid bill or petition, shall be made parties to such proceeding, the payment into Court of the money awarded for such property shall bind all persons, whether in being or not, who claim or may claim any interest in the said property under any of the parties to the said cause, or under any person from whom any of the parties thereto claim or from or under or by the original deed or will by which such particular, limited or conditional estates with remainders or executory devises were created, and the said Mayor and City Council of Baltimore shall, upon making such payment, be thereby released from all further liability for the money awarded as aforesaid. P.L.L., 1888, §806A 1915, §827 1927, §827 1930, §827 1938, §1054 1949, §674 1969, §21-12 1892, ch. 165 1898, ch. 123, §827 1906, ch. 25

Before they pass any ordinance under Article Two of <cite data-doc="City of Baltimore, Md., Charter">the Charter of Baltimore City</cite> (1964 Revision), paragraph “Streets, Bridges and Highways”, relating to the laying out, opening, extending, widening, straightening, or closing up, in whole or in part, of any street, square, lane or alley within Baltimore City, notice shall be given by advertisement published twice a week for two consecutive weeks, in two of the daily newspapers in the City, that application shall be made for the passage of the ordinance. The notice shall set forth clearly, in the case of laying out, opening or extending any street, square, lane or alley, the length or width of the street, square, lane or alley, or part thereof to be laid out, opened or extended, and, in the case of widening or straightening shall set forth clearly both the present and the intended width, and also the length of any street, lane or alley or part thereof intended to be widened or straightened, and in case of closing shall set forth clearly the length and width of the street, lane or alley or any part thereof, intended to be closed. Notice shall also be given by filing, with the Department of Public Works on or before the first day of the publication, a map on the scale not smaller than 50 feet to the inch, prepared by some competent surveyor, whose name shall be signed to the same, which, in case of laying out, opening, extending, widening or straightening, shall show the course and the lines of the projected improvement, and also the lots and buildings thereon which shall be taken or destroyed, in whole or in part, and which, in the case of closing shall show the street, lane or alley, or part thereof, intended to be closed, and also the abutting lots and improvements thereon. The Director of the Department of Public Works shall endorse on the map his name, with the date of it being filed in his office, and keep the map where the public may have access to it. Whenever the map may be needed for the purpose of being shown at any meeting of the City Council, or of any committee thereof, he may, on the written order or request of the President of the City Council, or of the chairman of such committee, and, on obtaining his receipt therefore, allow the map to be taken from his office for that purpose, to be returned on the following day. At any time before the final passage of the ordinance, the map and the ordinance may be amended if the amendment does not substantially depart from the published notice, so as to substantially affect parties who would not be warned by the notice. P.L.L., 1860, §838 1888, §807 1915, §828 1927, §828 1930, §828 1938, §1055 1949, §675 1969, §21-13 1838. ch. 226 1898, ch. 123, §828 1906, ch. 328 1912, ch. 32 1975, ch. 865

Before the Department of Public Works shall proceed under Sections <cite data-path="21|§21-12">21-12</cite> and <cite data-path="21|§21-13">21-13</cite> to perform its duty, it shall give notice in a least two of the daily newspapers in the City of Baltimore of the object of the ordinance under which it proposes to act, at least ten days before the time of the first meeting to execute the same. P.L.L., 1860, §839 1888, §808 1915, §829 1927, §829 1930, §829 1938, §1056 1949, §676 1969, §21-14 1898, ch. 123, §829 1912, ch. 32 1975, ch. 865

Whenever the Mayor and City Council of Baltimore provides, by ordinance, for the laying out, opening, extending, widening or straightening of any highway, street, square, lane or alley in Baltimore City, such ordinance may provide that the Department of Public Works shall proceed to acquire the property necessary, in accordance with Sections <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§44A">44A</cite>, <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§44B">44B</cite>, <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§44C">44C</cite>, and <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§44D">44D</cite> of <cite data-doc="City of Baltimore, Md., Charter" data-path="VII">Article VII of the Charter of Baltimore City</cite> (1964 Revision) as amended {Article VII, §§ 43 to 46 of City Charter (1996 Edition)}, and Sections <cite data-doc="City of Baltimore, Md., Code" data-path="|26|§56">56</cite> through <cite data-doc="City of Baltimore, Md., Code" data-path="|26|§70">70</cite> of <cite data-doc="City of Baltimore, Md., Code" data-path="|26">Article 26</cite> of the Baltimore City Code as amended {Article 26, <cite data-path="3">Subtitle 3</cite> of City Code (Edition 2000}; or the ordinance may provide that the property necessary to be acquired for such laying out, opening, extending, widening or straightening, may be acquired by proceedings in the Circuit Court for Baltimore City, under Article - <cite data-doc="Md. Code" data-path="grp">Real Property, Title 12 of the Annotated Code of Maryland</cite>, and that, after the damages to be awarded shall have been ascertained by such proceedings, then the Department of Public Works may proceed to assess the benefits for the laying out, opening, extending, widening or straightening, in the same manner as if the damages had been assessed by it under Sections <cite data-doc="City of Baltimore, Md., Code" data-path="|26|§60">60</cite>, <cite data-doc="City of Baltimore, Md., Code" data-path="|26|§61">61</cite>, and <cite data-doc="City of Baltimore, Md., Code" data-path="|26|§62">62</cite> of <cite data-doc="City of Baltimore, Md., Code" data-path="|26">Article 26</cite> of the Baltimore City Code (1976 Edition) as amended {Article 26, §§ <cite data-path="3|§3-5">3-5</cite> to <cite data-path="3|§3-10">3-10</cite> of City Code (Edition 2000)}, and it shall state in the report the amount of damages assessed by the proceedings in Court to the various owners, and the expenses of the court proceedings, and its own proceedings. Before any such benefits and damages are assessed, there shall be filed with the Department of Public Works, a profile map or plat showing the grade of the proposed highway, street, square, lane, cul-de-sac, or alley with respect to the abutting property, which map or plat shall be included by the Department of Public Works, in the return of its proceedings. P.L.L., 1915, §829A 1927, §829A 1930, §829A 1938, §1057 1949, §677 1969, §21-15 1914, ch. 150, §1 1948 Sp. Sess., ch. 61, §1 1975, ch. 865 1986, ch. 345

Whenever any proceedings are instituted under Title 12 of the Real Property Article of Public General Laws of the State of Maryland by the Mayor and City Council of Baltimore for the acquisition of any property for any public purpose whatsoever, the Mayor and City Council of Baltimore, simultaneously with the filing of said proceedings or at any time thereafter, may file a Petition under oath stating that it is necessary for the City to have immediate possession of, or immediate title to and possession of, said property, and the reasons therefore. The City shall also set forth in said Petition for Immediate Taking of possession or immediate taking of title the amount it estimates to be the fair value of the said property and/or title to be acquired, and of the respective interest of each of the owners thereof if more than one, which shall be substantiated by the affidavits of two qualified appraisers, attached to said Petition. The City shall deposit into Court simultaneously with the filing of said Petition the amount of said estimate of the fair value of the property to be acquired. Upon the filing of any such Petition for Immediate Taking of Possession, the Court may direct the City to give such notice to the Defendants as the Court may deem proper. The Court may set the matter for hearing on the Petition, but any such hearing shall be held within seven days from the date of the filing of such petition; otherwise, the Court shall act on said Petition ex parte within said seven day period. In cases where the City files a Petition for Immediate Taking of title and possession to the said property in fee simple absolute or such lesser estate or interest as is specified in the Petition, title thereto shall irrevocably vest in the Mayor and City Council of Baltimore ten days after personal service of the Petition upon each and every Defendant or, if the Defendants or any of them shall file an answer to the Petition within the said ten day period alleging that the City does not have the right or power to condemn title to the property, then on the date of the trial court’s decision or on the date of decision in any appeal from the trial court. In the event the Defendants or any of them should file an answer, the court shall schedule a hearing within fifteen days of the date of the filing of an answer, which hearing shall be only for the purpose of contesting the right or power of the City to condemn title to the property. The trial court shall render its decision within fifteen days from the final day of said hearing. The City or the Defendants or any of them shall have an immediate right of appeal to the Court of Appeals of Maryland from the decision of the trial court. Possession shall vest in the Mayor and City Council of Baltimore simultaneously with the vesting of title, except when the City has taken possession previously under <cite data-path="21|§21-16|(d)">subsection (d) of this section</cite>. If it appears from a Petition for Immediate Possession, with or without supporting affidavits or sworn testimony, that the public interest requires the City to have immediate possession of said property, the Court shall, within not more than seven days after the filing of said Petition, pass an order, either ex parte or after a hearing, directing that the City may take possession of said property after the expiration of thirty days from the filing of said Petition or earlier, in the Court’s discretion. Upon passing such an order, the Court may direct the City to give such notice of said order to the Defendants as the Court may deem proper, but the Court’s requirement of notice shall not extend the time within which the City may take possession of said property. After an order has been passed as aforesaid, directing that the City may either take possession of the property or take title and possession of the property, the City shall no longer have the right to abandon said condemnation proceedings except with the consent of all of the owners of said property. At any time after the order is signed directing that the City may either take possession or title and possession of the property:the property owner or owners may petition the Court who shall, by order, direct the clerk to pay such sum so paid into Court unto such owner or owners according to their respective interest, less any public charges, City and State taxes, other assessments, and any ground rent paid by the City for and on behalf of the property owner, all adjusted to the date of taking of possession or to the date of taking title and possession as the case may be; and the City may upon proper petition and order, withdraw from the sum so paid into Court, monies in satisfaction of such public charges, City and State taxes, other assessments, and ground rents so paid by the City, all adjusted as aforesaid. Payment into Court by the Mayor and City Council of Baltimore and receipt of such money by the property owner or owners shall be without prejudice to either party and shall not be construed to prevent either party from requiring a subsequent trial to determine the value of the property. If the amount of the final award for any property owner, after trial, is more than the amount that was paid into Court by the City for the interest of such property owner, such property owner shall be entitled to a judgment against the City for the difference between such amounts. If the final award for any property owner, after trial, is less than the amount that was paid into Court by the City for the interest of such property owner, the City shall be entitled to a judgment against such property owner, for the difference between such amounts. P.L.L., 1915, §829B 1927, §829B 1930, §829B 1938, §1058 1949, §678 1969, §21-16 1914, ch. 150 1948 Sp. Sess., ch. 61 1963, ch. 372 1972, ch. 420 1999, ch. 692

In <cite data-path="21|§21-17">this section</cite> the following words have the meanings indicated. “Abandoned property” means:an unoccupied structure or vacant lot on which taxes are in arrears for at least 2 years; a building:that is unoccupied by owner or tenant; that is unfit for habitation; that has deteriorated to the point where:the building is structurally unsound; or the cost of rehabilitation significantly exceeds the post rehabilitation market value; andregarding which the owner has been issued a violation notice from the City requiring the owner to: rehabilitate the building to conform to minimum code habitability requirements; or demolish the building for health and safety reasons; a vacant lot on which a building has been demolished; or any building in a block of row houses where the block:as a whole contains 70% abandoned property as defined under subparagraph (i), (ii), or (iii) of this paragraph; and is determined by the City to require a whole-block remedy, provided that any tenant or owner-occupant has been offered assistance in accordance with <cite data-path="21|§21-17|(l)">subsection (l) of this section</cite>. “Distressed property” means a parcel of real property that is subject to a tax lien or liens with a lien or liens to value ratio equal to or greater than 15%, as determined by the Baltimore City Department of Housing and Community Development, and that:contains a dwelling unit or other structure that:has deteriorated to the extent that the dwelling unit or other structure constitutes a serious and growing menace to the public health, safety, and welfare; and is subject, under the Building Code of Baltimore City or the Housing Code of Baltimore City, to an expired violation notice and order to correct the deteriorated conditions; or is subject to a lien or liens in an amount greater than $1000 for work done by the Baltimore City Department of Housing and Community Development. The Mayor and City Council of Baltimore may file a petition in the District Court, for the public purpose of alleviating nuisance and blight, that seeks:the condemnation of abandoned or distressed property; and the immediate possession of, or the immediate possession of and title to, the abandoned or distressed property. When the City files a petition under <cite data-path="21|§21-17">this section</cite>, the City shall deposit with the District Court the amount of money estimated by a licensed appraiser to be the fair market value of the abandoned or distressed property. Service of process on an owner of abandoned or distressed property under <cite data-path="21|§21-17">this section</cite> shall be made in accordance with the provisions of <cite data-path="16|§16-16A">§ 16-16A of the Code of Public Local Laws of Baltimore City</cite>. If an owner has properly registered a current local agent and local address for service of process under the requirements of the Baltimore City Code relating to rental property registration, and service is effected by mail and posting at a last known address other than that provided in the owner’s rental property registration form, then notice of the proceedings shall be sent by certified mail to the owner at the rental property registration address. A judgment creditor is not a required party to a proceeding initiated under <cite data-path="21|§21-17">this section</cite>. A judgment creditor may join a proceeding initiated under <cite data-path="21|§21-17">this section</cite> by filing a motion under <cite data-path="21|§21-17|(f)">subsection (f) of this section</cite> within 10 days of notice being given as required by law. On motion of any person with an interest in abandoned or distressed property that is the subject of a proceeding initiated under <cite data-path="21|§21-17">this section</cite>, the issue of compensation related to the proceeding may be removed to the Circuit Court of Baltimore City for trial on that issue. The motion for removal to the Circuit Court of Baltimore City for trial on the issue of compensation shall be filed within 30 days of the date the title to the abandoned or distressed property vests with the City under <cite data-path="21|§21-16|(c)">§ 21-16(c)</cite> of this subheading. If the parties agree, trial on the issue of compensation may be held in the District Court. If the value of the abandoned or distressed property is determined to be less than the sum of public charges, City and state taxes, and other assessments regarding the abandoned or distressed property, the City is entitled to a judgment against the owner of the abandoned or distressed property for the difference. When a court vests title to the abandoned or distressed property in the City, at the request of the City, the court may name as titleholder a public or quasi-public corporation that has been designated by the City to hold title to property acquired under <cite data-path="21|§21-17">this section</cite>. Except as otherwise provided in <cite data-path="21|§21-17">this section</cite>, the provisions of <cite data-path="21|§21-16">§ 21-16</cite> of this subheading apply to a proceeding under <cite data-path="21|§21-17">this section</cite>. An action at law or in equity filed against the City by a person with an interest in abandoned or distressed property that is the subject of a proceeding initiated under <cite data-path="21|§21-17">this section</cite> shall be filed within 3 years from the date a court vests title to the abandoned or distressed property in the City. The damages awarded to a person for the improper taking of abandoned or distressed property in a proceeding initiated under <cite data-path="21|§21-17">this section</cite> are limited to the fair market value of the abandoned or distressed property at the time of the taking. If an owner-occupant or tenant of property described under subsection (a)(2)(iv) or (3) of <cite data-path="21|§21-17">this section</cite> is displaced, regardless of whether the displacement involves the use of federal financial assistance, the City shall assure that the owner-occupant or tenant is offered, at a minimum, assistance and payments to the extent that the owner-occupant or tenant would qualify for assistance and payments as a displaced person under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. If an owner of distressed property that is the subject of a proceeding initiated under <cite data-path="21|§21-17">this section</cite> satisfies the liens described in <cite data-path="21|§21-17|(a)|(3)">subsection (a)(3) of this section</cite> before a court vests title to the distressed property in the City, the court shall dismiss the petition filed by the City under <cite data-path="21|§21-17|(b)">subsection (b) of this section</cite>. <cite data-path="21|§21-17">This section</cite> does not affect the authority of the Mayor and City Council to condemn private property for public use under other provisions of law. 1999, ch. 692 2000, ch. 285 2003, ch. 429

<cite data-path="21|§21-15">Section 21-15</cite> to 21-17 shall not restrict or limit the present powers and authority vested in the Mayor and City Council of Baltimore, to condemn property situate in Baltimore City for public use. P.L.L., 1949, §681 1969, §21-18 1948 Sp. Sess., ch. 61

A tenant for ninety-nine years, or for ninety-nine years, renewable forever, or the executor or administrator of such tenant, or the guardian of an infant owner, or a mortgagee in possession, shall be deemed and taken as an owner for the purposes of any application to the Mayor and City Council authorized by this subdivision of <cite>this article</cite>; and the application of any such person shall bind the property so represented for any assessment or tax made under an ordinance passed in pursuance of the provisions of this subdivision of <cite>this article</cite>. P.L.L., 1888, §812 1915, § 830 1927, §830 1930, §830 1938, §1061 1949, §682 1969. §21-19 1874, ch. 218 1898, ch. 123, §830

Where real estate within the said City has been or may be divided according to law among heirs, legatees, joint tenants or tenants in common, entitled to the same; and such division calls for any of the streets, lanes or alleys or any part thereof surveyed and laid off under the Act of 1817, Chapter 148, or reserves of any of the streets, lanes or alleys, or any part thereof, as open, and divides such estate with reference thereto, the Mayor and City Council of Baltimore may, on application of one or more persons interested in the ground to be taken on such application, adopt and sanction by ordinance the principle under which such division was had, and open any of the said streets, lanes or alleys, or any parts thereof, in the said division reserved or recognized; provided, at least one week’s notice in the newspapers of said City (the cost of the advertisement to be paid by the applicants), be given of such application before any such ordinance shall pass. P.L.L., 1860, §842 1888, §813 1915, §831 1927, §831 1930, §831 1938, §1062 1949, §683 1969, §21-20 1833, ch. 182 1898, ch. 123, §831

All the streets, lanes, or alleys opened in the manner directed in <cite data-path="21|§21-20">Section 21-20</cite> shall be public highways, and be subject to the laws, regulations and ordinances applicable to public streets, lanes or alleys, or parts thereof, in said City. P.L.L., 1860, §850 1888, §814 1915, §832 1927, §832 1930, §832 1938, §1063 1949, §684 1969, §21-21 1832, ch. 182 1898, ch. 123, §832

They may, on application of the owners of a majority of feet in front of any private wharf, dock, street, lane or alley, cause the same to be paved, cleaned out, mended or otherwise repaved or kept in good condition or repair, and may impose upon and collect from all the proprietors of the property so to be cleaned out or repaired, a tax sufficient in amount to defray the expenses thereof, which shall be assessed upon the proprietors in proportion to the number of feet held by them, respectively, in front or length, and shall be collected by the Mayor and City Council of Baltimore as taxes levied for paving public streets. P.L.L., 1860, §851 1888. §815 1915, §833 1927, §833 1930, §833 1938, §1064 1949, §685 1969, §21-22 1898, ch. 123, §833

Whenever the Commissioner of Health shall certify in writing to the Mayor that it is necessary for the health of the City to alter the grade of any street, lane or alley on low or made ground, the Mayor shall issue his order to the City Engineer, who shall thereupon call upon the several property holders on such street, lane or alley, and procure from them their assent in writing to such alteration; and if any property holder shall refuse to permit the same to be graded, and shall require damages therefor, and cannot agree with the Highways Engineer as to the amount of damages, or should there be any legal disability on the part of those owning property on such street, lane or alley, a judge of the Circuit Court for Baltimore City, on application of the corporation, shall appoint three disinterested persons to assess such damages, who shall return on oath their award to said Court, and the same shall be confirmed by the Court unless case to the contrary be shown; in which case the Court shall at the first term thereafter decide finally thereon; and when the damages so assessed or agreed upon shall be paid by the Mayor and City Council of Baltimore to the persons so assessed, and legally entitled to receive the same, the Mayor and City Council of Baltimore may proceed to regrade and pave the said street, lane or alley. P.L.L., 1860, §854 1888, §817 1915, §834 1927, §834 1930, §834 1938, §1065 1949, §686 1969, §21-23 1898, ch. 123. §834 1986, ch. 345

The President, directors and companies of the different turnpike companies owning roads running into the City of Baltimore, may cede to said City such parts of said roads as lie within the corporate limits of said City; and the same, when ceded, shall be in all respects subject to the same regulations as unpaved public streets. P.L.L., 1860, §857 1888, §818 1915, §835 1927, §835 1930, §835 1938, §1066 1949, §687 1969, §21-24 1824, ch. 105 1898, ch. 123, §835

The Mayor and City Council of Baltimore is hereby authorized and empowered to accept from the owners thereof, a deed of the land lying in the bed of Eutaw Place extended, between North Avenue on the southeast and Druid Hill Park on the northwest, in consideration of an agreement on the part of said grantee, to be incorporated therein, that no street car or other railroad tracks shall at any time thereafter be located or placed on any part thereof. P.L.L., 1915, §836 1927, §836 1930, §836 1938, §1067 1949, §688 1969, §21-25 1894, ch. 123 1898, ch. 123, §836

Upon the execution of said deed and acceptance thereof by the Mayor and City Council of Baltimore embodying said contract prohibiting the locating or placing of car tracks upon any part of the land so to be granted, the said contract shall be and is hereby declared to be forever thereafter inviolable; provided, however, that nothing herein contained shall prevent the Mayor and City Council of Baltimore from authorizing by ordinance the location or construction of car tracks on such part of the bed of said street as are contained within the limits of intersecting or cross streets that are now or may hereafter be provided for by ordinance of said Mayor and City Council of Baltimore. P.L.L., 1915, §837 1927, §837 1930, §837 1938, §1068 1949, §689 1969, §21-26 1894, ch. 123 1898, ch. 123, §837

No avenues, streets or alleys within the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, shall hereafter be opened, established or condemned, nor shall the dedication of any avenue, street or alley in said territory be hereafter accepted by the Mayor and City Council of Baltimore unless the same shall be approved in writing by the Topographical Survey Commission consisting of the Mayor, Comptroller and Register of the City of Baltimore {Department of Public Works}, or unless the said avenues, streets or alleys be so opened, established, condemned or dedicated that the lines and grades thereof shall conform to the general plan of streets for the annex as adopted under Ordinance No. 129, approved December 3rd, 1898, or as said plan shall be amended in accordance with the provisions of <cite data-path="21|§21-27">this section</cite>, that is to say: with the approval of the aforesaid Topographical Survey Commission, the Mayor and City Council of Baltimore may by ordinance, from time to time and in any manner, alter or amend the said general plan of streets, and the said Mayor and City Council of Baltimore may thereafter by ordinance open, establish or condemn, or the Mayor of Baltimore City may receive a deed for any avenue, street or alley laid down on the said general plan of streets as amended, or if any such avenue, street or alley shall be dedicated the same may thereafter be accepted; said Topographical Survey Commission is hereby authorized to make such rules and regulations regarding surveys, plats or plans relating to the location of avenues, streets or alleys as they may deem proper from time to time. P.L.L., 1888, §824½ 1915, §840 1927, §840 1930, §840 1938, §1074 1949, §690 1969, §21-27 1894, ch. 576 1898, ch. 123, §840 1902, ch. 453 1904, ch. 433 1906, ch. 158

Every private street, lane, alley or way in the City of Baltimore which shall be hereafter laid out and opened, and which for a period of one year shall connect with, open into, or lead to or from any public street, lane, alley or way of said City, and passage between which said private street, lane, alley or way and said public street, lane, alley or way shall not be barred or obstructed by a wall, fence or similar structure erected along the dividing line between them, either without a gate or gates therein, or with a gate or gates, which shall be kept closed at all time except when in actual use, shall be conclusively presumed to have been dedicated by the owner or owners thereof to public use as public highways, and may, at any time thereafter be accepted as public highways, either by ordinance of the Mayor and City Council of Baltimore or in any other manner in which a dedication of land to public use made in any other way be accepted. The preceding provisions of <cite data-path="21|§21-28">this section</cite> shall not apply to any private streets, lane, alleys or ways laid out after the passage of this amended Act, upon plans approved by the Topographical Survey Commission of Baltimore City {Department of Public Works}, whose owner or owners shall declare them to be private by placing and maintaining a sign or signs at or near the junction or junctions of such private streets, lanes, alleys or ways with such public streets, lanes, alleys or ways on which sign or signs shall be marked with the words “Private Way”, provided and so long as such owner or owners do not grant in such private streets, lanes, alleys or ways, for a longer period than twenty-five years, any franchise, right or easement for a railway or for pipe or conduits for supplying electricity, gas, water or steam or for any other use that would be in the nature of a public service franchise. P.L.L., 1915, §840A 1927, §840A 1930, §840A 1938, §1075 1949, §691 1969, §21-28 1908, ch. 582 1912, ch. 659

Nothing herein contained shall affect any right acquired by the Mayor and City Council of Baltimore City under said Act of 1908, Chapter 582, prior to April 11, 1912. P.L.L., 1915, §840B 1927, §840B 1930, §840B 1938, §1076 1949, §692 1969, §21-29 1912, ch. 659

Every private street, lane, alley or way now existing in the City of Baltimore, which for a period of one year from April 8, 1908, shall connect with, open into, or lead to or from any public street, lane, alley or way of said City, and passage between which said private street, lane, alley or way, and said public street, lane, alley or way shall not be barred or obstructed by a wall, fence or similar structure erected along the dividing line between them, either without a gate or gates therein, or with a gate or gates which shall be kept closed at all times except when in actual use, shall be conclusively presumed to have been dedicated by the owner or owners thereof to public use as public highways, and may, at any time thereafter, be accepted as public highways, either by ordinance of the Mayor and City Council of Baltimore or in any other manner in which a dedication of land to public use made in any other way, may be accepted. P.L.L., 1915, §840C 1927, §840C 1930, §840C 1938, §1077 1949, §693 1969, §21-30 1908, ch. 583

All streets, avenues or alleys lying in that portion of Baltimore City, formerly constituting a portion of Baltimore County, and in pursuance of the Act of the General Assembly of Maryland of 1888, Chapter 98, recently annexed to the said City of Baltimore, which has prior to such annexation become streets, avenues or alleys in Baltimore County, whether by deed or dedication, shall be held for all purposes to validly constitute streets, avenues or alleys of Baltimore City, in all respects as if the same had been legally condemned as such by the Mayor and City Council of Baltimore. P.L.L., 1888, §824A 1915, §841 1927, §841 1930, §841 1938, §1078 1949, §694 1969, §21-31 1890, ch. 628 1898, ch. 123, §841

The Mayor and City Council of Baltimore is hereby authorized to enter into an agreement with the United Railways and Electric Company of Baltimore {>Baltimore Transit Company > Mass Transit Administration}, or any person, company or corporation, for the carriage and disposal from proper places that may be agreed upon for transportation on the cars of said Company for final disposition at proper places situated on or near its system of tracks in this State of such street sweepings, dirt, ashes and garbage as may be collected by the Mayor and City Council of Baltimore, or its duly constituted employees and agents and delivered to said United Railways and Electric Company of Baltimore for final transportation at such places as may be agreed upon, on such terms and conditions as may be agreed upon between the Mayor and City Council of Baltimore, and the United Railways and Electric Company of Baltimore or any person, company or corporation; and should the Mayor and City Council of Baltimore by ordinance provide for the collection of street dirt, sweepings, garbage and ashes by other persons than the duly constituted officers or employees of said City of Baltimore, then said other person or persons shall have the same right to enter into an agreement for the final transportation of said street sweepings, dirt, garbage and ashes as mentioned aforesaid; provided, however, that nothing in <cite data-path="21|§21-32">this section</cite> shall be construed to confer any right upon the Mayor and City Council of Baltimore to contract with said United Railways and Electric Company of Baltimore, or any person, company or corporation, for the collection of street sweepings, ashes and garbage from the streets, lanes, alleys and other ways of the said City of Baltimore, but shall simply apply to the final transportation and disposal of the said street sweepings, dirt, garbage and ashes from certain specified places to the final disposition as heretofore mentioned; provided, further, that the cars, boxes, bins, houses or receptacles in which said street sweepings, dirt, garbage and ashes are deposited and retained awaiting final disposition, and the cars, boxes, bins, or other receptacles in which said street sweepings, dirt, garbage and ashes may, should or are to be transported from said place of deposit to the place of final disposition shall be closed and covered in such manner as may be provided for by the Mayor and City Council of Baltimore, and shall only be transported, conveyed and carried from said places of deposit to the final disposition through the streets of said City only between the hours of one and five o’clock a.m. P.L.L., 1915, §841EE 1927, §841EE 1930, §841EE 1938, §1108 1949, §712 1902, ch. 327

An Administrative Office of the Circuit Court for Baltimore City is created, with an Administrator as its head. P.L.L., 1969, §22-1 1966, ch. 244, §303A 1986, ch. 345

The Administrator shall be appointed by the Circuit Court for Baltimore City to serve during its pleasure. The Administrator shall devote full time to official duties and shall not at any time engage in the practice of law. The Administrator shall receive such compensation as is provided from time to time in the Ordinance of Estimates. P.L.L., 1969, §22-2 1966, ch. 224, §303B 1986, ch. 345

The Administrator, with the approval of the Circuit Court for Baltimore City, shall appoint such assistants and other employees as are necessary to enable the Administrator to perform his duties, including the discharge of the duties of Clerk of the Circuit Court for Baltimore City, under <cite data-doc="Md. Const." data-path="IV|§25">Article IV, Section 25 of the Constitution of Maryland</cite>, the administrative duties of the Court, and the persons appointed shall receive such compensation as is provided from time to time in the Ordinance of Estimates. P.L.L., 1969, §22-3 1966, ch. 224. §303C 1986, ch. 345

The Administrator, under the supervision and direction of the Circuit Court for Baltimore City, shall: Exercise general administrative supervision of the Circuit Court. Serve as personnel officer of the Circuit Court, and in such capacity recommend to the Court:job descriptions and classifications for all employees of the Circuit Court; appropriate salary scales and standard procedures for the procurement and promotion of personnel of the Circuit Court; andregulations governing hours of work, leaves of absence, and other conditions of employment of the Circuit Court. Formulate and submit to the Circuit Court recommendations for the improvement of its judicial system. Examine the administrative and business methods and systems employed in the offices related to and serving the Circuit Court for possible improvement. In cooperation with the Administrative Office of the Courts of the State of Maryland, collect and compile statistical data and other information on the work of other offices related to and serving the Circuit Court, and transmit this material to the Circuit Court. Examine the condition of the dockets and the practices and procedures of the Circuit Court and make recommendations for expediting litigation. Prepare and submit budget estimates of appropriations necessary for the maintenance and operation of the Circuit Court and of the offices related to and serving the Court. File requests for permission to spend funds appropriated for the Circuit Court and for offices related to and serving the Court and approve all proper vouchers for the expenditure of such funds. Secure and maintain space for courtrooms and office facilities and purchase, exchange, and distribute equipment and supplies for the judges and the offices, officers, and employees of the Circuit Court, as supported by appropriations in the Ordinance of Estimates.Collect and compile statistical data and other information on the expenditures and receipts of the Court, and related offices and make periodic reports thereof to the judges of the Circuit Court. Consult with and assist the officers and employees of the Circuit Court.Investigate complaints with respect to the operation of the Circuit Court and make such recommendations to the judges of the Circuit Court as may be appropriate. Perform such additional duties as may be assigned by the Circuit Court.Prepare and publish an annual report on the activities of the Administrative Office of the Circuit Court for Baltimore City. P.L.L., 1969, §22-4 1966, ch. 224, §303D 1986, ch. 345

The authority of the judges of the Circuit Court for Baltimore City to appoint other administrative or clerical personnel is not limited by any provision of <cite data-path="22">this subtitle</cite>. P.L.L., 1969, §22-5 1966, ch. 224, §303E 1986, ch. 345

A division of Court House Security is created within the Sheriff’s Office of Baltimore City. The Sheriff of Baltimore City is the Chief of Court House Security. P.L.L., 1969, §22-6 1968. ch. 347, §303F 1976, ch. 864

The Sheriff of Baltimore City shall appoint other court security officers and other employees as are necessary, who shall serve at his pleasure. The Mayor and City Council have the same power with respect to the salaries of court security officers and other employees of the Division of Court House Security as they have under the Charter with respect to all municipal departments. P.L.L., 1969, §22-7 1968, ch. 347, §303G 1976, ch. 864

The Chief of the Court House Security Division shall: establish qualifications for Court Security Officers, procedures for their recruitment, and suitable examinations to determine their experience, skill, and ability; develop a plan for maintaining all necessary security measures within the courtrooms, corridors, and other public facilities within the Baltimore City Court House and any building utilized as an annex thereto; recommend the specific duties of the Court Security Officers, including their assignments and work schedules; maintain supervision over all Court Security Officers and other employees of the Division of Court House Security, and be responsible for its efficient operation. P.L.L., 1969, §22-8 1968, ch. 347, §303H 1976, ch. 864

Court Security Officers as provided in <cite data-path="22">this subtitle</cite> are hereby vested with the powers of police officers within any building used in whole or in part by the Circuit Court for Baltimore City; and with powers to preserve security and protect from damage; and with powers to maintain order and the free and unimpeded passage therein and therefrom; and in furtherance thereof, to arrest any person who defaces or damages said buildings, and any person who by any act or conduct disturbs or interferes with the decorum and tranquility of any courtroom, or any other part of said buildings, as to disrupt and endanger the administration of justice, the integrity and dignity of the judicial processes, the orderly progress of a court proceeding, or the rights of litigants. Such powers shall extend outside the Court House and any annex whenever such Court House Security Officer may be in pursuit of any person who has committed any offense or breach of peace within such buildings or has escaped from the lawful custody of any sheriff, jail guard, prison guard, or police officer, and whenever a Court House Security Officer accompanies any judge of the Circuit Court for Baltimore City while the judge is performing any official duty or is proceeding from the Court House to, or returning to the Court House from, any place within the City of Baltimore that a judicial duty is performed. Under no circumstances may a Court Security Officer act as a chauffeur or driver for a judge or perform any other duty not directly related to the functions of the Court and of the judge. P.L.L., 1969, §22-9 1968. ch. 347, <cite data-path="303|§303-1">§303-1</cite> 1969, ch. 751 1971, ch. 413 1985, ch. 464 1986, ch. 345

The Chief of the Court House Security Division and all Court House Security Officers are authorized to carry appropriate weapons when so directed by the Sheriff of Baltimore City, and they shall, when on duty, wear uniforms approved and provided by the Sheriff of Baltimore City. P.L.L., 1969, §22-10 1968, ch. 347, §303J 1976, ch. 864

The salaries of personnel of the Court House Security Division together with funds necessary to provide uniforms, equipment, supplies, and general expenses shall be included in the annual operating budget requests of the Sheriff of Baltimore City as provided in the Annual Ordinance of Estimates of the Mayor and City Council of Baltimore City. P.L.L., 1969, §22-11 1968. ch. 347, §303K 1976, ch. 864

The Circuit Court for Baltimore City is authorized and empowered to enter into a contract or contracts with the Division of Parole and Probation, the State Social Services Administration or with any other agency or instrumentality of the State of Maryland to employ personnel and render services to fulfill the terms of a grant or appropriation from the federal government or another third party with respect to functions related to the suspension of sentences in criminal cases and the placing of persons on probation or parole or related to the collection of civil and criminal orders of support. P.L.L., 1969, §22-12 1969, ch. 467 1971, ch. 451 1986, ch. 345

The Clerk of the Circuit Court for Baltimore City shall have the power at any time to take bail when authorized by the Court, whether the Court is in session or not, and although the defendant is not present or does not join in the recognizance, but in all cases, before bail is taken by the Clerk, the Court shall fix the amount thereof. P.L.L., 1915, §278A 1927, §278A 1930, §278A 1938, §358 1949, §185 1969, §22-13 1898, ch. 138, §207A 1986, ch. 345

Whenever any person charged with a criminal offense desires to be admitted to bail, his recognizor, except as provided for in <cite data-path="22|§22-13">Section 22-13</cite>, shall sign and make oath to an application in which shall be stated the location of his property, his interest therein, its value, ground rent, mortgages, and other recognizances and incumbrances, if any, to which it may be subject, and such other matters as may be inquired of, and required to be inserted in the application by the Clerk to whom such application is made, to enable such Clerk to determine the value of the security offered. P.L.L., 1915, §278B 1927, §278B 1930, §278B 1938, §359 1949, §186 1969, §22-14 1898, ch. 138, §207B

The Clerk of the Circuit Court for Baltimore City may, when ordered by the Court, admit any person to bail on that person’s own recognizance, or may accept a recognizor without stated property qualifications. P.L.L., 1915, §278C 1927, §278C 1930, §278C 1939, §360 1949, §187 1969, §22-15 1898, ch. 138, §207C 1986, ch. 345

It shall be sufficient for recognizances taken in the Circuit Court for Baltimore City, when signed by the judge or the clerk thereof, to conform to the following formula: “You and each of you acknowledge yourselves to owe and stand indebted to the State of Maryland in the sum of ____________ dollars for the appearance of __________________ at this Court on the ____ day of ________ 19___ to answer the charge alleged against that person, and to attend this Court thereafter from day to day until discharged therefrom in due course of law.” P.L.L., 1915, §278D 1927, §278D 1930, §278D 1938, §361 1949, §188 1969, §22-16 1898, ch. 138, §207D 1986, ch. 345

Every recognizance taken in any criminal proceeding in Baltimore City shall be a lien upon the property of the recognizor mentioned in the recognizor’s application from the date of the acknowledgment of such recognizance, unless such recognizance shall have been acknowledged before a District Court Commissioner or before a court upon writ of habeas corpus, in which it shall be a lien from the time it is filed with the Clerk of the Circuit Court for Baltimore City. When any recognizance is forfeited it shall become a judgment, and shall have all the effects of judgments rendered in civil causes, and may be enforced by execution by order of the State’s Attorney at any time within six years from the date of the forfeiture, and not afterwards. P.L.L., 1915, §278E 1927, §278E 1930, §278E 1938, §362 1949, §189 1969, §22-17 1898, ch. 138, §207E 1986, ch. 345

It shall be the duty of the Clerk of the Circuit Court for Baltimore City immediately to record, in a properly indexed book to be provided for that purpose, the names of the persons who have entered into recognizances, the date of the filing of the recognizances with the Clerk of the Court, if such recognizance has been acknowledged before a District Court Commissioner or before some other court upon writ of habeas corpus, the amount thereof, and the date of the acknowledgment of the same; the location of the property mentioned in the application, and when any recognizance shall be forfeited; and when any forfeiture shall be striken out or discharged, it shall be the duty of the Circuit Court clerk to make an appropriate entry in the recognizance book, showing such disposition of the recognizance or the forfeiture, together with the date thereof. P.L.L., 1915, §278F 1927, §278F 1930, §278F 1936, §363 1949, §190 1969, §22-18 1898, ch. 138, §207F 1986, ch. 345

Any officer having power to admit to bail may accept as recognizor any bonding, guarantee or trust company incorporated under the laws of the State of Maryland, or under the laws of any State in the United States, and doing business in the City of Baltimore, which is authorized by its charter to become surety on official bonds. P.L.L., 1915, §278G 1927, §278G 1930, §278G 1938, §364 1949, §191 1969, §22-19 1898, ch. 138, §207G

Any person having power to admit to bail under the provisions of <cite data-path="22">this subtitle</cite> may accept the accused as his own recognizor, upon cash or other property owned by him, and upon his conforming otherwise to the provisions of <cite data-path="22">this subtitle</cite>. P.L.L., 1949, §192 1969, §22-20 1949, ch. 140

The District Court of Maryland shall not accept bail for persons charged with manslaughter, other than charge for manslaughter arising out of a motor vehicle accident, murder or any offense the punishment for which may be death; such court may, in its discretion, accept the bail for any person charged with the commission of any felony other than those mentioned above; and any misdemeanor the punishment for which may be confinement in the penitentiary; and whenever bail is offered for any person charged with the commission of any misdemeanor other than those already set forth, such Court shall accept the same; provided it is satisfied with the security offered. P.L.L., 1915, §278H 1927, §278H 1930, §278H 1938, §365 1949, §193 1969, §22-21 1898, ch. 138, §207H 1941, ch. 462 1961, ch. 616 1986, ch. 345

Whenever a person charged with a bailable, criminal offense before the District Court of Maryland desires to be admitted to bail, his recognizor shall sign and make oath to an application in which shall be stated such matters as may be required of and required to be inserted in such application by the Court to enable it to determine the value of the security offered. Any recognizance acknowledged before such Court shall be good, although the defendant does not join in the same. P.L.L., 1915, §278-I 1927, §278-I 1930, §278-I 1938, §366 1949, §194 1969, §22-22 1898, ch. 138, §207-I 1961, ch. 616 1986, ch. 345

Whenever any person charged with the commission of a criminal offense is admitted to bail by the District Court of Maryland for appearance in the Circuit Court for Baltimore City, the Clerk of the District Court of Maryland shall forthwith deliver the recognizance to the Clerk of the Circuit Court. Such recognizance shall then become a record of the Circuit Court, and may be forfeited, and the forfeiture may be enforced in the same manner as if recognizance has been taken by the Circuit Court. P.L.L., 1915, §278J 1927, §278J 1930, §278J 1938, §367 1949, §195, 1969, §22-23 1898, ch. 138, §207J 1961, ch. 616 1986, ch. 345

Whenever any person charged with a criminal offense before the District Court of Maryland is admitted to bail for further hearing, if such person does not appear at such hearing according to the tenor of his recognizance, it may be forfeited. If forfeited, the District Court Clerk shall note the forfeiture on the recognizance, and deliver it to the Clerk of the Circuit Court for Baltimore City. The said forfeited recognizance shall then become a record of the Circuit Court, and shall have the same effect and may be enforced in the same manner as if it had been taken and forfeited by the Circuit Court for Baltimore City. P.L.L., 1915, §278K 1927, §278K 1930, §278K 1938, §368 1949, §196 1969, §22-24 1898, ch. 138, §207K 1961, ch. 616 1986, ch. 345

The Circuit Court for Baltimore City is authorized to appoint Law Clerk-Bailiffs and secretaries as may be needed to assist the judges in the performance of their duties. All such employees appointed prior to July 1, 1968, or who may be appointed thereafter shall hold office at the pleasure of the Circuit Court and be paid such salaries as shall be provided in the annual Ordinance of Estimates of Baltimore City and approved by the Circuit Court under the provisions of <cite data-path="22|§22-4">Section 22-4</cite> of Article IV of the Code of Public Local Laws of Maryland. P.L.L., 1969, §22-26 1968, ch. 334, §294 1986, ch. 345

Any bailiffs who, on July 1, 1968, are designated as Jury Commissioner and as Assistant Jury Commissioner, shall after having served twenty preceding consecutive years as a bailiff and/or Jury Commissioner or Assistant Jury Commissioner, be entitled to retirement salaries in the amount of $7,500 per annum for the Jury Commissioner and $5,000 per annum for the Assistant Jury Commissioner. Retirement is mandatory upon attainment of age 70 years. The surviving spouse of any person eligible for the benefits for which provision is made by <cite data-path="22|§22-27">this section</cite> is entitled to one half of those benefits. All bailiffs who, on July 1, 1968, are receiving retirement pay by reason of having served twenty consecutive years, shall thereafter be entitled to retirement salaries of $3,000 per annum each. All bailiffs appointed prior to January 1, 1952, who, on July 1, 1968, or thereafter, shall have attained age seventy years or have completed the service of twenty preceding consecutive years, shall be entitled to a retirement salary of $4,000 per annum; provided, however, such retirement shall be mandatory at age seventy years. All bailiffs appointed prior to January 1, 1952, who on January 1, 1976, have completed the service of 30 preceding consecutive years, shall be entitled to a retirement salary of $4,000 per annum. However, the retirement shall be mandatory at age 70 years. All bailiffs appointed after January 1, 1952, but prior to January 1, 1960, shall be retired in accordance with the provisions of the Employees’s Retirement System, and shall receive no retirement salary under <cite data-path="22|§22-27">this section</cite> unless, at the time of any such retirement, a bailiff has completed twenty consecutive years of service and his annual benefits under the Retirement System are less than $3,000 per annum, in which event and notwithstanding the provisions of any ordinance to the contrary, such bailiff shall be paid a retirement salary under <cite data-path="22|§22-27">this section</cite> in such amount that his combined benefits under the Retirement System and <cite data-path="22|§22-27">this section</cite> will total $3,000 per annum. No bailiff appointed after January 1, 1960, shall be entitled to any retirement salary under <cite data-path="22|§22-27">this section</cite>. P.L.L., 1969, §22-27 1968, ch. 334, §295 1976, ch. 744 1979, ch. 375

Any bailiff appointed prior to January 1, 1960, who, being under seventy years of age and having served less than the twenty preceding consecutive years has, or may hereafter become physically or mentally incapable of performing his duties by reason of illness or accident not resulting from his own misconduct, including those bailiffs who, on July 1, 1968, are receiving retirement salary by reason of such incapacity, shall after the said date be entitled to the same retirement salary that such bailiff would have been entitled to receive under either <cite data-path="22|§22-28|(c)">Section 22-28(c)</cite> or <cite data-path="22|§22-28|(d)">Section 22-28(d)</cite> {<cite data-path="22|§22-27|(c)">§ 22-27(c)</cite> or (d)} had he completed the service of twenty consecutive years; provided, however, that after July 1, 1968, no bailiff shall be paid any retirement salary under <cite data-path="22|§22-28">this section</cite> except during the period of his continued incapacity to perform the duties of the position. Each bailiff retired by reason of incapacity and claiming continued incapacity to perform the duties of a bailiff shall submit to the Administrator of the Circuit Court for Baltimore City, on or before January 1st of each year, a medical statement certifying such incapacity which shall be satisfactory to the Medical Service Division of the Baltimore City Civil Service Commission. No bailiff appointed after January 1, 1960, shall be entitled to any retirement salary under <cite data-path="22|§22-28">this section</cite>. P.L.L., 1969, §22-28 1968, ch. 324, §296 1986, ch. 345

Any official court reporter of the Circuit Court for Baltimore City appointed prior to January 1, 1956, including any reporter assigned to the Grand Jury, who has served twenty-five preceding consecutive years or has attained the age of seventy years while so employed, shall be entitled to retirement with a salary of $8,000 per year. Retirement shall be mandatory at age seventy years. Every court reporter receiving a retirement salary on July 1, 1969, who was retired upon attainment of sixty or more years of age, and the completion of twenty-five consecutive years of service, shall be entitled to a retirement salary of $8,000 per year. Retirement salaries paid under subsections (a) and (b) of <cite data-path="22|§22-30">this section</cite> shall not be diminished by reason of the retired reporter’s having any earned income. No reporter appointed after January 1, 1956, shall be entitled to any retirement salary under <cite data-path="22|§22-30">this section</cite>. P.L.L., 1969, §22-30 1968, ch. 334, §298 1969, ch. 545, §298 1978, ch. 741 1982, ch. 444 1986, ch. 345

Every official court reporter who, on July 1, 1969, is receiving a retirement salary under the provisions of <cite data-path="22">this subtitle</cite> by reason of physical or mental incapacity to perform the duties of his or her position, shall thereafter be entitled to a retirement salary of $8,000 per year when eligible therefor under <cite data-path="22|§22-31|(c)">subsection (c) of this section</cite>. Any official court reporter appointed prior to January 1, 1956, who, having served less than twenty-five preceding consecutive years and being under seventy years of age, shall become physically or mentally incapable of performing the duties of that position by reason of ailments or accidents not resulting from the reporter’s own misconduct, shall be entitled during the period of such incapacity to a retirement salary of $8,000 per year. Every court reporter otherwise entitled to a retirement salary under subsections (a) or (b) above, shall receive such salary only when such retired reporter’s earned income is less than $4,000 per year; and the amount of such retirement salary shall be the difference between the retired reporter’s earned income and the $4,000 maximum provided herein. In order to claim a retirement salary under <cite data-path="22|§22-31">this section</cite>, each court reporter retired by reason of incapacity shall, on January 1 of each year, file with the Administrator of the Circuit Court for Baltimore City a statement showing (1) the reporter’s earned income for the previous year, and (2) the reporter’s anticipated earnings for the ensuing year, together with a medical statement satisfactory to the Medical Service Division of the Baltimore City Civil Service Commission that the reporter remains incapable of performing the duties of a court reporter. No reporter appointed after January 1, 1956, shall be entitled to any retirement salary under <cite data-path="22|§22-31">this section</cite>. P.L.L., 1969, §22-31 1968, ch. 334, §299 1969, ch. 545, §299 1975, ch. 856 1978, ch. 741 1982, ch. 444 1986, ch. 345

The eligibility of any bailiff or court reporter for a retirement salary under <cite data-path="22">this subtitle</cite> shall be evidenced by a certificate of the Administrator of the Circuit Court for Baltimore City directed to the Board of Estimates, and all retirement salaries shall be paid in the same manner as the salaries of active bailiffs and court reporters. P.L.L., 1969, §22-32 1968, ch. 334, §300 1986, ch. 345

The Clerk of the Circuit Court for Baltimore City is authorized and required to prepare an index of all judgments rendered in the court, and on each day after the adjournment of court, enter in a book to be provided for that purpose, an index of each judgment rendered in the court. P.L.L., 1888, §218 1915, §362 1927, §362 1930, §362 1938, §475 1949, §291 1969, §22-36 1864, ch. 74 1864, ch. 385 1898, ch. 123, §362 1945, ch. 447 1986, ch. 345

There shall be entered in writing by the Clerk of the Circuit Court for Baltimore City upon the face of all licenses obtained by individuals, firms or corporations to conduct business as trades {traders} in the City of Baltimore, the name of the street and number of the house or building, or if there be no number, a full designation of the location of said house or building for which a license is applied for; and each license shall only authorize the transaction of business in one house or building, unless the individual, firm or corporation shall occupy more than one adjoining houses or buildings, and said houses or buildings have open, direct, internal communication with each other; in that case one license will cover transactions in said adjoining houses or buildings so arranged and occupied; provided always, that any firm, individual or corporation may obtain any number of licenses to conduct business in any number of separate places of business in the City, upon paying for each license a sum graded according to the amount of stock or merchandise generally kept on hand or proposed to be kept on hand at the principal season of sale in their respective places of business, according to the Code of Public General Laws, 1957 Edition, Article 56, Sections 35 to 55 {<cite data-path="17|§17-1808">§ 17-1808</cite> of the State Business Regulations Article}, or such amendments as may hereafter be added thereto. P.L.L., 1888, §669A 1915, §702 1927, §702 1930, §702 1938, §822 1949, §507 1969, 22-38 1894 ch. 113 1898, 123, §702 1986, ch. 345

When the Grand Jury for any regular term of the Circuit Court for Baltimore City has begun an investigation or inquiry and, prior to the end of this term of court, the Judges of the Circuit Court for such term shall deem it necessary or desirable that the investigation or inquiry be continued by the Grand Jury into the next succeeding term of court, these Judges may pass an order directing the Grand Jury to be continued and shall specify the particular investigation or inquiry for which it was continued. Such Grand Jury shall possess all the powers it had when originally appointed, except that it shall be limited to the investigation or inquiry specified in the order of the Judges of the Circuit Court. Any such Grand Jury shall continue its investigation until the investigation has been completed or until it is discharged by an order of the Judges of the Circuit Court. Whenever the Judges order any Grand Jury to be continued, the Judges shall proceed to select the Grand Jury for the next succeeding regular term of court as otherwise provided for herein. Whenever the Judges of the Circuit Court for Baltimore City for any term of the court deem it necessary or desirable, they may adopt an order directing that an additional grand jury or juries be selected and sworn in to carry out the specific purpose or purposes stated in the order of these Judges. Such an additional grand jury or juries shall continue in existence, until it is dissolved by order of these Judges. During its existence, the additional grand jury or juries shall have all of the powers of a Grand Jury with respect to the purpose or purposes stated in the order of these Judges. Where an additional grand jury is ordered by the Judges, any case presented to and dismissed by one of the grand juries shall not be presented to the other grand jury. P.L.L., 1969, §22-41 1969, ch. 740 1986, ch. 345

It shall be the duty of the Sheriff to make return of each capias upon presentment or indictment from said court within five days after the same is delivered to him by the clerk; and if said capias is returned non est, the clerk shall, in the discretion of the State’s Attorney of Baltimore City, order said capias to be reissued, and the same capias shall again be delivered to the Sheriff; and the date of the first return thereof shall be endorsed thereon; and the second return shall be made within the time above specified; and in case the said capias is returned the second time non est, the same shall be again so endorsed and delivered to the Sheriff. P.L.L., 1860, §184 1888, §189 1915, §333 1927, §333 1930, §333 1938, §430 1949, §264 1969, §22-43 1898, ch 123, §333

The clerk of said court and the Sheriff of said City shall be allowed only the fees for the issue of one capias, or for the service of one capias in each term, however often the same may be issued or returned. P.L.L., 1860, §185 1888, §190 1915, §334 1927, §334 1930, §334 1938, §431 1949, §264 1969, §22- 44 1898, ch. 123, §334

All subpoenas for witnesses from said court shall be returned by the Sheriff within six days after the same are issued by the clerk, or within six days after the day of the renewal of such subpoenas, unless the same are ordered to be returned immediately, in which case they shall be so returned, if practicable. P.L.L., 1860, §186 1888, §191 1915, §335 1927, §335 1930, §335 1938, §433 1949, §266 1969, §22-45 1898, ch. 123, §335

The said Sheriff shall be allowed for the service of one subpoena only, against any witness that may be returned non est, and for whom the said subpoena may be renewed, whether once or oftener in one term. P.L.L., 1860, §187 1888, §192 1915, §336 1927, §336 1930, §336 1938, §434 1949, §267 1969, §22-46 1898, ch. 123, §336

The clerk of said court, if a subpoena is renewed by order of the State’s Attorney, or by the counsel of the prisoner or traverser, shall endorse the renewal, on the subpoena, and the same shall have the legal effect of a new subpoena issued in the term of said court during which said subpoena was first issued. P.L.L., 1860, §188 1888, §193 1915, §337 1927, §337 1930, §337 1938, §435 1949, §268 1969, §22-47 1898, ch. 123, §337

The Sheriff of said City shall be subject to a penalty of five dollars in each case in which returns are not made within the time prescribed in this subheading. P.L.L., 1860, §189 1888, §194 1915, §338 1927, §338 1930, §338 1938, §436 1949, §269 1969, §22-48 1898, ch. 123, §338

Witnesses appearing before the Grand Jury shall be sworn in the presence of the Grand Jury by the foreman or by some other member appointed by the foreman for that purpose. P.L.L., 1888, §194A 1915, §339 1927, §339 1930, §339 1938, §437 1949, §270 1969, §22-49 1890, ch. 250 1898, ch. 123, §339

The Mayor and City Council of Baltimore shall not be liable in any criminal case tried in the Circuit Court for Baltimore City for the appearance fees allowed by law to the attorney of a defendant who formally denies an allegation of fact in an indictment or criminal information. P.L.L., 1888, §198 1915, §342 1927, §342 1930, §342 1938, §440 1949, §271 1969, §22-50 1886, ch. 46 1898, ch. 123, §342 1986, ch. 345

If any security in any recognizance shall request to deliver up the principal, said court, or the judge thereof in the recess, may accept such surrender, and may require and take other recognizance, or commit the principal to jail until he gives such security as the law requires. P.L.L., 1888, §200 1915, §344 1927, §344 1930, §344 1938, §442 1949, §272 1969, §22-51 1898, ch. 123, §344

If any person who shall be summoned as a witness to said court shall fail to attend as required in said summons, he shall be fined by said court in its discretion, not exceeding one hundred and fifty dollars. P.L.L., 1888, §202 1915, §346 1927, §346 1930, §346 1938, §444 1949, §273 1969, §22-52 1898, ch. 123, §346

In all criminal cases in the said court in which bail shall be forfeited, the person who shall have entered into such recognizance for the appearance of any traverser or prisoner shall be liable forthwith to an attachment for contempt for the nonappearance of said party, which attachment shall be issued by the court in which an indictment against said traverser or prisoner is pending, at the instance of the attorney prosecuting therein. P.L.L., 1860, §132 1888, §203 1915, §347 1927, §347 1930, §347 1938, §445 1949, §274 1969, §22-53 1898, ch. 123, §347

In all cases in which bail as aforesaid is forfeited, the court may, on the return of said attachment, order the person attached to stand committed until the amount of said recognizance is fully paid and satisfied, or may order said person to be discharged upon the payment of such lesser sum as it shall, in its discretion, deem proper, provided, such sum be not less than the amount of the costs which may have accrued in the case up to the time of passing such order. P.L.L., 1860, §133 1888, §204 1915, §348 1927, §348 1930, §348 1938, §446 1949, §275 1969, §22-54 1898, ch. 123, §348

The courts aforesaid are hereby authorized and empowered to place any minor sixteen years of age or older, who may be on probation as herein provided for in the custody of such person or persons for such period of time as may be deemed for the best interest and welfare of said minor if it shall appear that the present custodian or parent is not a fit person to have the custody of such minor, or that it would be conducive to the best interests of such minor to have a change of custodian. Any person or persons who may in any manner whatsoever interfere with any probation officer for delinquent and dependent children in the proper discharge of his or her duties, or who may interfere with any person or persons in whose custody any such minor may be placed as aforesaid or who may interfere with or attempt in any manner to entice any such minor from such custody, shall be guilty of a misdemeanor and on conviction thereof shall be fined not less than five nor more than fifty dollars for each offense. P.L.L., 1915, §886C 1927, §886C 1930, §886C 1938, §1171 1949, §771 1969, §22-57 1912, ch. 618 1943, ch. 818, §1171

The probation officers herein provided for shall have the power to bring any minor or minors who may be on probation as aforesaid before the Court ordering such probation by a process of warrant duly sworn to charging him or them with violation of the terms or conditions of their probation, or by subpoena directed to them, for further proceedings and when such action is taken the Court may reopen or continue proceedings and finally dispose of the same as fully as could have been done had there been no suspension of sentence or proceedings in the first place; provided, however, that in any case where a full trial or hearing has not been had and the charge or crime has not been fully shown, sustained or determined before suspension of sentence or further proceedings, the Court shall hear the case de novo before sentence is passed or a final disposition of the case is made. P.L.L., 1915, §886D 1927, §886D 1930, §886D 1938, §1172 1949, §772 1969, §22-58 1912, ch. 618 1943, ch. 818, §1172

The Court shall have the authority to extend the term of probation at any time for such additional period as may be deemed proper and may attach thereto the same or additional terms and conditions as were originally attached or may at any time dismiss the probationer and the proceedings in which sentence or further proceedings were originally suspended. P.L.L., 1915, §886E 1927, §886E 1930, §886E 1938, §1173 1949, §773 1969, §22-59 1912, ch. 618 1943, ch. 818, §1173

The Circuit Court for Baltimore City is hereby authorized to appoint three persons as stenographers and typists to serve during its pleasure who shall receive from the Mayor and City Council of Baltimore such salaries as may be appropriated in the annual Ordinance of Estimates. Said persons shall be members of the staff of the judges assigned by the Court to exercise jurisdiction in juvenile causes and shall perform such duties as they may require. P.L.L., 1915, §886F 1927, §886F 1930, §886F 1938, §1174 1949, §774 1969, §22-60 1912, ch. 618 1918, ch. 208 1943, ch. 818, §1174 1986, ch. 345

In no case shall either the plaintiff or defendant be required to file a “paper book” of evidence or brief, in either of the courts of the City of Baltimore. P.L.L., 1888, §156 1915, §301 1927, §301 1930, §301 1938, §393 1949, §225 1969, §22-62 1870, ch. 177 1898, ch. 123, §301

On the return of an original writ, not executed in either of said courts, the same may be renewed, returnable to the next return day thereafter, and after two returns of any original writ not executed at the two succeeding return days after the writ is first issued, the same shall be permitted to lie dormant, renewable only on the written order of the plaintiff or his attorney of record to such future return day as the said plaintiff or his attorney may elect, and upon a further return if not executed, said writ shall be again permitted to lie, renewable only as aforesaid, the said plaintiff or his attorney having the right to renew said writ to as many subsequent return days, under the same mode of procedure as may be deemed proper, until the same is executed. P.L.L., 1888,, §160 1915, §305 1927, §305 1930, §305 1938, §397 1949, §227 1969, §22-64 1864, ch. 6 1886, ch. 184 1894, ch. 180 1898, ch. 123, §305

After the execution of any writ or other process made returnable to a return day in either of said courts, the same proceedings may be had thereupon as if the same had been made returnable, and had been returned to a term of said court under the practice heretofore existing, except as hereinafter otherwise provided. P.L.L., 1888, §161 1915, §306 1927, §306 1930, §306 1938, §398 1949, §228 1969, §22-65 1864, ch. 6 1898, ch. 123, §306

In all cases in which a party by law would be entitled to a continuance, the court may, instead of continuing the cause to the next term, postpone the same for thirty days, or such other period as will best subserve the interests of justice. P.L.L., 1888, §166 1915, §311 1927, §311 1930, §311 1938, §403 1949, §230 1969, §22-67 1886, ch. 184 1898, ch. 123, §311

In cases in which appeals are or may be allowed to be litigated in the Circuit Court for Baltimore City from the decisions of any commissioners, or other persons appointed in any manner to determine any benefits or damages in any form of condemnation proceedings, for the use of the Mayor and City Council of Baltimore, it shall be lawful for the City to enter appeals in the same manner and within the same time or times allowed for their entry by other persons; and all such appeals by whomsoever prayed within the time or times limited therefor, shall be heard and determined by the Circuit Court for Baltimore City as soon as possible, each person interested being secured in his, her or its rights to a jury trial; and in case there should be more than one appeal in reference to the same piece of property, they may all be consolidated and heard together, in the discretion of the court, before one jury; provided, a sufficient panel of jurors be furnished, so that the City and the owners or representatives of each separate interest or estate in such property may strike four names from such jury panel; the practice, including the right of appeal to the Court of Special Appeals in all such cases, shall conform as near as may be possible to the practice now prevailing in Circuit Court in the trial of appeals from the decisions of the Department of Public Works. P.L.L., 1888, §173A 1915, §320 1927, §320 1930, §320 1938, §415 1949, §233 1969, §22-77 1892, ch. 186 1898, ch. 123, §320 1986, ch. 345

Whenever the record of proceedings in any suit, action or issue pending in the Circuit Court for Baltimore City shall be directed to be transmitted for trial to some other court, in accordance with Article 4, Section 8, of <cite data-doc="Md. Const.">the Constitution of Maryland</cite>, it shall be the duty of the clerk of the court from which the record of the proceedings is directed to be removed, to immediately deliver to the clerk of the court to which the case is directed to be removed to, all the original papers in the case, together with a certified copy of all docket entries relating to the case which original papers and copy of docket entries shall constitute the record of the proceedings for the purposes of such trial; and it shall become the duty of the judge of the court to which the suit, action or issue shall be removed immediately by special order to assign the case for trial to such day, or in sequence to such other causes, as the judge shall consider just and proper. P.L.L., 1888, §173A 1915, §322 1927, §322 1930, §322 1938, §418 1949, §236 1969, §22-80 1894, ch. 392 1898, ch. 123, §322 1986, ch. 345

The powers named in this subheading are not to be construed in derogation of or in limitation of any power of the Circuit Court for Baltimore City or of any Judge thereof. P.L.L., 1938, §461 1949, §287 1969, §22-93 1931, ch. 132, §351L 1986, ch. 345

If any part of this subheading shall be declared to be illegal or inoperative, it shall not affect such portions as are found to be legal and operative. P.L.L., 1938, §462 1949, §288 1969, §22-94 1931, ch. 132, §351M

Whenever, from age or wear, any of the record books in the custody and control of the Clerk of the Circuit Court for Baltimore City shall be in danger of destruction or obliteration, it shall be the duty of the Clerk of the Circuit Court to have a photo copy or photostatic copy made of such record book. The copy shall have the same legal effect as the original record. After copying, the Clerk of Court shall offer the original record to the State Archivist and if it is refused by the Archivist, the Clerk may destroy the original record after making and sending a microfilm copy to the State Archivist. The Clerk may pay for the cost of such reproductions and microfilm copies out of the fees of the Clerk’s office, but if the fees are insufficient, the cost of this reproduction shall be paid by the Mayor and City Council of Baltimore. P.L.L., 1888, §772 1915, §804 1927, §804 1930, §804 1938, §998 1949, §619 1969, §22-96 1886, ch. 289 1898, ch. 123, §804 1951, ch. 37 1986, ch. 345

All taxes now levied, or which hereafter may be levied in the City of Baltimore, shall be collected within four years from the levying of the same; and the collection of taxes shall not be enforced by law after the lapse of said four years, and the party from whom said taxes may be demanded may plead <cite data-path="23|§23-1">this section</cite> in bar of any recovery of the same. P.L.L., 1888, §840 1915, §843 1927, §843 1930, §843 1938, §1124 1949, §727 1969, §23-1 1861, ch. 94 1898, ch. 123, §843 1933, ch. 498

Every person who shall demand or accept any remuneration or gratuity for forecasting or foretelling or for pretending to forecast or foretell the future of another by cards, palmreading or any other scheme, practice or device, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 or subject to imprisonment for not more than 1 year; and in any indictment for a violation of the above provisions, it shall be sufficient to allege that the defendant forecast and foretold or pretended to forecast or foretell the future by a certain scheme, practice or device without setting forth the particular scheme, practice or device employed. P.L.L., 1860, §907 1888, §878 1915, §865 1927, §865 1930, §865 1938, §1146 1949, §749 1969, §24-1 1898, ch. 123, §865 Ord. 94-314

The Mayor and City Council of Baltimore is hereby authorized and empowered to convert the entire valley or basin of the Gunpowder River, in Baltimore County, and its dependencies, or so much thereof as may be necessary for the purposes of this subheading, from the present dam, at the lower end of Loch Raven, in said county, to the upper end of the village of Phoenix, in said county, or to such point above said village as may be necessary or proper for the purposes of this subheading, into a reservoir or basin for augmenting and improving the municipal water supply of the City of Baltimore; to create, establish and maintain said reservoir or lake and its appurtenances, and to conduct the waters of said reservoir or lake, along such route, or routes, and in such manner, and by such instrumentalities and means, as may be necessary or proper for the purposes of this subheading, including such works, and their appurtenances at Lake Roland, and at or near Baltimore City, as may be necessary or proper for the purposes of this subheading, to the City of Baltimore and its environs for the use of said City, and of its inhabitants, and of such other persons as may now or hereafter be lawfully furnished with water by said City to utilize, appropriate, divert, deflect, straighten, riprap, or otherwise modify or control, for the purposes of this subheading, all springs, brooks, creeks, rivulets, rivers or other water courses, tributary (or capable of being rendered tributary) to, or obstructive of, the purposes of this subheading; to create, establish, set apart and maintain, regulate and protect, afforest or otherwise improve water sheds and reservations along, and to such full extent of adjacency as may be necessary for the purposes of this subheading, adjacent to the waters of said reservoir or lake, for securing a pure, copious and constant flow of water into said reservoir or lake to create, establish and maintain, construct, erect, lay, lay out and employ all such dams, walls, bulkheads, dykes, inlets, waste ways, water gates, bridges, tunnels, aqueducts, waterways, conduits, culverts, drains, mains, pipes, settling or other reservoirs, lakes, basins or ponds, power houses, pump houses or other buildings, structures or erections, roads, ways, approaches, appurtenances, agencies, instrumentalities or means, as may be necessary or proper, for the purposes of this subheading, including all instrumentalities or means for diverting, deflecting, disposing of, controlling, collecting, confining, impounding, storing, protecting, clarifying, purifying, transmitting or distributing, or otherwise handling, water that may be necessary or proper for the purpose of promoting or securing the full working efficiency and utility of said reservoir, or lake for the objects for which it is intended by this subheading; to incorporate with said reservoir or lake and its appurtenances, for the purposes of this subheading, all, or any part, or parts of Loch Raven and its appurtenances or environs, or all or any part, or parts, of Lake Roland and its appurtenances or environs to utilize, extend, enlarge, reinforce, adapt, reconstruct, alter, re-equip or repair, for the purposes of this subheading, or for other purposes affecting the municipal water supply of Baltimore City, all, or any part, or parts, of the present water system of Baltimore City and its appurtenances; to appoint or employ such professional or technical advisers and experts and such agents, assistants, clerks, employees, including all members of the police service hereinafter mentioned, and laborers, skilled or unskilled, of all kinds, as it may deem requisite for the due and proper execution of this subheading, and to fix their respective compensations, and to remove and discharge them at its pleasure (except such highly trained, experienced or skilled individuals as it may appoint or employ upon special terms for definite and fixed periods of time) and to exact from them such indemnity bonds for the proper performance of their respective duties as it may deem proper; to purchase, hire or otherwise lawfully obtain the use of all such machinery, apparatus, tools, implements, appliances, supplies, materials and working agencies as it may need for the purposes of this subheading; to make and enter into any and all contracts, agreements or stipulations germane to the scope of its powers under this subheading; to make all such preliminary surveys and investigations, and to do all such preliminary work under this subheading as it may be advised shall be necessary or proper for the purposes of this subheading; to acquire by gift, purchase, arbitration, exchange, lease, whatever the duration of the lease, or other like methods of acquisition, or by condemnation, any land or property, public, quasi-public, or private, situated wholly or partly in Baltimore County or in Baltimore City, or situated wholly or partly in Anne Arundel County or in any other county of this State, or any interest, franchise, easement, right of privilege therein, which may be required for any of the purposes of this subheading, including springs, brooks, creeks, rivulets, rivers or other water courses, mills, factories, and industrial plants of every description and their appurtenances, workshops, stores, farm buildings, structures, and erections, churches, graveyards, schoolhouses, or other school property, dwelling houses, outhouses, bridges, streets, alleys, roads and ways, and all other buildings, structures, erections, or improvements of every description, on, over, or under, land, or other property, or any interest, franchise, easement, right or privilege therein, and in like manner to acquire any corporate franchises or any other thing including earth, timber, stone, or other materials, or places of temporary or permanent deposit for excavated material or other like facilities for effectuating the objects of this subheading, of any sort that may be required for the purposes of this subheading; and generally to do and perform all and every such acts or things which, by anything short of a palpably forced construction, could be held to be auxiliary or conducive to the proper exercise of any, or all, of the powers by this subheading conferred upon the Mayor and City Council of Baltimore, or to the effective accomplishment of the leading purpose of this subheading, namely, the collection, accumulation and maintenance of an ample supply of water in said main reservoir or lake, and its transmission and distribution in as abundant, clear, pure, healthful, convenient and satisfactory a character as possible to the City of Baltimore, and its inhabitants, and such other persons as may now or hereafter be lawfully supplied with water by the City of Baltimore for its and their uses. The title acquired by condemnation, or otherwise, by the Mayor and City Council of Baltimore, under this subheading, for the purposes thereof, shall, as to land, or other property, or things required for said main reservoir or lake, or for subsidiary reservoirs, lakes, ponds or basins, or for said watersheds or reserves, or for surface buildings, erections, structures, works or things of a permanent character, involving the idea of exclusive use and occupation by the Mayor and City Council of Baltimore, be in fee simple but may, as to land, or other property, or things, required for other purposes under this subheading, be in fee simple, or limited to some lesser quantum of interest, in point of estate, or duration, accordingly as the Mayor and City Council of Baltimore may determine. P.L.L., 1915, §826Z 1927, §826B 1930, §826B 1938, §1038 1949, §642 1969, §25-1 1908, ch. 214

The County Commissioners of Baltimore County or of any other county, whose interests in any respect may become involved in the execution of this subheading, or any part or parts thereof, or any body politic, quasi-public corporation, turnpike company, or private corporation, whose interest in any respect may become involved in the execution of this subheading, or any part, or parts, thereof, shall be, and is, or are hereby authorized and empowered, anything in the terms of their or its chartered existence or powers, to the contrary notwithstanding, to enter into all such contracts, agreements, stipulations or arrangements, deeds, conveyances or transfers with the Mayor and City Council of Baltimore as may be necessary or proper for the purposes of this subheading, or any of them. P.L.L., 1915, §826AA 1927, §826C 1930, §826C 1938, §1039 1949, §643 1969, §25-2 1908, ch. 214

When resort shall be had to condemnation proceedings under this subheading, the procedure, so far as the acquisition by condemnation of any land or property or thing situated within the City of Baltimore, or any interest, franchise, easement, right or privilege therein is concerned, may, in any case, or cases, at the option of the Mayor and City Council of Baltimore, be such as may now, or at any time hereafter, be provided for by any lawful general ordinance, or ordinances of the Mayor and City Council of Baltimore, adopted pursuant to the powers conferred upon it by <cite data-doc="City of Baltimore, Md., Charter">the Charter of Baltimore City</cite>, 1964 Revision, Article 2 “General Powers” Section 2 “Condemnation” for the condemnation of land or property or interest therein for the municipal needs of the City of Baltimore, or such as may be provided for the very purpose by any lawful special ordinance or ordinances of the Mayor and City Council of Baltimore; which said lawful special ordinance or ordinances, the said Mayor and City Council of Baltimore is hereby duly authorized to adopt; provided, that, in every such special ordinance, provision is made for reasonable notice to the owner or owners, and for appeals to the Circuit Court for Baltimore City, including the right of appeal to the Court of Special Appeals by any person interested, including the Mayor and City Council of Baltimore, from the decision of the commissioners or other persons appointed to value any such land, property thing, or interest, franchise, easement, right or privilege therein; but so far as the acquisition by condemnation of any land, or property, or thing situated within Baltimore County, or within any other county of this State, or of any interest, franchise, easement, right, or privilege therein is concerned the procedure shall be that marked out by <cite data-doc="City of Baltimore, Md., Charter">the Charter of Baltimore City</cite>, 1964 Revision, Article 2 Section 45 “Water”. Nothing in this subheading is to be taken as depriving the Mayor and City Council of Baltimore, of any powers of condemnation now vested in it by law not inconsistent with the provisions of <cite data-path="25|§25-3">this section</cite>. P.L.L., 1915, §826BB: 1927, §826D 1930, §826D 1938, §1040 1949, §644 1969, §25-3 1908, ch. 214 1986, ch. 345

Except as hereinafter provided, all work done or supplies or materials purchased, in carrying out the purposes of this subheading, when involving an expenditure of five hundred dollars or more shall be contract, awarded to the lowest responsible bidder, in accordance with the provisions of Sections 14 and 15 of <cite>this article</cite> {cf. <cite data-doc="City of Baltimore, Md., Charter" data-path="VI|§11">Article VI, § 11 of the City Charter</cite> (1996 Edition)}, or any amendment or amendments, thereof, or supplement, or supplements, thereto. P.L.L., 1915. §826CC 1927, §826E 1930, §826E 1938, §1041 1949, §645 1969, §25-4 1908, ch. 214

The powers of this subheading conferred upon the Mayor and City Council of Baltimore. are intended to be in addition to, and not to be in substitution for, any power heretofore conferred by law upon it, in relation to the municipal water supply of Baltimore City, except where inconsistent therewith. P.L.L., 1915, §826DD: 1927, §826F 1930, §826F 1938, §1042 1949, §646 1969, §255 1908, ch. 214

The Mayor and City Council of Baltimore, shall at all times during the progress of work related to the municipal water supply, maintain an efficient police service at its own expense for the purpose of preserving the public peace, protecting property and preventing crime within the territory occupied or used by it or its employees in the performance of such work, or by the employees of contractors or subcontractors engaged in such work. The officers so employed by Baltimore City shall have the power to make arrests of persons who commit offenses within such territory anywhere in the State; such offenders shall be tried in Baltimore County, and in the event of conviction and imposition of a jail sentence, whether by the Circuit Court, or by the District Court having jurisdiction, shall be committed to the Baltimore City Jail instead of to the Baltimore County Jail; and, in all such cases, the Mayor and City Council of Baltimore shall reimburse Baltimore County for all costs and expenses actually incurred by it, including the sum of thirty cents per day for every person committed for trial to Baltimore County Jail, in proceedings against and the trial and commitment of, such offenders, court costs are to be prorated by the Clerk of the Circuit Court for Baltimore County, upon the basis of time actually spent in such trials or other proceedings; all such costs to be adjusted and paid semiannually. This police service shall be subject to the supervision and direction of the Chief of Police of Baltimore County. P.L.L., 1915, §826EE 1927, §826G 1930, §826G 1938, §1043 1949, §647 1969. §25-6 1908, ch. 214 1979, ch. 125 1986, ch. 345

Immediately upon the approval of the loan of $5,000,000, hereinafter mentioned, by the legal voters of Baltimore City, but not otherwise, the Mayor and City Council of Baltimore shall pay to the treasurer of Baltimore County, out of the proceeds of said loan, the sum of thirty-five thousand dollars, in lieu, and release of, and, as full compensation for, all county taxes due, or to become due, on any and all land, property, or things, acquired or held, or thereafter to be acquired or held, by said Mayor and City Council of Baltimore, under the loan hereinafter provided for and under the provisions of this subheading, or in connection with the work herein contemplated, and thereafter such land, property, or things, when so held or acquired by said City, shall be exempt from taxation for county purposes; all laws, or parts of laws, inconsistent herewith being hereby repealed to the extent of such inconsistency. The object of <cite data-path="25|§25-7">this section</cite> is to indemnify Baltimore County against all loss in taxes, immediate or prospective, that may be entailed upon it by the appropriation for public use, by the Mayor and City Council of Baltimore, of any and all such land, property or things. P.L.L., 1915, §826FF 1927, §826H 1930, §826H 1938, §1044 1949, §648 1969, §25-7 1908, ch. 214

The Mayor and City Council of Baltimore, in building its proposed conduit from the storage lake herein contemplated to the City of Baltimore, or elsewhere, shall retain title to, and control of, all stone, suitable for said purposes, brought to the surface, from the line of such conduit, where the same is situate in Baltimore County, and shall give the proper authorities of Baltimore County having charge of the roads therein, the option of purchasing so much of said stone as they may require at any time during the progress of such work, and for a period of five years thereafter, at a price not exceeding two cents per cubic yard in the “dump”; such right being subject, however, to the City’s prior right to use all of said stone that it may need in the construction of roads, or other works, herein provided for, as contemplated. P.L.L., 1915, §826GG 1927, §826- I 1930, §826-1 1938, §1045 1949, §649 1969, §25-8 1908, ch. 214

Whenever any public road, or bridge, of Baltimore County shall be destroyed, or rendered impassable, in whole or in part, by the City of Baltimore, in connection with the work herein contemplated, it shall be the duty of said City to replace the same, at its own expense, as nearly as possible, with a suitable and convenient road or bridge in lieu thereof, and, if any such existing public road or bridge, or any bridge or road, so built in lieu of one so destroyed, be on, or through, property acquired by said City for the purposes contemplated by this subheading, it shall be the duty of said City thereafter, at all times to maintain the same in good order and repair for the free use of the public, so far as the same may be on or through such property, subject to such provisions and conditions, looking to maintain the purity of said City’s water supply, as the said Mayor and City Council of Baltimore may by ordinance impose; and provided further, that the said Mayor and City Council of Baltimore shall not have the power, anything in this subheading, or in any other act or law to the contrary notwithstanding, to condemn any such public road or bridge of Baltimore County, but shall have the right to divert, alter, close or destroy any public road or bridge of Baltimore County, when necessary in the course of such work, only by agreement with the Highways Commission of said county, or other proper authorities, having the charge and control thereof, on such terms as to replacing the same for the convenience of the public as may by said Highways Commission, or other proper authorities, be required; in the event that said City and county authorities may not be able to agree upon the terms under which said road or bridge is to be altered, diverted, closed, or destroyed, or upon the location or character of the highway, or bridge to replace the same, or upon any other terms as to the replacing of the same, the matter shall be referred to the Roads Engineer of Baltimore County, for the time being, and the City Engineer of Baltimore City, for the time being, who shall have plenary power to consider and decide all questions in connection with such diversions, alteration, closure, or destruction of such highway or bridge, and to determine where, how, and in what manner, and within what time, the same shall be replaced by the said City, including the right to require that said City shall build bridges over and across the lake contemplated to be formed under this subheading; it being in the contemplation of this subheading that, under <cite data-path="25|§25-9">§25-9</cite> and 25-11 at least two such bridges shall be built, at locations determined by such engineers to be the most feasible and convenient for the use of the public, injuriously affected by the destruction or alteration of existing bridges and roads. No road or bridge shall be closed or altered, in whole or in part, under the provisions of this subheading, until another shall have been constructed and opened to the public in lieu thereof as herein provided, said engineers shall have full power and authority to summon, and require the attendance of, all witnesses in connection with their inquiries under <cite data-path="25|§25-9">this section</cite>, and to require that their testimony shall be taken under the oath required by law; the same to be administered by the Clerk of the Circuit Court for Baltimore County, or by the District Court in and for Baltimore County. The said engineers and the third person hereinafter, if there be such, shall each receive a per diem of $10 while actually engaged in work imposed or authorized by <cite data-path="25|§25-9">this section</cite>, the same and all other reasonable expenses of said engineers, including compensation to witnesses, at the regular rates, and the employment of a secretary, if such employment be deemed necessary by said engineers, to be paid by the City of Baltimore. The decision of said engineers in all matters between the City and Baltimore County that may devolve upon them under <cite data-path="25|§25-9">this section</cite> shall be final and conclusive unless impeached for fraud in appropriate proceedings, instituted in the Circuit Court for Baltimore County in equity, to set aside their findings on such ground. Whenever said engineers may require and determine that the City of Baltimore shall construct a road to replace any road diverted, altered, closed or destroyed, or to be diverted, altered, closed or destroyed, in the course of the work contemplated by this subheading, said City shall have power to agree with the owners of land, property, or things, to be taken or injuriously affected in the construction thereof, and, in default of agreement, to condemn the right-of-way under the provisions of Sections <cite data-path="25|§25-1">25-1</cite> and <cite data-path="25|§25-3">25-3</cite>, authorizing the condemnation of property, land or things for the purposes of this subheading, or may, at its election, make application to the Highways Commission of Baltimore County, or other proper authorities for the opening or alteration of such road, in which latter event the proceedings upon application shall be those prescribed by law for the opening or alteration of roads in Baltimore County, except that no landowner shall be assessed for any part of the cost thereof, the whole of such cost to be borne by the City of Baltimore. In the event of disagreement between the said engineers, as to any matter devolved upon them by the terms of <cite data-path="25|§25-9">this section</cite>, they shall call in a third arbiter, a nonresident engineer, skilled in the construction, or maintenance of highways, and bridges, to be selected by the Governor of Maryland, on the application of either of said engineers, in the event of them being unable to agree on such third person, the decision of any two of the board thus selected to be binding on the parties, and to be final and conclusive, unless impeached for fraud as aforesaid. P.L.L., 1915, §826HH 1927, §826J 1930, §826J 1938, §1046 1949, §650 1969, §25-9 1908, ch. 214 1979, ch. 125

So soon as the Mayor and City Council of Baltimore shall be ready to begin work under this subheading, the Roads Engineer of Baltimore County, for the time being, and the City Engineer of Baltimore City, for the time being, shall, together, make a careful inspection of all public roads, and portions of public roads, and of all bridges, of Baltimore County, certain or likely, in the opinion of said Roads Engineer, to be used by the Mayor and City Council of Baltimore, or its agents, or contractors, for teaming, or hauling, in connection with said work, and shall thereupon draw up a memorandum, in writing, one duplicate whereof shall be filed and kept in the office of the County Commissioners of Baltimore County, and the other duplicate whereof shall be filed and kept in the office of the Comptroller of Baltimore City, certifying to the precise condition, at that time, in point of repair in their opinion, of all such roads, and portions of roads, and of all such bridges, and thereafter, at regular intervals of six months, there shall be a similar inspection by said officers of all such roads, and portions of roads, and of all such bridges, and immediately after such inspection, said engineers shall, in like manner, draw up a similar memorandum in writing, duplicates whereof shall be filed and kept in like manner as aforesaid, certifying in precise terms to the physical and pecuniary extent, to which, in their opinion, such roads and portions of roads, and such bridges shall have been injured by reason of the extra wear and tear imposed upon them since the next preceding inspection, by such teaming or hauling, and, in said memorandum, the pecuniary extent of said injury shall be computed and set forth in dollars and cents, and, so soon as said memorandum shall be signed by said engineers, and filed in duplicate as aforesaid, the amount of the pecuniary injury, so certified, shall at once become due and payable by the Mayor and City Council of Baltimore out of the proceeds of the loan hereinafter mentioned to the treasurer of Baltimore County, as a fund for the repair of such injury. In the event of disagreement between said engineers as to any matter devolved upon them by the terms of <cite data-path="25|§25-10">this section</cite> of this subheading, all the provisions of the next preceding section of this subheading, relative to disagreement between said officers as to the diversion, alteration, closure or destruction of highways or bridges of said county, shall likewise be applicable to said disagreement under <cite data-path="25|§25-10">this section</cite>. Said engineers shall have plenary power to consider and decide all questions arising in the discharge of their duties under <cite data-path="25|§25-10">this section</cite>, and shall have the same power to summon and require the attendance of the witnesses, in connection with their inquiries under <cite data-path="25|§25-10">this section</cite>, and to have them sworn, as is provided for in Section 25~9 of this subheading, and they shall be allowed the same per diem, and other reasonable expenses, including the same compensation to witnesses; all to be paid by the City of Baltimore. The powers and duties of the City Engineer under <cite data-path="25|§25-10">this section</cite> may, at any time, with the consent of the Mayor of Baltimore City, be delegated by him to one of his assistant engineers, or to some engineer, named by the persons hereinafter charged with the duty of carrying the work under this subheading into execution. P.L.L., 1915, §826-II 1927, §826K 1930, §826K 1938, §1047 1949, §1047 1969, §25-10 1908, ch. 214

All powers of acquiring land, property or things, for the purposes of this subheading, with or without the consent of the owner, or owners, hereinbefore conferred upon the Mayor and City Council of Baltimore, shall include the power to acquire land, property, or things, including corporate franchises of every sort, rights, privileges, or easements, of any turnpike company, or companies, proprietor or proprietors, but whenever any turnpike, or toll road or bridge, the use of which is now enjoyed by the people of Baltimore County, shall be destroyed, or rendered impassable in whole or in part, by the City of Baltimore, in connection with the work herein contemplated, it shall be the duty of said City to replace the same, at its own expense, as nearly as possible with a suitable and convenient public road or bridge, in lieu thereof, and if any such existing road, or part thereof, or bridge or any road, or part thereof, or bridge, so built in lieu of one so destroyed, be on, or through, property acquired by said City for purposes contemplated by this subheading, it shall be the duty of said City thereafter, at all times, to maintain the same in good order and repair for the free use of the public, so far as the same may be on, or through, said property, subject to such provisions and conditions looking to maintaining the purity of said City’s water supply as the said Mayor and City Council of Baltimore may by ordinance impose. Such replacement shall be effected for the convenience of the public upon such terms as may be agreed upon between the Highways Commission of Baltimore County or other proper authorities and the Mayor and City Council of Baltimore. In the event of a disagreement between them as to the location or character of the substituted road or bridge, or as to any other terms of the replacement, the matter shall be referred to the Roads Engineer of Baltimore County, for the time being, and the City Engineer of Baltimore City, for the time being, who shall have plenary power to consider and decide all questions in connection with such replacement, and to determine where, how, and in what manner and within what time, said replacement shall be effected by said City. No such road, or part thereof, or bridge of any such turnpike company or companies, proprietor or proprietors, shall be closed or altered, in whole or in part, under the provisions of this subheading, until another shall have been constructed and opened to the the public in lieu thereof as herein provided. Said engineers shall have full power and authority to summons, and require the attendance of all witnesses in connection with their inquiries under <cite data-path="25|§25-11">this section</cite>, and to require that their testimony shall be taken under the oath required by law, the same to be administered by the Clerk of the Circuit Court for Baltimore County, or by a Judge of the District Court in Baltimore County. The said engineers and the third person hereinafter mentioned if there be such, shall each receive a per diem of $10 while actually engaged in work imposed or authorized by <cite data-path="25|§25-11">this section</cite>, the same and all the other reasonable expenses of said engineers, including compensation to witnesses at the regular rates, and the employment of a secretary, if such employment be deemed necessary by said engineers, to be paid by the City of Baltimore. The decision of said engineers in all matters between the City and Baltimore County, that may devolve upon them under <cite data-path="25|§25-11">this section</cite>, shall be final and conclusive unless impeached for fraud in appropriate proceedings instituted in the Circuit Court for Baltimore County, in equity, to set aside their findings on such ground. Whenever said engineers may require and determine that the City of Baltimore shall construct a road by way of replacement as aforesaid said City shall have power to agree with the owners of land, property or things to be taken or injuriously affected in the construction thereof, and in default of agreement, to condemn the right of way under the provisions of Sections <cite data-path="25|§25-1">25-1</cite> and <cite data-path="25|§25-3">25-3</cite> authorizing the condemnation of property, land or things for the purposes of this subheading, or may at its election, make application to the Highways Commission of Baltimore County or other proper authorities for the opening or alteration of such road; in which latter event the proceedings under such application shall be those prescribed by law for the opening or alteration of roads in Baltimore County, except that no landowner shall be assessed for any part of the cost thereof, the whole of such cost to be borne by the City of Baltimore. In the event of disagreement between the said engineers as to any matter devolved upon them by the terms of <cite data-path="25|§25-11">this section</cite>, they shall call in as a third arbiter a nonresident engineer skilled in the construction or maintenance of highways and bridges, to be selected by the Governor of Maryland, on the application of either of said engineers, in the event of their being unable to agree on such third person, the decision of any two of the board thus selected to be binding on the parties, and to be final and conclusive, unless impeached for fraud as aforesaid. But nothing in this subheading shall be taken as obliging said City to replace any road or part of a road, or any bridge, or a turnpike company or turnpike companies, proprietor or proprietors, if in the opinion of said engineers, the purpose thereof will be reasonably answered, so far as the public convenience is concerned, by a road or bridge constructed, or required to be constructed by way of replacement by said City under the provisions of <cite data-path="25|§25-9">Section 25-9</cite> relating to the diversion, alteration, closure or destruction of public roads or bridges of Baltimore County, nor as obliging said City to replace any public road, or part of a road, or bridge of Baltimore County, under <cite data-path="25|§25-9">Section 25-9</cite>, if in the opinion of said engineers, the purpose thereof will be reasonably answered, so far as the public convenience is concerned by a road or bridge constructed, or required to be constructed by way of replacement by said City, under the provisions of <cite data-path="25|§25-11">this section</cite> of this subheading. P.L.L., 1915, §826JJ 1927, §826L 1930, §826L 1938, §1048 1949, §652 1969, §25-11 1908, ch. 214

Upon the completion of the storage lake herein contemplated, and foreverthereafter until such time as Baltimore City’s population and needs require the entire water supply, which said City is entitled to draw from the Gunpowder River, the inhabitants of Baltimore County shall be entitled to use of not more then ten millions of gallons of water per day from such lake, this allotment to include all water supplied directly by said City to consumers or users in Baltimore County, now or hereafter, through the water mains of said City or through any mains or conduits which may be or become a part of, or be or become connected with, the reservoirs, pumping stations, or water distribution system of said City. In case it shall be at any time conclusively demonstrated to the County Commissioners of Baltimore County that there is no other adequate and proper water supply for the residents of any portion of the county making application therefor, said commissioners shall have the right to adopt such measures as they may deem expedient to draw from said lake, and distribute any part or all, the remainder of said allotment of ten millions of gallons of water per day, the said County Commissioners to pay or cause to be paid to said Mayor and City Council of Baltimore such sums as may be agreed upon between them; the same not to exceed the rate of one-half cent per one thousand gallons actually withdrawn. Said County Commissioners shall further have the right and power to use in perpetuity sufficient land near such lake or reservoir upon which to locate a pumping station or stations, together with conduit connections from said lake or reservoir to a well or wells, or suction well or wells, or reservoirs, on said property and other facilities, including rights-of-way for all necessary purposes to the nearest public highway or highways, upon paying or causing to be paid, therefor to Baltimore City a clear annual rental of five per centum of the gross cost to the City of the land so utilized, said connections and pumping stations shall be located at the most convenient and feasible point or points for the withdrawal of such water at the minimum cost to the authorities withdrawing the same, all water so withdrawn is to be taken from said lake or reservoir and transported therefrom without cost or expense to the Mayor and City Council of Baltimore, the whole of such cost and expense to be borne by the authorities withdrawing the same. The work of making such connections with such lake or reservoir, and laying the pipes through said City’s property, contiguous thereto, including the location of said pumping station and other matters in connection therewith shall be done under the joint supervision and control of an official of such county authorities, and the Water Engineer of the City of Baltimore, and in the event of a disagreement between them, they shall call in, as a third arbiter, a nonresident engineer, skilled in the construction or maintenance of water works, to be selected by the Governor of Maryland, on the application of either party; in the event of their being unable to agree on such third person, the decision of any two of the board then selected to be binding on the parties. The cost of calling in such third party shall be borne equally by the parties, unless for special reasons said board shall otherwise apportion the same; provided, however, that in no event shall said County Commissioners of Baltimore County, or Baltimore County, acting through any agency whatever, farm out, assign, sublet or grant, in whole or in part, to any person, firm, joint stock company, corporation or association, except with the consent in writing of the Board of Estimates of Baltimore City, or its successors in function, the right to withdraw from said lake, use, sell, or in any way distribute or dispose of any of the water so allotted to the inhabitants of Baltimore County, it being the intent of this subheading that this right shall in the absence of said consent in writing, be exercisable solely and exclusively by Baltimore County and Baltimore City in the direct and immediate exercise of their respective municipal functions in the manner hereinbefore mentioned. P.L.L., 1915, §826LL 1927, §826N 1930, §826N 1938, §1050 1949, §654 1969, §25-12 1908, ch. 214

At least thirty days before proceeding under any other of the provisions of this subheading, after the popular approval of the loan hereinbefore mentioned, if so approved, said Mayor and City Council of Baltimore shall file in the office of the County Commissioners of Baltimore County, one or more maps showing the existing roads and highways, traversing the property to be acquired under this subheading, both public and private, which are to be closed, altered, divided or relocated, in whole or in part, or the grades thereof changed; and also to show all roads or parts of roads which the Mayor and City Council of Baltimore propose to construct in substitution for, or to take the place of any such roads so closed, obstructed, altered or changed. P.L.L., 1915, §826LL 1927, §826N 1930, §826N 1938, §1050 1949, §654 1969, §25-13 1908, ch. 214

The Mayor and City Council of Baltimore is hereby authorized and empowered to pass any and all ordinances not inconsistent with the terms of this subheading, that it may deem advisable for the purpose of fully effectuating the objects of this subheading. P.L.L., 1915, §826MM 1927, §826-0 1930, §826-0 1938, §1051 1949, §655 1969, §25-14 1908, ch. 214

All of the powers, including powers of condemnation, and duties hereinbefore conferred and imposed, and all the discretion hereinbefore lodged by this subheading upon and in the Mayor and City Council of Baltimore, other than the powers of passing ordinances hereinbefore expressly conferred upon it, shall in the name and on behalf of the Mayor and City Council of Baltimore without the necessity for any further legislative action by the Mayor and City Council of Baltimore be exercisable and exercised as one continuous, unbroken delegation of authority by the municipal officials or official who may for the time being have charge of the general municipal water supply of Baltimore City, except that in the event that the charge of said water supply shall at any time or times be confided by law to one municipal official, there shall be associated with him, until said main reservoir or lake and all of its working appurtenances and connections of every sort have been completed, in the exercise of all his powers and discretion, and in the discharge of all of his duties under this subheading by the appointment of the Mayor, subject to the provisions of Section 25 and other related sections of Article 4, of the Code of Public Local Laws of Maryland, and Baltimore City Charter, and any amendment or amendments thereof, two capable and upright citizens of the City of Baltimore, who shall serve without pay in the award of contracts for work under this subheading, the persons clothed with the power of doing the work contemplated by this subheading shall be authorized, if they see fit, to insert in the specifications for any such contract work reasonable and lawful conditions as to hours of labor, wages and the residence or character of workmen to be employed by the contractor, and especially so far as may be practicable in their judgment, such reasonable and lawful conditions as will tend to confine employment on such work, in whole or in part, to permanent and bona fide residents of the State of Maryland only, and said persons, clothed with the power to doing the work contemplated by this subheading may, with the consent of all of their number, themselves do any part or parts of any such work under such conditions, in every respect, as they may prescribe, by day labor, in which event, said persons, in addition to their other powers in the premises shall likewise be authorized to devise, and enforce such rules and regulations as will make merit and personal fitness, ascertained by some system of open competition or registration, or both the sole test of eligibility for all positions or employments under their control that they may see fit to embrace within the scope of said rules and regulations, which, however, may be limited to permanent and bona fide residents of this State in any particular; provided, however, that neither any contractor or contractors, nor the persons clothed with the power of doing the work contemplated by this subheading as aforesaid, shall at any time during the progress of said work employ thereon, or permit or allow to be employed thereon, any person who is at the time of such employment, or who shall at any time thereafter and during the progress of such work, be or become a registered voter of Baltimore County, unless such person shall have been a registered voter of said county at the time of the passage of this subheading, or shall be a lineal descendant of some person who was at any time theretofore a registered voter of the State of Maryland; any such contractor, subcontractor superintendent, foreman or the person or persons clothed with the power of doing the work contemplated by this subheading or any part thereof, who shall employ any person in violation of the provisions of <cite data-path="25|§25-15">this section</cite> shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not less than fifty dofiars, nor more than one hundred dollars, or by imprisonment in jail for a term not exceeding sixty days for each day that such person shall have been so employed in contravention of the provisions of <cite data-path="25|§25-15">this section</cite>. P.L.L., 1915, §826NN 1927, §826P 1930, §826P 1938, §1052 1949, §656 1969, §25-15 1908, ch. 214

In order to provide money to defray the cost of carrying all or any of the purposes of the provisions of this subheading into execution, the Mayor and City Council of Baltimore is hereby authorized to issue the stock of said corporation for a sum not exceeding Five Millions of Dollars; said stock to be issued from time to time as the Mayor and City Council of Baltimore shall by ordinance prescribe, and to be issued for such amounts, and to be payable at such time and to bear such rate of interest as the Mayor and City Council of Baltimore shall by ordinance provide; said stock shall be sold and issued by the Commissioners of Finance of the City of Baltimore at the best prices obtainable in their judgment therefor, and any premiums derived from the sale thereof shall remain in their hands as part of the sinking fund hereinafter mentioned for the redemption of said stock at maturity. The residue of the money received from the sale of said stock shall be turned over by them to the Comptroller to be by him deposited with the City Register, and to be placed to the credit of a fund to be known as the “Gunpowder Reservoir Fund,” which shall be exclusively applicable to the cost of carrying the purposes and provisions of this subheading into execution, and shall be chargeable with no other items of cost or expense whatsoever, and appropriation to defray said cost, based upon the estimate of the person charged with the duty of doing the work contemplated by this subheading shall be annually included by the Board of Estimates in the usual way in the Ordinance of Estimates, but said stock shall not be issued in whole or in part unless the ordinance of the Mayor and City Council of Baltimore providing for the issuance thereof, shall be submitted to the legal voters of the City of Baltimore at such time and place as may be fixed by said ordinance and approved by a majority of votes cast at such time and place as required by <cite data-doc="Md. Const." data-path="XI|§7">Section 7 of Article XI of the Constitution of Maryland</cite>; if issued pursuant to such approval, the Mayor and City Council of Baltimore shall levy in each and every year upon all property liable to taxation in the City of Baltimore, a sum sufficient to pay the interest accruing on said stock, and to create a sinking fund sufficient, with the aid of any premiums on the sale thereof to redeem said stock at its maturity. P.L.L., 1915, §826-00 1927, §826Q 1930, §826Q 1938, §1053 1949, §657 1969, §25-16 1908, ch. 214

If any person shall wilfully pollute or tend to pollute the water in any lake, dam or reservoir, line of conduit, waterpipe, gatehouse or other work constructed or used for supplying the City of Baltimore with water, by swimming, bathing or washing therein, or by washing or causing to be washed therein, or so near thereto as to tend to pollute the water therein, any clothes, the skin of any dead animal or any impure, fetid or noxious animal or vegetable matter, or shall throw or cause to be thrown therein, or so near thereto as to tend to pollute the water therein, any impure, fetid or noxious animal or vegetable matter, the person so offending shall forfeit and pay a sum not less than five nor more than fifty dollars for each offense. P.L.L., 1888, §931 1915, §902 1927, §902 1930, §902 1938, §1182 1949, §778 1969, §25-17 1870, ch. 25 1898, ch. 123, §902 1910, ch. 674

If any person shall erect or cause to be erected any privy, hogpen, bleaching or dyeing establishment, or other thing over any lake, dam, reservoir, line of conduit, waterpipe, gatehouse or other work constructed or used for supplying the City of Baltimore with water or so near thereto as to tend to pollute or discolor the water therein, the person so offending shall forfeit and pay a sum not exceeding fifty dollars, and the further sum of ten dollars for each and every day the same shall remain after notice to remove the same shall have been given. P.L.L., 1888, §932 1915, §903 1927, §903 1930, §903 1938, §1183 1949, §779 1969, §25-18 1870. ch 25 1898, ch. 123, §903 1910, ch. 674

If any person shall injure, or cause to be injured, defaced or destroyed, any dam, reservoir, line of conduit, waterpipe, gatehouse, stop-cock, or other thing used for supplying the City of Baltimore with water, the person so offending shall forfeit and pay a sum not less than five nor more than fifty dollars for each offense. P.L.L., 1888, §933 1915, §904 1927, §904 1930, §904 1938, §1184 1949, §780 1969, §25-19 1861, ch. 240 1898, ch. 123, §904

All fines and forfeitures imposed by <cite data-path="25|§25-19">Section 25-19</cite> shall be recoverable by the City of Baltimore before the District Court in and for the City of Baltimore, or in and for Baltimore County, according to the respective jurisdiction under which any of the offenses herein set forth may be committed. P.L.L., 1888, §934 1915, §905 1927, §905 1930, §905 1938, §1185 1949, §781 1969, §25-20 1861, ch. 240 1898, ch. 123, §905, 1979, ch. 125

Sections <cite data-path="25|§25-19">25-19</cite> and <cite data-path="25|§25-20">25-20</cite> shall not be construed to exempt any person who may have been fined for a violation thereof, or who may be charged with a violation thereof, from an action of damages for any injury or destruction of any part of the works used in supplying the City of Baltimore with water, in any suit for damages on account of said injury, brought by the Mayor and City Council of Baltimore. P.L.L., 1888, §935: 1915, §906 1927 §906 1930, §906 1938, §1186: 1949, §782 1969, §25-21 1861, ch. 240 1898, ch. 123, §906

The County Commissioners of Baltimore County, whenever they engage in the installation of a system of water mains for the use of said county and the inhabitants thereof, shall have the right to connect their said water mains with the water mains now or hereafter owned or controlled by the Mayor and City Council of Baltimore at the most convenient point or points and to draw off from the water mains now or hereafter owned or controlled by the Mayor and City Council of Baltimore a sufficient supply of water, equal in purity to the water served to the public in the City of Baltimore, for all public, private, domestic, manufacturing or other needs for which the system of water mains installed by said County Commissioners were designed or intended to supply. P.L.L., 1927, §907 1938, §1187 1949, §783 1969, §25-22 1922, ch. 289

Each and every connection of the water mains installed by said County Commissioners with said water mains of the Mayor and City Council of Baltimore shall be at the expense of said County Commissioners and under the supervision of the Water Engineer of Baltimore City or such other person or persons as the Water Engineer of Baltimore City, the Water Board of said City may appoint or such other body or officials as may for the time being have charge of the water system of said City, and said County Commissioners to bear the expense of said supervision. Every connection shall include a meter of a make and design approved by the Water Engineer of said City, to the end that all water flowing into each and every water system constructed by said County Commissioners may be measured, and said County Commissioners shall pay the said Mayor and City Council the actual cost of delivering said water at the points of connection and meter, with five per cent added, and the actual cost of purifying said water, with five per cent added, the cost of delivering and of purification to be determined by the Public Service Commission of Maryland and to be subject to review and revision by the said Public Service Commission once only in every five years on application of the County Commissioners of Baltimore County or the Mayor and City Council of Baltimore. In determining cost of delivering and of purification, the value or cost of impounding water at any source of supply and the value of cost of pipe lines and filtration plants shall be disregarded, it being the intention hereof that the sales price of water by the Mayor and City Council of Baltimore to the County Commissioners of Baltimore County through the connections and meters aforesaid shall be the cost of pumping the water to the points of connection and meter, and the cost of purifying such water, and in addition, a sum equal to five per centum of said cost of pumping and purification, without any allowance for interest on investment or for amortization. P.L.L., 1927, §908 1938, §1188 1949. §784 1969, §25-23 1922, ch. 289

Said County Commissioners shall not lay any main as part of any water system to be supplied with water under Sections <cite data-path="25|§25-22">25-22</cite> to <cite data-path="25|§25-30">25-30</cite>, unless said main be of a size sufficient in the opinion of the Roads and Sanitary Engineer of Baltimore County to supply for the following forty years the territory into which said main and extension thereof may be projected. P.L.L., 1927, §909 1938, §1189 1949, §785 1969, §25-24 1922, ch. 289

The Mayor and City Council of Baltimore and the County Commissioners of Baltimore County are hereby authorized to enter into an agreement containing such rules and regulations as they may think proper for the maintenance, repair and protection of said connections and meters and for the examination and inspection of said meters, but said agreement shall not relieve said County Commissioners of the obligation to pay for such connections and meters and for their repair or replacement. P.L.L., 1927, §910 1938, §1190 1949, §786 1969, §25-25 1922, ch. 289

The Mayor and City Council of Baltimore shall at all times keep the water systems installed by the said County Commissioners and connected with said water mains of said City supplied with an adequate flow of water fit for human consumption and none the less pure than the water furnished by said Mayor and City Council of Baltimore to the inhabitants of Baltimore City, and there shall be no discrimination by said Mayor and City Council of Baltimore in distribution of water in favor of the inhabitants of the City of Baltimore and against the inhabitants of Baltimore County. P.L.L., 1927, §911 1938, §1191 1949, §787 1969, §25-26 1922, ch. 289

The distribution to consumers of water obtained under Sections <cite data-path="25|§25-22">25-22</cite> to <cite data-path="25|§25-30">25-30</cite> shall be by meters, and the rates said County Commissioners shall charge for such water shall be determined by the Public Service Commission of Maryland and said Public Service Commission is hereby vested with as full and complete jurisdiction to determine such rates as if said County Commissioners of Baltimore County were a “water company” as defined in Chapter 180 of the Acts of 1910. P.L.L., 1927, §912 1938, §1192 1949, §788 1969, §25-27 1922, ch. 289

Sections <cite data-path="25|§25-22">25-22</cite> to <cite data-path="25|§25-30">25-30</cite> shall not be held or taken to repeal or modify Chapter 214 of the Acts of 1908 in any way; provided, however, that should the County Commissioners of Baltimore County avail themselves of the right to take ten million gallons of water from the Gunpowder River pursuant to the terms of said Chapter 214 of said Acts of 1908, then Sections <cite data-path="25|§25-22">25-22</cite> to <cite data-path="25|§25-30">25-30</cite> shall be void. P.L.L., 1927, §913 1938, §1193 1949, §789 1969, §25-28 1922, ch. 289

The term “water main” and the term “system of water mains,” as used herein in connection with the County Commissioners of Baltimore County, shall mean any pipe or pipes intended by said County Commissioners to supply any of the inhabitants of Baltimore County with water for domestic or manufacturing purposes or to afford any of said inhabitants with protection against fire. P.L.L., 1927, §914 1938, §1194 1949, §790 1969, §25-29 1922, ch. 289

Sections <cite data-path="25|§25-22">25-22</cite> to <cite data-path="25|§25-30">25-30</cite> and each and every section thereof shall be subject to repeal or amendment at any session of the General Assembly of Maryland. P.L.L., 1927, §915 1938, §1195 1949, §791 1969, §25-30 1922, ch. 289

The Mayor and City Council of Baltimore is hereby authorized and empowered to convert the entire valley or basin of the Patapsco River in Baltimore County, Carroll County and Howard County, and its dependencies, and/or the entire valley or basin of the Little Gunpowder River in Baltimore County and Howard County, and its dependencies, or so much of each and all of said valleys or basins as may be necessary and proper for the purposes of this subheading, into reservoirs or lakes for augmenting, enlarging and improving the municipal water supply of the City of Baltimore; to create, establish and maintain said reservoirs or lakes and their appurtenances, and to conduct the waters of said reservoirs or lakes along such route or routes and in such manner and by such instrumentalities and means as may be necessary or proper for the purposes of this subheading to the City of Baltimore and its environs, for the use of said City, and of its inhabitants, and of such other persons as may now or hereafter be lawfully furnished with water by said City; to utilize, appropriate, divert, deflect, straighten, riprap or otherwise modify or control, for the purposes of this subheading, all springs, brooks, creeks, rivulets, rivers or other water courses, tributary (or capable of being rendered tributary) to, or obstructive of, the purposes of this subheading to create, establish, set apart and maintain, regulate and protect, afforest or otherwise improve water sheds and reservations along, and to such full extent of adjacency as may be necessary for the purposes of this subheading, adjacent to the waters of said reservoirs or lakes, for securing a pure, copious and constant flow of water into said reservoirs or lakes; to create, establish and maintain, construct, erect, lay, lay out and employ all such dams, walls, bulkheads, dikes, inlets, waste ways, water gates, bridges, tunnels, aqueducts, waterways, conduits, culverts, drains, mains, pipes settling or other reservoirs, lakes, basins or ponds, power houses, pump houses or other buildings, structures or erections, roads, ways, approaches, appurtenances, agencies, instrumentalities or means as may be necessary or proper for the purposes of this subheading, including all instrumentalities or means for diverting, deflecting, disposing of, controlling, collecting, confining, impounding, storing, protecting, clarifying, purifying, transmitting or distributing, or otherwise handling water that may be necessary or proper for the purpose of promoting or securing the full working efficiency and utility of said reservoirs or lakes for the objects for which they are intended by this subheading; to utilize, extend, enlarge, reinforce, adapt, reconstruct, alter, re-equip or repair, for the purposes of this subheading, or for other purposes affecting the municipal water supply of Baltimore City, all or any part or parts of the present water system of Baltimore City and its appurtenances; to make and enter into any and all contracts, agreements or stipulations germane to the scope of its powers under this subheading; to make all such preliminary surveys and investigations, and to do all such preliminary work under this subheading as it may be advised shall be necessary or proper for the purposes of this subheading; to acquire by gift, purchase, arbitration, exchange, lease (whatever the duration of the lease), or by other similar methods of acquisition, or by condemnation, any land or property, public, quasi-public or private, situated wholly or partly in Baltimore City, Baltimore County, Howard County, Carroll County, Harford County, Anne Arundel County, and/or in any other county of this State, or any interest, franchise, easement, right or privilege therein, which may be required for any of the purposes of this subheading, including springs, brooks, creeks, rivulets, rivers or other water courses, mills, factories and industrial plants of every description and their appurtenances; workshops, stores, farm buildings, structures and erections, churches, graveyards, school houses or other school property, dwelling houses, outhouses, bridges, streets, alleys, roads and ways, and all other buildings, structures, erections or improvements of every description, on, over or under land or other property, or any interest, franchise, easement, right or privilege therein, and in like manner to acquire any corporate franchises or any other thing, including earth, timber, stone or other materials, or places of temporary or permanent deposit for excavated material or other like facilities for effectuating the objects of this subheading, of any sort that may be required for the purposes of this subheading; and generally to do and perform all and every such acts or things which, by anything short of a palpably forced construction, could be held to be auxiliary or conducive to the proper exercise of any or all of the powers by this subheading conferred upon the Mayor and City Council of Baltimore, or to the effective accomplishment of the leading purpose of this subheading namely, the collection, accumulation and maintenance of an ample supply of water in said reservoirs or lakes, and its transmission and distribution in as abundant, clear, pure, healthful, convenient and satisfactory a character as possible to the City of Baltimore, and its inhabitants, and such other persons as may now or hereafter be lawfully supplied with water by the City of Baltimore for its and their uses. The title acquired by condemnation, or otherwise, by the Mayor and City Council of Baltimore, under this subheading, for the purposes thereof, shall, as to land or other property or things required for said reservoirs or lakes, or for said water sheds or reservoirs, or for surface buildings, erections, structures, works or things of a permanent character, involving the idea of exclusive use and occupation by the Mayor and City Council of Baltimore, be in fee simple, but may, as to land or other property or things, required for other purposes under this subheading, be in fee simple or limited to some lesser quantum of interest, in point of estate or duration, accordingly as the Mayor and City Council of Baltimore may determine. P.L.L., 1949, §658 1969, §25-31 1931, ch. 521

The County Commissioners of any county, whose interests in any respect may become involved in the execution of this subheading, or any part or parts thereof, or any body politic, quasi-public corporation, turnpike company or private corporation, whose interest in any respect may become involved in the execution of this subheading, or any part or parts thereof, shall be, and is, or are hereby authorized and empowered, anything in the terms of their or its chartered existence or powers to the contrary notwithstanding, to enter into all such contracts, agreements, stipulations or arrangements, deeds, conveyances or transfers with the Mayor and City Council of Baltimore as may be necessary or proper for the purposes of this subheading or any of them. P.L.L., 1949, §659 1969, §25-32 1931, ch. 521

The powers by this subheading conferred upon the Mayor and City Council of Baltimore are intended to be in addition to, and not to be in substitution for, any power heretofore conferred by law upon it, in relation to the municipal water supply of Baltimore City, except where inconsistent therewith. P.L.L., 1949, §660 1969, §25-33 1931, ch. 521

The said Mayor and City Council of Baltimore is hereby empowered at any and all times during the progress of the work herein authorized and any and all parts thereof, at its own expense, to maintain an efficient police service for the purpose of preserving the public peace, protecting property and preventing crime within the territory occupied or used by it or its employees in the prosecution of said work, or by the employees of contractors or subcontractors engaged on such work; the officers so employed by said City to have the power to make arrests of persons offending within such territory, wherever found within the State; such offenders shall be tried in the county in which the offense may be committed, and in the event of conviction and imposition of a jail sentence, whether by the Circuit Court for such county, or by the District Court thereof, shall be committed to the Baltimore City Jail instead of to the county jail; and, in all such cases, the Mayor and City Council of Baltimore shall reimburse the county in which such offense is committed for all costs and expenses actually incurred by it, including the sum of eighty-five cents per day for every person committed for trial to the jail of such county, in proceedings against, and the trial and commitment of, such offenders, court costs to be prorated by the Clerk of the Circuit Court for such county upon the basis of time actually consumed in such trials or other proceedings; all such costs to be adjusted and paid semi-annually. Said police service as to any county affected by the provisions of this subheading shall be subject to the supervision and direction of the marshal or chief of the police force of such county. P.L.L., 1949, §661 1969, §25-34 1931, ch. 521 1979, ch. 125

Whenever any public road or bridge of any of the counties affected by the provisions of this subheading shall be destroyed or rendered impassable, in whole or in part, by the City of Baltimore, in connection with the work herein contemplated, it shall be the duty of said City to replace the same, at its own expense, as nearly as possible, with a suitable and convenient road or bridge in lieu thereof; and if any such existing public road or bridge, or any bridge or road so built in lieu of one so destroyed, be on or through property acquired by said City for the purposes contemplated by this subheading, it shall be the duty of said City thereafter at all times to maintain the same in good order and repair for the free use of the public, so far as the same may be on or through such property, subject to such provisions and conditions, looking to maintain the purity of the City’s water supply, as the said Mayor and City Council of Baltimore may by ordinance impose; and providing further, that the said Mayor and City Council of Baltimore shall not have the power, anything in this subheading or in any other Act to the contrary notwithstanding, to condemn any such public road or bridge of any of the counties affected by the provisions of this subheading, but shall have the right to divert, alter, close or destroy any public road or bridge of any of said counties, when necessary in the course of such work, only by agreement with the Highways Commission of the county affected or other proper authorities having charge and control thereof, on such terms as to replacing the same for the convenience of the public as may by said Highways Commission or other proper authorities be required. In the event that said City and the authorities of any county affected may not be able to agree upon the terms under which said road or bridge is to be altered, diverted, closed or destroyed, or upon the location or character of the road or bridge to replace the same, or upon any other terms as to the replacing of the same, the matter shall be referred to the Roads Engineer of the county affected, for the time being, and the Chief Engineer of Baltimore City, for the time being, who shall have plenary power to consider and decide all questions in connection with such diversion, alteration, closure or destruction of such road or bridge, and to determine where, how and in what manner, and within what time, the same shall be replaced by said City. No road or bridge shall be closed or altered in whole or in part under the provisions of this subheading until another shall have been constructed and opened to the public in lieu thereof as herein provided, and said Engineers shall have full power and authority to summon, and require the attendance of, all witnesses in connection with their inquiries under <cite data-path="25|§25-35">this section</cite>, and to require that their testimony shall be taken under oath, as required by law. The said Engineers and the third person hereinafter mentioned, if there be such, shall each receive a per diem of ten dollars while actually engaged in work imposed or authorized by <cite data-path="25|§25-35">this section</cite>, the same and all other reasonable expenses of said Engineers, including the employment of a secretary, if such employment be deemed necessary by said Engineers, to be paid by the City of Baltimore. The decision of said Engineers in all matters between the City and any county affected which may devolve upon them under <cite data-path="25|§25-35">this section</cite> shall be final and conclusive unless impeached for fraud in appropriate proceedings instituted in the Circuit Court for the county affected, to set aside their findings on such ground. Whenever said Engineers may require and determine that the City of Baltimore shall construct a road to replace any road diverted, altered, closed or destroyed, or to be diverted, altered, closed or destroyed in the course of the work contemplated by this subheading, said City shall have power to agree with the owners of land, property or things to be taken or injuriously affected in the construction thereof, and, in default of agreement, to condemn the right of way under the provisions of this subheading, authorizing the condemnation of property, land or things for the purposes of this subheading, or may, at its election, make application to the Highways Commission or other proper authorities of the county affected, for the opening or alteration of such road, in which later event the proceedings shall be those prescribed by law for the opening or alteration of roads in such county, except that no landowner shall be assessed for any part of the cost thereof, the whole of such cost to be borne by the City of Baltimore. In the event of disagreement between the said Engineers as to any matter devolved upon them by the terms of <cite data-path="25|§25-35">this section</cite>, they shall call in as a third arbiter, a nonresident Engineer, skilled in the construction or maintenance of highways and bridges, to be selected by the Governor of Maryland, on the application of either of said Engineers, in the event they are unable to agree on such third person, the decision of any two of the board thus selected to be binding on the parties, and to be final and conclusive, unless impeached for fraud as aforesaid. The powers and duties of the Chief Engineer of Baltimore City under <cite data-path="25|§25-35">this section</cite> may, at any time, with the consent of the Mayor of Baltimore, be delegated by him to one of his assistant engineers, or such powers may be exercised and duties performed by some third party to be named by the municipal agency hereinafter charged with the duty of carrying the work under this subheading into execution. The powers conferred and the duties imposed by <cite data-path="25|§25-35">this section</cite> upon the Roads Engineer of any county affected by the provisions of <cite data-path="25|§25-35">this section</cite> may at any time, with the consent of the County Commissioners, of such county, be delegated by him to one of his assistant engineers, or, if there be no Roads Engineer of said county, it shall be the duty of the County Commissioners to said county to appoint some person, preferably an engineer resident in said county, to exercise such powers and to perform such duties. P.L.L., 1949, §662 1969, §25-35 1931, ch. 521

Whenever any State road or bridge under the jurisdiction of the State Roads Commission shall be destroyed or rendered impassable, in whole or in part, by the City of Baltimore, in connection with the work herein contemplated, it shall be the duty of said City to replace the same, as nearly as possible, at its own expense, with a suitable and convenient road or bridge in lieu thereof; provided that the said Mayor and City Council of Baltimore shall not have the power, anything in <cite data-path="25|§25-36">this section</cite> or in any other Act to the contrary notwithstanding, to condemn any such State road or bridge under the jurisdiction of the State Roads Commission, but shall have the right to divert, alter, close or destroy any State road or bridge under the jurisdiction of the State Roads Commission, when necessary in the course of such work, only by agreement with the State Roads Commission, on such terms as to replacing the same for the convenience of the public as may by said State Roads Commission be required. In the event that said City and the State Roads Commission may not be able to agree upon the terms under which said State road or bridge is to be altered, diverted, closed or destroyed, or upon the location or character of the State road or bridge to replace the same, or upon any other terms as to the replacing of the same, the matter shall be referred to the Chief Engineer of the State Roads Commission, for the time being, and the Chief Engineer of Baltimore City, for the time being, who shall have plenary power to consider and decide all questions in connection with such diversion, alteration, closure or destruction of such State road or bridge, and to determine where, how and in what matter, and within what time, the same shall be replaced by said City. No State road or bridge shall be closed or altered in whole or in part under the provisions of <cite data-path="25|§25-36">this section</cite> until another shall have been constructed and opened to the public in lieu thereof as herein provided, and said Engineers shall have full power and authority to summon, and require the attendance of, all witnesses in connection with their inquiries under <cite data-path="25|§25-36">this section</cite>, and to require that their testimony shall be taken under oath, as required by law. The said Engineers and the third person hereinafter mentioned, if there be such, shall each receive a per diem of ten dollars while actually engaged in work imposed or authorized by <cite data-path="25|§25-36">this section</cite>, the same and all other reasonable expenses of said Engineers, including the employment of a secretary, if such employment be deemed necessary by said Engineers, to be paid by the City of Baltimore. The decision of said Engineers in all matters between the City and the State Roads Commission which may devolve upon them under <cite data-path="25|§25-36">this section</cite> shall be final and conclusive unless impeached for fraud in appropriate proceedings instituted in the Circuit Court for Baltimore City, to set aside their findings on such ground. Whenever said Engineers may require and determine that the City of Baltimore shall construct a road to replace any State road diverted, altered, closed or destroyed, or to be diverted, altered, closed or destroyed in the course of the work contemplated by <cite data-path="25|§25-36">this section</cite>, said City shall have power to agree with the owners of land, property or things to be taken or injuriously affected in the construction thereof, and, in default of agreement, to condemn the right of way under the provisions of <cite data-path="25|§25-36">this section</cite>, authorizing the condemnation of property, land or things for the purposes of <cite data-path="25|§25-36">this section</cite>, or may, at its election, make application to the State Roads Commission for the opening or alteration of such State road, in which latter event the proceedings shall be those prescribed by law for the opening or alteration of State roads, except that no landowner shall be assessed for any part of the cost thereof, the whole of such cost to be borne by the City of Baltimore. In the event of disagreement between the said Engineers as to any matter devolved upon them by the terms of <cite data-path="25|§25-36">this section</cite>, they shall call in as a third arbiter, an engineer skilled in the construction or maintenance of highways and bridges, to be selected by the Governor of Maryland, on the application of either of said Engineers, in the event they are unable to agree on such third person, the decision of any two of the board thus selected to be binding on the parties, and to be final and conclusive, unless impeached for fraud as aforesaid. The powers and duties of the Chief Engineer of Baltimore City under <cite data-path="25|§25-36">this section</cite> may, at any time, with the consent of the Mayor of Baltimore, be delegated by him to one of his assistant engineers, or such powers may be exercised and duties performed by some third party to be named by the municipal agency hereinafter charged with the duty of carrying the work under <cite data-path="25|§25-36">this section</cite> into execution. The powers conferred and the duties imposed by <cite data-path="25|§25-36">this section</cite> upon the Chief Engineer of the State Roads Commission may at any time, with the consent of the said State Roads Commission, be delegated by him to one of his assistant engineers. P.L.L., 1949, §663 1969, §25-36 1941, ch. 272

So soon as the Mayor and City Council of Baltimore shall be ready to begin work under this subheading, the Roads Engineer of any county affected, and the Chief Engineer of Baltimore City, shall together make a careful inspection of all public roads, and portions of public roads, and of all bridges of such county, certain or likely, in the opinion of said Roads Engineer, to be used by the Mayor and City Council of Baltimore, or its agents, or contractors, for teaming or hauling, in connection with said work, and shall thereupon draw up a memorandum, in writing, one duplicate whereof shall be filed and kept in the office of the County Commissioners of such county, and the other duplicate whereof shall be filed and kept in the office of the Comptroller of Baltimore City, certifying to the precise condition, at that time, in point of repair in their opinion, of all such roads, and portions of roads, and of all such bridges, and thereafter, at regular intervals of six months, there shall be a similar inspection by said officers of all such roads, and portions of roads, and of all such bridges, and immediately after such inspection, said engineers shall, in like manner, draw up a similar memorandum, in writing, duplicates whereof shall be filed and kept in like manner as aforesaid, certifying in precise terms to the physical and pecuniary extent, to which, in their opinion, such roads and portions of roads, and such bridges shall have been injured by reason of the extra wear and tear imposed upon them since the next preceding inspection, by such teaming or hauling, and, in said memorandum, the pecuniary extent of said injury shall be computed and set forth in dollars and cents, and, so soon as said memorandum shall be signed by said engineers, and filed in duplicate as aforesaid, the amount of the pecuniary injury, so certified, shall at once become due and payable by the Mayor and City Council of Baltimore out of the proceeds of the loan hereinafter mentioned to the treasurer of the county affected, as a fund for the repair of such injury. In the event of disagreement between said engineers as to any matter devolved upon them by the terms of <cite data-path="25|§25-37">this section</cite> of this subheading, all of the provisions of the next preceding section of this subheading relative to disagreement between said officers as to the diversion alteration, closure or destruction of highways or bridges, shall likewise be applicable to said disagreement under <cite data-path="25|§25-37">this section</cite>. Said engineers shall have plenary power to consider and decide all questions arising in the discharge of their duties under <cite data-path="25|§25-37">this section</cite>, and shall have the same power to summon and require the attendance of witnesses, in connection with their inquiries under <cite data-path="25|§25-37">this section</cite>, and to have them sworn, as is provided for in <cite data-path="25|§25-35">section 25-35</cite> of this subheading, and they shall be allowed the same per diem and other reasonable expenses, all to be paid by the City of Baltimore. The powers and duties of the Chief Engineer of Baltimore City under <cite data-path="25|§25-37">this section</cite> may, at any time, with the consent of the Mayor of Baltimore, be delegated by him to one of his assistant engineers, or such powers may be exercised and duties performed by some third party to be named by the municipal agency hereinafter charged with the duty of carrying the work under this subheading into execution. The powers conferred and the duties imposed by <cite data-path="25|§25-37">this section</cite> upon the Roads Engineer of any county affected by the provisions of <cite data-path="25|§25-37">this section</cite> may at any time, with the consent of the County Commissioners of such county, be delegated by him to one of his assistant engineers, or, if there be no Roads Engineer of said county, it shall be the duty of the County Commissioners of said county to appoint some person, preferably an engineer resident in said county, to exercise such powers and to perform such duties. P.L.L., 1949, §664 1969, §25-37 1931, ch. 521

At least thirty days prior to the beginning of construction work in any county affected by the provisions of this subheading, the Mayor and City Council of Baltimore shall file in the office of the County Commissioners of such county one or more maps showing the existing public roads and highways traversing the property acquired or to be acquired under this subheading, which are to be closed, altered, diverted or relocated, in whole or in part, or the grades thereof changed; and also to show all roads or parts of roads which the Mayor and City Council of Baltimore proposes to construct in substitution for, or to take the place of, any such roads so closed, obstructed, altered or changed. P.L.L., 1949, §665 1969, §25-38 1931, ch. 521

The Mayor and City Council of Baltimore is hereby authorized and empowered to pass any and all ordinances not inconsistent with the terms of this subheading, that it may deem advisable for the purpose of fully effectuating the objects of this subheading. The Mayor and City Council of Baltimore is hereby authorized to use any funds appropriated for extending, enlarging, developing and improving the municipal water system of Baltimore City to exercise the powers granted by this subheading. P.L.L., 1949, §666 1969, §25-39 1931, ch. 521

The Mayor and City Council of Baltimore be and it is hereby authorized and empowered to enter into, and take water from, the Susquehanna River at any point in the State of Maryland above the Conowingo Dam and its hydro-electric generating plant at a point which will not materially interfere with the operation of said dam and its hydro-electric generating plant, in order to add to, augment, enlarge and improve the municipal water supply of the City of Baltimore; to conduct the water taken from the Susquehanna River along such route or routes and in such manner and by such instrumentalities and means as may be necessary or proper for the purposes of this subheading to the City of Baltimore and its environs, for the use of said City and of its inhabitants, and of such other persons or other legal entities as may now or hereafter be lawfully furnished water by the Mayor and City Council of Baltimore; to utilize, appropriate, divert, deflect, straighten, riprap or otherwise modify or control, for the purposes of this subheading, all springs, brooks, creeks, rivulets, rivers or other water courses, tributary (or capable of being rendered tributary) to, or obstructive of, the purposes of this subheading; to create, establish, construct, erect, maintain, protect, lay, lay out, use or employ any and all such dams, walls, bulkheads, dikes, inlets, waste ways, water gates, bridges, tunnels, underground structures or facilities, aqueducts, waterways, conduits, culverts, drains, mains, pipes, settling or other reservoirs, lakes, basins or ponds, power houses, pump houses or other buildings, structures or erections, roads, ways, approaches, appurtenances, agencies, instrumentalities or means as may be necessary or proper for the purposes of this subheading, including, but not limited to, all instrumentalities or means for diverting, deflecting, disposing of, controlling, collecting, confining, impounding, storing, protecting, clarifying, purifying, filtering, transmitting or distributing, or otherwise handling water that may be necessary or proper for the purpose of promoting or securing a pure, copious and constant flow of water from the Susquehanna River to the municipal water supply system of Baltimore City as contemplated by this subheading; to utilize, extend, enlarge, improve, reinforce, adopt, reconstruct, alter, re-equip or repair, for the purpose of this subheading, or for other purposes affecting the municipal water supply of Baltimore City, all or any part or parts of the present water system of Baltimore City and its appurtenances; to make and enter into any and all contracts, agreements or stipulations germane to the scope of its powers under this subheading; to make all such preliminary surveys and investigations, and to do all such preliminary work under this subheading as it may be advised shall be necessary or proper for the purposes of this subheading; to acquire by gift, purchase, arbitration, exchange, lease (whatever the duration of the lease), or by condemnation, or by any other legal means, any land or property of any kind regardless of whether it is public, quasi-public, or privately owned, situated wholly or partly in Baltimore City, Baltimore County, Harford County, or in any other county of this State, or any interest, franchise, easement, right or privilege therein, which may be required for any of the purposes of this subheading, including, but not limited to, springs, brooks, creeks, rivulets, rivers, or other water courses, mills, factories, public utilities, and industrial plants of every description and their appurtenances; workshops, stores, farm buildings, structures and erections, churches, graveyards, schoolhouses and other school property, dwelling houses, outhouses, bridges, streets, alleys, roads and ways of all kind, and all other buildings, structures, erections or improvements of every kind and description, on, in, over or under any land or water or other property, or any interest, franchise, easement, right or privilege therein, and in like manner to acquire any corporate franchises or any other thing, including, but not limited to, earth, timber, stone or other materials, or places of temporary or permanent deposit for excavated material or other like facilities for effectuating the objects of this subheading, of any sort that may be required for the purposes of this subheading; and generally to do and perform all and every such acts or things which, by anything short of a palpably forced construction, could be held to be auxiliary or conducive to the proper exercise of any or all of the powers by this subheading conferred upon the Mayor and City Council of Baltimore, or to the effective accomplishment of the leading purpose of this subheading, namely, the taking of water from the Susquehanna River in such amount as may be necessary and the transmission and distribution thereof in as abundant, clear, pure, healthful, convenient and satisfactory a character as possible to the City of Baltimore, and its inhabitants, and such other persons or other legal entities as may now or hereafter be lawfully supplied with water by the Mayor and City Council of Baltimore for its and their uses. The title acquired by condemnation, or otherwise, by the Mayor and City Council of Baltimore, under this subheading, for the purposes thereof, shall, as to any land or other property or things of a permanent nature or character needed or required in connection with the operations of the Mayor and City Council of Baltimore under this subheading, involving the idea of exclusive use and occupation by the Mayor and City Council of Baltimore, be in fee simple, but may, as to land or other property or things, required for other purposes under this subheading, be in fee simple or limited to some lesser quantum of interest, in point of estate or duration, accordingly as the Mayor and City Council of Baltimore may determine. To the end that the necessary water for the City of Baltimore and adjoining counties can be secured with a minimum loss or damage to the parties interested in the Conowingo hydro-electric project, and at the minimum cost to the City, the Mayor and City Council of Baltimore shall, so far as possible, use or divert water from the surplus only after providing for the maximum requirements of the operations of the said project. The right is hereby reserved, to all parties interested in said Conowingo hydro-electric project, to proper compensation for all loss or damage resulting to them or any of them by reason of any diversion of water from the pool which forms a part of the said project. P.L.L., 1949, §666 1969, §25-39 1931, ch. 521

The County Commissioners of any county, whose interests in any respect may become involved in the execution of this subheading, or any part or parts thereof, or any body politic, quasi-public corporation, turnpike company, private corporation, or other legal entity, whose interest in any respect may become involved in the execution of this subheading, or any part or parts thereof, shall be, and is, or are hereby authorized and empowered, anything in the terms of their or its chartered existence or powers to the contrary notwithstanding, to enter into all such contracts, agreements, stipulations or arrangements, deeds, conveyances or transfers with the Mayor and City Council of Baltimore as may be necessary or proper for the purposes of this subheading or any of them. P.L.L., 1969, §25-41 1955, ch. 203

The Mayor and City Council of Baltimore is hereby empowered at any and all times during the progress of the work herein authorized and any and all parts thereof, at its own expense, to maintain an efficient police service for the purpose of preserving the public peace, protecting property and preventing crime within the territory occupied or used by it or its employees in the prosecution of said work, or by the employees of contractors or subcontractors engaged on such work; the officers so employed by said City to have the power to make arrests of persons offending within such territory, wherever found within the State; such offenders shall be tried in the county in which the offense may be committed, and in the event of conviction and imposition of a jail sentence, whether by the Circuit Court for such county, or the District Court thereof, shall be committed to the Baltimore City Jail instead of to the county jail; and, in all such cases, the Mayor and City Council of Baltimore shall reimburse the county in which such offense is committed for all costs and expenses actually incurred by it, including the sum of eighty-five cents per day for every person committed for trial to the jail of such county, in proceedings against, and the trial and commitment of, such offenders, court costs to be prorated by the Clerk of the Circuit Court for such county upon the basis of time actually consumed in such trials or other proceedings; all such costs to be adjusted and paid semiannually. Said police service as to any county affected by the provisions of this subheading shall be subject to the supervision and direction of the sheriff or chief of the police force of such county. P.L.L., 1969, §25-43 1955, ch. 203 1979, ch. 125

Whenever any public road or bridge of any of the counties affected by the provisions of this subheading shall be destroyed or rendered impassable, in whole or in part, by the Mayor and City Council of Baltimore, in connection with the work herein contemplated, it shall be the duty of said City to replace the same, at its own expense, as nearly as possible, with a suitable and convenient road or bridge in lieu thereof; and if any such existing public road or bridge, or any bridge or road so built in lieu of one so destroyed, be on or through property acquired by said City for the purposes contemplated by this subheading, it shall be the duty of said City thereafter at all times to maintain the same in good order and repair for the free use of the public, so far as the same may be on or through such property, subject to such provisions and conditions, looking to maintain the purity of the City’s water supply, as the said Mayor and City Council of Baltimore may by ordinance impose; and providing further, that the said Mayor and City Council of Baltimore shall not have the power, anything in this subheading or in any other Act to the contrary notwithstanding, to condemn any such public road or bridge of any of the counties affected by the provisions of this subheading, but shall have the right to divert, alter, close or destroy any public road or bridge of any of said counties, when necessary in the course of such work, only by agreement with the Highways Commission of the county affected or other proper authorities having charge and control thereof, on such terms as to replacing the same for the convenience of the public as may by said Highways Commission or other proper authorities be required. In the event that said City and the authorities of any county affected may not be able to agree upon the terms under which said road or bridge is to be altered, diverted, closed or destroyed, or upon the location or character of the road or bridge to replace the same, or upon any other terms as to the replacing of the same, the matter shall be referred to the Roads Engineer of the county affected, for the time being, and the Director of Public Works of Baltimore City, for the time being, who shall have plenary power to consider and decide all questions in connection with such diversion, alteration, closure or destruction of such road or bridge, and to determine where, how and in what manner, and within what time, the same shall be replaced by said City. No road or bridge shall be closed or altered in whole or in part under the provisions of this subheading until another shall have been constructed and opened to the public in lieu thereof as herein provided, and said Engineers shall have full power and authority to summon, require the attendance of, all witnesses in connection with their inquiries under <cite data-path="25|§25-44">this section</cite>, and to require that their testimony shall be taken under oath, as required by law. The decision of said Engineers in all matters between the City and any county affected which may devolve upon them under <cite data-path="25|§25-44">this section</cite> shall be final and conclusive unless impeached for fraud in appropriate proceedings instituted in the Circuit Court for the county affected, to set aside their findings on such ground. Whenever said Engineers may require and determine that the Mayor and City Council of Baltimore shall construct a road to replace any road diverted, altered, closed or destroyed, or to be diverted, altered, closed or destroyed in the course of the work contemplated by this subheading, said City shall have power to agree with the owners of land, property or things to be taken or injuriously affected in the construction thereof, and, in default of agreement, to condemn the right of way under the provisions of this subheading, authorizing the condemnation of property, land or things for the purposes of this subheading, or may, at its election, make application to the Highways Commission or other proper authorities of the county affected, for the opening or alteration of such road, in which latter event the proceedings shall be those prescribed by law for the opening or alteration of roads in such county, except that no land owner shall be assessed for any part of the cost thereof, the whole of such cost to be borne by the Mayor and City Council of Baltimore. In the event of disagreement between the said Engineers as to any matter devolved upon them by the terms of <cite data-path="25|§25-44">this section</cite>, they shall call in as a third arbiter, a nonresident Engineer, skilled in the construction or maintenance of highways and bridges, to be selected by the Governor of Maryland, on the application of either of said Engineers, in the event they are unable to agree on such third person, the decision of any two of the board thus selected to be binding on the parties, and to be final and conclusive, unless impeached for fraud as aforesaid. All costs and expenses incurred in connection with any such arbitration proceedings shall be paid by the Mayor and City Council of Baltimore. The powers and duties of the Director of Public Works of Baltimore City under <cite data-path="25|§25-44">this section</cite> may, at any time, with the consent of the Mayor of Baltimore, be delegated by him to one of his assistant engineers, or such powers may be exercised and duties performed by some third party to be named by the municipal agency charged with the duty of carrying the work under this subheading into execution. The powers conferred and the duties imposed by <cite data-path="25|§25-44">this section</cite> upon the Roads Engineer of any county affected by the provisions of <cite data-path="25|§25-44">this section</cite> may at any time, with the consent of the County Commissioners of such county, be delegated by him to one of his assistant engineers, or, if there be no Roads Engineer of said county, it shall be the duty of the County Commissioners of said county to appoint some person, preferably an engineer resident in said county, to exercise such powers and to perform such duties. P.L.L., 1969, §25-44 1955, ch. 203

Whenever any State road or bridge under the jurisdiction of the State Highway Administration shall be destroyed or rendered impassable, in whole or in part, by the Mayor and City Council of Baltimore, in connection with the work herein contemplated, it shall be the duty of Baltimore City to replace the road or bridge, as nearly as possible, at the City’s expense, with a suitable and convenient road or bridge in lieu thereof; provided that the Mayor and City Council of Baltimore shall not have the power, anything in this subheading or in any other Act to the contrary notwithstanding, to condemn any such State road or bridge under the jurisdiction of the State Highway Administration, but shall have the right to divert, alter, close or destroy any State road or bridge under the jurisdiction of the State Highway Administration when necessary in the course of such work, only by agreement with the State Highway Administration, on such terms as replacing the road or bridge for the convenience of the public as may be required by the State Highway Administration. In the event that Baltimore City and the State Highway Administration may not be able to agree upon the terms under which the State road or bridge is to be altered, diverted, closed or destroyed, or upon the location or character of the State road or bridge to replace the same, or upon any other terms concerning the replacement of the road or bridge, the matter shall be referred to the Chief Engineer of the State Highway Administration and the Director of Public Works of Baltimore City, for the time being, who shall have complete power in every respect to consider and decide all questions in connection with such diversion, alteration, closure or destruction of such State road or bridge, and to determine where, how and in what manner, and within what time, the road or bridge shall be replaced by Baltimore City. No State road or bridge shall be closed or altered in whole or in part under the provisions of this subheading until another is constructed and opened to the public in lieu thereof as herein provided, and these Engineers shall have full power and authority to summon, and require the attendance of, all witnesses in connection with their inquiries under <cite data-path="25|§25-45">this section</cite>, and to require that their testimony shall be taken under oath, as required by law. The decision of these Engineers in all matters between Baltimore City and the State Highway Administration which may pass by transfer or succession upon them under <cite data-path="25|§25-45">this section</cite> shall be final and conclusive unless impeached for fraud in appropriate proceedings instituted in the Circuit Court for Baltimore City, to set aside their findings on such ground. Whenever these Engineers may require and determine that the Mayor and City Council of Baltimore shall construct a road to replace any State road diverted, altered, closed or destroyed, or to be diverted, altered, closed or destroyed in the course of the work contemplated by this subheading, Baltimore City shall have the power to agree with the owners of land, property or things to be taken or injuriously affected in the construction thereof, and, in default of agreement, to condemn the right of way under the provisions of this subheading, authorizing the condemnation of property, land or things for the purposes of this subheading, or may, at its election, make application to the State Highway Administration for the opening or alteration of such State road, in which latter event the proceedings shall be those prescribed by law for the opening or alteration of State roads, except that no land owner shall be assessed for any part of the cost thereof, the whole of such cost to be paid by the Mayor and City Council of Baltimore. In the event of disagreement between the said Engineers as to any matter handed down to them by the terms of <cite data-path="25|§25-45">this section</cite>, they shall call in as a third arbiter, an engineer skilled in the construction or maintenance of highways and bridges, to be selected by the Governor of Maryland, on the application of either of these Engineers, in the event that they are unable to agree on such third person, the decision of any two of the board thus selected to be binding on the parties, and to be final and conclusive, unless impeached for fraud as aforesaid. All costs and expenses incurred in connection with any such arbitration proceedings shall be paid by the Mayor and City Council of Baltimore. The powers and duties of the Director of Public Works of Baltimore City under <cite data-path="25|§25-45">this section</cite> may, at any time, with the consent of the Mayor of Baltimore, be delegated by the Director to one of the Director’s assistant engineers, or such powers may be exercised and duties performed by some third party to be named by the municipal agency charged with the duty of carrying the work under this subheading into execution. The powers conferred and the duties imposed by <cite data-path="25|§25-45">this section</cite> upon the Chief Engineer of the State Highway Administration may at any time, with the consent of the State Highway Administration, be delegated by the Chief Engineer to any assistant engineer. P.L.L., 1969, §25-45.)1(955, ch. 203 1986, ch. 345

As soon as the Mayor and City Council of Baltimore shall be ready to begin work under this subheading, the Road Engineers of any county affected, and the Director of Public Works of Baltimore City, shall together make a careful inspection of all public roads, and portions of public roads, and of all bridges of such county, certain or likely, in the opinion of said Roads Engineer, to be used by the Mayor and City Council of Baltimore, or its agents, or contractors, for teaming or hauling, in connection with said work, and shall thereupon draw up a memorandum, in writing, one duplicate whereof shall be filed and kept in the office of the County Commissioners of such county, and the other duplicate whereof shall be filed and kept in the office of the Comptroller of Baltimore City, certifying to the precise condition, at that time, in point of repair in their opinion, of all such roads, and portions of roads, and of all such bridges, and thereafter, at regular intervals of six months, there shall be a similar inspection by said officers of all such roads, and portions of roads, and of all such bridges, and immediately after such inspection, said engineers shall, in like manner, draw up a similar memorandum, in writing, duplicates whereof shall be filed and kept in like manner as aforesaid, certifying in precise terms to the physical and pecuniary extent, to which, in their opinion, such roads and portions of roads, and such bridges shall have been injured by reason of the extra wear and tear imposed upon them since the next preceding inspection, by such teaming or hauling, and, in said memorandum, the pecuniary extent of said injury shall be computed and set forth in dollars and cents, and, as soon as said memorandum shall be signed by said engineers, and filed in duplicate as aforesaid, the amount of the pecuniary injury, so certified, shall at once become due and payable by the Mayor and City Council of Baltimore out of any funds which may be available to said City for said purpose to the treasurer of the county affected, as a fund for the repair of such injury. In the event of disagreement between said engineers as to any matter devolved upon them by the terms of <cite data-path="25|§25-46">this section</cite> of this subheading, all the provisions of <cite data-path="25|§25-45">Section 25-45</cite> of this subheading, relative to disagreement between said officers as to the diversion, alteration, closure or destruction of highways or bridges, shall likewise be applicable to said disagreement under <cite data-path="25|§25-46">this section</cite>. Said engineers shall have plenary power to consider and decide all questions arising in the discharge of their duties under <cite data-path="25|§25-46">this section</cite>, and shall have the same power to summon and require the attendance of witnesses, in connection with their inquiries under <cite data-path="25|§25-46">this section</cite>, and to have them sworn, as is provided for in <cite data-path="25|§25-45">Section 25-45</cite> of this subheading. In the event of any arbitration proceedings under <cite data-path="25|§25-46">this section</cite>, all costs and expenses incurred in connection therewith shall be paid by the Mayor and City Council of Baltimore. The powers and duties of the Director of Public Works of Baltimore City under <cite data-path="25|§25-46">this section</cite> may, at any time, with the consent of the Mayor of Baltimore, be delegated by him to one of his assistant engineers, or such powers may be exercised and duties performed by some third party to be named by the municipal agency charged with the duty of carrying the work under this subheading into execution. The powers conferred and the duties imposed by <cite data-path="25|§25-46">this section</cite> upon the Roads Engineer of any county affected by the provisions of <cite data-path="25|§25-46">this section</cite> may at any time, with the consent of the County Commissioners of such county, be delegated by him to one of his assistant engineers, or, if there be no Roads Engineer of said county, it shall be the duty of the County Commissioners of said county to appoint some person, preferably an engineer resident in said county, to exercise such powers and to perform such duties. P.L.L., 1969, §25-46 1955, ch. 203

At least thirty days prior to the beginning of construction work in any county affected by the provisions of this subheading, the Mayor and City Council of Baltimore shall file in the office of the county Commissioners of such county one or more maps showing the exisitng public roads and highways traversing the property acquired or to be acquired under this subheading, which are to be closed, altered, diverted or relocated, in whole or in part, or the grades thereof changed; and also to show all roads or pads of roads which the Mayor and City Council of Baltimore proposes to construct in substitution for, or to take the place of, any such roads so closed, obstructed, altered or changed. P.L.L., 1969, §25-47 1955, ch. 203

The Mayor and City Council of Baltimore is hereby authorized and empowered to pass any and all ordinances not inconsistent with the terms of this subheading, that it may deem advisable for the purpose of fully effectuating the objects of this subheading. The Mayor and City Council of Baltimore is hereby authorized to use any funds appropriated for extending, enlarging, developing and improving the municipal water supply or the water system of Baltimore City to exercise the powers granted by this subheading. P.L.L., 1969, §25-48 1955, ch. 203

The powers vested in the Mayor and City Council of Baltimore by this subheading when exercised in Harford County shall be limited and defined as follows: Upon the completion of a line or lines conveying water from the Susquehanna River to Baltimore under the provisions of the subheading, the City of Baltimore shall make available to the municipalities (including sanitary districts) of Harford County a maximum total of ten million (10,000,000) gallons daily at at least four convenient tapping points in Harford County, the cost of the construction of lines, pumping stations, and pipe connections to and with Baltimore City’s line or lines shall be borne by the municipality in Harford County and the cost of the water to said Harford County municipalities shall be fixed by mutual agreement. In the event of a disagreement in the selection of tapping points or in fixing the rates to be charged for the water furnished to said municipalities, the question shall be referred to the Public Service Commission of Maryland, or its successor, and the decision of said commission shall be binding upon both Baltimore City and the municipalities of Harford County. In the event that the ten million (10,000,000) gallons daily guaranteed to the municipalities of Harford County do not supply their full needs and Baltimore City is unable to increase this allotment without substantially improving its own water supply system, the division of said allotment among said municipalities shall be made by the Public Service Commission of Maryland or its successor. No permanent dams of streams, creeks, or watercourses shall be constructed in Harford County nor shall the courses of streams, creeks, or watercourses be permanently and substantially altered except as hereinafter provided. For the purposes of regularizing the taking of water from the Susquehanna River, the Mayor and City Council of Baltimore is hereby authorized to construct, maintain and operate a dam or reservoir on Bucks Branch or Elbow Branch, which are tributaries of Deer Creek. The powers of condemnation granted under this subheading shall not be exercised to take any existing public graveyard in Harford County. The strip of land acquired for the construction of the line or lines from the pumping station shall not exceed sixty (60) feet in width, together with an additional twenty-five (25) feet on each side of said strip as a temporary easement during the period of construction. Nothing herein shall be construed to impair or limit the right of any municipality in Harford County to take water from the Susquehanna River by independent means under proper legal authority. That in the event it can be scientifically demonstrated that the taking of water from the pool by the City of Baltimore would substantially increase the salinity of the water at the Havre de Grace intake to the point where the water would be unpalatable, then the City would cease taking the water during that period. That the Mayor and City Council of Baltimore and its representatives shall consult with the County Commissioners of Harford County, and the Harford County Planning and Zoning Commission, as to the route or routes to be followed by the water pipeline across Harford County, and the location of other appurtenant facilities in Harford County in connection with the water supply system. The route of the line or lines to be constructed shall follow generally those described as route No. 1 and No. 2 in a report to the City of Baltimore on future sources of water supply and appurtenant problems by the Board of Advisory Engineers on future water supply dated December 15, 1953. P.L.L., 1969, §25-49 1955, ch. 203

In <cite data-path="27">this subtitle</cite> the following words have the meanings indicated. “Board of Estimates” means the Board of Estimates of the City of Baltimore. “City” means Mayor and City Council of Baltimore. “Economic Development Agency” means an agency, commission or other entity, public or private, so designated for purposes of <cite data-path="27">this subtitle</cite> by the Board of Estimates. “Enterprise” means any individual, partnership, corporation, joint venture or other entity carrying on business, or proposing to carry on business within the limits of Baltimore City. “Equity” means equity as determined in accordance with generally accepted accounting principles. “Fund” means the Enterprise Development Fund established for purposes of <cite data-path="27">this subtitle</cite> by the City. “Program” means the Enterprise Development Program established for purposes of <cite data-path="27">this subtitle</cite> by the City. “Working capital” means working capital as determined in accordance with generally accepted accounting principles. 1984, ch. 745

The General Assembly finds that there is a critical need in the City for venture capital to assist in the establishment and growth of enterprises in order to promote the expansion, stability, and diversification of the City’s industrial and commercial base and the expansion of employment opportunities in the City. The purpose of <cite data-path="27">this subtitle</cite> is to establish a program through which the City may commit limited amounts of public funds for the establishment and growth of enterprises through equity investment, loans and loan guaranties to enterprises meeting the criteria established in <cite data-path="27">this subtitle</cite> in order to create a business environment in the City which will attract venture capital from private sources. It is the intention and the purpose of the General Assembly to create an enterprise development program that will promote a partnership between the public and private sectors for the essential public purpose of creating new and better employment opportunities and enhancing the long-term economic well-being and general welfare of the residents of the City. It is the intention of the General Assembly that the City shall have complete and absolute discretion to determine the enterprises that will receive the benefit of the financial assistance contemplated and authorized by <cite data-path="27">this subtitle</cite>. <cite data-path="27">This subtitle</cite> shall be broadly construed to effect its purposes. 1984, ch. 745

The financing, development, operation and administration of any enterprise financially assisted pursuant to <cite data-path="27">this subtitle</cite> are subject to the provisions of <cite data-doc="Md. Code" data-path="49B">Article 49B of the Annotated Code of Maryland</cite> that concern discrimination and unlawful practices. 1984, ch. 745

Any finding or determination by or on behalf of the City as to the implementation of <cite data-path="27">this subtitle</cite> is conclusive. 1984, ch. 745

In order to accomplish the legislative purposes of <cite data-path="27">this subtitle</cite>, the City may implement the Program and establish the Fund. The Program shall be administered and the Fund shall be held, managed, supervised, and accounted for by or at the direction of the Board of Estimates. The Board of Estimates in its sole and absolute discretion may:delegate to an economic development agency the full responsibility and discretion to administer the Program and to hold, manage, supervise and account for the Fund on behalf of the City; or create a local authority to administer the Program and to hold, manage, supervise and account for the Fund on behalf of the City and grant it such powers and duties as the Board of Estimates deems necessary or convenient consistent with the conditions, limitations and purposes of <cite data-path="27">this subtitle</cite>. The funds shall be a continuing, non-lapsing, revolving Fund that consists of:moneys appropriated by the City; any dividends, profits, royalties or other earnings received as a result of any equity investment made pursuant to <cite data-path="27">this subtitle</cite>; any repayment of principal of and interest on a loan made pursuant to <cite data-path="27">this subtitle</cite>; premiums and fees received from loans made or guaranteed pursuant to <cite data-path="27">this subtitle</cite>; proceeds from the sale, lease, rental or other disposal of property, goods or other collateral held or acquired by the City to secure the repayment of a loan made or guaranteed pursuant to <cite data-path="27">this subtitle</cite>; moneys from any source to effect the purposes of <cite data-path="27">this subtitle</cite>, including, without limitation, any federal or private grant; and investment earnings on the Fund. The Fund shall be segregated from other funds of the City. The Fund shall be invested and reinvested in the same manner as other funds of the City. Any investment earnings on the Fund (including, without limitation, dividends, profits, royalties or other earnings received as a result of equity investments made by the Fund, interest on loans made from the Fund and premiums and fees received from loans guaranteed by the Fund) to the extent not expended or obligated within any fiscal year pursuant to <cite data-path="27">this subtitle</cite> shall be paid into the general fund of the City. The City shall use the Fund exclusively:to pay all expenses incurred pursuant to <cite data-path="27">this subtitle</cite>, including expenses for administrative, legal, actuarial and other services; to make equity investments or loans pursuant to <cite data-path="27|§27-6">Section 27-6</cite>; to make any payment required in connection with a loan guaranteed pursuant to <cite data-path="27|§27-7">Section 27-7</cite>; and to make any payment on behalf of an enterprise to any third party pursuant to <cite data-path="27|§27-7|(c)">Section 27-7(c)</cite> for the extension of credit or for a loan guaranty by that third party. Any obligation incurred by the City pursuant to <cite data-path="27">this subtitle</cite> shall be a limited obligation of the City payable exclusively from moneys on deposit in the Fund. In no event shall the City be held liable for any debts or obligations of an enterprise financially assisted pursuant to <cite data-path="27">this subtitle</cite>. The unobligated balance in the Fund as of the beginning of any fiscal year may not exceed $3,000,000. 1984, ch. 745

To implement the Program, the City may make an equity investment in or a loan to an enterprise, provided that the City in its sole and absolute discretion determines that such equity investment or loan will:provide working capital to the enterprise or be used by the enterprise to purchase machinery or equipment; and assist in the establishment or growth of an enterprise and likely result in the establishment or expansion of manufacturing, office, research or related activities in the City. Any equity investment or loan made pursuant to paragraph (a):shall be made only to and for the benefit of an enterprise; and shall be upon the terms and conditions as the City in its sole and absolute discretion may prescribe, provided that:if a loan is made from the proceeds of a bond issue, the loan may not bear interest at a rate that would cause the bonds to be “arbitrage bonds” within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, or any successor provision; and a loan shall mature at a date no later than 10 years following the date on which the first funds are advanced to the enterprise. The City may establish fees in an amount calculated to cover the administrative expense of making the equity investment or the loan. The City may make an equity investment in or a loan to an enterprise pursuant to <cite data-path="27|§27-6">this section</cite> or may guarantee a loan made by a private lender to an enterprise or procure a third party to guarantee a loan to an enterprise pursuant to <cite data-path="27|§27-7">Section 27-7</cite> in any combination which the City, in its sole and absolute discretion, deems appropriate. 1984, ch. 745 1986, ch. 595 1990, ch. 6 1995, ch. 3

To implement the Program, the City may guarantee a loan made by a private lender to an enterprise, provided that the City in its sole and absolute discretion determines that the loan to be guaranteed will:provide working capital to the enterprise or be used by the enterprise to purchase machinery or equipment; and assist in the establishment or growth of an enterprise and likely result in the establishment or expansion of manufacturing, office, research or related activities in the City. The City in its sole and absolute discretion may prescribe the terms upon which a loan is to be guaranteed and may establish premiums and fees in an amount calculated to cover the administrative expense of guaranteeing the loan and the risk of loss arising from a loan default, provided that the loan that is to be guaranteed shall be made to and for the benefit of an enterprise. In lieu of directly guaranteeing a loan, the City in its sole and absolute discretion may procure a third party to guarantee a loan to an enterprise and may pay the fees therefor on behalf of the enterprise, provided that the conditions and limitations set forth in paragraphs (a) and (b) of <cite data-path="27|§27-7">this section</cite> are fully satisfied. The City shall determine in accordance with sound financial principles the reserves that shall be maintained in the Fund to ensure full and prompt payment when due of any amounts payable as a result of any default on a loan guaranteed pursuant to <cite data-path="27|§27-7">this section</cite>, and for purposes of paragraph (2) of <cite data-path="27|§27-5|(e)">Section 27-5(e)</cite> such reserves shall be deemed obligated in the fiscal year in which the loan to which such reserves apply is guaranteed. The City may guarantee a loan made by a private lender to an enterprise or procure a third party to guarantee a loan to an enterprise pursuant to <cite data-path="27|§27-7">this section</cite> or may make an equity investment in or a loan to an enterprise pursuant to <cite data-path="27|§27-6">Section 27-6</cite> in any combination which the City, in its sole and absolute discretion, deems appropriate. 1984, ch. 745

The City, in its sole and absolute discretion, may terminate the Program and cease to make equity investments and loans and to guarantee loans pursuant to <cite data-path="27">this subtitle</cite>. Prior to the termination of the Program, all outstanding equity investments shall be liquidated on terms most favorable to the City and the net proceeds thereof shall be deposited in the Fund. Following termination of the Program, the City shall continue:to service from the Fund all outstanding loans and loan guaranties made by the City pursuant to <cite data-path="27">this subtitle</cite> prior to the termination of the Program in accordance with their respective terms; to deposit in the Fund all repayments of principal of an {and} interest on all outstanding loans made by the City pursuant to <cite data-path="27">this subtitle</cite> prior to the termination of the Program and any proceeds from the sale, lease, rental or other disposal of property, goods or other collateral held or acquired by the City to secure the repayment of a loan made or guaranteed by the City pursuant to <cite data-path="27">this subtitle</cite> prior to the termination of the Program; to pay from the Fund, as and when due, any obligations entered into by the City with respect to any loan guaranty made by the City pursuant to <cite data-path="27">this subtitle</cite> prior to the termination of the Program; and to pay from the Fund all expenses incurred by the City in administering the Fund. At such time as all loans made, and all obligations entered into, by the City pursuant to <cite data-path="27">this subtitle</cite> prior to the termination of the Program have been paid, satisfied or otherwise terminated, all moneys remaining in the Fund shall be paid over to the general fund of the City. 1984, ch. 745