Title 10. Statewide Development Resources and Revenue Authorities — Subtitle 2. Maryland Food Center Authority

the purchase price;

the cost of any property, right, easement, and franchise considered necessary to construct and establish a development or project;

the cost of relocation of wholesale food dealers or tenants under § 10–212 of this subtitle;

the cost of labor, materials, and equipment, including expenses of relocating public utility facilities under § 10–210 of this subtitle;

financing charges;

interest before and during construction;

the cost of revenue and cost estimates, engineering, architectural, and legal services, plans, specifications, surveys, and other expenses necessary or incident to determining the feasibility or practicability of the construction of a development or project;

administrative expenses; and

other expenses necessary or incident to:

the Center;

a commercial seafood development; and

any other multiproject food–related or agriculturally related real estate development that the Authority undertakes to further the purposes of this subtitle.

“Food” means agricultural and other edible food products and floricultural and horticultural products.

“Food” includes the following:

“Food” may be in packaged or fresh form.

“Food” shall be liberally construed.

“Project” means a facility, operation, or portion of a development that the Authority undertakes to further the purposes of this subtitle.

“Project” includes:

for the benefit of the residents of the State and its political subdivisions; and

a public purpose.

it is in the public interest to:

The Authority consists of 12 members.

Of the 12 members:

The term of an appointed member is 5 years.

At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

Thirty days after giving written notice to the member, the Governor may remove an appointed member for inefficiency, neglect, or misconduct.

The member is entitled to a hearing before the Governor, if a written request for a hearing is made to the Governor no later than 10 days after receiving the notice.

If a member is removed, the Governor shall promptly appoint a successor.

From among its members, the Authority shall elect a chair and a vice chair.

The Authority shall elect a secretary–treasurer who need not be a member of the Authority.

The Authority shall meet at least quarterly.

At least 10 days before each meeting, written notice of the meeting shall be given to each member of the Authority.

A majority vote of the members present at a meeting having a quorum is needed for the Authority to act.

An ex officio voting member may designate another individual to vote in that member’s absence.

The Authority may pay an appointed member up to $1,000 a year on a per diem basis for services.

A member of the Authority is entitled to reimbursement for expenses under the Standard State Travel Regulations.

Reimbursement and compensation under this subsection may only be paid from money provided under this subtitle.

is not subject to the following provisions of the State Finance and Procurement Article:

may construct developments and projects without obtaining the consent of any other unit of State government and without any proceeding, the satisfaction of any condition, or the occurrence of any event.

In carrying out its duties relating to developments and projects, the Authority shall comply with Title 14, Subtitle 3 of the State Finance and Procurement Article (Minority Business Participation).

The Authority shall take affirmative steps to include minority businesses in its markets to at least the same extent as applicable to a procurement subject to Title 14, Subtitle 3 of the State Finance and Procurement Article.

sue and be sued;

adopt a seal;

acquire, hold, and dispose of property for its corporate purposes;

sell, lease, or otherwise convey, in any manner that the Authority considers appropriate, any property it owns to accomplish the purposes of this subtitle;

enter into contracts and leases, including contracts or leases relating to the construction, operation, maintenance, management, and use of developments and projects, concessions, stalls, auction houses, docking facilities, and other facilities, and execute any instrument necessary or convenient, on the terms and for any corporate purpose that the Authority considers advisable;

issue bonds in accordance with this subtitle;

use the proceeds of the bonds, other money available under this subtitle, or any grant or money from the State or federal government or any of their units or instrumentalities to accomplish the purposes of this subtitle;

borrow money for a corporate purpose and mortgage or otherwise encumber its property as security for the loan;

accept gifts, contributions, or loans of money, supplies, goods, and services, and accept appropriations, allotments, and loans of money from the State or federal government, a federal corporation, a unit or instrumentality of the federal government, or a political subdivision or instrumentality of the State;

exercise a power usually possessed by a private corporation in performing similar functions unless to do so would conflict with State law;

dredge approaches and acquire, construct, maintain, equip, and operate wharves, docks, piers, and other structures, and any facilities necessary for commerce; and

do all things necessary or convenient to carry out the powers expressly granted by this subtitle.

Subject to paragraph (2) of this subsection, the Authority may delegate any power or duty it considers appropriate to a member, an officer, an agent, or an employee of the Authority.

A contract is not binding on the Authority unless it is approved or authorized by a majority of the members of the Authority.

the use of streets, alleys, driveways, and docking slips on the Authority’s property;

the establishment of parking areas on the Authority’s property; and

the safety and welfare of persons using the Authority’s property.

purchase on terms and conditions and in the manner the Authority considers appropriate; or

condemnation for public use in accordance with applicable law.

If the Authority considers it expedient to establish or construct a development or project on any land, street, alley, or public place that is owned by a political subdivision, the political subdivision may:

Before an acquisition under this subsection, the Authority, on request of a political subdivision, shall remove or relocate at the expense of the Authority any public utility facilities, whether publicly or privately owned or operated, located on the property.

for Baltimore City, by the Board of Estimates; and

for any other political subdivision, by the county commissioners, county executive, or in a charter county without a county executive, the county council, or in a municipal corporation, by its governing body.

develop, establish, acquire, improve, own, operate, and maintain developments and projects in the State; and

pay the cost of developments or projects, including improvements to any waterways at a development or project, from:

an analysis of the economic benefits of the proposed development is submitted to the Legislative Policy Committee, in accordance with § 2-1257 of the State Government Article; and

the Legislative Policy Committee is given 45 days after receipt to comment on the proposal.

This subsection does not apply to facilities constructed on land leased or sold by the Authority to a private entity.

Before contracting to construct a facility at a development or project, the Authority shall solicit sealed bids.

All plans and any issue of bonds to finance a development or project require approval by the Board of Public Works by resolution before the bonds are sold.

All leases of real property and plans and contracts for the acquisition conveyance of real property require approval by the Board of Public Works.

the wholesale food dealers and tenants will provide the greatest opportunity of success for a development or project; and

the cost of the assistance is the most likely to be recouped.

acquire, by negotiation and purchase, the land, structures, equipment, or leases, or an interest in them, of the wholesale food dealer or tenant; and

pay the reasonable expenses of moving personal property that must be moved to locate or relocate the operations of the wholesale food dealer or tenant in a development or project.

fix and collect rates and charges for the use of the facilities of a development or project;

establish the terms and conditions for the use of the facilities; and

contract with a person for the person’s use of the facilities of a development or project.

“Person” has the meaning stated in § 9-101 of this article.

“Person” also includes a public or quasi-public corporation.

on property that is owned or otherwise held or controlled by the Authority or the State; or

on, under, or in property that is owned or otherwise held or controlled by any other person.

This subsection does not apply to an expenditure of money:

If the Authority provides financing to a person to accomplish the purposes of this subtitle, the Authority may not expend any bond proceeds to acquire or improve a facility until the Authority, with the approval of the Board of Public Works, has entered into a binding contract with the person.

The contract shall:

to pay any part of the cost of developments or projects;

to fund a deficit in accordance with subsection (i) of this section;

to pay the cost of improvements of developments or projects in accordance with subsection (j) of this section;

to refund outstanding bonds issued under this subtitle; and

for any other purpose set forth in this subtitle.

the dates of the bonds;

the maturity dates of the bonds, which may not exceed 40 years from the date of their issue;

the interest rates on the bonds;

the medium of payment of the principal of and interest on the bonds;

interest payment dates on the bonds, which shall occur twice in every 12 months;

the form of the bonds;

the manner of executing the bonds;

the denominations of the bonds; and

the places at which the principal of and interest on the bonds will be payable, including a bank or trust company in or outside the State.

The Authority shall sell the bonds either by competitive or negotiated sale in a manner and for a price that the Authority determines to be in its best interests.

The bonds are exempt from §§ 8-206 and 8-208 of the State Finance and Procurement Article.

Before it prepares definitive revenue bonds, the Authority may issue temporary revenue bonds meeting the requirements of this section that are exchangeable for definitive revenue bonds when issued.

The Authority may replace bonds that are mutilated, lost, or destroyed.

The Authority may issue replacement bonds or bonds exchanged for temporary revenue bonds without:

If the proceeds of the bonds are less than the amount required for the purpose for which the bonds were authorized, the Authority may issue additional bonds to fund the amount of the deficit.

Unless otherwise provided in the resolution authorizing the issuance of bonds or in the trust agreement, the additional bonds are:

The resolution authorizing the issuance of bonds may provide for the issuance of additional bonds to pay the cost of any necessary improvements.

The additional bonds:

an officer or unit of the State or a political subdivision;

a bank, trust company, savings and loan association, investment company, or other person conducting a banking business;

an insurance company, insurance association, or other person conducting an insurance business;

a personal representative, guardian, trustee, or other fiduciary; and

any other person; and

The Authority may secure a bond by a trust agreement between the Authority and a corporate trustee.

A corporate trustee may be any trust company or bank that has the powers of a trust company in or outside the State.

provide for the protection and enforcement of rights and remedies of bondholders, including covenants setting forth the duties of the Authority in relation to:

provide for the rights and remedies of bondholders and of the trustee;

restrict the individual right of action by bondholders as is customary in trust agreements securing bonds of corporations;

provide for the deposit of the proceeds of the sale of bonds and the revenue of a development or project with an officer, board, or depositary that the Authority designates as custodian; and

provide for the method of disbursing the proceeds and revenues with safeguards and restrictions that the Authority determines.

Except as provided in paragraph (2) of this subsection and § 10-222 of this subtitle, a trust agreement may pledge or assign revenues to be received from the development or project.

No portion of a development or project may be conveyed or mortgaged without the express consent of the Board of Public Works.

The Authority shall set aside a sufficient amount of the revenues derived from a development or project in a sinking fund or other similar fund at regular intervals to the extent required in the trust agreement or resolution.

The sinking fund is pledged to paying:

to pay for maintenance, repair, and operation of a development or project;

for reserves; and

for improvements to a development or project.

The lien of the pledge of revenues under subsection (b) of this section is valid and binding from the time the pledge is made.

The lien of the pledge is valid and binding against each party with a claim against the Authority in tort, contract, or otherwise, regardless of whether the party has notice of the lien.

any of its revenues;

its rights to receive its revenues;

money or securities in accounts established to secure a bond; or

a lien or security interest granted or assignment made to the Authority.

A pledge or assignment under subsection (a) of this section is valid and binding from the time the pledge or assignment is made.

A lien, security interest, or assignment under subsection (a) of this section: