Title 13. State-Operated Financial Programs — Subtitle 10. Canal Place Preservation and Development Authority

In this subtitle the following words have the meanings indicated.

“Authority” means the Canal Place Preservation and Development Authority.

“Bonds” means taxable or tax–exempt bonds, including refunding bonds, bond anticipation notes, notes in the nature of commercial paper, certificates, or any other evidence of obligation issued by the Authority.

“Fund” means the Canal Place Preservation and Development Authority Financing Fund established under § 13–1017 of this subtitle.

“Heritage Area” means the Canal Place Heritage Area, initially known as the Canal Place Historic Preservation District, the boundaries of which are described:

“Local jurisdiction” means:

“Maryland Heritage Areas Authority” means the Maryland Heritage Areas Authority created under Subtitle 11 of this title.

“Park corridor” means the land area within the Heritage Area the boundaries of which are described:

The Chesapeake and Ohio Canal is one of the great historic waterways of the United States extending 185 miles from Georgetown in the District of Columbia to its western terminus in Cumberland, Maryland;

The current physical condition of the Chesapeake and Ohio Canal in the City of Cumberland is one of severe deterioration with the last mile of the canal buried under a flood control project during the 1950s;

An opportunity now exists to rediscover the value of this waterway by transforming the canal and adjacent areas to a showpiece of historic preservation that will enhance recreational, commercial, civic, transportation, educational, and ecological values;

It is in the interest of the State, the local jurisdictions within and surrounding the Heritage Area, and the United States that the Heritage Area be preserved, developed, maintained, and used in a manner suitable to its significance, including the historic and cultural significance of the western terminus of the historic Chesapeake and Ohio Canal;

To ensure suitable preservation, development, maintenance, and use of the Heritage Area, it is essential that there be developed and carried out a management plan for the Heritage Area as an entirety that will specify:

The responsibility for developing and implementing a management plan for the Heritage Area can best be carried out by vesting the requisite powers in a public corporation that can take maximum advantage of the public and private resources necessary to ensure success of the management plan; and

Any management plan for the development of the Heritage Area should be prepared and implemented in cooperation with the United States Department of the Interior.

Shall be liberally construed to effect its purposes; but

May not be construed to be inconsistent with any applicable federal law or with the authority of any federal agency under that law.

There is a body corporate and politic known as the Canal Place Preservation and Development Authority.

The Authority is an instrumentality of the State and a public corporation by that name, style, and title.

The Authority is an independent unit in the Executive Branch of the State government.

The exercise by the Authority of the powers conferred by this subtitle is the performance of an essential public function.

The Authority consists of:

The Governor shall designate one of the members of the Authority as chairman.

The Governor may remove a nonfederal member for incompetence, misconduct, or failure to perform the duties of the position.

Five members of the Authority are a quorum.

Actions of the Authority must receive the affirmative vote of at least four members.

The Authority shall determine the times and places of its meetings.

A member of the Authority:

With the approval of the Governor, the Authority shall appoint an Executive Director, who is the Chief Administrative Officer and Secretary of the Authority.

The Executive Director serves at the pleasure of the Authority, subject to the concurrence of the Governor.

The Executive Director shall:

Adopt and alter an official seal;

Sue and be sued, plead, and be impleaded;

Adopt bylaws to regulate its affairs and the conduct of its business;

In accordance with Title 10, Subtitle 1 of the State Government Article, adopt regulations to carry out the provisions of this subtitle;

Maintain an office at a place that the Authority designates;

Employ, either as regular employees or as independent contractors, and fix the compensation of, accountants, architects, attorneys, construction experts and personnel, consultants, engineers, financial experts, managers, superintendents, and other professional personnel, personnel, and agents;

Appoint advisory committees composed of local officials, representatives of the business community, and such other interests as may be appropriate;

Subject to the requirements of this subtitle, adopt and implement a management plan for the Heritage Area;

Determine the locations of, develop, establish, construct, erect, acquire, own, repair, remodel, add to, extend, improve, equip, rewater, operate, regulate, and maintain, and contribute to the maintenance and operating costs of land, water, buildings, and structures to accomplish the purposes of the Authority;

By publishing a revised drawing or other boundary description in the Maryland Register, revise the boundaries of the Heritage Area or the park corridor with the consent of:

Subject to § 13-1009 of this subtitle, acquire, hold, lease, use, encumber, transfer, or dispose of real and personal property;

Provide or contract to provide tourism marketing and promotional services for the Canal Place Heritage Area, and provide financial assistance for tourism marketing and promotion in Allegany County and its municipal jurisdictions, if the expenditures by the Authority for those purposes are matched equally with nonstate funds;

Enter into contracts of any kind and execute all instruments necessary or convenient to carry out its powers under this subtitle;

Make and participate in making loans or grants, or otherwise provide financial assistance for any project that serves to preserve, develop, maintain, or protect the Heritage Area;

Through covenants, regulations, agreements, or otherwise, establish restrictions, standards, and requirements necessary to assure preservation, development, maintenance, and protection of the Heritage Area in accordance with a management plan that the Authority adopts;

Fix and revise from time to time and charge and collect rates, rents, fees, or other charges for the use of, or for services rendered in connection with, buildings, structures, land, and water to accomplish the purposes of the Authority;

Subject to Part III of this subtitle, issue bonds;

Receive and accept from any public or private source contributions, gifts, or grants of money or property;

Exercise all the corporate powers granted Maryland corporations under the Maryland General Corporation Law; and

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

The Authority may adopt and enforce regulations for the parking of motor vehicles in and on any facilities or property the Authority owns or controls.

The regulations shall:

The Maryland State Police or the Police Department of the City of Cumberland may issue citations for violations of the regulations adopted under this section.

The issuance of citations under this section shall comply with the requirements of Title 26, Subtitle 3 of the Transportation Article.

All regulations adopted under this section shall be posted conspicuously in a public place on facilities or property owned or controlled by the Authority.

The Executive Director of the Authority may designate employees of the Authority or security personnel under contract with the Authority to issue citations, to the extent authorized by the Executive Director of the Authority, for violations of motor vehicle parking regulations adopted under this section.

The Executive Director of the Authority, in consultation with the chief police officer of the Maryland State Police and the Maryland Police Training and Standards Commission, shall adopt regulations establishing:

This section does not affect the right of the Authority to acquire an option or institute any condemnation proceeding for later acquisition of property once the approval required by this section occurs.

Subject to subsection (b) of this section, prior approval of the Board of Public Works, and review by the Legislative Policy Committee, the Authority may exercise the power of ordinary condemnation for any private property for any purpose of the Authority:

For any acquisition of real or personal property or interest in property in the City of Cumberland or in Allegany County, other than in the park corridor, the Authority shall comply with any applicable local planning, zoning, and development regulations to the same extent as a private commercial or industrial enterprise.

Administer the Heritage Area in accordance with this subtitle;

Subject to § 13-1011 of this subtitle, develop a management plan for the Heritage Area;

Preserve or assist in the preservation of buildings, structures, and settings of historic value in the Heritage Area;

Conduct activities to educate the public about the history and significance of the Heritage Area;

Provide for recreational uses of the Heritage Area for both active and passive pursuits;

Facilitate economic development in the Heritage Area through public and private investment in adaptive reuse, interpretative attractions, or other activities;

To the extent practicable, consult and coordinate its activities with the states of West Virginia and Pennsylvania and appropriate regional entities;

Keep records consistent with sound business practices and accounting records consistent with generally accepted accounting principles;

Cause an audit by an independent licensed certified public accountant to be made of the accounts and transactions of the Authority at the conclusion of each fiscal year;

Be subject to audit and examination at any reasonable time by the Office of Legislative Audits of the Department of Legislative Services concerning the accounts and transactions of the Authority; and

For inclusion for informational purposes in the State budget book, submit annually to the Department of Budget and Management a budget reflecting the operating and capital program of the Authority.

Specifies the goals and objectives for the preservation, development, and management of the Heritage Area;

Provides an inventory of the significant resources in the Heritage Area, including its cultural, historic, and natural resources;

Identifies the types of public and private uses to be accommodated in the Heritage Area;

Describes the educational, interpretative, and recreational programs and projects concerning the Heritage Area;

Describes plans for encouraging and accommodating visitation to and economic development of the Heritage Area;

Provides an economic assessment of the long and short term costs and benefits related to the implementation of the management plan, including an identification of expected sources of funding;

Describes the specific techniques or means for the long term preservation and protection of the significant resources in the Heritage Area, including its cultural, historic, and natural resources;

Describes the public and private organizational structure to be utilized for planning, development, and management of the Heritage Area; and

Provides a schedule for the planning, development, and management of the Heritage Area.

At least 30 days before submitting a management plan to the Maryland Historical Trust under § 13-1011 of this subtitle, the Authority shall:

Within 90 days after receipt from the Authority of a management plan, the Maryland Historical Trust shall approve or disapprove the plan.

If the Maryland Historical Trust disapproves a management plan, the Trust shall advise the Authority of the reason for the disapproval and provide recommendations for a revision of the plan.

The Maryland Heritage Areas Authority shall approve or disapprove any revisions to an existing management plan for the Heritage Area in accordance with § 13–1111(m) of this title.

Except as provided in subsection (b) of this section and notwithstanding any power vested in the Authority by this subtitle, the Authority may not make any expenditure until:

Before the requirements of subsection (a) of this section occur, the Authority may make expenditures only to:

After the Authority’s adoption of a management plan for the Heritage Area in accordance with this subtitle; and

Before the City implements its plan for the activity.

Members of the General Assembly who reside in Allegany County;

A representative of each of:

Residents and business representatives from the area within and adjacent to the Heritage Area; and

Other representatives as the Authority deems appropriate.

There is a Canal Place Preservation and Development Authority Financing Fund.

The Authority shall use the Fund as a continuing, nonlapsing, revolving fund for carrying out the purposes of this subtitle. No part of the Fund may revert or be credited to the General Fund or to any other special fund of the State.

The Authority shall place all of the following receipts in the Fund:

The Authority shall pay all expenses and make all expenditures from the Fund.

The State Treasurer shall:

Subject to this part, the Authority may at any time and from time to time issue bonds for any corporate purpose, including the establishment of reserves and the payment of interest.

The Authority:

The Authority shall notify the Board of Public Works of its intention to issue bonds up to a stated amount.

Fees, charges, or other revenues payable to the Authority;

Payments by financial institutions, insurance companies, or others pursuant to letters or lines of credit, policies of insurance, or purchase agreements;

Investment earnings from funds or accounts maintained pursuant to a bond resolution or trust agreement;

Proceeds of refunding bonds; and

Any other source authorized by law.

Be issued at, above, or below par value, for cash or other valuable consideration, and mature at a time or times, whether as serial bonds or as term bonds or both, not exceeding the maturity date established by the Authority;

Bear interest at the fixed or variable rate or rates determined by the method provided in the resolution or trust agreement;

Be payable at a time or times, in the denominations and form, either coupon or registered or both, and carry the registration and privileges as to conversion and for the replacement of mutilated, lost, or destroyed bonds as the resolution or trust agreement may provide;

Notwithstanding any other law, be deemed a “security” within the meaning of § 8–102 of the Commercial Law Article, whether or not it is either one of a class or a series or by its terms is divisible into a class or series of instruments and negotiable for all purposes although payable from a limited source;

Be payable in lawful money of the United States at a designated place;

Be subject to the terms of purchase, payment, redemption, refunding, or refinancing that the resolution or trust agreement provides;

Be executed by the manual or facsimile signatures of the officers of the Authority designated by the Authority, which signatures shall be valid at delivery even for an officer who has ceased to hold office; and

Be sold in the manner and on the terms determined by the Authority, including private (negotiated) sale and be exempt from §§ 8–206, 8–208, and 8–209 of the State Finance and Procurement Article.

Any resolution or trust agreement the Authority adopts or enters into under § 13-1018(b) of this subtitle may contain provisions that:

Any provisions under subsection (a) of this section that the Authority includes in a resolution or trust agreement shall be part of the contract with the holders of the bonds.

A pledge by the Authority of revenues as security for an issue of bonds shall be valid and binding from the time when the documents evidencing the pledge are executed by the Authority.

In order to perfect the lien on the revenue pledged by the Authority against third persons, a resolution, trust agreement or financing statement, continuation statement, or other instrument that the Authority adopts or enters into need not be filed or recorded in any public record other than the records of the Authority.

No member of the Authority nor any person executing the bonds shall be liable personally on the bonds or subject to any personal liability by reason of the issuance of the bonds.

Except as otherwise provided by an applicable resolution or trust agreement, a holder of bonds issued under this subtitle, or a trustee acting under a trust agreement entered into under this subtitle, may, by any suitable form of legal proceedings, protect and enforce any rights granted under the laws of this State or by any applicable resolution or trust agreement.

The Authority may issue bonds to refund any of its bonds then outstanding, including the payment of any redemption premium and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity of the bonds.

Refunding bonds may be issued:

The Authority may enter into agreements with agents, banks, insurers, or others for the purpose of enhancing the marketability of, or as a security for, its bonds.

Any financial institution, investment company, insurance company or association, and any personal representative, guardian, trustee, or other fiduciary, may legally invest any money belonging to them or within their control in any bonds issued by the Authority.

From the payment of taxes or assessments of any kind;

Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of the State Finance and Procurement Article, from the provisions of Division II of the State Finance and Procurement Article; and

From the provisions of Division I of the State Personnel and Pensions Article that govern the State Personnel Management System.

Any unit of the State government that conducts or supports activities affecting the Heritage Area shall:

A unit of the State government may not issue any license or permit to any person to conduct any activity within the Heritage Area unless the unit determines that the proposed activity: