The Administration may purchase and Baltimore City may sell to the Administration any of the title and interest that Baltimore City has in any of the following: All of the property described in the contract, dated December 29, 1926, between the Mayor and City Council of Baltimore and the Western Maryland Railway Company (ratified by Ordinance No. 965, approved February 4, 1927, of the Mayor and City Council of Baltimore) and the contract, dated April 27, 1955, between the same parties (ratified by Ordinance No. 1483, approved May 19, 1955, of the Mayor and City Council of Baltimore), which deal with the construction, improvement, addition to, and leasing of the McComas Street Terminal at Port Covington in Baltimore City; All of the property described in the contract, dated August 4, 1944, between the Mayor and City Council of Baltimore and the National Gypsum Company (ratified by Ordinance No. 133, approved August 29, 1944, of the Mayor and City Council of Baltimore), which deals with the construction of the National Gypsum Company Pier in Baltimore City; and The Broadway Pier (Recreation Pier) at the foot of Broadway in Baltimore City. Any sale under this section shall be on the terms and conditions and at the price agreed to by the Administration and the Board of Estimates of Baltimore City.

If the Administration and Baltimore City cannot agree on the terms, conditions, and price for any of the property described in § 6-401 of this subtitle, the matter shall be referred to an arbitration board. The arbitration board shall consist of three members appointed as follows: One by the Administration; One by the Board of Estimates of Baltimore City; and One jointly by the two members already appointed. If, within 15 days after the appointment of the second arbitrator, a third arbitrator has not been appointed, the Governor shall appoint the third arbitrator. If the party seeking arbitration appoints its arbitrator and gives written notice of this appointment to the other party, the other party shall appoint its arbitrator within 30 days after the receipt of the notice. If the other party refuses or neglects to appoint its arbitrator within the 30-day period, the arbitrator appointed by the party seeking arbitration may review the entire matter in controversy as if that individual were an arbitrator appointed by both parties for that purpose. If only one arbitrator is appointed under subsection (a) of this section, the decision of that arbitrator: Shall be made within 90 days after the Administration or the Board of Estimates, as the case may be, refuses or neglects to appoint its arbitrator; Shall be reported in writing to both parties; and Is final and binding on both parties. If three arbitrators are appointed under subsection (a) of this section, the decision of the majority of them: Shall be made within 90 days after the first two arbitrators are appointed or within any additional period not exceeding 30 days as may be agreed to by the Administration and the Board of Estimates in writing; Shall be reported in writing to both parties; and Is final and binding on both parties. The arbitration board or, if only one arbitrator is appointed, the arbitrator may, among other things: Require that each party to the controversy submit a written statement of its contention to the board and send a copy of the statement to the other party; Make investigations, inspections, and examinations; Take, receive, and keep a permanent record of testimony and other evidence; Hold hearings after notice to the parties in interest; and Adopt rules and regulations for the conduct of the arbitration proceedings. Each party shall pay 50 percent of the arbitration expenses.

Notwithstanding any other provision of this title, any agreement between the Administration and the Mayor and City Council of Baltimore in connection with the transfer of the McComas Street Terminal, the National Gypsum Company Pier, or the Broadway Pier (Recreation Pier) shall state: The duties and functions of Baltimore City or any of its agencies that are imposed by any law on the harbor or Helen Delich Bentley Port of Baltimore or their operation and that the Administration must perform; and The time when the Administration must perform these duties and functions. As long as neither the Administration nor Baltimore City or any of its agencies takes an arbitrary or unreasonable position as to the matters described in subsection (a) of this section, there is no obligation for any of them to submit the matters to arbitration under § 6-402 of this subtitle.

On the transfer of the McComas Street Terminal or the National Gypsum Company Pier to the Administration, the Administration is vested with the control, operation, and maintenance of the transferred facility and all its rentals, charges, and revenues, subject only to any existing lease or contract relating to the facility. The transfer to the Administration of the McComas Street Terminal or the National Gypsum Company Pier does not affect in any way: The terms, conditions, and covenants of the contracts between the Mayor and City Council of Baltimore and the Western Maryland Railway Company or between the Mayor and City Council of Baltimore and the National Gypsum Company, respectively; or The rights, privileges, and duties of the Western Maryland Railway Company or the National Gypsum Company, respectively, as granted or imposed by these contracts. Effective on the day of the transfer of the McComas Street Terminal or the National Gypsum Company Pier, the Western Maryland Railway Company or the National Gypsum Company, as the case may be, shall pay to the Administration the rent reserved under the contracts relating to the transferred facility, in the same manner as required by the contracts. This rent is considered as income to the Administration.

Except for property needed or used in the operation of the fire or police departments of Baltimore City, the Administration may purchase and Baltimore City may sell to the Administration any interest that Baltimore City has in any property used in the operation of the Helen Delich Bentley Port of Baltimore. Any sale under this section shall be on the terms and conditions and at the price agreed to by the Administration and the Board of Estimates of Baltimore City.

The purpose of §§ 6-406 through 6-410 of this subtitle is: To avoid duplication of effort by the Administration and Baltimore City, to the extent that they have coextensive authority in matters relating to harbors, docks, wharves, and port development; and To assure the uninterrupted continuation of needed services. The duty to exercise all authority in this field continues in Baltimore City to the extent that the authority has not been transferred to the Administration by agreement made under § 6-407 of this subtitle. If, by agreement made under § 6-407 of this subtitle, Baltimore City transfers to the Administration any duty, only the Administration may perform that duty. Any ordinance or regulation that was adopted before June 1, 1959, by the Mayor and City Council of Baltimore and that relates to any authority transferred to the Administration by agreement made under § 6-407 of this subtitle: Continues to be in effect, except as otherwise provided in this subsection; Has the status of a regulation adopted by the Administration; and Like other regulations of the Administration, may be readopted, amended, or repealed by the Administration. Only the Administration may readopt, amend, or repeal these ordinances or regulations.

The Administration and the Board of Estimates of Baltimore City shall provide by agreement for the apportionment between the Administration and Baltimore City of the duties imposed on and performed by Baltimore City under: Article 2 (10) of the Charter of Baltimore City (1964 Revision); Article 2 (28) of the Charter of Baltimore City (1964 Revision); and Sections 321 through 326 and § 641 of the Code of Public Local Laws of Baltimore City (1949 Edition).

An agreement made under § 6-407 of this subtitle may provide for the transfer by Baltimore City to the Administration of any officers, including the harbor engineer of Baltimore City, and any employees of Baltimore City as are necessary or convenient for the Administration to perform the duties that it undertakes by the agreement. Each transferred officer and employee covered by and subject to the provisions of the City Service Commission of Baltimore City as a classified employee is entitled, without further examination or restriction, to all the rights and privileges and is subject to all the provisions of the State Personnel and Pensions Article. The transfer of an officer or employee may not result in any decrease of the salary or status of the officer or employee. To the extent reasonably possible, each transfer shall be to a position of comparable rank and responsibility. Notwithstanding any other law to the contrary, each transferred officer and employee is eligible for membership in the State Employees’ Retirement System, and all rights of the officer or employee under the employees’ retirement system of Baltimore City may be transferred to the State Employees’ Retirement System as provided by law. If the Administration and Baltimore City cannot agree by negotiation on the number or type of officers or employees to be transferred under this section, they shall submit the matter to arbitration as provided in § 6-402 of this subtitle.

Except as expressly provided in this title, this title does not repeal, modify, or otherwise affect in any manner: Any certificates of indebtedness issued by the Mayor and City Council of Baltimore before June 1, 1956, under: Chapter 560 of the Laws of Maryland of 1920, as amended by Chapter 242 of the Laws of Maryland of 1929; Chapter 201 of the Laws of Maryland of 1951; Baltimore City Ordinance No. 539, approved October 2, 1928; Baltimore City Ordinance No. 1097, approved July 16, 1930; Baltimore City Ordinance No. 1613, approved April 4, 1951; or Any other law; Anything done or any contract, lease, agreement, or other legal instrument made before June 1, 1956, by the Mayor and City Council of Baltimore, the Commissioners of Finance of Baltimore City, the Board of Estimates of Baltimore City, the Port Development Commission of Baltimore City, or the Port of Baltimore Commission under or in connection with any of the laws listed in item (1) of this subsection or any other law; or Any of the powers or duties of the Mayor and City Council of Baltimore, the Commissioners of Finance of Baltimore City, the Board of Estimates of Baltimore City, or the Port of Baltimore Commission under or in connection with any of the laws listed in item (1) of this subsection or any other law. After the Mayor and City Council of Baltimore has issued and sold enough of its certificates of indebtedness under the laws listed in subsection (a) (1) of this section or any other law to comply fully with all of its obligations, duties, and responsibilities under the contract, dated April 27, 1955, between the Mayor and City Council of Baltimore and the Western Maryland Railway Company (ratified by Ordinance No. 1483, approved May 19, 1955), the authority of the Mayor and City Council of Baltimore to issue or sell any more certificates of indebtedness under the laws listed in subsection (a) (1) of this section terminates.

Except as expressly provided in an agreement made under § 6-407 of this subtitle, §§ 6-406 through 6-410 of this subtitle may not interfere with or impede the exercise by the Mayor and City Council of Baltimore of any of its rights, privileges, or powers under those provisions of the Charter or Public Local Laws of Baltimore City referred to in § 6-407 of this subtitle.

The Administration shall make annual payments in lieu of taxes to the Mayor and City Council of Baltimore for the properties known as “McComas-A2”, “DMT-Bendix”, “Seagirt-Parcel B”, and “Toyota-Md. Ship”. The payments required under this section shall be: For fiscal year 1998, $410,000 in aggregate amount; For fiscal year 1999, $418,200 in aggregate amount; and For fiscal year 2000 and each subsequent fiscal year, the product of multiplying the applicable Baltimore City real property tax rate times the assessment of the land as determined under Title 8 of the Tax - Property Article, not including the assessment of any improvements, for each of the properties. Payments under this section shall be subject to such terms and conditions, if any, as may be provided by agreement between the Administration and Baltimore City.