§ (63). Community Benefits District Authorities.
(a) In general.
(1) To establish, by ordinance, community benefits district management authorities, including the Charles Village Community Benefits District and the Midtown Community Benefits District, within the City to provide services consistent with paragraph (2) of this subsection to the business interests and residents of the proposed district.
(2) To establish community benefits district management authorities to promote and market districts, provide supplemental security and maintenance services, provide amenities in public areas, provide park and recreational programs and functions, and after an authority is established, other services and functions as requested by the authority and approved through an ordinance by the Mayor and City Council.
(3) To provide that community benefits district management authorities shall be proposed by the Board of Estimates of Baltimore City and approved through an ordinance by the Mayor and City Council.
(b) Charles Village Community Benefits District.
(1) The ordinance establishing the Charles Village Community Benefits District Management Authority shall specify and modify the boundaries of the district, but in no event shall the district be outside of the lines, as follows:
(i) on the south, a line beginning at the intersection of the center lines of 20th Street and Howard Street, running east along the center line of 20th Street to the center line of Guilford Avenue; then
(ii) running north along the center line of Guilford Avenue to the center line of 25th Street; then
(iii) running east along the center line of 25th Street to the center line of Loch Raven Boulevard; then running northeast along the centerline of Loch Raven Boulevard to the center line of the tracks of the CSX Railroad (approximately 500 feet north of 25th Street); then
(iv) running west along the center line of the CSX railroad tracks to the center line of Greenmount Avenue; then
(v) running north along the center line of Greenmount Avenue to the center line of Old York Road; then
(vi) running north along the center line of Old York Road to the center line of 43rd Street; then
(vii) running west along the center line of 43rd Street to the center line of Greenmount Avenue; then
(viii) running south along the center line of Greenmount Avenue to the center line of 33rd Street; then
(ix) running west along the center line of 33rd Street to the center line of Charles Street; then
(x) running south along the center line of Charles Street to the center line of 29th Street; then
(xi) running west along the center line of 29th Street to the center line of Howard Street; then running south along the center line of Howard Street to the center line of 26th Street; then
(xii) running west along the center line of 26th Street to the center line of Huntingdon Avenue; then running south along the center line of Huntingdon Avenue to the center line of 25th Street; then
(xiii) running east along the center line of 25th Street to the center line of Howard Street; then
(xiv) running south along the center line of Howard Street to the center line of 24th Street; then
(xv) running west along the center line of 24th Street to the center line of Huntingdon Avenue; then
(xvi) running south along the center line of Huntingdon Avenue to the center line of 23rd Street; then running west along the center line of 23rd Street to the center line of Huntingdon Avenue; then
(xvii) running south along the center line of Huntingdon Avenue to the center line of 21st Street; then
(xviii) running east along the center line of 21st Street to the center line of Howard Street; then
(xix) running south along the center line of Howard Street to the center line of 20th Street (point of origin).
(2) Notwithstanding paragraph (1) of this subsection, the Charles Village Community Benefits District may include properties binding on either side of a street or the CSX railroad tracks where they comprise part of the boundaries under this subsection.
(c) Scope of establishing ordinance.
An ordinance establishing a community benefits district management authority shall address the following:
(1) specify the powers and functions within the limits of this section, which may be exercised and conducted by the Authority and the amount of taxes or charges which may be imposed on properties in the district.
(2) specify the duration of the Authority and define the boundaries of the district.
(3) provide for the imposition and collection of the taxes or charges and for disbursement of the revenue therefrom to the Authority. The financial plan of the Authority, including its annual budget and its tax rate and schedule of charges, shall be subject to approval by the Board of Estimates. Taxes and charges imposed under this paragraph may not exceed those proposed by the Authority.
(4) determine the organization and method of initial appointment of officers and board members of the Authority. The majority of the members of the board shall be owners or representatives of owners of properties in the district that are subject to taxes or charges under this section. A voting member of the board must be eligible to vote in the election under subsection (j) {subsection (k)} of this section.
(5) determine what classes of property in the district owned by public service companies as defined in Article 78 of the Annotated Code of Maryland{now, Public Utility Companies Article} shall be subject to or exempt from taxes or charges under this section.
(d) Powers of Authority.
As provided by ordinance, the Authority may have the power:
(1) to be a special tax district and to conduct the functions which are assigned to it by the City;
(2) to acquire, hold and use property necessary to achieve its purposes;
(3) to make contracts;
(4) to sue and be sued;
(5) to borrow and accept grants for purposes consistent with the purposes of the Authority;
(6) to employ and discharge personnel to carry out its public purposes;
(7) to propose in its annual budget the taxes or charges on properties within the district. Property that is exempt under State law from ordinary property taxes shall be exempt from taxes or charges assessed to support the Authority. Before adopting its proposed budget and making its recommendations to the City, an Authority shall hold a public hearing on taxes or charges proposed for the district. The Authority shall publish notice of the hearing in a newspaper of general circulation in Baltimore City at least once a week for 3 consecutive weeks before the hearing;
(8) to adopt, amend and modify bylaws, all of which shall be subject to the approval of the Board of Estimates;
(9) to establish and elect officers and provide for their terms and duties;
(10) to contract for and purchase goods and services, without being subject to the City requirements regarding wage scales, competitive bidding or other local procurement laws. However, the Authority shall be subject to City ordinances and City policy requiring achievement of goals regarding minority and women's business enterprises; and
(11) to do all things necessary or convenient to carry out its powers.
(e) Limitations.
An Authority created under this section may not:
(1) exercise any police or general powers other than those authorized by State law and City ordinance;
(2) pledge the full faith or credit of the City;
(3) impose taxes or charges in excess of those approved by the Board of Estimates;
(4) exercise the power of eminent domain;
(5) extend its life without the approval of the City Council;
(6) except as otherwise provided by law, engage in competition with the private sector;
(7) except as otherwise provided in subsection (i) {subsection (j)} of this section, revert charges or taxes collected pursuant to this section to the General Fund of the City;
(8) be an agency of the Mayor and City Council of Baltimore or the State of Maryland{,} and its officers and employees may not act as agents or employees of the Mayor and City Council of Baltimore or the State of Maryland;
(9) employ individuals who reside outside the City of Baltimore; and
(10) except as required or appropriate to facilitate its normal operations, incur debt.
(f) Considerations.
In adopting an ordinance, the City Council shall:
(1) give consideration to the views of the property owners, the retail merchants, the property tenants, and the other members of the business and residential communities within the district;
(2) make a determination that a district created under this section will reflect a diverse mix of business and residential properties; and
(3) make a determination that a district created under this section will reflect a diverse economic, social, and racial mix.
(g) Periodic review — General.
The Mayor and City Council shall review the effectiveness and desirability of continuing the existence of any district established under this section every 4 years from the enactment of the ordinance.
(h) Periodic review — Specific.
(1) The Mayor and City Council shall review and determine the desirability of continuing the existence of each community benefits district established under this section every 4 years:
(i) beginning with the first meeting of the Mayor and City Council in December 2001 for the Charles Village Community Benefits District, Management Authority;
(ii) beginning with the first meeting of the Mayor and City Council in December, 2003 for the Midtown Community Benefits District; and
(iii) beginning 4 years after the date of the establishment of any other community benefits district created under this section.
(2) If the continuing existence of a community benefits district is not approved:
(i) the district shall cease to exist at the end of the City's fiscal year in which approval was not granted; and
(ii) the District Management Authority shall continue its existence only as long as necessary to terminate operations in a reasonable manner and to arrange for the disposition of all funds not needed to satisfy outstanding obligations and reserves for uncertain obligations and liabilities.
(i) City not to reduce services.
The Mayor and City Council of Baltimore may not permit a reduction in the services provided by the City in a district due to the establishment of a community benefits district management authority.
(j) Dissolution.
In the event of a dissolution of a community benefits district, any unspent funds shall revert back to the City's General Fund.
(k) Approval by affected voters.
(1) An ordinance adopted pursuant to this section shall take effect only if approved by 58% of the aggregate votes cast in a special election by the affected voters.
(2) The ordinance shall provide criteria for the eligibility of voters for purposes of the election required by this subsection.
(3) The ordinance shall provide procedures for a special election as required in this subsection, which may be administered by write-in ballots.