§ 32-5-102. CREATION.

(a)

Power of Council to create. A commercial district management authority shall be established:

(1)

By legislative act of the County Council; and

(2)

In accordance with the provisions of Article 25A, § 5(ff) of the Annotated Code of Maryland.

(b)

Specific scope of the authority. For each authority established, the County Council shall specify:

(1)

The membership of the authority;

(2)

The organization of the authority, including a delineation of officers and their powers, replacement of the officers, and the duties of each officer;

(3)

The jurisdiction of the authority including:

(i)

The authorized powers and obligations of the authority; and

(ii)

The specific functions to be undertaken by the authority;

(4)

The geographic confines of the commercial management district, provided:

(i)

The district is bounded by one continuous boundary line surrounding the district; and

(ii)

All parts of the district are contiguous to some other part of the district; and

(5)

That the county may not be held liable in damages for the acts or omissions of the authority.

(c)

Purpose of the authority. Each authority shall specify one or more of the following as the purpose of the authority:

(1)

Promotion;

(2)

Marketing;

(3)

Provision of security;

(4)

General maintenance; or

(5)

Amenities within the district.

(d)

Membership.

(1)

The membership of the authority shall be defined by County Council resolution, duly passed and approved by the County Executive.

(2)

Two-thirds of the membership in the district shall sign an agreement declaring their interest and demonstrating their intent to become a member of the proposed authority as described in that agreement.

(3)

The agreement provided under paragraph (2) of this subsection shall describe, at a minimum:

(i)

The geographic confines of the district;

(ii)

The license fees and license fee structure;

(iii)

The delineation of membership;

(iv)

A proposed budget; and

(v)

Organization and jurisdiction of the authority.

(e)

County approval. Before creation of the authority is authorized, the County Council shall approve:

(1)

The method of computation of any license fee charged;

(2)

Who will be exempt from the license fee; and

(3)

The amount of the license fee.

(f)

Dissolution of the authority.

(1)

The County Council may authorize, at any time, the dissolution of the authority by a vote of a majority plus one.

(2)

If the County Council votes to dissolve the authority, all money remaining in the authority's accounts shall be paid over to the county.

(1988 Code, §§ 26-401, 26-402) (Bill No. 17, 1992, § 1, 3-3-1992; Bill No. 112-02, § 2, 7-1-2004)