Amending Municipal Charter to Grant Urban Renewal Power
Article III, § 61 of the Maryland Constitution authorizes the General Assembly to permit counties and municipal corporations to engage in urban renewal projects for slum clearance. This section expressly prevails over the home rule restrictions in Article XI-A and Article XI-E of the Maryland Constitution; that is, urban renewal is not within the home rule powers of counties and municipal corporations. See 80 Opinions of the Attorney General 232 (1995).
When a bill request seeks to grant this authority to a county, the bill should be drafted to the public local laws of the county. (See p. 71, “Public Local Laws” and p. 102, “Local Codes.”) When a bill request concerns a municipal corporation, the following title format should be used:
Example
AN ACT concerning
Town of Hurlock (Dorchester County) – Urban Renewal Authority for Slum Clearance
FOR the purpose of authorizing the Town of Hurlock, Dorchester County, to undertake and carry out certain urban renewal projects for slum clearance and redevelopment; prohibiting certain land or property from being taken for certain purposes without just compensation first being paid to the party entitled to the compensation; declaring that certain land or property taken in connection with certain urban renewal powers is needed for public uses or
purposes; authorizing the legislative body of the Town of Hurlock by ordinance to elect to have certain urban renewal powers exercised by a certain public body; imposing certain requirements for the initiation and approval of an urban renewal area; providing for the disposal of property in an urban renewal area; authorizing the municipal corporation to issue certain bonds under certain circumstances; clarifying that a certain appendix may be amended or repealed only by the General Assembly of Maryland;
defining certain terms; and generally relating to urban renewal authority for slum clearance for the Town of Hurlock in Dorchester County.
BY adding to
Chapter 77 – Charter of the Town of Hurlock
Section A1–101 through A1–114 to be under the new heading
“Appendix I – Urban Renewal Authority for Slum Clearance”
Public Local Laws of Maryland – Compilation of Municipal Charters (1990 Replacement Edition and 2005 Supplement)
Note that in the example shown above (based on Chapter 279 of the Acts of 2007 (H.B. 1364)), the enactment adds powers of urban renewal by way of an appendix to the municipal charter, rather than by adding new sections to the body of the charter.
To date, approximately 50 percent of the 156 municipal corporations in the State have been granted urban renewal powers. The most recent grant of authority was to the Town of Hurlock (Dorchester County) by Chapter 279 of the Acts of 2007 (H.B. 1364).
Amending Municipal Charter to Fix Tax Rates for Municipal Corporations
The form for this type of bill is required under Article XI-E, § 5 of the Maryland Constitution that, as an exception to the general prohibition in that article against municipal enactments by the General Assembly, permits the General Assembly to modify by local law the maximum tax rate for a municipal corporation.
Note that this power of the General Assembly is permissive and, by ruling of the Court of Appeals, it is a concurrent power; that is, a municipal corporation also may amend its charter to change the maximum tax rate.
Example
AN ACT concerning
(City)(Town) of __________ (__________ County) − Modification of Tax Limits FOR the purpose of modifying the tax limit of the (City)(Town) of __________,
subject to the provisions of Section 5 of Article XI–E of the Maryland Constitution; and submitting this Act to the required referendum of the voters.
BY repealing and reenacting, with amendments,
Chapter _____ – Charter of the (City)(Town) of __________
Section _____ (or Article _____, Section _____)
Public Local Laws of Maryland – Compilation of Municipal Charters ((year) Replacement Edition and (year) Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Public Local Laws of Maryland − Compilation of Municipal Charters read as follows:
(text)
SECTION 2. AND BE IT FURTHER ENACTED, That the effectiveness of this Act is subject to the requirements of Article XI–E, § 5 of the Maryland Constitution, that no such local law shall become effective in regard to a municipal corporation until and unless it has been approved at a regular or special municipal election by a majority of the voters of the municipal corporation voting on the question.
SECTION 3. AND BE IT FURTHER ENACTED, That, subject to the provisions of Section 2 of this Act and for the sole purpose of providing for the referendum required by Section 2 of this Act, this Act shall take effect _____, (year).
Amending Municipal Charter to Regulate Maximum Debt Created by Municipal Corporations
The form for this type of bill is required under Article XI-E, § 5 of the Maryland Constitution that, as an exception to the general prohibition in that article against municipal enactments by the General Assembly, permits the General Assembly to regulate by local law the maximum amount of bonded indebtedness created by municipal corporations. Note that this power of the General Assembly is permissive and, by ruling of the Court of Appeals, it is a concurrent power; that is, a municipal corporation also may amend its charter to change the maximum debt limitations.
Example
AN ACT concerning
(City)(Town) of __________ (__________ County) − Maximum Amount of Bonded Indebtedness
FOR the purpose of regulating the maximum amount of debt which may be incurred by the (City)(Town) of __________ pursuant to the provisions of Section 5 of Article XI–E of the Maryland Constitution; and submitting this Act to the required referendum of the voters.
BY repealing and reenacting, with amendments,
Chapter _____ – Charter of the (City)(Town) of __________
Section _____ (or Article _____, Section _____)
Public Local Laws of Maryland – Compilation of Municipal Charters ((year) Replacement Edition and (year) Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Public Local Laws of Maryland – Compilation of Municipal Charters read as follows:
(text)
SECTION 2. AND BE IT FURTHER ENACTED, That the effectiveness of this Act is subject to the requirements of Article XI–E, § 5 of the Maryland Constitution, that no such local law shall become effective in regard to a municipal corporation until and unless it has been approved at a regular or special municipal election by a majority of the voters of the municipal corporation voting on the question.
SECTION 3. AND BE IT FURTHER ENACTED, That, subject to the provisions of Section 2 of this Act and for the sole purpose of providing for the referendum required by Section 2 of this Act, this Act shall take effect _____, (year).
Baltimore City Charter Amendment
The Charter of Baltimore City may be amended by the General Assembly under certain circumstances. (See discussion at p. 3, “City of Baltimore.”)
Example
AN ACT concerning
Baltimore City Charter Amendment – Powers, Parking of Vehicles, and Revenue Bonds
FOR the purpose of adding a new section to Article II of the Charter of Baltimore City, to authorize the Mayor and City Council of Baltimore by ordinance to pledge revenue derived from the parking of motor vehicles for the payment of revenue bonds issued in accordance with Section (50) of Article II of the Charter of Baltimore City; establishing a fund by the Commissioners of Finance; and generally relating to revenues from motor vehicle parking and to revenue bonds.
BY adding to
The Charter of Baltimore City Article II – General Powers Section (48)
(2007 Replacement Volume, as amended)
Many bills relating to the authority of Baltimore City are drafted to Article II of the Baltimore City Charter, since this is where most of the “express powers” of Baltimore City are located. (See example shown above.) Note that when drafting to Article II, the lead-in language of that article must be included in the body of the bill. For an example of the appropriate lead-in language to use, see Chapters 39 and 40 of the Acts of 2009 (S.B. 180 and H.B. 92, respectively) and Chapter 510 of The Acts of 2013 (S.B. 631).