City of College Park, MD Article III Commercial District Management Authority

[Adopted 1-26-1988 by Ord. No. 87-O-8]

§ 11-8 Establishment.

A. Pursuant to Article 23A, § 2(b)(35), of the Annotated Code of Maryland, there is hereby established the Downtown College Park Commercial District and Commercial District Management Authority as an independent entity.

B. The Authority shall incorporate under the laws of Maryland, shall obtain liability insurance and shall file a copy of its Charter and bylaws with the City of College Park.

§ 11-9 Purposes.

The purposes of the Authority shall be to promote and market the district and to provide security, maintenance and amenities within the district.

§ 11-10 Definitions.

For the purposes of this article, the following terms shall have the meanings indicated:

AT LARGE

Elected by all voting members of the Authority.

AUTHORITY

The Downtown College Park Commercial District Management Authority.

BUSINESS

Any person, firm, corporation or organization operating or conducting what is commonly known as a "trade" or "business" by serving the public, without limitations, as a retail and wholesale or professional enterprise.

DISTRICT

The geographical area described by the district boundaries, in which the Authority shall operate and perform its responsibilities.

ENABLING ACT

Article 23A, § 2(b)(35), of the Annotated Code of Maryland, 1990 Replacement Volume, as amended.

EXEMPT BUSINESS

A business within the district which is not subject to the assessment of fees by the Authority. "Exempt businesses" shall include:

A. Federal, state, county or local governments or their agencies.

B. Property used for residential purposes, including property zoned for fraternities and sororities.

C. Professional businesses that have opted not to become members of the Authority.

FEES

The license fees of the members of the Authority used to finance the programs and accomplish the purposes of the Authority.

PROFESSIONAL

Any establishment that:

A. Sells goods, other than retail goods, or services directly to ultimate consumers; and/or

B. Uses space that does not have direct access to:

C. The street ground floor of a building; or

D. A parking lot of a shopping center.

RETAIL

A business establishment that:

A. Sells goods or services directly to ultimate consumers; and/or

B. Uses space that has direct access to:

C. The street ground floor of a building; or

D. A parking lot of a shopping center.

§ 11-11 District boundaries.

A. The Downtown College Park Commercial Management District is described as follows. (See map, Exhibit A.[1])

[1] Editor's Note: Exhibit A is on file in the office of the City Clerk.

B. The district shall include:

	Block 29 of Johnson and Curriden's subdivision
	Block 2 of Hannah L. Kelley's subdivision
	Block 1 of Hannah L. Kelley's subdivision
	Block 27 of Johnson and Curriden's subdivision
	Lots 1, 2, 3 and 4 of Block 24 of Johnson and Curriden's subdivision
	Block 23 of Johnson and Curriden's subdivision
	Parcel 57 located on Calvert Avenue, premises address 4505 Calvert Road
	Lots 4, 5 and 6 of Block 1A of College Park Homes subdivision on the east side of Baltimore Avenue between Guilford Road and Fordham Lane
	Parcel 109 of West Side Electric Railroad, premises address 7131 Baltimore Avenue
	Parcels A1, A2, A3 and A4 of Block 6
	Outlot A of Block 6
	Lot 11 of Block 6
	Parcel A of Lord Calvert Manor, premises address 7110 Baltimore Avenue
	Parcel B of Lord Calvert Manor
	Parcel D of Lord Calvert Manor
	Parcel C of College Park Towers, premises address 4321 Hartwick Road
	Parcel C-1 of Seidenspinner Center, premises address 4401 Hartwick Road
	Parcel A of College Park Shopping Center
	Parcel B of College Park Shopping Center
	Parcel B-4 of College Park Shopping Center
	Parcel A of College Park - Byrd's addition
	Parcels 68, 69, 71, 81, 82, 83, 84, 85, 86, 87 and 88 of the west side of Baltimore Avenue between Lehigh and Knox Roads

§ 11-12 Limitations on powers of Authority.

The Authority shall not:

A. Be able to exercise the power of eminent domain.

B. Purchase, sell, construct or, as a landlord, lease office or retail space.

C. Except as otherwise authorized by law, engage in competition with the private sector.

D. Enter into any contract, agreement, undertaking or obligation which could result in any percuniary liability to the City or a charge against the general credit and taxing powers of the City.

§ 11-13 Authority membership; voting.

A. Every retail business in the district is a member of the Authority and may participate in the activities of the Authority.

B. Every professional business in the district shall have the option of becoming a member of the Authority or being exempt from membership.

C. Any business outside of the district but within the corporate limits of the City of College Park may request membership by submitting a petition to the Board of Directors. Said petition shall state the reasons for seeking membership, its business category and the square footage of its business. Petitions shall be approved by a majority vote of the Board of Directors.

D. Every business may vote on matters before the Authority, except:

(1) Exempt businesses.

(2) Businesses that have not paid all fees that are due.

(3) Any other business that is not in good standing under the bylaws.

§ 11-14 Bylaws.

A. The first meeting of the members of the Authority must be announced 14 days in advance. At that meeting, a majority of the voting members present shall adopt bylaws consistent with the requirements of the enabling act and this article.

B. An amendment to the bylaws cannot be adopted at the same meeting at which the amendment is introduced. The bylaws may be amended by a two-thirds vote of the members present.

§ 11-15 Board of Directors; officers.

A. The Authority shall be directed and administered by a Board of Directors made up of 11 members of the district elected at large by the voting members of the Authority in accordance with the bylaws.

B. The Board shall also include one nonvoting member appointed by the Mayor.

C. The Board shall elect four officers: President, Vice President, Treasurer and Secretary.

D. The Board of Directors shall serve without compensation and shall be elected to terms as defined in the bylaws.

§ 11-16 Budget.

A. The Board shall submit a proposed annual budget to the members of the Authority. The Board shall adopt a budget at the first meeting of the Authority that is at least 30 days after the proposed budget is submitted to the members. All expenditures shall be in accordance with the budget.

B. The Board may amend the budget without 30 days' notice if the amendment involves less than an amount of money specified in the bylaws.

C. The Authority shall submit to the City a copy of its approved annual budget and a statement of all funds expended in its budget year. These shall be submitted within one month of budget approval and the budget year's end, respectively.

§ 11-17 License fees.

A. Every business in the district must obtain an annual license issued by the Authority. The Board shall establish a fee that must be paid before a license will be issued.

B. The license fee shall be calculated by multiplying the number of square feet used in the business by the rate per square foot established for the category of business.

C. The license fee shall be based on the nature of the business and the number of square feet used in the business. Exempt businesses do not pay any fees.

D. Calculation of fees.

(1) The fees shall be as set forth in Chapter 110, Fees and Penalties.

[Amended 12-10-1991 by Ord. No. 91-O-24]

(2) If a business can be included in more than one license fee category, it shall be charged only on the highest license fee for those categories.

E. At the request of the Board, the City of College Park shall collect and enforce license fees on behalf of the Authority as its agent. The City may sue to collect fees, as necessary, at the request of the Authority. The City may charge the Authority for the expenses incurred in collecting fees, up to 2% of the amount collected.

F. The Board shall appoint an appeals panel as provided in the bylaws. The appeals panel shall hear all objections to the license fee set by the Board for each business. The only issues before the appeals panel are whether:

(1) The nature of the business has been accurately determined;

(2) The number of square feet of space used by the business is correct; and

(3) The fee has been correctly calculated based on the rate and the square footage.

G. The license fee shall be due and payable in full each year on the date established by the Board in conjunction with the City. Any member failing to pay the license fee within 30 days after it is due and payable shall be subject to an interest charge and a civil penalty as set forth in Chapter 110, Fees and Penalties.

[Amended 12-10-1991 by Ord. No. 91-O-24]

§ 11-18 Meetings.

A. The Board shall meet at least once a month. The Authority shall meet at least twice a year. The budget shall be approved at a meeting of the Authority, as shall the selection of Board members.

B. All meetings shall be open to the public, except for executive sessions as provided for in the bylaws.

§ 11-19 Termination.

[Amended 2-12-1991 by Ord. No. 91-O-1]

Unless extended by a majority vote of the Council at the written request of the Authority, the Downtown College Park Commercial District and Management Authority shall terminate three years from February 12, 1991.