Maryland Governor - Executive and Administrative Departments Section 13-105

      The Authority shall have perpetual existence and may:

            (1)      Adopt a seal and alter the same at its pleasure;

            (2)      Acquire, hold and dispose of real and personal property for its corporate purposes;

            (3)      (i)      Develop, establish, construct, erect, acquire, own, repair, remodel, add to, extend, improve, equip, operate, and maintain developments and projects in the State and pay the cost of developments and projects, including parking and other ancillary facilities appurtenant thereto, including improvements of portions of any waterways thereat from the proceeds of bonds of the Authority or funds otherwise available or to become available under the provisions of this subtitle, or from such proceeds and any grant from the United States of America or the State or any agency or instrumentality of either. The Authority shall not be subject to the provisions of Article 78A of the Annotated Code of Maryland (1957 Edition) as amended, the provisions of Title 2, Subtitles 4 and 5, Title 4, Subtitles 7 and 8, §§ 8-127, 8-128, and 8-129, Part V of Title 8, Subtitle 1, and Title 10 and Division II of the State Finance and Procurement Article, and shall have the right to construct developments and projects without obtaining the consent of any department, division, commission, board, bureau or agency of the State and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, or things which are specifically required by this subtitle; except that: 1. the Authority shall, where required by this subtitle, obtain the approval of the political subdivision where a development is located, obtain all applicable licenses and permits, and follow the required procedures; 2. a development or project shall be subject to all applicable laws and regulations of the Secretary of Health and Mental Hygiene and shall be subject to all zoning and subdivision regulations of the political subdivision in which the development or project is located; 3. construction of a development may not begin unless a comprehensive study establishes that the construction and operation of the development would be both economically and environmentally sound; 4. except for the Maryland Food Center, construction of a development undertaken by the Authority may not begin unless: a. an analysis of the economic benefits of the proposed development is submitted, subject to § 2-1246 of the State Government Article, to the Legislative Policy Committee and the Department of Legislative Services; and b. the Legislative Policy Committee has an opportunity to comment within 45 days of receipt of the proposal; 5. all plans and any issue of bonds for the financing of a development or project of the Authority shall first be submitted to and be approved prior to the sale thereof by resolution of the Board of Public Works; and 6. all other plans, contracts, and leases, acquiring, transferring, or conveying real property shall have the approval of the Board of Public Works;

                  (ii)      In carrying out its duties and responsibilities, the Authority shall comply with Title 14, Subtitle 3 of the State Finance and Procurement Article and the minimum minority business participation requirements enumerated therein. In addition, the Authority shall take affirmative steps to include minority businesses in its markets to at least the same extent as required by Title 14, Subtitle 3 of the State Finance and Procurement Article;

            (4)      Make contracts and leases and execute all instruments necessary or convenient, including contracts or leases with respect to the construction, operation, maintenance, management, and use of the facilities of developments and projects, concessions, stalls, auction house, docking facilities, or other facilities, on such terms and for such of its corporate purposes as the Authority deems advisable; all contracts for the construction of the facilities of a development or project shall be made only after the solicitation of sealed bids except where the facilities are to be constructed on land which has been either leased or sold by the Authority to a private entity or entities;

            (5)      Acquire in its own name, by purchase, on such terms and conditions and in such manner as it deems proper, or by condemnation and in accordance with and subject to the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or thereover or franchises or licenses convenient for its corporate purposes; and use the property so long as its corporate existence continues; and lease or make contracts with respect to the use of the property or dispose thereof in any manner it deems to the best advantage of a development or project; but the Authority is under no obligation to accept and pay for any property, rights, or easements acquired under this subtitle except from the funds provided under the authority of this subtitle. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned; and if the Authority deems it expedient to establish or construct a development or project on any lands, streets, alleys, or public places, the title to which shall then be in any political subdivision in the State, the subdivision, through its proper officials, may either lease to the Authority under such terms as may be mutually acceptable or may convey title to such lands, streets, alleys, or public places to the Authority upon payment to the political subdivision of the reasonable value of the lands, the value to be determined by the Authority and by the proper officials of the political subdivision involved; the payment to be in cash or in bonds of the Authority at par; provided that the political subdivision upon the approval of the board of estimates, in the case of the City of Baltimore, or of the county commissioners or other officials proper under the circumstances, may lease or convey without consideration to the Authority any real or personal property owned by it and suitable for use by the Authority for the purposes set out in this subtitle; and provided further that all public utility facilities, whether publicly or privately owned or operated, occupying such lands, streets, alleys, or public places, first have been removed or relocated at the Authority's expense; and provided further that the powers herein contained and conferred in this paragraph shall not be exercised nor applicable to the acquisition of any site for the establishment or construction of a development, nor shall a development be established or constructed unless the site therefor shall have been first approved, in the case of the City of Baltimore, by the board of estimates, or in the case of any other political subdivision, the county commissioners or county executive as the case may be;

            (6)      Sell or lease, or otherwise transfer or convey in any manner deemed appropriate by the Authority, any land or property now or hereafter owned by it to carry out the purposes of this subtitle;

            (7)      Use the proceeds of bonds of the Authority, or funds otherwise available or to become available under the provisions of this subtitle, or such proceeds and any other grant from the United States of America or the State, or any agency or instrumentality of either, for the purposes contemplated by the provisions of this subtitle; or finance any private, public, or quasi-public corporation, partnership, association, person, or other legal entity in carrying out such purposes, either on land or property that is owned or otherwise held or controlled by the Authority or State, or on, under, or in any land or property owned or otherwise held or controlled by any private, public or quasi-public corporation, partnership, association, person, or other legal entity and charge to and equitably apportion between such private, public or quasi-public corporation, partnership, association, person, or other legal entity all or a portion of the Authority's administrative costs and expenses incurred in its exercise of the powers and duties conferred by this subtitle. However, if the Authority finances any private, public or quasi-public corporation, partnership, association, person or other legal entity to carry out the purposes of this subtitle as hereinabove provided, no part of the proceeds shall be expended for actually constructing, erecting, altering, expanding, improving, or equipping any building, structure, or facility for the purposes contemplated by this subtitle (as distinguished from funds which are necessary to be expended in connection with the acquisition of land or property or the preparation of plans or the employment of assistants, aides, or employees of the Authority, or other matters or things which are usually and generally preliminary to the commencement of actual construction work) until the Authority, with the approval of the Board of Public Works of the State, has entered into a binding contract with the private, public, or quasi-public corporation, partnership, association, person or other legal entity secured to the satisfaction of the Board of Public Works under the terms of which the private, public, or quasi-public corporation, partnership, association, person, or other legal entity is obligated to pay to the Authority or its designee a sum to provide for the payment of (i) the interest upon the bonds sold pursuant to the provisions of this subtitle as the interest falls due, (ii) the principal of the bonds as it falls due, (iii) the necessary fiscal agency charges for paying principal and interest and any charges or fees fixed by the Authority for its administrative costs and expenses, and (iv) any premium upon bonds retired by call or purchased as provided in this subtitle. In addition, the legal entity shall pay to the State of Maryland, or any of its political subdivisions, the amount of State and local property taxes as the same accrue from the time of the transfer of the property to such legal entity;

            (8)      Assist wholesale food dealers and tenants who wish to locate or relocate their operations in a development or project. In furtherance of such power, the Authority may acquire, by negotiation and purchase, the land, buildings, structures, facilities, equipment, leases, or any interest therein, and may pay all or a part of reasonable moving expenses for personal property necessary to be moved in the relocation or location of those dealers and tenants who, in the best judgment of the Authority, afford the greatest opportunity of success for a project or development, and which expenses of acquisition, location, or relocation the Authority, in the responsible exercise of its discretion, believes it has the most favorable opportunity of regaining;

            (9)      Appoint and dismiss officers, agents and employees, including, but not limited to, engineering, architectural, fiscal, and construction experts and attorneys, and fix their compensation;

            (10)      Borrow money for any of its corporate purposes including the power to mortgage or further encumber its property as security for such loan and issue negotiable bonds as hereinafter provided in this subtitle; all money and funds of the Authority may be invested; all interest earned and all other income from any investments shall be credited to the Authority;

            (11)      Receive appropriate gifts, contributions of money, supplies, goods, and services, or loans thereof, and may accept appropriations, allotments, and loans of funds from the State of Maryland, the United States of America, any federal corporation or agency and any municipal corporation or political subdivision of the State of Maryland;

            (12)      Exercise any power usually possessed by private corporations in performing similar functions, which is not in conflict with the Constitution and the laws of this State;

            (13)      Acquire, construct, maintain, equip, and operate any wharves, docks, piers, quays, and other structures, and any facilities necessary for commerce, including the dredging of approaches;

            (14)      Adopt reasonable rules and regulations concerning the use of streets, alleys, driveways, docking slips, and establishing parking areas on the Authority's property and relating to the safety and welfare of persons using the Authority's property, provided the rules and regulations are made in accordance with the laws and ordinances governing city, county, and local jurisdictions where the development is located; and

            (15)      Do all things necessary and convenient to carry out the powers expressly granted by this subtitle.