reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Financial Institutions › Title 12 - Miscellaneous Institutions and Activities › Subtitle 10 - Maryland Debt Settlement Services Act › Section 12-1016 - Violation of Subtitle

A violation of this subtitle is:
(1)    An unfair or deceptive trade practice within the meaning of Title 13 of the Commercial Law Article; and
(2)    Subject to the enforcement and penalty provisions of Title 13 of the Commercial Law Article.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 8 - Allocation of Private Activity Bond Authority › Section 13-801 - Definitions

(a)    In this subtitle the following words have the meanings indicated, unless otherwise required by the context.
(b)    “Bonds” means any bonds, notes, or other obligations of an issuer, the interest on which is exempt from federal taxation under the Code and the tax–exempt status of which is subject to the volume limitation established under § 146 of the Code.
(c)    “Code” means the Internal Revenue Code of 1986, as amended, and the applicable regulations thereunder.
(d)    “Community Development Administration” means that division of the Department of Housing and Community Development established under Title 4, Subtitle 2 of the Housing and Community Development Article.
(e)    “County” means any county in the State of Maryland and the City of Baltimore.
(f)    “Housing bonds” means any “qualified mortgage bonds” and bonds for any “qualified residential rental project” as those terms are defined in the Code.
(g)    “Issuer” means any State issuer or local issuer.
(h)    “Local issuer” means any county, municipality, or industrial development authority established under Title 12, Subtitle 1 of the Economic Development Article, or other agency with authority to issue bonds, other than a State issuer.
(i)    “Maryland State ceiling” means the volume limitation established pursuant to § 146 of the Code on the aggregate dollar amount of bonds that may be issued by State and local issuers in any calendar year.
(j)    “Minority business enterprise” means the minority business enterprises as defined in § 14–301 of the State Finance and Procurement Article.
(k)    “Municipality” means any municipal corporation subject to the provisions of Article XI–E of the Maryland Constitution.
(l)    “Secretary” means the Secretary of Commerce.
(m)    “Secretary’s reserve” means the allocation of the Maryland State ceiling initially made under § 13–802(4) of this subtitle and augmented under § 13–805 of this subtitle.
(n)    “State issuer” means the State of Maryland or any agency of the State of Maryland with authority to issue bonds.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 8 - Allocation of Private Activity Bond Authority › Section 13-803 - Transfer of Allocations

(a)    Except as specifically provided in this section, an issuer receiving an allocation under this section may not transfer all or any portion of its allocation to any other issuer.
(b)    (1)    Any county may, at any time in its sole discretion, reallocate all or any portion of its allocation to any local issuer (including any agency of the county) within its jurisdiction.
(2)    Any county which has reallocated all or any portion of its allocation to a local issuer may reduce or further reallocate such reallocation after 30 days’ prior written notice to, or after receiving the consent of, such local issuer, unless such local issuer has used such reallocation for the issuance of bonds prior to the effective date of such reduction or further reallocation.
(c)    (1)    Notwithstanding any applicable law, charter, ordinance, or other corporate document, any issuer receiving an allocation may transfer all or any portion of its allocation to a State issuer for the issuance of bonds.
(2)    With the approval of the Secretary, any State issuer may transfer to any other issuer all or any portion of any allocation received by or transferred to it for any purpose. However, the Secretary may place any conditions on any such transfer as the Secretary deems appropriate.
(3)    Any housing bond allocation transferred to the Community Development Administration by a local issuer may be transferred to any other issuer only with the approval of the Secretary and the local issuer that transferred the allocation to the Community Development Administration.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 8 - Allocation of Private Activity Bond Authority › Section 13-804 - Reports

(a)    On September 15 of each calendar year, each issuer shall submit a report, approved in writing by its bond counsel, to the Secretary containing the following information:
(1)    The amount of the total allocation of the Maryland State ceiling allocated in that year to the issuer prior to September 15;
(2)    The amount and type of bonds issued in that year pursuant to the total allocation to the issuer in that year;
(3)    The amount and type of bonds not issued, but anticipated to be issued on or before September 30 of that year, pursuant to the total allocation to the issuer in that year; and
(4)    Any other information that the Secretary may request.
(b)    (1)    Each issuer shall file with the Secretary a copy of each executed information report required by § 149(e)(2) of the Code to be filed with the federal Internal Revenue Service.
(2)    Each such information report shall be filed by the earlier of 10 business days following the date of the issuance of the bonds or December 30 of the calendar year in which the bonds are issued. The Secretary may grant an extension of time for the filing of any such information report.
(3)    Any bonds for which such executed information report is not filed with the Secretary in accordance with this subsection shall be deemed not to have received an allocation of the Maryland State ceiling.
(c)    Each issuer shall provide the Secretary with such additional reports and other information regarding its allocation of the Maryland State ceiling and the use thereof as the Secretary may request.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 8 - Allocation of Private Activity Bond Authority › Section 13-805 - Reversion of Allocations; Reallocation

(a)    All allocations of the Maryland State ceiling previously made during any calendar year shall automatically revert to the Secretary’s reserve on October 1 of such calendar year except with respect to allocations for which:
(1)    Bonds have been issued;
(2)    With the approval of the issuer, a preliminary official statement has been distributed by the underwriters in connection with the public offering of any bonds; or
(3)    The issuer has transferred its allocation to a State issuer under § 13-803(c) of this subtitle.
(b)    All allocations of the Maryland State ceiling for bonds to be issued in a public offering which did not revert to the Secretary’s reserve on October 1 because of subsection (a)(2) of this section shall revert to the Secretary’s reserve on November 15 of the same year if the bonds are not issued on or before November 14 of such year.
(c)    The unused balance of the initial allocation to the Community Development Administration under § 13-802(3) of this subtitle shall be reallocated from the Secretary’s reserve to the Community Development Administration.
(d)    (1)    All other allocations that have reverted to the Secretary’s reserve shall be reallocated as provided in § 13-802(4) of this subtitle. The Secretary may also give priority in processing and granting reservations of allocation from the Secretary’s reserve to the order in which requests for reallocation are received.
(2)    No reallocation of the Secretary’s reserve as provided in § 13-802(4) of this subtitle may be made until notice as to the availability and amount of funds has been given to each county executive of a charter county, the Mayor and City Council of Baltimore, the Chairman of the County Council of Wicomico County, and, for all other counties, the president or the chairman of the county commissioners. The failure of any such notice being given as required by this paragraph may not adversely affect the validity of any allocation made by the Secretary under this subtitle or of any bonds issued pursuant to this subtitle.
(3)    Each request for reallocation shall be accompanied by such information as the Secretary may require.
(4)    Each reservation of allocation made by the Secretary on or after October 1 of any year shall expire on the date specified in the reservation.
(e)    (1)    An issuer which has received an allocation from the Maryland State ceiling prior to October 1 of any year may not carry forward such allocation to any later year.
(2)    All requests for a carry-forward allocation shall be submitted to the Secretary with such justifications and other information as the Secretary may require.
(3)    The Secretary may provide for carry-forward allocations to the extent permitted by the Code.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 8 - Allocation of Private Activity Bond Authority › Section 13-806 - Use of Minority Business Enterprises Favored

(a)    (1)    The recipients of the proceeds of bonds shall make best efforts to use minority business enterprises in the construction of projects and the provision of services and supplies financed with such proceeds.
(2)    State and local issuers shall monitor compliance with this requirement.
(b)    The Secretary may provide guidance in connection with the efforts of such recipients to use minority business enterprises. Such recipients shall provide any information on their efforts to the issuer or to the Secretary that the issuer or the Secretary may request.
(c)    (1)    Any failure to comply with the provisions of this subtitle does not in any way affect the validity of any bonds issued pursuant to an allocation from the Maryland State ceiling under this subtitle or the tax-exempt status of any such bonds under the Code, including the tax-exempt status of interest on such bonds under the Code.
(2)    Any failure to comply with the provisions of this subtitle may be taken into consideration by the Secretary in making allocations from the Secretary’s reserve under §§ 13-802(4) and 13-805(d) of this subtitle.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 8 - Allocation of Private Activity Bond Authority › Section 13-807 - Administration

(a)    (1)    The Secretary may make any and all allocations, apportionments, determinations, and findings required or permitted by this subtitle.
(2)    Any allocations, apportionments, determinations, and findings of the Secretary shall be made in the Secretary’s sole and absolute discretion, subject to the provisions of this subtitle, shall be conclusive, and are not subject to review or approval under either the Maryland Administrative Procedure Act or any other law of the State of Maryland or by any agency or political subdivision of the State of Maryland.
(b)    At the request of any issuer or its bond counsel made in connection with the issuance of any bonds, and in order to show compliance with the requirements of the Code, the Secretary or such person as the Secretary shall designate by written order may issue such certifications as may be reasonably required in order to establish the existence of a valid allocation for the proposed bond issuance and to establish that the Maryland State ceiling has not been exceeded, and the Secretary or such person designated by the Secretary in accordance with this subsection shall be the State official designated by State law for the purpose of certifying in connection with the information report required by § 149 of the Code that the bonds included in an issue meet the requirements of § 146 of the Code.
(c)    The actual dollar amount of all allocations shall be determined by the Secretary. Allocations to issuers of the Maryland State ceiling under § 13-802 of this subtitle shall be based on the most recent census estimate of the resident populations of the State of Maryland and the counties released by the U.S. Bureau of the Census before January 1 of the year in which the allocations are made, as determined by the Secretary.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part I - Definitions; General Provisions › Section 13-1001 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Authority” means the Canal Place Preservation and Development Authority.
(c)    “Bonds” means taxable or tax–exempt bonds, including refunding bonds, bond anticipation notes, notes in the nature of commercial paper, certificates, or any other evidence of obligation issued by the Authority.
(d)    “Fund” means the Canal Place Preservation and Development Authority Financing Fund established under § 13–1017 of this subtitle.
(e)    “Heritage Area” means the Canal Place Heritage Area, initially known as the Canal Place Historic Preservation District, the boundaries of which are described:
(1)    In the addendum of January 1993, entitled “The Canal Place Historic Preservation District”, to the report of May 1992 of the Maryland State Highway Administration entitled “The Canal Parkway Development – Station Square Project”; and
(2)    In any revisions that are:
(i)    Made by the Authority under § 13–1008(8) or (10) of this subtitle; and
(ii)    Approved by the Maryland Heritage Areas Authority in accordance with § 13–1111 of this title.
(f)    “Local jurisdiction” means:
(1)    Any of the 23 counties of the State;
(2)    The City of Baltimore; or
(3)    Any municipal corporation subject to the provisions of Article XI–E of the Maryland Constitution.
(g)    “Maryland Heritage Areas Authority” means the Maryland Heritage Areas Authority created under Subtitle 11 of this title.
(h)    “Park corridor” means the land area within the Heritage Area the boundaries of which are described:
(1)    In the report of May 1992 of the Maryland State Highway Administration entitled “The Canal Parkway Development – Station Square Project”; and
(2)    In any revision that the Authority makes under § 13–1008(8) of this subtitle to the report of May 1992 of the Maryland State Highway Administration entitled “The Canal Parkway Development – Station Square Project”.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part I - Definitions; General Provisions › Section 13-1002 - Findings

The General Assembly makes the following findings:
(1)    The Chesapeake and Ohio Canal is one of the great historic waterways of the United States extending 185 miles from Georgetown in the District of Columbia to its western terminus in Cumberland, Maryland;
(2)    The current physical condition of the Chesapeake and Ohio Canal in the City of Cumberland is one of severe deterioration with the last mile of the canal buried under a flood control project during the 1950s;
(3)    An opportunity now exists to rediscover the value of this waterway by transforming the canal and adjacent areas to a showpiece of historic preservation that will enhance recreational, commercial, civic, transportation, educational, and ecological values;
(4)    It is in the interest of the State, the local jurisdictions within and surrounding the Heritage Area, and the United States that the Heritage Area be preserved, developed, maintained, and used in a manner suitable to its significance, including the historic and cultural significance of the western terminus of the historic Chesapeake and Ohio Canal;
(5)    To ensure suitable preservation, development, maintenance, and use of the Heritage Area, it is essential that there be developed and carried out a management plan for the Heritage Area as an entirety that will specify:
(i)    The uses, both public and private, for the buildings, structures, and other property in the Heritage Area and any necessary acquisitions, construction, recreation, and other activities; and
(ii)    The programming and financing for the rewatering of the Chesapeake and Ohio Canal;
(6)    The responsibility for developing and implementing a management plan for the Heritage Area can best be carried out by vesting the requisite powers in a public corporation that can take maximum advantage of the public and private resources necessary to ensure success of the management plan; and
(7)    Any management plan for the development of the Heritage Area should be prepared and implemented in cooperation with the United States Department of the Interior.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part I - Definitions; General Provisions › Section 13-1003 - Construction of Subtitle

This subtitle:
(1)    Shall be liberally construed to effect its purposes; but
(2)    May not be construed to be inconsistent with any applicable federal law or with the authority of any federal agency under that law.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part II - Canal Place Preservation and Development Authority › Section 13-1004 - Authority Established

(a)    There is a body corporate and politic known as the Canal Place Preservation and Development Authority.
(b)    The Authority is an instrumentality of the State and a public corporation by that name, style, and title.
(c)    The Authority is an independent unit in the Executive Branch of the State government.
(d)    The exercise by the Authority of the powers conferred by this subtitle is the performance of an essential public function.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part II - Canal Place Preservation and Development Authority › Section 13-1005 - Membership

(a)    The Authority consists of:
(1)    Six members appointed by the Governor with the advice and consent of the Senate;
(2)    One representative of the United States Department of the Interior, as designated by the Department of the Interior;
(3)    One representative of the Maryland Historical Trust; and
(4)    One representative of the Mayor and City Council of the City of Cumberland.
(b)    The Governor shall designate one of the members of the Authority as chairman.
(c)    (1)    The term of a member is 4 years.
(2)    The terms of members appointed by the Governor are staggered as required by the terms of the members serving on July 1, 2001.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(5)    At the end of the term of a member or on the resignation or removal of a member, the Governor shall appoint a member to the Authority with the advice and consent of the Senate.
(d)    The Governor may remove a nonfederal member for incompetence, misconduct, or failure to perform the duties of the position.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part II - Canal Place Preservation and Development Authority › Section 13-1006 - Quorum; Required Vote; Meetings; Compensation

(a)    Five members of the Authority are a quorum.
(b)    Actions of the Authority must receive the affirmative vote of at least four members.
(c)    The Authority shall determine the times and places of its meetings.
(d)    A member of the Authority:
(1)    May not receive compensation; but
(2)    Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part II - Canal Place Preservation and Development Authority › Section 13-1007 - Executive Director

(a)    With the approval of the Governor, the Authority shall appoint an Executive Director, who is the Chief Administrative Officer and Secretary of the Authority.
(b)    The Executive Director serves at the pleasure of the Authority, subject to the concurrence of the Governor.
(c)    The Executive Director shall:
(1)    Direct and supervise the administrative affairs and activities of the Authority in accordance with its regulations and policies;
(2)    Attend all meetings of the Authority;
(3)    Keep minutes of all proceedings of the Authority;
(4)    Approve:
(i)    All accounts for salaries, per diem payments, and allowable expenses of the Authority and its employees and consultants; and
(ii)    All expenses incidental to the operation of the Authority;
(5)    Report and make recommendations to the Authority on the merits and status of any management plan for the Heritage Area; and
(6)    Perform any other duty that the Authority requires for carrying out the provisions of this subtitle.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part II - Canal Place Preservation and Development Authority › Section 13-1008.1 - Motor Vehicle Parking Regulations

(a)    The Authority may adopt and enforce regulations for the parking of motor vehicles in and on any facilities or property the Authority owns or controls.
(b)    The regulations shall:
(1)    Be reasonably necessary for the efficient operation of facilities or property owned or controlled by the Authority;
(2)    Provide for a uniform system for accessible parking for individuals with disabilities, to enhance the safety of individuals with disabilities in conformity with the federal Uniform System for Parking for Persons with Disabilities and the federal Americans with Disabilities Act accessibility guidelines for buildings and facilities; and
(3)    Include procedures for the voluntary payment of fines directly to the Authority in uncontested parking cases.
(c)    The Maryland State Police or the Police Department of the City of Cumberland may issue citations for violations of the regulations adopted under this section.
(d)    The issuance of citations under this section shall comply with the requirements of Title 26, Subtitle 3 of the Transportation Article.
(e)    (1)    A person who violates a parking regulation under this section is subject to a fine established by the Authority in accordance with paragraph (2) of this subsection.
(2)    The Authority shall adopt regulations to establish fines that are equal to the fines that the City of Cumberland, by ordinance, may impose for similar parking violations.
(f)    All regulations adopted under this section shall be posted conspicuously in a public place on facilities or property owned or controlled by the Authority.
(g)    The Executive Director of the Authority may designate employees of the Authority or security personnel under contract with the Authority to issue citations, to the extent authorized by the Executive Director of the Authority, for violations of motor vehicle parking regulations adopted under this section.
(h)    The Executive Director of the Authority, in consultation with the chief police officer of the Maryland State Police and the Maryland Police Training and Standards Commission, shall adopt regulations establishing:
(1)    Qualifications for individuals appointed under subsection (g) of this section, which may include prerequisites of character, training, experience, and education; and
(2)    Standards for the performance of the duties assigned to individuals appointed under subsection (g) of this section.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part II - Canal Place Preservation and Development Authority › Section 13-1009 - Property Interests

(a)    This section does not affect the right of the Authority to acquire an option or institute any condemnation proceeding for later acquisition of property once the approval required by this section occurs.
(b)    (1)    Subject to annual appropriations and this subtitle, the Authority may acquire in its own name, by gift, purchase, or condemnation, any real or personal property, or interests in property, necessary or convenient to carry out its responsibilities under this subtitle.
(2)    When acquiring in its own name any real or personal property, or interests in property as specified in paragraph (1) of this subsection, the Authority shall first attempt to acquire the property through negotiation and purchase.
(3)    If it is not able to acquire property through negotiation and purchase, the Authority may exercise the powers of condemnation for private property, as provided in subsection (c) of this section.
(c)    Subject to subsection (b) of this section, prior approval of the Board of Public Works, and review by the Legislative Policy Committee, the Authority may exercise the power of ordinary condemnation for any private property for any purpose of the Authority:
(1)    In accordance with Title 12 of the Real Property Article; and
(2)    In the park corridor only.
(d)    (1)    Subject to the prior approval of the Board of Public Works:
(i)    The State, its agencies, and any local jurisdiction within the Heritage Area may lease, lend, grant, or otherwise convey to the Authority, at its request, any property or interest therein, including property devoted to public use, that is necessary or convenient for the purposes of this subtitle; or
(ii)    The State may lease or sublease any property or interest therein from or to the Authority, whether or not any building or structure is constructed or usable thereon.
(2)    Lease payments appropriated by the State to the Authority shall be transferred to the Fund.
(e)    For any acquisition of real or personal property or interest in property in the City of Cumberland or in Allegany County, other than in the park corridor, the Authority shall comply with any applicable local planning, zoning, and development regulations to the same extent as a private commercial or industrial enterprise.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part II - Canal Place Preservation and Development Authority › Section 13-1010 - Duties of Authority

The Authority shall:
(1)    Administer the Heritage Area in accordance with this subtitle;
(2)    Subject to § 13-1011 of this subtitle, develop a management plan for the Heritage Area;
(3)    Preserve or assist in the preservation of buildings, structures, and settings of historic value in the Heritage Area;
(4)    Conduct activities to educate the public about the history and significance of the Heritage Area;
(5)    Provide for recreational uses of the Heritage Area for both active and passive pursuits;
(6)    Facilitate economic development in the Heritage Area through public and private investment in adaptive reuse, interpretative attractions, or other activities;
(7)    To the extent practicable, consult and coordinate its activities with the states of West Virginia and Pennsylvania and appropriate regional entities;
(8)    Keep records consistent with sound business practices and accounting records consistent with generally accepted accounting principles;
(9)    Cause an audit by an independent licensed certified public accountant to be made of the accounts and transactions of the Authority at the conclusion of each fiscal year;
(10)    Be subject to audit and examination at any reasonable time by the Office of Legislative Audits of the Department of Legislative Services concerning the accounts and transactions of the Authority; and
(11)    For inclusion for informational purposes in the State budget book, submit annually to the Department of Budget and Management a budget reflecting the operating and capital program of the Authority.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part II - Canal Place Preservation and Development Authority › Section 13-1011 - Management Plan -- Contents

Subject to § 13-1012 of this subtitle, within 18 months after the date on which the Authority conducts its first meeting, the Authority shall develop and submit to the Maryland Historical Trust a management plan that:
(1)    Specifies the goals and objectives for the preservation, development, and management of the Heritage Area;
(2)    Provides an inventory of the significant resources in the Heritage Area, including its cultural, historic, and natural resources;
(3)    Identifies the types of public and private uses to be accommodated in the Heritage Area;
(4)    Describes the educational, interpretative, and recreational programs and projects concerning the Heritage Area;
(5)    Describes plans for encouraging and accommodating visitation to and economic development of the Heritage Area;
(6)    Provides an economic assessment of the long and short term costs and benefits related to the implementation of the management plan, including an identification of expected sources of funding;
(7)    Describes the specific techniques or means for the long term preservation and protection of the significant resources in the Heritage Area, including its cultural, historic, and natural resources;
(8)    Describes the public and private organizational structure to be utilized for planning, development, and management of the Heritage Area; and
(9)    Provides a schedule for the planning, development, and management of the Heritage Area.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part II - Canal Place Preservation and Development Authority › Section 13-1012 - Management Plan -- Public Hearing; Notice

(a)    At least 30 days before submitting a management plan to the Maryland Historical Trust under § 13-1011 of this subtitle, the Authority shall:
(1)    Hold a public hearing in the City of Cumberland for the purpose of soliciting public comment; and
(2)    Submit the management plan to, and obtain the preliminary approval of, the Mayor and City Council of the City of Cumberland.
(b)    (1)    At least 30 days before the public hearing required by subsection (a)(1) of this section, the Authority shall notify the Mayor and City Council of the City of Cumberland of the hearing and advertise the notice in a newspaper of general circulation in the City of Cumberland.
(2)    The notice shall include:
(i)    A description of the management plan for the Heritage Area; and
(ii)    The date, time, and location of the public hearing.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part II - Canal Place Preservation and Development Authority › Section 13-1013 - Management Plan -- Approval or Disapproval of Plan by Maryland Historical Trust

(a)    Within 90 days after receipt from the Authority of a management plan, the Maryland Historical Trust shall approve or disapprove the plan.
(b)    (1)    Unless the Maryland Historical Trust determines that a management plan would adequately carry out the purposes of this subtitle, it may not approve the management plan.
(2)    In considering whether to approve a management plan, the Maryland Historical Trust shall consult with appropriate units of the State government, including the Department of Commerce, the Department of Natural Resources, and the Department of Planning.
(c)    If the Maryland Historical Trust disapproves a management plan, the Trust shall advise the Authority of the reason for the disapproval and provide recommendations for a revision of the plan.
(d)    The Maryland Heritage Areas Authority shall approve or disapprove any revisions to an existing management plan for the Heritage Area in accordance with § 13–1111(m) of this title.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part II - Canal Place Preservation and Development Authority › Section 13-1014 - Expenditure Prerequisites

(a)    Except as provided in subsection (b) of this section and notwithstanding any power vested in the Authority by this subtitle, the Authority may not make any expenditure until:
(1)    The Maryland Historical Trust approves a management plan for the Heritage Area;
(2)    The management plan has been adopted by the Authority;
(3)    The Mayor and City Council of the City of Cumberland:
(i)    Adopt the management plan through formal amendment of the City’s comprehensive plan; and
(ii)    Enact an ordinance that:
1.    Consistent with Title 8 of the Land Use Article, creates a Historic District Commission for portions of the Heritage Area within the City of Cumberland;
2.    Provides for membership on the Historic District Commission in accordance with the minimum professional requirements of the United States Department of the Interior for certifying local governments under 36 C.F.R. Part 61;
3.    To the extent necessary to meet the requirements of items 1 and 2 of this item, provides for the appointment of members of the Historic District Commission who are not residents of the City of Cumberland;
4.    Requires that within 18 months after the Historic District Commission conducts its first meeting, the Commission shall develop and submit for approval to the Maryland Historical Trust design standards and criteria applicable to all construction, preservation, rehabilitation, and restoration within the portions of the Heritage Area within the City of Cumberland; and
5.    Provides that the Historic District Commission review and approve the design of all projects that the City of Cumberland conducts, assists, licenses, or permits that affect properties within the Heritage Area; and
(4)    The Authority and the Mayor and City Council of the City of Cumberland execute a memorandum of agreement that specifies detailed policies and procedures for mutual notification and review and consultation regarding their respective actions and undertakings in the Heritage Area.
(b)    Before the requirements of subsection (a) of this section occur, the Authority may make expenditures only to:
(1)    Support the basic administrative operations of the Authority;
(2)    Develop the management plan for the Heritage Area and related preliminary plans; and
(3)    Acquire complete or partial interests in, or preserve or assist in the preservation of, properties within the park corridor that:
(i)    Are listed on or determined to be eligible for listing on the Maryland Register of Historic Properties; and
(ii)    Would be subject to demolition or major alteration in a manner that is inconsistent with the purposes of this subtitle, unless acquired, preserved, or assisted by the Authority.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part II - Canal Place Preservation and Development Authority › Section 13-1015 - Proposed Activities Affecting Property Within Park Corridor

The City of Cumberland shall submit to the Authority for review and approval any plan for any activity the City proposes to conduct, assist, license, or permit that will affect property within the park corridor:
(1)    After the Authority’s adoption of a management plan for the Heritage Area in accordance with this subtitle; and
(2)    Before the City implements its plan for the activity.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part II - Canal Place Preservation and Development Authority › Section 13-1016 - Management Plan Task Force

For the purpose of reviewing the development of the management plan for the Heritage Area, the Authority shall appoint a task force that includes:
(1)    Members of the General Assembly who reside in Allegany County;
(2)    A representative of each of:
(i)    The Board of County Commissioners of Allegany County;
(ii)    The Chesapeake and Ohio Canal National Historical Park Commission;
(iii)    The Department of Natural Resources;
(iv)    The Maryland Historical Trust;
(v)    The Mayor of the City of Cumberland;
(vi)    The United States Department of the Interior, as designated by the Department of the Interior;
(vii)    The Department of Planning; and
(viii)    The State Highway Administration of the Department of Transportation;
(3)    Residents and business representatives from the area within and adjacent to the Heritage Area; and
(4)    Other representatives as the Authority deems appropriate.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part II - Canal Place Preservation and Development Authority › Section 13-1017 - Canal Place Preservation and Development Authority Financing Fund

(a)    There is a Canal Place Preservation and Development Authority Financing Fund.
(b)    The Authority shall use the Fund as a continuing, nonlapsing, revolving fund for carrying out the purposes of this subtitle. No part of the Fund may revert or be credited to the General Fund or to any other special fund of the State.
(c)    The Authority shall place all of the following receipts in the Fund:
(1)    Proceeds from the sale of bonds;
(2)    Revenues that the Authority collects or receives from any source under this subtitle; and
(3)    Any additional revenue, gift, donation, or money received or paid to it from any other source authorized by law.
(d)    The Authority shall pay all expenses and make all expenditures from the Fund.
(e)    (1)    The Authority may pledge and charge all or a portion of the receipts of the Fund for the payment of:
(i)    Debt service on bonds of the Authority; and
(ii)    All reasonable charges and expenses related to borrowing by the Authority and management of the obligations of the Authority.
(2)    A pledge made under paragraph (1) of this subsection is effective as provided in § 13–1022 of this subtitle and any applicable resolution of the Authority.
(f)    The State Treasurer shall:
(1)    Invest and reinvest the Fund in the same manner as State funds; and
(2)    Transfer any investment earnings to the credit of the Fund.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part III - Bonds › Section 13-1018 - Bond Issues

(a)    Subject to this part, the Authority may at any time and from time to time issue bonds for any corporate purpose, including the establishment of reserves and the payment of interest.
(b)    The Authority:
(1)    Shall by resolution authorize any bonds that it issues; and
(2)    May secure the bonds by a trust agreement between the Authority and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the State.
(c)    The Authority shall notify the Board of Public Works of its intention to issue bonds up to a stated amount.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part III - Bonds › Section 13-1019 - Bonds Payable From Receipts of Authority

The bonds of any issue shall be payable solely from the property or receipts of the Authority, including, without limitation:
(1)    Fees, charges, or other revenues payable to the Authority;
(2)    Payments by financial institutions, insurance companies, or others pursuant to letters or lines of credit, policies of insurance, or purchase agreements;
(3)    Investment earnings from funds or accounts maintained pursuant to a bond resolution or trust agreement;
(4)    Proceeds of refunding bonds; and
(5)    Any other source authorized by law.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part III - Bonds › Section 13-1020 - Requirements of Bonds Issued

The bonds that the Authority issues shall:
(1)    Be issued at, above, or below par value, for cash or other valuable consideration, and mature at a time or times, whether as serial bonds or as term bonds or both, not exceeding the maturity date established by the Authority;
(2)    Bear interest at the fixed or variable rate or rates determined by the method provided in the resolution or trust agreement;
(3)    Be payable at a time or times, in the denominations and form, either coupon or registered or both, and carry the registration and privileges as to conversion and for the replacement of mutilated, lost, or destroyed bonds as the resolution or trust agreement may provide;
(4)    Notwithstanding any other law, be deemed a “security” within the meaning of § 8–102 of the Commercial Law Article, whether or not it is either one of a class or a series or by its terms is divisible into a class or series of instruments and negotiable for all purposes although payable from a limited source;
(5)    Be payable in lawful money of the United States at a designated place;
(6)    Be subject to the terms of purchase, payment, redemption, refunding, or refinancing that the resolution or trust agreement provides;
(7)    Be executed by the manual or facsimile signatures of the officers of the Authority designated by the Authority, which signatures shall be valid at delivery even for an officer who has ceased to hold office; and
(8)    Be sold in the manner and on the terms determined by the Authority, including private (negotiated) sale and be exempt from §§ 8–206, 8–208, and 8–209 of the State Finance and Procurement Article.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part III - Bonds › Section 13-1021 - Resolutions or Trust Agreements

(a)    Any resolution or trust agreement the Authority adopts or enters into under § 13-1018(b) of this subtitle may contain provisions that:
(1)    Pledge, assign, or direct the use, investment, or disposition of all or a portion of the receipts of the Authority or all or a portion of the proceeds or benefits of any contract and convey or otherwise secure any property or property rights;
(2)    Set aside loan funding deposits, debt service reserves, capitalized interest accounts, cost of issuance accounts, and sinking funds, and regulate, invest, and dispose of these deposits, reserves, accounts, and funds;
(3)    Limit the purpose to which or the investments in which the proceeds of sale of any issue of bonds may be applied and restrict the investment of revenues or bond proceeds as deemed necessary, which may include limiting investments to government obligations for which principal and interest are unconditionally guaranteed by the United States;
(4)    Limit the issuance of additional bonds and specify the terms on which additional bonds may be issued, secured, and rank on parity with, or be subordinate or superior to, other bonds;
(5)    Refund or refinance outstanding bonds;
(6)    Establish any procedure concerning the manner in which the terms of any contract with bondholders may be altered or amended, the amount of bonds to which the holders must consent, and the manner in which the holders must consent;
(7)    Define the acts or omissions that constitute a default in the duties of the Authority to holders of bonds and provide the rights and remedies of the holders in the event of a default, which may include provisions that restrict individual right of action by bondholders;
(8)    Provide for guarantees, pledges of property, letters of credit, or other security, or insurance for the benefit of bondholders; and
(9)    Provide for any other matter relating to the bonds that the Authority deems appropriate.
(b)    Any provisions under subsection (a) of this section that the Authority includes in a resolution or trust agreement shall be part of the contract with the holders of the bonds.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part III - Bonds › Section 13-1022 - Pledge of Revenues as Security for Issue of Bonds

(a)    A pledge by the Authority of revenues as security for an issue of bonds shall be valid and binding from the time when the documents evidencing the pledge are executed by the Authority.
(b)    (1)    The revenues that the Authority pledges are immediately subject to the lien of the pledge without any physical delivery or further act.
(2)    The lien of any pledge of revenue is valid and binding against any person who has any claim in tort, contract, or otherwise against the Authority, whether or not the person has notice.
(c)    In order to perfect the lien on the revenue pledged by the Authority against third persons, a resolution, trust agreement or financing statement, continuation statement, or other instrument that the Authority adopts or enters into need not be filed or recorded in any public record other than the records of the Authority.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part III - Bonds › Section 13-1023 - Liability; Enforcement of Rights

(a)    No member of the Authority nor any person executing the bonds shall be liable personally on the bonds or subject to any personal liability by reason of the issuance of the bonds.
(b)    Except as otherwise provided by an applicable resolution or trust agreement, a holder of bonds issued under this subtitle, or a trustee acting under a trust agreement entered into under this subtitle, may, by any suitable form of legal proceedings, protect and enforce any rights granted under the laws of this State or by any applicable resolution or trust agreement.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part III - Bonds › Section 13-1024 - Refunding Bonds

(a)    The Authority may issue bonds to refund any of its bonds then outstanding, including the payment of any redemption premium and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity of the bonds.
(b)    Refunding bonds may be issued:
(1)    (i)    For the public purposes of realizing savings in the effective costs of debt service, directly or through a debt restructuring; or
(ii)    For alleviating impending or actual default; and
(2)    In one or more series in an amount in excess of that of the bonds to be refunded.
2023 Maryland Statutes › Financial Institutions › Title 13 - State-Operated Financial Programs › Subtitle 10 - Canal Place Preservation and Development Authority › Part III - Bonds › Section 13-1025 - Agreements to Enhance Marketability or to Provide Security; Investments in Bonds

(a)    The Authority may enter into agreements with agents, banks, insurers, or others for the purpose of enhancing the marketability of, or as a security for, its bonds.
(b)    Any financial institution, investment company, insurance company or association, and any personal representative, guardian, trustee, or other fiduciary, may legally invest any money belonging to them or within their control in any bonds issued by the Authority.