EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
(Charter Amendment)
Introduced by: President Rawlings-Blake
A RESOLUTION ENTITLED
A RESOLUTION OF THE MAYOR AND CITY COUNCIL concerning
title
Charter Amendment - Amending or Supplementing Ordinance of Estimates
FOR the purpose of authorizing the Board of Estimates, with the consent of the City Council, to submit an amendment or supplement to a pending Ordinances of Estimates for certain purposes; clarifying the authority of the City Council to set the annual levy of full rate property taxes at a rate that exceeds the rate stated by the Board of Estimates; correcting, clarifying, and conforming related provisions; and submitting this amendment to the qualified voters of the City for adoption or rejection.
body
BY proposing an amendment to
Article VI - Board of Estimates
Section(s) 7
Baltimore City Charter
(1996 Edition)
SECTION 1. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the City Charter is proposed to be amended to read as follows:
Baltimore City Charter
Article VI. Board of Estimates
§ 7. Enactment of Ordinance of Estimates.
(a) Introduction; authorized cuts.
(1) [Upon] ON receipt of the proposed Ordinance of Estimates and [the] accompanying materials, the President of the City Council shall promptly cause it to be introduced in the City Council, and the Council shall [thereafter] THEN hold public hearings on the proposed Ordinance of Estimates.
(2) By a majority vote of its members, the City Council may reduce or eliminate any of the amounts in the proposed Ordinance of Estimates, except:
(I) [(1)] amounts fixed by law;
(II) [(2)] amounts for the Fire Department established by a board of arbitration and included in the proposed Ordinance of Estimates; and
(III) [(3)] amounts for the payment of the interest and principal of the municipal debt.
(b) Increases and additions BY COUNCIL precluded.
(1) The City Council [shall] DOES not have the power to increase the amounts fixed by the Board or to insert any amount for any new purpose in the proposed Ordinance of Estimates.
(2) If the carrying out of a particular program, purpose, activity, or project depends [upon] ON action by a body other than the City, the City Council may insert a specific provision in the proposed Ordinance of Estimates making the appropriation for [the] THAT particular program, purpose, activity, or project contingent [upon such] ON THAT action.
(C) AMENDMENTS OR SUPPLEMENT BY BOARD AUTHORIZED.
(1) BEFORE FINAL ACTION IS TAKEN BY THE CITY COUNCIL ON THE ORDINANCE OF ESTIMATES, THE BOARD OF ESTIMATES MAY DELIVER TO THE CITY COUNCIL PRESIDENT AN AMENDMENT OR SUPPLEMENT TO THE ORDINANCE OF ESTIMATES:
(I) TO CORRECT AN OVERSIGHT;
(II) TO PROVIDE FUNDS CONTINGENT ON PASSAGE OF PENDING LEGISLATION; OR
(III) TO ADDRESS AN EMERGENCY.
(2) IF THE CITY COUNCIL CONSENTS TO THE AMENDMENT OR SUPPLEMENT, THE AMENDMENT OR SUPPLEMENT THEN BECOMES A PART OF THE ORDINANCE OF ESTIMATES AS AN ADDITION TO THE ITEMS OF THE ORDINANCE OF ESTIMATES OR AS A MODIFICATION OF OR A SUBSTITUTE FOR ANY ITEM OF THE ORDINANCE OF ESTIMATES THAT THE AMENDMENT OR SUPPLEMENT AFFECTS.
(D) [(c)] Revenue ordinances.
(1) As soon as practicable after the passage of the Ordinance of Estimates, the City Council shall enact [such] THE revenue ordinances [as are] necessary to produce [sufficient] expected revenues, as estimated by the Board of Estimates, SUFFICIENT to [cover] MEET OR EXCEED the total anticipated expenditures authorized by the Ordinance of Estimates. The Council may adopt revenue sources or revenue rates other than those proposed by the Board; [and] in each [such] instance, HOWEVER, the estimate of the revenue to be yielded by [such] a source or rate shall be made by the Board of Estimates.
(2) The Board of Estimates [shall], AFTER taking into account any reductions and eliminations made by the City Council in the anticipated expenditures contained in the proposed Ordinance of Estimates and the revenues to be derived from all existing sources and from any new sources or new rates enacted by the City Council, SHALL certify to the Council the difference between the anticipated expenditures for the next fiscal year contained in the Ordinance of Estimates and all expected revenues other than from the full rate property tax. The Board shall then state a rate for the levy of full rate property taxes sufficient to realize the amount required to meet [the said] THAT difference.
(3) [and the] THE ordinance making the annual levy of full rate property taxes shall fix a rate [not less than] AT LEAST EQUAL TO that stated by the Board, so that it [shall] WILL not be necessary at any time for the City to create a floating debt to meet any deficiency, and it [shall] IS not [be] lawful for the City to create a floating debt for [any such] THAT purpose.
SECTION 2. AND BE IT FURTHER RESOLVED, That this proposed amendment to the City Charter be submitted to the legal and qualified voters of Baltimore City, for adoption or rejection, in accordance with Article XI-A, § 5 of the Maryland Constitution, in the form specified by the City Solicitor.
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dlr09-795~intro/09Sep09
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artvi/set tax rate/aa:me