448                               Laws of Maryland                      [Ch. 333

PROVIDED THE CONSENT OR APPROVAL OF THE BOARD,
COMMISSION, AUTHORITY OR PUBLIC CORPORATION
HAVING JURISDICTION IS FIRST HAD AND OBTAINED.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sub-section (a) of Section 9 of Article 23A of the Annotated
Code of Maryland (1957 Edition), title "Corporations—Municipal",
sub-title "Home Rule", sub-heading "Definitions and Limitations",
be and it is hereby repealed and re-enacted, with amendments, to
read as follows:

(a) "Municipal corporation" defined; construction of article and
certain local laws,—As used in this sub-title the term "municipal
corporation" shall include all cities, towns and villages, now or here-
after created under any general or special law of this State for general
governmental purposes, which are subject to the provisions of Article
HE of the Constitution of Maryland, which possess legislative, ad-
ministrative and police powers for the general exercise of municipal
functions, and which carry on such functions through a set of elected
and other officials. The term is not to include any special tax area
or district, sanitary district, park or planning district, soil conserva-
tion district or other public agency exercising specific powers within
a defined area but which does not exercise general municipal functions
and the term is not to include the mayor and city council of Baltimore.
Nothing herein contained shall be construed to confer upon any
municipal corporation, as herein defined, located within any such
tax area or district, the power by incorporation, charter amendment,
annexation or otherwise to exercise or perform, divest or duplicate,
within its corporate limits any of the special powers or duties there-
tofore conferred upon the board, commission, authority or public
corporation, created or appointed in accordance with law, to ad-
minister any such special tax area or district without the consent or
approval of such board, commission, authority or public corporation,
EXCEPT THAT, SUBJECT TO THE CONSENT OR APPROVAL
OF THE BOARD, COMMISSION, AUTHORITY OR PUBLIC
CORPORATION HAVING JURISDICTION, ANY MUNICIPAL
CORPORATION MAY PROVIDE WITHIN ITS CORPORATE
LIMITS PARKS, GARDENS, PLAYGROUNDS AND OTHER
RECREATIONAL FACILITIES, nor shall any provision of this
sub-title be construed to empower any municipal corporation as
herein defined, by incorporation, charter amendment, annexation,
or otherwise, to exclude the area within its corporate limits
from the levy of taxes upon property in such area or the imposi-
tion therein of special benefit assessments or service charges
for the support of any such board, commission, authority or
other public corporation. No local law conferring special powers
or duties on any such board, commission, authority or public cor-
poration shall be construed to divest any municipal corporation ex-
ercising the same powers or performing the same duties within its
corporate limits, in accordance with law, of its right to continue the
exercise of such powers or the performance of such duties, it being
the intent hereof to avoid duplication in the rendition of public ser-
vices. The General Assembly hereby finds, determines and declares
that the term "Municipal corporation" in Article HE of the Con-
stitution of Maryland does not embrace or include any such special

9.