5814

MUNICIPAL CHARTERS

RESOLUTION NO. 81

RESOLUTION of the Mayor and City Council of Cumberland,
Maryland, adopted pursuant to the authority of Article XI-E
of the Constitution of the State of Maryland and Sections 13
and 44 of Article 23A of the Annotated Code of Maryland
(1973 Replacement Volume), entitled "A RESOLUTION TO AMEND
SECTION 236 OF THE CHARTER OF THE CITY OF CUMBERLAND (1966
EDITION, AS AMENDED), BEING ARTICLE 1A OF THE CODE OF PUBLIC
LOCAL LAWS OF MARYLAND, TO AUTHORIZE THE LEVY OF TAXES UPON
PROPERTIES IN THE SPECIAL TAXING DISTRICT TO PROVIDE FUNDS
FOR THE PAYMENT OF THE COSTS OF OPERATION OF A PEDESTRIAN
MALL WITHIN THE CENTRAL BUSINESS DISTRICT."

WHEREAS on June 27, 1973 the Mayor and City Council of
Cumberland sold $3,000,000 Cumberland Parking Facilities
Bonds of 1973 pursuant to the authority of Ordinance No.
2742 passed June 5, 1973, for the public purpose of
financing the development and construction of two municipal
parking garages and related facilities in the City's central
business district; and

WHEREAS the Cumberland Parking Facilities Bonds of 1973
are, and were sold as, general obligations of the City to
the payment of both the principal of and interest on which
the full faith and credit and unlimited taxing power of the
City are irrevocably pledged; nevertheless, under the terms
of Section 7 of Ordinance No. 2742, fees and rentals charged
and collected in connection with the use of the parking
facilities were intended to be fixed so as to meet the debt
service requirements of the Bonds, to the end that the
parking facilities might be self-supporting, thus obviating
any requirement for the expenditure of general tax revenues
to pay any interest on or principal of the Bonds; and

WHEREAS after the completion of one six-level parking
garage containing 444 parking spaces, sometimes called the
"Municipal Parking Garage", the Cumberland Municipal Parking
Authority determined that it would not be feasible to
construct a second garage facility; and

WHEREAS by Ordinance No. 2819 passed November 22, 1977,
Ordinance No. 2742 was amended to authorize the application
of unexpended proceeds of the Cumberland Parking Facilities
Bonds of 1973 in an amount up to $1,000,000 for the public
purpose of financing the construction of a pedestrian mall,
sometimes referred to as the "Cumberland Mall", to be
located in the vicinity of the planned parking facilities
and to be a part of the City's overall program for the
improvement and continued development of the central
business district; and

WHEREAS Section 236 of the Charter of the City (added
by Charter Amendment Resolution No. 69, effective April 13,
1977) authorizes the Mayor and City Council to create a
Special Taxing District and to levy ad valorem taxes on