760

LAWS OF MARYLAND

Ch. 255

for general governmental purposes, which are subject to the
provisions of Article [11E] XI-E of the MARYLAND Constitution [of
Maryland), which possess legislative, administrative 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
conservation 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 theretofore conferred
upon the board, commission, authority or public corporation,
created or appointed in accordance with law, to administer any
such special tax area or district 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 subtitle 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 imposition 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 corporation shall be construed to divest any municipal
corporation exercising 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 services. The General
Assembly hereby finds, determines and declares that the term
"municipal corporation" in Article [11E] XI-E of the MARYLAND
Constitution [of Maryland] does not embrace or include any such
special tax area or district or the board, commission, authority
or public corporation administering the same.

(c) A municipal corporation which is subject to the
provisions of Article [11E] XI-E OF THE MARYLAND CONSTITUTION may
not amend its charter or exercise its powers of annexation,
incorporation or repeal of charter as to affect or impair in any
respect the powers relating to sanitation, including sewer, water
and similar facilities, and zoning, of the Washington Suburban
Sanitary Commission or of the Maryland-National Capital Park and
Planning Commission. Except that where any area is annexed to a
municipality authorized to have and having then a planning and
zoning authority, the municipality shall have exclusive
jurisdiction over planning and zoning and subdivision control
within the area annexed; provided nothing in this exception shall