Baltimore County v. Mayor of Baltimore

621 A.2d 864, 329 Md. 692, 1993 Md. LEXIS 41
CourtCourt of Appeals of Maryland
DecidedMarch 25, 1993
Docket77, September Term, 1992
StatusPublished
Cited by12 cases

This text of 621 A.2d 864 (Baltimore County v. Mayor of Baltimore) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baltimore County v. Mayor of Baltimore, 621 A.2d 864, 329 Md. 692, 1993 Md. LEXIS 41 (Md. 1993).

Opinion

KARWACKI, Judge.

This appeal arises out of a dispute between the Mayor and City Council of Baltimore (“the City”) and Baltimore County (“the County”) over the method for calculating the cost to the City of supplying water to consumers in Baltimore County. On August 22, 1991, that issue was resolved by an arbitration board, which also ruled that the new method of determining the City’s costs should be employed retroactively. The arbitrators directed that the parties compute the additional cost due the City under the new method from July 1, 1983 through June 30, 1990, within sixty days of their decision. They then directed that the County pay that amount to the City together with interest at 6%, which would begin to run sixty days from the date of their decision.

The County moved to vacate the retroactive portion of the award. When the Circuit Court for Baltimore County (John F. Fader, II, J.) denied that motion and confirmed the arbitration award in its entirety on motion by the City, the County appealed to the Court of Special Appeals. Prior to consideration of the case by the intermediate appellate court, we granted the City’s petition for certiorari.

I.

Baltimore City provides water for certain consumers in Anne Arundel County, Baltimore County, Carroll County, Howard County, and has recently entered into an agreement to provide raw water from its reservoirs to parts of Harford County at some point in the future. As of June, 1990, the City’s system served over 1.5 million people and serves approximately 97 billion gallons of water annually. Approximately 56 percent of usage is within the City. The remaining 44 percent is used in the surrounding counties. *695 The City has estimated that by the year 2000 the City will use only 50 percent of the water and will continue to reduce its share as that of the counties which it serves expands. The City’s water demand has declined from 161.7 million gallons per day in 1950 to 138.9 million gallons per day in 1988. Baltimore County’s demand has increased from 17.7 million gallons per day in 1950 to 101.3 million gallons per day in 1988. This shift is further reflected on a volumetric percentage basis. In 1950, the City used 89.9 percent of the total system demand, while the County used 9.8 percent. In 1988, the City used 52.5 percent compared to the County’s 38.3 percent.

The City began providing water to Baltimore County in the early part of this century. In 1918, the City extended its geographical boundaries by annexation, encompassing parts of the County which in the past had been supplied water by nine separate private water companies. Because the private systems were incompatible with the City’s system, the City was required to make extensive upgrades of the previously privately owned systems at its own expense. In 1922, the General Assembly enacted the first legislation permitting the County to connect into the City’s water mains at the County’s expense to serve those communities in the County adjacent to the City line. Ch. 526 of the Acts of 1922. The charge to the County for this service was the sum of the actual cost of delivering the water to connection points and the actual cost of water purification plus a five percent mark up based on costs determined by the Public Service Commission.

Chapter 539 of the Acts of 1924, the Metropolitan District Act, was enacted, creating the Metropolitan District of Baltimore County contiguous to the City. Under that Act, the City was required to extend, at cost plus overhead, water supply lines into the metropolitan district as requested by the County. Operating control was vested in the City with authority to establish rates for consumers in that district with approval of the Public Service Commission.

*696 In 1931, a jointly sponsored cost study of the water system was completed by Ezra B. Whitman for the City and Dr. Abel Wolman for the County. The study recommended that cost allocation for both fixed and variable costs be placed on a volumetric basis with fixed costs determined at original cost, reflected by outstanding indebtedness. The volumetric allocation was thought appropriate because the County customers used only two percent of the system’s water.

In 1945, the General Assembly repealed and reenacted with amendments the Metropolitan District Act, which had been codified as Article 3, § 329 et seq. of the Public Local Laws of Maryland (1930). As amended, § 332(c) of the Act provided:

“The Mayor and City Council of Baltimore shall furnish water to the Metropolitan District of Baltimore County at cost and entirely without profit or loss. The [County] Commissioners and the Mayor and City Council of Baltimore shall, from time to time, determine by agreement, if possible, the costs to Baltimore City of furnishing water to consumers in the Metropolitan District of Baltimore County. If no agreement is reached, then cost shall be determined by arbitration in the manner herein provided in Section 329.[ 1 ] Cost, however, determined, shall be subject to revision from time to time by agreement of the respective authorities, or by arbitration on the demand of either of them.” 2

The development boom in the County in the years following World War II led to water shortages within the metropolitan district and prompted the formation of the Board of *697 Advisory Engineers on Future Water Supply in 1951. In 1953, that Board reported that the water shortages were not of recent origin, but rather were the result of poor supply conditions in the County dating from before the time the City began operating the water distribution systems which had been privately owned. The study group found that the capacity of the City-financed extension of feeder mains built into the County to interconnect and reinforce the water distribution systems in and out of the County communities was being outstripped by the area’s residential and industrial growth. The Susquehanna River Supply project was undertaken to address the recommendations of the report which lamented:

“[I]f the Baltimore water distribution system is not immediately improved so that suitable water pressure can be maintained under peak demand conditions, the expected industrial development commensurate with the obvious industrial potential will not materialize. New industries will be discouraged and expansion of present manufacturing and processing plants will be deterred.”

After the enactment of Chapter 1017 of the Acts of 1945, supra, the City and the County had agreed informally on the method for determining the cost to the City of furnishing water to County residents, modifying the determination from time to time. On September 20, 1972, the accumulated informal understandings were memorialized in a formal agreement apportioning responsibility for operation and repair of the total water system. Under the 1972 Agreement, a debt service method was employed to determine the City’s cost of supplying water to consumers in the metropolitan district.

Shortly after execution of the 1972 Agreement, the then chief of the Water Engineering Division of the City expressed dissatisfaction with its terms.

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621 A.2d 864, 329 Md. 692, 1993 Md. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baltimore-county-v-mayor-of-baltimore-md-1993.