Montgomery County                           2713

(b) As soon as practicable after the authorization of any
road construction pursuant to this Section, the County Executive
shall forward to the County Council a written report recommending
proposed assessments based on the estimated cost of such construc-
tion. Such report shall describe the work to be done and shall state,
with particularity, what portion of the cost of such construction is rec-
ommended to be borne by the adjacent properties and what portion,
if any, of such cost is recommended to be borne by the County in
accordance with the provisions of the Road Construction Code in
force at the time. Such recommendations shall be based upon the
actual costs of publication of notices, the conduct of hearings, adver-
tising for bids, engineering and the anticipated costs of financing to
be incurred prior to the passage of the assessment resolution by the
Council. Such recommendations for the assessment of costs shall be
computed on the basis of linear frontage of such adjacent properties
except as otherwise provided in this Article and in the Montgomery
County Road Construction Code in effect at the time. The report
shall also contain an estimate of the amount in dollars of the portion
of cost to be borne by such adjacent properties.

Sec. 17. Section 24-34, Chapter 24, title "Streets and Roads," of
the Montgomery County Code 1965, is hereby repealed in its entirety
and a new Section 24-34 is hereby added in lieu thereof to read as
follows:

24-34. Same—Assessment of costs by County Council.

Upon completion of any road construction authorized pursuant
to Section 24-33 of this Code, the County Executive shall forward
his final recommendations for assessments to the Council. The Coun-
cil shall by resolution assess the costs thereof against the adjacent
properties pursuant to the Montgomery County Road Construction
Code in force at the time and subject to the limitations of Section
24-31 of this Code. Such assessments shall be computed on the basis
of the linear frontage of such properties except as otherwise pro-
vided in Section 24-37, of this Code, and in the Road Construction
Code. Any adjustments in the recommended assessments necessitated
by the actual cost of financing incurred prior to the adoption of the
assessment resolution being greater or less than the anticipated cost
of such financing shall be made prior to the adoption of the assess-
ment resolution. Nothing herein shall be construed to prohibit the
County Council from making any increase or decrease in recommended
assessments as it may find necessary in accordance with Section 24-31
and other provisions of law. Such assessment shall be final upon adop-
tion of the resolution; provided, that any person aggrieved by such
assessment may appeal within thirty (30) days after the date of
mailing of the notice thereof to the Circuit Court for Montgomery
County.