MONTGOMERY COUNTY. 3661

count to be known as the "Special Improvement Fund" and shall be bor-
rowed for no longer period than shall be sufficient to collect the special
assessments provided for; said certificates of indebtedness shall be full
and complete general obligations of the Town of Takoma Park and shall
be payable first from the special assessments levied under the provisions
of this section; and in the event of any deficiency occurring in the amount
received from said special assessment, the Council shall and it is hereby
directed to make up such deficiency by paying the same from the general
revenues of the town. Certificates of indebtedness herein authorized may
be issued at the discretion of the Council and without being submitted to a
vote of the taxpayers.

(H) If after 10 years following the construction of any public im-
provement it be necessary, in the judgment of the Mayor and Council, to
reconstruct said work or to make permanent repairs thereto, such recon-
struction or repairs may be authorized and directed by the Council Under
the provisions of this section and all or any part of the cost thereof assessed
in accordance herewith. This section shall be applicable to any existing
public work.

1929, ch. 169, sec. 13.

966. (A) Whenever the Council shall, by ordinance, provide for
establishing any public park, or for establishing, opening, widening, ex-
tending or altering any street, avenue, alley, route, for sewer or water
pipes, for constructing water-works, or for carrying out any other powers
granted by its Charter, and it becomes necessary to take private property
for such public use, just compensation shall be paid to the owner or owners
thereof, which shall be ascertained and assessed by three disinterested com-
missioners, who shall be qualified voters of the town and who shall be
selected by the Mayor. Such proceedings shall be conducted by the
Mayor, or in his absence or inability to act, or in case he be interested,
then by some disinterested member of the Council designated by him;
and while in the discharge of such duty the person conducting the same
shall have and exercise the powers of the circuit court for the preserva-
tion of order and enforcing process issued in the course of the proceed-
ings, and may summon and compel the attendance of witnesses and jurors,
preside at the investigation, pass on the competency of evidence, and
instruct the commissioners as to the law.

(B) When any ordinance shall provide for taking private property, for
any public use, it shall describe said property and prescribe the limits
within which private property shall be deemed benefited by the proposed
improvement, and be assessed, and charged to pay compensation therefor,
with a description of the propertj so benefited. The Mayor or member
of the Council designated as above provided, shall thereupon appoint a
day and place for impaneling the commissioners to ascertain the compen-
sation for the property to be taken, and issue a notice under his. hand
and the seal of the town, which shall give the names of the owners at the
115