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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 220   View pdf image (33K)
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220 ARTICLE 2A

such determination and deny the petition. If the committee shall deter-
mine that the continued operation of such district is not administratively
practicable and feasible, it shall record such determination and shall certify
such determination to the supervisors of the district. In making such de-
termination the committee shall give due regard and weight to the atti-
tudes of the occupiers of lands lying within the district, the number of
land occupiers eligible to vote in such referendum who shall have voted,
the proportion of the votes cast in such referendum in favor of the discon-
tinuance of the district to the total number of votes cast, the approximate
wealth and income of the land occupiers of the district, the probable
expense of carrying on erosion control operations within such district, and
such other economic and social factors as may be relevant to such deter-
mination, having due regard to the legislative findings set forth in Section
46 of this Article; provided, however, that the committee shall not have
authority to determine that the continued operation of the district is ad-
ministratively practicable and feasible unless at least a majority of the
votes cast in the referendum shall have been cast in favor of the con-
tinuance of such district.

Upon receipt from the State Soil Conservation Committee of a certifica-
tion that the committee has determined that the continued operation of the
district is not administratively practicable and feasible, pursuant to the
provisions of this section, the supervisors shall forthwith proceed to ter-
minate the affairs of the district. The supervisors shall dispose of all prop-
erty belonging to the district at public auction and shall pay over the
proceeds of such sale to be covered into the State treasury. The supervisors
shall thereupon file an application, duly verified, with the Secretary of
State for the discontinuance of such district, and shall transmit with such
application the certificate of the State Soil Conservation Committee set-
ting forth the determination of the committee that the continued operation
of such district is not administratively practicable and feasible. The ap-
plication shall recite that the property of the district has been disposed of
and the proceeds paid over as in this section provided, and shall set forth
a full accounting of such properties and proceeds of the sale. The Secre-
tary of State shall issue to the Supervisors a certificate of dissolution and
shall record such certificate in an appropriate book of record in his office.

Upon issuance of a certificate of dissolution under the provisions of this
section, all ordinances and regulations theretofore adopted and in force
within such districts shall be of no further force and effect. All contracts
theretofore entered into, to which the district or supervisors are parties,
shall remain in force and effect for the period provided in such contracts.
The State Soil Conservation Committee shall be substituted for the district
or supervisors as party to such contracts. The committee shall be entitled
to all benefits and subject to all liabilities under such contracts and shall
have the same right and liability to perform, to require performance, to
sue and be sued thereon, and to modify or terminate such contracts by
mutual consent or otherwise, as the supervisors of the district would have
had. Such dissolution shall not affect the lien of any judgment entered
under the provisions of Section 55 of this Article, nor the pendency of
any action instituted under the provisions of such section, and the com-
mittee shall succeed to all the rights and obligations of the district or
supervisors as to such liens and actions.

The State Soil Conservation Committee shall not entertain petitions for
the discontinuance of any district nor conduct referenda upon such peti-


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 220   View pdf image (33K)
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