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Session Laws, 1990 Session
Volume 436, Page 1224   View pdf image (33K)
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Ch. 369 LAWS OF MARYLAND

stormwater management programs in the stormwater management district.

(d) (1) (I) All property of the WSSC that the WSSC and the applicable
county mutually determine to be primarily used for stormwater management is deemed
transferred effective July 1, 1987, to the counties as provided in this section[, and the].

(II) ALL PROPERTY OF THE WSSC THAT THE WSSC AND
THE CITY OF TAKOMA PARK MUTUALLY DETERMINE TO BE PRIMARILY
USED FOR STORMWATER MANAGEMENT IS DEEMED TRANSFERRED
EFFECTIVE JULY 1, 1990, TO THE CITY OF TAKOMA PARK AS PROVIDED IN
THIS SECTION.

(III) THE WSSC shall execute any instruments of transfer as are
necessary to evidence the transfers:

[(i)] 1. All real and personal property, including without limitation
all fees, leaseholds, easements, rights-of-way, buildings, fixtures, systems, and
equipment, owned or held by the WSSC for the primary purpose of stormwater
management is transferred to the county OR TO THE CITY OF TAKOMA PARK in
which the property is located or affixed; and

[(ii)] 2. All tangible and intangible personal property, including
without limitation all equipment, construction materials, fees, fees-in-lieu,
contributions, reserve funds, sinking funds, contracts, agreements, claims, demands, and
actions, owned or held by the WSSC for the primary purpose of stormwater
management is transferred to the county OR TO THE CITY OF TAKOMA PARK in
which is located the real property to which the personal property relates, or if unrelated
to specific property, is transferred in proportion to the real property acreage
transferred to each county OR TO THE CITY OF TAKOMA PARK under this
section.

(2) Notwithstanding this subsection, the WSSC shall retain sufficient funds
to pay for debt service accruing prior to October 1, 1987, on outstanding bonds issued
by WSSC for stormwater management and the undepreciated cost of the moveable
assets transferred.

(3) The transfer of this property does not impair in any manner the rights
of holders of bonds issued by the WSSC for stormwater management or the
responsibility of the WSSC for the repayment of the bonds or the responsibility of the
counties to levy taxes for or otherwise guarantee the repayment of the bonds. THE
CITY OF TAKOMA PARK IS NOT RESPONSIBLE FOR PAYMENT TO THE
WSSC FOR DEBT SERVICE ON ANY BONDS ISSUED BY THE WSSC
OUTSTANDING ON JUNE 30, 1990.

(e) Each county AND THE CITY OF TAKOMA PARK are responsible for the
maintenance of stormwater management systems or parts of the systems located within
their stormwater management district and transferred to them under this section.

(f) The WSSC and any municipality in Prince George's County and
Montgomery County shall permit the county to enter and exit over any of the fees,

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Session Laws, 1990 Session
Volume 436, Page 1224   View pdf image (33K)
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