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Session Laws, 1990 Session
Volume 436, Page 167   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 6

manner that conforms to normal industry practice. In this regard, the Department alone
shall be responsible, in its own discretion, for negotiating any changes in the
construction contract and for determining when the project is satisfactorily complete in
all respects.

[(5)] (6) On completion of the project, the Department shall:

(I) [endorse] ENDORSE any property owner's cash contribution to
the credit of the contractor[,]; and

(II) [shall pay] PAY the balance due the contractor from the Fund.

[(6)] (7) Within 30 days of completion of the project, the Department
shall certify to the Board of Public Works the net project construction cost. The Board
of Public Works shall levy a benefit charge in accordance with the provisions of
[Section] § 8-1006 of this subtitle.

(f) Any county or any municipal corporation may borrow interest-free funds
from the Fund for any approved project without the project construction cost limitation
stated in this section. The county[,] or municipal corporation shall repay the funds at a
uniform rate over a period not exceeding 25 years as stated by agreement between the
State and county or municipal corporation.

(b) The Department shall [promulgate] ADOPT regulations establishing
procedures and technical standards for the procurement of design and construction
services by a property owner.

8-1006.

(b) Annual installments shall be due beginning on the first day of July following
levy of the benefit charge by the Board of Public Works, and each July 1 [thereafter]
AFTER THAT DATE until the benefit charge is paid totally. If not paid within 90 days
of its due date, an installment shall be in default and shall bear interest at the rate of 2
[percent] % a month from the time of default. The Department shall be responsible for
collection of annual installments.

(c) A benefit charge assessed under this subtitle shall be a lien on the real
property against which [it] THE BENEFIT CHARGE is assessed, and shall be subject
to collection in the manner specified for foreclosure of mortgages. Any annual
installments in default shall be a first lien on the benefited property, subject only to
prior State, county, or municipal real property taxes. The outstanding balance of a
benefit charge shall be afforded normal lien priority, except that the Department may
agree in writing to grant precedence to a subsequent mortgage or deed of trust if
necessary for refinancing, transfer, or improvement of a benefited property.

(d) Annual installments shall be a personal obligation of the owner of a
benefited property at the time [such] THE installments become due. Sale of a benefited
property may not extinguish a lien under this subtitle, and the purchaser [shall] in all
instances SHALL take the property subject to any outstanding balance of the total

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Session Laws, 1990 Session
Volume 436, Page 167   View pdf image (33K)
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