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Session Laws, 1957
Volume 640, Page 661   View pdf image (33K)
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Theodore R. McKeldin, Governor                    661

18.     (Planning, Subdivision and Zoning Laws)—Construction of
facilities and projects by the Authority shall be subject to the plan-
ing, subdivision, zoning laws and regulations of the County and/or
any planning commissions under whose authority such regulations
are in effect.

19.     (Inspections and Building Permits)—Projects or facilities
constructed by the Authority shall be built in accordance with the
laws, rules and regulations of Montgomery County including the
obtaining of building permits where such are required, and the pay-
ment of permit fees, and shall be subject to such other inspections
and controls pertaining to the health, safety, and welfare of the
citizens of Montgomery County as are now or hereafter in effect.

20.     (COST OF RELOCATING UTILITIES). WHERE CON-
STRUCTION OF A PROJECT NECESSITATES THE RELOCA-
TION OF THE FACILITIES OF ANY PUBLIC UTILITY,
WHETHER SUCH UTILITY BE PUBLICLY, PRIVATELY OR
COOPERATIVELY OWNED, THE AUTHORITY SHALL PAY
THE COST OF REMOVAL OF THE FACILITIES FROM THE
PROPERTY OF THE AUTHORITY AND THE COST OF RELO-
CATION THEREOF, INCLUDING REPAIR OF THE AREA DIS-
TURBED BY THE REMOVAL, BUT SHALL NOT BE REQUIRED
TO PAY THE COST OF RECONSTRUCTING THE FACILITIES
AT A NEW LOCATION. THE AUTHORITY MAY ALSO CON-
TRACT WITH THE UTILITY TO PAY PART OR ALL OF THE
COST OF RECONSTRUCTING THE FACILITIES AT A NEW
LOCATION WHEN JUSTICE AND THE PUBLIC INTEREST
WILL BE SERVED. THE TERM "COST OF RELOCATION"
SHALL INCLUDE THE ENTIRE AMOUNT PAID BY SUCH
UTILITY PROPERLY ATTRIBUTABLE TO SUCH RELOCA-
TION, INCLUDING THEREIN AND LIMITED TO, REMOVAL,
TRANSPORTATION OF FACILITIES AND EQUIPMENT AND
PROCUREMENT OF A NEW SITE OR SITES. AFTER DEDUCT
ING THEREFROM ANY INCREASE IN VALUE REPRE-
SENTED BY THE NEW FACILITIES AND ANY SALVAGE
VALUE DERIVED FROM THE OLD FACILITIES.
IN DETER-
MINING ANY INCREASE IN VALUE REPRESENTED BY THE

NEW FACILITIES CONSIDERATION SHALL BE GIVEN TO
DEPRECIATION IN VALUE OF THE OLD FACILITIES.

Sec. 2. Alternative Method. The provisions of this Act shall be
deemed to provide an additional and alternative method for the
doing of the things authorized hereby and shall be regarded as sup-
plemental and additional to powers and conferred by other laws and
shall not be regarded as in derogation of any powers now existing,
and such provisions shall be liberally construed to effect the purposes
thereof.

Sec. 3. And be it further enacted, That the provisions of this
Act are severable, and it is the intention to confer the whole or any
part of the powers herein provided for, and if any of the provisions
of this Act shall be held unconstitutional by any court of competent
jurisdiction, the decision of such court shall not affect or impair any
of the remaining provisions of this Act. It is hereby declared to be
the legislative intent that this Act would have been adopted had
such unconstitutional provisions not been included therein.

 

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Session Laws, 1957
Volume 640, Page 661   View pdf image (33K)
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