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Session Laws, 1959
Volume 642, Page 373   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                            373

disposal, storm drainage and surface water drainage, curbing and
guttering, street lighting, police protection, fire protection, and
garbage and trash collection and disposal
in the areas where said
Commission deems it necessary for the health, safety and welfare
of the residents living in such areas by causing surveys to be made
of the proposed district or districts and by preparing a complete
engineering and financial report which shall include the estimated
assessed property valuation as fixed for county taxation within the
proposed [sanitary] district, which estimated assessed valuation
shall be furnished the Commission by the County Commissioners.
When such surveys and estimates are completed the Commission shall
give notice by publication in one or more newspapers published with-
in the County, once a week for three (3) successive weeks, and by
handbills posted and circulated in the proposed [sanitary] district
or districts, which notice shall specify the proposed area to be in-
cluded in said [sanitary] district or districts, together with the time
and place of hearing to be held, at which hearing those present shall
be informed of the contents of the engineer's survey and the probable
cost of establishing said district or districts. [If, on a vote, a majority
of the owners of property present at said hearing vote to approve the
establishment of said sanitary district or districts, then the area
described in said survey shall be and become a sanitary district or
districts for the service or services approved at said meeting. If ten
(10) property owners residing in said area] The owners (eliminating
mortgagee (s), and considering joint owners or owners in common
as one person) of property lying within said proposed district or
districts shall have the right to vote for or against the establishment
thereof, and for the purpose of such balloting, each such owner shall
be entitled to cast one vote for each $500.00, or majority fraction
thereof, of assessed valuation of his property lying within said pro-
posed district or districts, if a majority of the votes cast at said
hearing are in favor of the establishment of said district or districts,
then the area described in said survey shall be and become a district
or districts for the service or services approved at said meeting. If
twenty per cent (20%) of said owners of property lying within
proposed district or districts
are dissatisfied with the establishment
of the district by the Commission after said hearing, they shall have
the right to take and enter within ten (10) days after said Com-
mission's decision is filed with the Clerk of the County Commissioners
an appeal to the County Commissioners of Wicomico County.

(b) The County Commissioners of Wicomico County shall review
the decision of the Commission after having given notice by publica-
tion in one or more newspapers published within the county once
a week for three (3) successive weeks and by written notice to the
protestants, which notice shall specify the time and place at which
the hearing will be held. The County Commissioners after reviewing
the facts at said hearing may, in their discretion, reverse the decision
of the Commission or may sustain the decision of the Commission.
If the said property owners are dissatisfied with the order of said
County Commissioners, they shall have the right to take and enter
within thirty (30) days after the decision of said County Commis-
sioners an appeal to the Circuit Court for Wicomico County. In the
event no appeal is taken from the decision of the Commission approv-
ing said district or in the event the County Commissioners and the
Court, if such an appeal is taken thereto, rule that said [sanitary]
district is necessary for the health, welfare and safety of the resi-

 

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Session Laws, 1959
Volume 642, Page 373   View pdf image (33K)
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