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Session Laws, 1961
Volume 654, Page 355   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                            355

in their next annual levy, include a tax on all land and improvements
assessed for County tax purposes within said sub-district, in rate
and amount sufficient to pay the Commission for such estimated
costs, which tax shall be levied and collected and have the same
priority right, bear the same interest and penalties, and in every
respect be treated as County taxes. The County Treasurer shall credit
to the Commission said tax funds as collected.

(b) Surveys.—After the Commission has been credited with the
expense to be incurred in the preparation of the surveys, plans,
engineers' reports and estimates, then the Commission shall cause
to be prepared such surveys, plans, engineers' reports and estimates,
and after the completion of the same the Commission shall give notice
by publication in one or more newspapers within the County, and by
handbills posted and circulated in the locality where said proposed
facilities are contemplated, which notice shall specify the proposed
area to be served and the proposed urban service or services to be
furnished therein, together with the time and place of a hearing
to be held, at which hearing a complete report shall be made as to
the probable cost of the facilities contemplated. If the probable
cost of the proposed facilities, plus the unamortized balance of the
cost of facilities theretofore installed in said sub-district by the
Commission, is estimated to exceed [fifteen per centum (15%)]
twenty-five per centum (25%) of the assessed property value as
fixed for County taxation purposes in said area, or if the project
is not feasible from an engineering or financial standpoint, then the
Commission may, in its discretion, by written order, deny the
petition. Such order shall be published in one or more newspapers
in the County, and by handbills posted and circulated within the
sub-district involved. If ten (10) of the petitioners, as referred to in
this section, are dissatisfied with the order of the Commission, they
shall have the right to take and enter, within ten (10) days after the
first publication of said order as above provided, an appeal to the
County Commissioners of Wicomico County, who shall review, after
due notice of hearing, the Commission's decision. If the County
Commissioners shall find that the cost of installing such facilities,
plus the unamortized balance of the cost of facilities theretofore
installed in said sub-district by the Commission, will not exceed
[fifteen per centum] twenty-five per centum (25%) of the assessed
property value as fixed for County taxation purposes within said area,
and if they find that the proposed project is feasible from an engineer-
ing and financial standpoint, and if in addition thereto they shall
find that it is to the best interest of the sub-district involved that such
facilities be installed, they may in their discretion reverse the de-
cision of the Commission, in which event they may direct the Com-
mission to proceed with the installation of such facilities as may be
ordered by the County Commissioners; and the decision of the County
Commissioners shall be final.

Sec. 2. And be it further enacted, That this Act shall take effect

June 1, 1961.

SEC. 2. AND BE IT FURTHER ENACTED, THAT THIS
SECTION IS HEREBY DECLARED TO BE AN EMERGENCY
MEASURE AND NECESSARY FOR THE IMMEDIATE PRES-
ERVATION OF THE PUBLIC HEALTH AND SAFETY, AND
HAVING BEEN PASSED BY A YEA AND NAY VOTE SUP-
PORTED BY THREE-FIFTHS OF THE MEMBERS ELECTED

 

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Session Laws, 1961
Volume 654, Page 355   View pdf image (33K)
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