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Session Laws, 1963
Volume 671, Page 1730   View pdf image (33K)
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1730                             LAWS OF MARYLAND                        [CH. 817

valuation shall be furnished the Commission by the County Commis-
sioners. When such surveys and estimates are completed, the Com-
mission shall give notice by publication in one or more newspapers
published within the County, once a week for three (3) successive
weeks and by handbills posted and circulated in the proposed sub-
district which notice shall specify the boundaries of the sub-district
and the urban service to be provided therein; together with the time
and place of hearing to be held, at which hearing those present shall
be informed of the contents of the engineering and financial surveys
and the probable cost of providing the service in the sub-district
including all fees and expenses. The Commission shall advise those
present at the hearing whether on the basis of the engineering and
financial surveys it believes the project is feasible from both engi-
neering and financial standpoints. The finding of fact and the deci-
sion of the Commission shall be final unless within forty-five (45)
days after the date of said hearing a petition signed by the owners of
twenty percent (20%) of the assessed valuation of the land (exclud-
ing the improvements thereon) lying within the proposed service area
is filed with the Commission requesting a vote on the proposal. Upon
receipt of a petition signed by the owners of twenty percent (20%)
of the assessed valuation of the land lying within the proposed sub-
district requesting a vote on the proposal, the Commission shall set
a time and place for the balloting, which place shall be within the
proposed sub-district. The Commission shall give public notice of
the time, place and hours of the balloting by publication in one or
more newspapers published within said County, once a week for
three (3) successive weeks and by notices posted in public places
within the proposed sub-district. The owners (eliminating mort-
gagees and considering joint owners or owners in common as one
person) of property lying within said proposed service area shall have
the right to vote for or against the proposed service, and for the pur-
pose of such balloting, each owner shall be entitled to cast one vote
for each $500.00 or majority fraction thereof, of assessed valuation
of this land, excepting therefrom the assessed valuation of all
improvements thereon, lying within the proposed sub-district and
further provided that each owner shall be entitled to cast at least
one vote and that each separately assessed parcel shall be a unit for
voting purposes. If a majority of the votes cast at such balloting are
in favor of the proposed urban service in the designated area, the
Commission shall take the further action necessary to provide the
service. If a majority of the votes cast are against the proposed
urban service in the designated area, the Commission shall take no
further action.

(b) By Petition.Whenever twenty (20) property owners resid-
ing in any locality in Wicomico County or if there are not twenty (20)
property owners in such locality, then twenty-five percent (25%) of
the owners therein shall petition the Commission to provide a speci-
fied urban service or services within an area (the boundaries whereof
shall be definitely stated in said petition), the Commission, if it
approves, shall cause to be made a preliminary engineering survey
of the project to determine the feasibility and probable cost of pro-
viding such area with the urban service or services requested in said
petition. The Commission shall prepare without cost to the peti-
tioners a preliminary estimate to determine the approximate cost
of providing such facilities. The Commission shall also submit an


 

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Session Laws, 1963
Volume 671, Page 1730   View pdf image (33K)
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