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Session Laws, 1967
Volume 681, Page 1418   View pdf image (33K)
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1418                            LAWS OF MARYLAND                      [CH. 658

public utility or public agency and be used, operated, maintained and
managed by it as part of such system.

(1)  Subject to any rules, regulations or tariffs applicable to any
such public utility or public agency, such agreement
may SHALL
also provide, among other things, for any of the following: the sup-
plying or approval by the public utility or public agency of plans and
specifi- cations; a contribution of labor, materials or money by the
public CATIONS; THE SUPPLYING OR APPROVAL OF LABOR
OR MATERIALS BY THE PUBLIC utility or public agency; the
performance by the public utility or public agency of all or part of
the work or improvement; payment to said public utility or public
agency for any work or improvement performed or service rendered
by it.

(2)  Any such agreement shall be made prior to the adoption of
the resolution ordering the work. If the proceedings are abandoned,
the agreement shall be given no further force or effect and engi-
neering and other preliminary expenses in excess of $2,500.00 in-
curred by the public utility or public agency shall be reimbursed
to it by the petitioners. To the extent that the agreement provides
that all or any part of the work or improvement is to be performed
by the public utility or public agency, any charter or statutory pro
-
visions requiring competitive bidding shall be inapplicable
ENGI-
NEERING AND OTHER PRELIMINARY EXPENSES OF LESS
THAN $2,500 INCURRED BY THE PUBLIC UTILITY OR PUB-
LIC AGENCY SHALL NOT BE REIMBURSED TO THE PUBLIC
UTILITY OR PUBLIC AGENCY BY THE PETITIONERS OR BY
THE COUNTY OR THE INCORPORATED MUNICIPALITY, IF
THE PROCEEDINGS ARE ABANDONED. IF A CONVERSION
DOES TAKE PLACE, ANY ENGINEERING OR OTHER PRE-
LIMINARY EXPENSES INCURRED BY THE PUBLIC UTILITY
OR PUBLIC AGENCY SHALL BE INCLUDED AS PART OF THE
COST OF THE CONVERSION.

(3)  Such agreement shall not be effective until approved by the
Public Service Commission, which shall conduct such proceedings
as it shall in its discretion deem appropriate to determine whether
such agreement is m the public interest, and shall issue its order
approving such agreement, disapproving such agreement or approv-
ing such agreement subject to prescribed conditions.

(i) If the work or improvement consists solely of a conversion,
and such work or improvement is performed by a public utility or

public agency, the resolution of intention shall provide that (a) the
warrant, assessment and diagram or (b) any bonds issued or to be
issued to represent unpaid assessments, or both (a) and (b), shall
be sold as the legislative body directs. The purchaser, and any suc-
cessors, shall thereupon have the same rights and liens as the con-
tractor to collect and enforce the assessments and all bonds issued
to represent unpaid assessments. If the work and improvement con
-
sists, in part, of a conversion and, in part of other types of work or
improvement under this article, the legislative body may provide in
the resolution of intention that the costs and expenses of conversion
shall constitute part of the incidental expenses to be advanced to the

county or incorporated municipality by the contractor and to be in-
cluded in the assessment. Any payments made upon assessments,

any proceeds from the sale of the warrant, assessment and diagram
or bonds and any incidental expenses so advanced to the county or


 

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Session Laws, 1967
Volume 681, Page 1418   View pdf image (33K)
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