Montgomery County                               2611

March Legislative Session 1969

Chapter 9
(Bill No. 7-69)

An Act to repeal and reenact, with amendments, Section 36-2,
Chapter 36, title, "Hyattstown," of the Montgomery County Code
1965, to eliminate the maximum authorized tax rate and to state a
time in which the Hyattstown Volunteer Fire Department, Inc., must
certify their operating and capital budget requests to the County
Council.

Be It Enacted by the County Council for Montgomery County, Maryland,
that—

Section 1. Section 36-2, Chapter 36, title "Hyattstown," of the Mont-
gomery County Code 1965, is hereby repealed and reenacted, with amend-
ments, to read as follows:

"Sec. 36-2. Annual levy; treasurer's duties; bond.

"The council is hereby authorized and empowered, for the fiscal year
1950-51 and each fiscal year thereafter, to levy annually against all the
real and personal property assessed for county tax purposes within the
area described in section 36-1 of this Code, a tax at a rate on each one
hundred dollars of the assessed value of the property, which shall be
determined, levied, collected and paid over in the following manner: The
Hyattstown Volunteer Fire Department, Inc., shall determine the amount
necessary to be raised for the ensuing year to maintain, equip and operate
the fire department, and shall thereupon certify the same to the council,
together with its proposed operating and capital budget no later than
February 15 of each year; the council levy shall produce an amount that
may appear to them as sufficient for the purposes, provided that the
council shall not levy such tax at a rate which would produce less than
the amount so certified by the Hyattstown Volunteer Fire Department,
Inc., as necessary to maintain, equip and operate the fire department,
without a previous public hearing to determine the necessity of any pro-
posed reduction of the amount so certified by the fire department. The
proceeds of such tax shall be paid annually, in installments every sixty
days, to the Hyattstown Volunteer Fire Department, Inc., or its successor,
upon the treasurer of the fire department giving a bond to the county,
to be approved by the county manager and the county attorney in a penal
sum to be fixed by them, conditioned upon the faithful discharge of the
duties of the treasurer. From the funds so received, the treasurer shall
pay only such costs, expenses, claims and demands as are necessary and
proper to maintain, equip and operate the fire department and upon demand
of either the council, county manager or the director of finance, he shall
report all expenditures from the funds."

Section 2. This Act shall take effect on the 76th day following its
enactment.

Certified correct as passed.
President
Secretary