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Session Laws, 1970
Volume 695, Page 2743   View pdf image
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Howard County                                   2743

notice of the intention to purchase said property in a newspaper or news-
papers published within said county where the properties are located and
each person having any claim whatsoever against said properties shall
file his or her claim with said Director of Public Works on or before the
expiration date mentioned in said notice, at which time any and all
persons will be heard and their rights determined by the Director of Public
Works, which said hearing shall be final.

(b)    In the event of failure to agree to the purchase price or condi-
tions of purchase of said water or sewerage system, whether privately or
municipally owned, the said County Council may acquire the same by con-
demnation in the same manner as it is authorized to acquire land. In
the condemnation of privately owned water or sewerage systems the jury
shall take into consideration as a part of their award any payment,
contribution or tax upon the respective lot owners or purchasers toward
the construction of said system, and where said system or systems have
been built in connection with or for the purpose of developing home sites,
subdivisions or villages, or by any individuals, firm or corporation, and
such system or systems have been offered as an inducement for the purchase
of a lot or land therein, the jury shall deduct from the determined value
of the plant or system such sum as it may reasonably determine was
added to the purchase price of said land or lots in the sale thereof for the
purpose of constructing said systems.

(c)    Private owned systems shall be taken under said condemnation
by the Director of Public Works free and clear of all debts and liens, but
said Director of Public Works shall make a party defendant any person,
firm or corporation having any recorded lien or incumbrance against the
same, and the Circuit Court is hereby empowered and authorized to
determine the respective amounts due the defendants, and from and after
payment into Court or to the proper parties the Director of Public Works
shall be authorized to take possession of, maintain and operate said system,
whether private or municipal, as a part of its general system, and from
the date of such payment all properties along the line of any water main
or sewer of the system so acquired shall stand in the same relation, bear
the same benefit assessment, and be subject to the same regulations and
penalties as though the system so acquired had been constructed and put
into operation by the Director of Public Works under the provisions of
this sub-title; provided, however, that no building or premises actually
connected in an adequate manner with the said acquired system at the

time of its purchase shall be required to pay any connection charge.

(d)    Whenever there is in existence a privately owned water supply
or sewerage system which in the judgment of the Director of Public Works
is unfit, as a whole or in part, for incorporation with the Department of
Public Works system, the Director of Public Works shall disregard the
existence of said system or unfit part thereof and extend its system to.
serve the area tributary to the existing system or unfit part thereof, and
all the provisions of this subtitle relating to systems constructed by the
Department of Public Works shall apply to said extension.

(e)    Any municipality whose system is acquired by the Director of
Public Works, whether by purchase or condemnation, is hereby authorized
to use the amount paid to it for said system for the purchase or redemption
of any bonds or debt which may be outstanding against the same or the
County Executive and County Council may, as a part of the purchase price
of said system, assume the payment of any such outstanding bond. The
Director of Public Works shall not purchase any existing water mains,

 

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Session Laws, 1970
Volume 695, Page 2743   View pdf image
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