Montgomery County                                2337

or any fire department, rescue squad or library when such land is acquired
by gift; provided, however, that, whenever land has heretofore been or
is hereafter acquired in such manner, no construction thereon or use thereof
shall be hereafter commenced until after a public hearing as provided in
Section 2-135 of this Code and approval of such construction or use by the
county executive.

(b) In making a decision on the acquisition of land or improvements,
the county executive shall consider the evidence of record at any public
hearing, any exhibits therein, and all other proper facts, information and
recommendations which he shall deem necessary to arrive at a decision
in the best interest of the citizens of the county.

The provisions of this section shall not apply to acquisition of land
by the county for roads, streets, alleys, sidewalks, walkways, bridges,
drainage, or for land necessary for facilities and appurtenances in connec-
tion with such use.

Section 7. Severability.

The provisions of this Article are severable and if any provision,
sentence, clause, section or part thereof is held illegal, invalid or unconsti-
tutional or inapplicable to any person or circumstances, such illegality,
invalidity or unconstitutionally, or inapplicability shall not affect or im-
pair any of the remaining provisions, sentences, clauses, sections or parts
of the Article or their application to other persons or circumstances. It
is hereby declared to be the legislative intent that this Article would have
been adopted if such illegal, invalid or unconstitutional provision, sentence,
clause, section or part had not been included therein, and if the person
or circumstances to which the Article or any part thereof is inapplicable
had been specifically exempted therefrom.

Sections. Effective date.
This Act shall take effect on December 7, 1970.

Chapter 37
(Bill No. 39-69)

An Act to amend Chapter 5, title "Certificates of Indebtedness,"
of the Montgomery County Code 1965, by repealing and re-enacting,
with amendments, Section 5-4, title "Form, denomination; interest;
maturity; exemption from state, etc., taxation"; and Chapter 88, title
"Health and Sanitation," of the Montgomery County Code 1965, by
repealing and re-enacting, with amendments, Section 88-6, title
"Functions generally," to delete certain obsolete references to the
Charter adopted for Montgomery County in 1948.

Be It Enacted by the County Council for Montgomery County, Mary-
land, that —

Section 1. Section 5-4, Chapter 5, title "Certificates of Indebtedness,"
of the Montgomery County Code 1965, is hereby repealed and re-enacted,
with amendments, to read as follows: