2698                            County Local Laws

102A-1. Authority to create special sewer assessment districts.

The Montgomery County Council may create from time to time
within the Washington Suburban Sanitary District in Montgomery
County special sewer assessment districts to provide for the extension
of sewer facilities and the levying of benefit assessments therein for
the financing of the extension. The districts may be created when
the County Council shall have determined that any extension in the
six-year sewer program, as approved by it pursuant to the provisions
of Section 71-45, is necessary for the implementation of programs for
staging the orderly growth of the County; for service to programmed
construction of other public facilities in the County; or for the elimi-
nation of public health and sanitation problems; and that alter-
native methods of funding are necessary to achieve any of these
objectives. The district shall encompass all properties which could
be served by the programmed extension, and the construction of the
extension is hereby declared to be a general benefit to all these
properties.

102A-2. Hearing prior to creation of assessment district.

Prior to the establishing of any assessment district and the
levying of any assessment, the County Council shall hold a public
hearing thereon after thirty days' notice thereof published in a
newspaper of general circulation in the County. Notice of the time
and place of the hearing, together with a description of the pro-
grammed extension and the district to be established shall be mailed
to the owner or owners of each parcel of land proposed to be assessed
for benefit received from the programmed extension, such mailing
to be made by depositing a written notice in the United States mail
at least two weeks before the date of the hearing and shall be to the
owners and to their addresses as the same appear on the real property
assessment records of Montgomery County. Prior to the hearing, the
Washington Suburban Sanitary Commission shall be requested to fur-
nish the County Council with an engineering determination of the
maximum area limits which could be served by the programmed ex-
tension; the estimated cost and time for construction of the extension ;
and the amounts and sources of funds available to the Commission
to defray the cost of the construction. If such information is not
furnished, the hearing shall proceed on the basis of the information
contained in the latest Commission six-year capital improvements
program approved under the provisions of aforesaid Section 71-45.

102A-3. Determining of need and resolution.

If, after the hearing, as provided for above, the Council shall
determine for any of the reasons set forth in Section 102A-1 that a
special sewer assessment district is required for the public interest,
health, safety or welfare, it shall by law designate the area of such
assessment district and direct that the programmed extension be
undertaken pursuant to agreement or agreements entered into with