Montgomery County 2699
the Washington Suburban Sanitary Commission for the construction
of such facilities under the authority contained in Section 71-42. The
Council at or about the time of enactment of such law shall by reso-
lution describe generally the work to be done, determine the benefit
to all properties affected thereby, and estimate the cost to be borne
by benefited properties.
102A-4. Assessment and financing.
Upon completion of the construction, the Council shall, by reso-
lution, assess the benefit in terms of resulting costs to the County
thereof (including actual cost of publications of notices, conduct of
hearings, advertising for bids, engineering and all costs of financing
incurred prior to the adoption of the resolution) to all land encom-
passed within the assessment district and levy such assessment
thereon for the recovery of the benefit or portion thereof on either an
ad valorem basis or on a per acre basis on all of the land. Notice of
such assessment shall be given by placing a true copy of the resolution
in the United States mail addressed to the owner or owners of the prop-
erty as shall appear on the real property assessment records of the
County giving opportunity for objections thereto within 30 days of
such deposit in the mail. Such assessment shall be final; provided,
that any person aggrieved by such assessment may appeal the same
to the Circuit Court for Montgomery County within thirty (30) days
after the expiration of the time for objection. The proceeds of the
assessment may be expended by the County Council for or in aid of
the purposes of this Chapter, or may be paid over to the Commission
for these purposes. In the event the assessments levied together with
all capital contributions or other funds received by either the County
or the Commission for such extension exceed the original capital costs
of the completed project, such excess funds shall be applied as credits
toward payment of any unpaid assessments or as refunds in whole or
part of assessments fully paid, as applicable.
102A-5. Supplemental measure.
Nothing herein is intended to be a substitute for any other
method or system for financing of projects, particularly those in
Section 71-19, it being intended to provide for a supplementary source
of funds where the scheduled construction has been determined to be
needed by the County Council for the aforesaid public purposes.
Nothing in this Chapter authorizes the County Council to construct or
maintain sewer systems. Assessments levied in an assessment dis-
trict, under this Chapter, shall be used only for financing sewer sys-
tems within that district or related to the district or the system
therein.
Sec. 2. This Act shall take effect on the 76th day following its
enactment.
Effective: September 30, 1970
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