2716 County Local Laws
of the hearing conducted pursuant to Section 24-32 of this Code
and the error, inadvertence or oversight did not occur prior to the
date of such hearing and was not contained in any notice thereof,
but if such error, inadvertence or oversight occurred prior to such
hearing or was contained in any notice thereof, it shall not be cor-
rected unless the property owner or owners affected by such correction
are given adequate notice and an opportunity to be heard.
Sec. 24. Section 24-42, Chapter 24, title "Streets and Roads,"
of the Montgomery County Code 1965, is hereby repealed and re-
enacted, with amendments, to read as follows:
24-42. Indebtedness.
The County is hereby authorized, by resolution of the Council, to
borrow such sums from time to time upon its faith and credit as may
be needed for financing construction authorized by this Article and
to issue its negotiable certificates of indebtedness therefor. Nothing
in this Article contained shall prevent or limit the issuance by the
County of bonds or other evidences of indebtedness for road or any
other purposes pursuant to authority of any other laws heretofore
or hereafter enacted.
Sec. 25. Section 24-43, Chapter 24, title "Streets and Roads,"
of the Montgomery County Code 1965, as amended, is hereby repealed
and re-enacted, with amendments, to read as follows:
24-43. By resolution of Council; hearing, recommendations, etc.
(a) Upon application by the County, any governmental
agency, or any person, roads or storm drainage rights-of-way may
be abandoned or closed by resolution of the Council adopted in ac-
cordance with the requirements of this Article. No such resolution
shall be adopted until after the Council has received and considered
the report of the County Executive on the proposal for the abandon-
ment or closing.
(b) The County Executive or his designee shall hold a public
hearing on each application for abandonment or closing as soon as
practicable following receipt of notice from the Secretary to the
County Council of the filing of such application. Written notice of such
hearing shall be sent by certified or registered mail at least fifteen
days prior to such hearing, to all property owners whose property
abuts the road, storm drainage, or other right-of-way proposed to be
closed or abandoned as the owners of such property are listed in the
assessment records of the Department of Finance. Failure of any
property owner to receive notice pursuant to this Section shall not
invalidate the proceedings or any otherwise valid action taken there-
after by the Council.
(c) Following the hearing held pursuant to this Section, the
County Executive shall forward his report based upon the record of
|