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Session Laws, 1972
Volume 708, Page 2717   View pdf image
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Montgomery County                            2717

the proceedings and his recommendations on the proposed abandon-
ment or closing to the County Council. Such report shall state whether
or not the agencies or governmental bodies listed below have con-
sented to the proposal and the conditions of consent, if any. No report
or recommendation shall be so forwarded until the County Executive
has received recommendations of the agency or governmental bodies
listed below; provided, however, that if such agency or governmental
body has not filed its recommendation within sixty days from the date
of the application, its consent to the proposal shall be presumed:

(1)    The Director of the Department of Public Works;

(2)    The Maryland-National Capital Park and Planning
Commission if any part of the property is in the Maryland-Washing-
ton Regional District in the County;

(3)    The Washington Suburban Sanitary Commission if
any part of the property is in the Washington Suburban Sanitary
District;

(4)    All public utility companies authorized by the Public
Service Commission to operate within the area and which have over-
head or underground facilities in the vicinity; and

(5)     The governing body of such incorporated city, town
or special taxing area in which any of the property may be located.

Sec. 26. Section 24-44, Chapter 24, title "Streets and Roads,"
of the Montgomery County Code 1965, is hereby repealed and re-
enacted, with amendments, to read as follows:

24-44. Findings of Council.

The findings of the Council shall be based upon the written report
and recommendation of the County Executive, including the recom-
mendations of the governmental agencies referred to in the preced-
ing Section.

Sec. 27. Section 24-45, Chapter 24, title "Streets and Roads,"
of the Montgomery County Code 1965, is hereby repealed in its
entirety.

SEC. 28. Section 24-46, Chapter 24, title "Streets and Roads,"
of the Montgomery County Code 1965, is hereby repealed in its
entirety.

Sec. 29. Section 24-47, Chapter 24, title "Streets and Roads,"
of the Montgomery County Code 1965, is hereby repealed and re-
enacted, with amendments, to read as follows:

24-47. Finding by Council that road is no longer necessary required.

No road or right-of-way may be abandoned and closed unless the
Council shall find that the evidence of record clearly indicates that

 

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Session Laws, 1972
Volume 708, Page 2717   View pdf image
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