Montgomery County                            2723

103-15. Construction by County.

(a)    No road shall be constructed by the County, whether on
force account or by contract or both, unless the right-of-way for such
road has been previously acquired by the County or dedicated to
public use by appropriate recording among the land records of the
County, and the cost of the road is to be charged against the benefited
property in accordance with Sections 24-30 to 24-42 of this Code and
subsection (b) of this Section. Any road so constructed shall conform
to the minimum requirements, standards and specifications for its
particular classification as prescribed by this Article; provided, that
the County may require such construction to be in excess of or better
than that prescribed as a minimum; provided further, that nothing
herein shall prohibit the County from constructing roads pursuant
to Section 2-140 of this Code relating to contract services for munici-
palities or pursuant to agreements made by the County with other

governmental agencies.

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(e) The County may authorize the construction of tempor-
ary sidewalks to serve as access to schools within rights-of-way where
there is no curb and gutter or where there is an existing plan or
program to change the horizontal or vertical alignment or paving
cross section. Notwithstanding any other provision of this Article,
such sidewalks may be constructed without regard to the standards
and specifications of this Article and the cost of construction thereof
shall be borne by the County. Whenever such sidewalk is constructed
within a right-of-way where there is no pavement or other road
construction, such sidewalk construction shall not be construed as
acceptance for maintenance by the County of any part of the right-
of-way except sidewalk so constructed.

Sec. 47. Subsections (b) and (c) of Section 103-18, Chapter
103, title "Streets and Roads," of the Montgomery County Code 1965,
are hereby repealed and re-enacted, with amendments, to read as fol-
lows:

103-18. Performance bond.

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(b)    Before acceptance, all bonds shall be approved by the
County Executive or his designee and the County Attorney. If a
corporate bond is offered, it shall be executed by a surety or guaranty
company qualified to transact business in the State. If a cash bond is
offered, it shall be deposited with the Director of Finance, who shall
give his official receipt therefor, reciting that the cash has been de-
posited in compliance with and subject to the provisions of this Sec-
tion. All cash and corporate bonds filed hereunder shall be released
upon but not before acceptance of the completed road by the County
in accordance with the following Section.