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Session Laws, 1972
Volume 708, Page 2763   View pdf image
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Montgomery County                           2763

any federal, state, County or municipal authority or agency or instru-
mentality thereof, or private person, concerning any matter necessary,
advisable or expedient for the proper construction, maintenance and
operation of any drainage system within any drainage district or
subdistrict created hereunder. The Council may by law delegate to
the County Executive, the authority to share costs, receive contribu-
tions, match funds, to acquire and to dispose of existing drainage
facilities and otherwise to perform all such actions necessary, ad-
visable or expedient for the creation of such districts, and the con-
struction, operation and maintenance of drainage facilities therein
as shall best serve the public health, welfare and convenience.

In planning the financing of a drainage system within such
drainage district or subdistrict, such financing plan may consider, in
addition to or in lieu of the methods of financing referred to in Sec-
tion 22-39 of this Code, any and all such other sources of funds as
may be available by contribution, cost sharing, matching funds, loans,
advances, gifts or otherwise from any above-mentioned public agency
or from any private source. The County is also authorized to consider
and to implement the proposed creation of a drainage district or
subdistrict by taking into account those subdivisions or other tracts
of land within such district in which it may be normally expected that
the owner or developer of the tract would construct or be required to
construct the drainage facilities at his own cost or on a cost sharing
basis, in accordance with the Montgomery County Road Construction
Code or other applicable laws of the County, State, municipal corpora-
tion, or agent or agency thereof, or for the reason that the owner or
developer necessarily must voluntarily construct such facilities at his
expense in order to reasonably use or develop the property.

Sec. 6. Section 22-41, Chapter 22, titled "Sewers, Sewage Dis-
posal and Drainage," of the Montgomery County Code 1965, is hereby
repealed and re-enacted, with amendments, to read as follows:

22-41. Preliminary planning.

For the purpose of implementing the creation of such district,
districts or subdistricts, the Council is hereby authorized to appropri-
ate from general funds of the County, in accordance with law relating
to appropriations, sufficient money as shall be required for the County
Executive to conduct all necessary preliminary planning, designing,
specifications and engineering required for the creation of such dis-
trict, districts or subdistricts and to ascertain the construction which
may be necessary and the cost of such construction, land acquisition
of sites, rights-of-way and easements and all other costs in connection
with such projects, including accurate surveys of such districts
showing the outlines thereof, and drainage areas therein, together
with such topographic detail as may be necessary for the proper
design thereof, including the placing of such district or subdistricts
on maps of the County.

 

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Session Laws, 1972
Volume 708, Page 2763   View pdf image
 Jump to  
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