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1969
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MARVIN MANDEL, Governor
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for the construction of wastewater treatment facilities,
including delivery facilities, or for water supply and/or
sanitary sewerage projects required for the correction of
immediate health problems. Legislation enacted by the
County pursuant to this section shall include, at a
minimum, the procedure and requirements set forth in this
section.
(b) Procedure. The following procedure shall take
effect only after it is enacted as local legislation by
the Montgomery County Council.
(1) Whenever, in the judgment of the
Commission, land or interests in land located in
Montgomery County is needed immediately in accordance
with the County's adopted ten year water and/or sewerage
plan and adopted capital improvements program for the
construction of wastewater treatment facilities,
including delivery facilities, or for water supply and
sanitary sewerage projects required for the correction of
immediate health problems, and good faith negotiations
with the owner or owners of the property have failed, the
Commission may adopt a resolution proposing taking of the
land or interests in land. The resolution shall specify
that immediate possession of the land or interests in
land is required in accordance with the County's adopted
ten year water and/or sewerage plan and adopted capital
improvements program for the construction of wastewater
treatment facilities, including delivery facilities, or
for water supply and sanitary sewerage projects required
for the correction of immediate health problems. This
proposed taking applies only to land or interests in
land. The Commission is expressly prohibited from using
the option provided in this section for the acquisition
of buildings or other structures.
(2) The Commission shall transmit its
resolution to the County Executive and the County Council
for Montgomery County. The County Executive shall submit
promptly to the County Council his recommendations on the
resolution. The County Council shall conduct a public
hearing on the resolution promptly after receipt of the
recommendations of the County Executive. The hearing
shall be held only after at least 15 days' notice is
given in at least two newspapers of general circulation
in Montgomery County. In addition, written notice to the
owner or owners of property which is the subject of the
resolution shall be given at least 15 days prior to the
hearing by certified mail.
(3) Following the public hearing, the County
Executive and the County Council may approve or
disapprove the resolution. Approval or disapproval by
the County Executive shall be by letter to the
Commission, the County Council and the owner or owners of
property which is the subject of the resolution.
Approval or disapproval by the County Council shall be by
resolution, a copy of which shall be sent to the
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