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2678 LAWS OF MARYLAND Ch. 667
Suburban Sanitary District (1969 Edition, as amended),
being also Section 86-5-3 of the Public Local Laws of
Montgomery County being Article 16 of the Public Local
Laws of Maryland (1972 Edition and 1975 Supplement, as
amended), being also Section 83-73 of the Public Local
Laws of Prince George's County being Article 17 of the
Public Local Laws of Maryland (1963 Edition and 1967
Supplement, as amended) be and they are hereby repealed
and reenacted, with amendments, to read as follows:
The Code of the Washington Suburban Sanitary
District
5-3. (86-5-3) (83-73)
Whenever the state, county or any municipal
corporation, commission, board, or agency of the state or
county EXCEPT THE HOUSING OPPORTUNITIES COMMISSION OF
MONTGOMERY COUNTY acquires for public use property which
is subject to a front foot benefit charge levied by the
Washington Suburban Sanitary Commission, the benefit
charge shall be paid and extinguished by the payment to
the commission of a sum necessary to pay off said benefit
charge, computed in accordance with requirements of
section 5-1 (86-5-1; 83-71(f)), and said sum shall become
a lien against the property. FRONT FOOT BENEFIT CHARGES
LEVIED AGAINST PROPERTY ACQUIRED BY THE HOUSING
OPPORTUNITIES COMMISSION OF MONTGOMERY COUNTY SHALL BE
PAID IN THE SAME MANNER AS BY NONGOVERNMENTAL PROPERTY
OWNERS AND SHALL REMAIN A LIEN AGAINST THE PROPERTY. IF
THE HOUSING OPPORTUNITIES COMMISSION OF MONTGOMERY COUNTY
ALLOWS FRONT FOOT BENEFIT CHARGE PAYMENTS TO BECOME
DELINQUENT, THE COUNTY COUNCIL OF MONTGOMERY COUNTY SHALL
AUTHORIZE AND APPROPRIATE SUFFICIENT FUNDS TO PAY THE
DELINQUENT CHARGES AND ALL PENALTIES AND INTEREST ON THE
CHARGES NO LATER THAN THE FIRST MONTH OF THE NEXT
SUCCEEDING FISCAL YEAR. THE COUNTY EXECUTIVE OF
MONTGOMERY COUNTY SHALL PROMPTLY PAY OVER TO THE
WASHINGTON SUBURBAN SANITARY COMMISSION ALL FUNDS SO
APPROPRIATED. When the property is acquired as aforesaid
without eminent domain proceedings the amount necessary
to pay and extinguish the benefit charge shall be paid to
the commission before the deed evidencing the transfer
may be recorded among the land records of the county
wherein the property lies. If the property is acquired
through eminent domain, the Washington Suburban Sanitary
Commission shall be named a party to the proceedings and
the jury shall make a separate award in favor of the
commission for the sum required to pay and extinguish the
front foot benefit charge. If by oversight or mistake
the commission is not named a party to the eminent domain
proceedings or if no separate award for the sum necessary
to pay the front foot benefit assessment is specified in
the jury's inquisition, then the condemning authority
shall pay to the commission the amount required to
extinguish the front foot benefit assessment at the same
time it pays the amount awarded to the property owner in
the proceedings.
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