2290                                   LAWS OF MARYLAND                                Ch. 240

A DISTRICT MAY NOT CONSTRUCT, IMPROVE, OPERATE, OR
EXTEND ANY PROJECT THAT WOULD DUPLICATE OR COMPETE WITH ANY
UTILITY THAT IS SIMILAR TO A PROJECT AND SERVES
SUBSTANTIALLY THE SAME PURPOSES, UNLESS:

(1) THE UTILITY IS A PRIVATELY OWNED WATER
SYSTEM OR SEWERAGE SYSTEM; AND

(2) THE SANITARY COMMISSION FINDS THAT THE
UTILITY IS UNFIT FOR INCORPORATION INTO THE DISTRICT'S
SYSTEM.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first and
sixth sentences of former Article 43, § 651.

In the introductory paragraph of this section,
the former reference to a "public or private"
utility is deleted as included in "any utility".

The second and third sentences of former Article
43, § 651 are deleted. The second sentence
allowed member counties to designate projects to
be undertaken by the district, implying that the
power of a district would extend to projects so
designated. The third sentence provided that if
the member counties failed to designate projects
to be undertaken, the district would have "all
the power granted by this subtitle". Since
either designating a project or failing to
designate a project would give a district power
over the project, these former sentences are
unnecessary.

9-644. LIMITATIONS ON POWERS OF COUNTIES.

(A) DUPLICATION OF TERRITORY.

A COUNTY THAT HAS CREATED A DISTRICT MAY NOT CREATE A
NEW DISTRICT THAT WOULD SERVE TERRITORY SERVED BY AN
EXISTING DISTRICT.

(B) JOINING OR CREATING NEW DISTRICT.

UNLESS, BY ORDINANCE OR RESOLUTION, EVERY OTHER MEMBER
COUNTY OF EACH DISTRICT OF WHICH THE MEMBER COUNTY IS
ALREADY A MEMBER APPROVES, A MEMBER COUNTY MAY NOT JOIN OR
CREATE ANOTHER DISTRICT.

REVISOR'S NOTE: This section is new language derived
without substantive change from the fourth and
fifth sentences of former Article 43, § 651.

9-645. RESERVED.