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2505
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HARRY HUGHES, Governor
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BY repealing and reenacting, with amendments,
Article - Natural Resources
Section 3-903(a)
Annotated Code of Maryland
(1974 Volume and 1982 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Natural Resources
3-903.
(a) There is hereby created a body politic and corporate to
be known as the "Northeast Maryland Waste Disposal Authority"
which is constituted a public instrumentality of the State of
Maryland. The exercise by the Authority of the powers conferred
by this subtitle shall be deemed to be the performance of an
essential public function. The Authority shall be deemed
organized and shall commence its activities when there shall have
been filed with the Secretary of State and the Department of
Legislative Reference certified copies of the resolutions of
participation of at least two of the following four counties:
Mayor and City Council of Baltimore, Baltimore County, Maryland,
Anne Arundel County, Maryland, and Harford County, Maryland.
MONTGOMERY COUNTY, MARYLAND, MAY ALSO BECOME A PARTICIPATING
COUNTY IN THE AUTHORITY BY FILING CERTIFIED COPIES OF A
RESOLUTION OF PARTICIPATION WITH THE SECRETARY OF STATE AND THE
DEPARTMENT OF LEGISLATIVE REFERENCE, WHEREUPON MONTGOMERY COUNTY,
MARYLAND SHALL HAVE ALL OF THE RIGHTS, PRIVILEGES, AND POWERS
UNDER THIS SUBTITLE THAT THE OTHER PARTICIPATING COUNTIES HAVE OR
MAY HAVE, INCLUDING THE POWER TO PARTICIPATE IN PROJECTS AND TO
ENTER INTO CONTRACTS WITH THE AUTHORITY, INCLUDING THE CONTRACTS
RELATING TO THE AUTHORITY'S SOUTHWEST RESOURCE RECOVERY FACILITY
LOCATED IN THE CITY OF BALTIMORE, IN ORDER TO DEFRAY AND PROVIDE
FOR THE AUTHORITY'S COSTS OF ACQUIRING, CONSTRUCTING, OPERATING,
OR PROVIDING A PROJECT, INCLUDING DEBT SERVICE REQUIREMENTS OF
THE AUTHORITY RELATING TO A PROJECT. The resolution of
participation shall contain:
(1) A declaration by the county of its intention and
consent to participate in the activities of the Authority; and
(2) Such provisions, if any, as the participating
counties may approve and require as being necessary or desirable
for the Authority to be an organization described in Section
501(c)(3) of the Internal Revenue Code of 1954, as amended. Each
resolution of participation shall be presented by the chief
executive officer of a county to the body exercising legislative
powers of that county and shall be effective after adoption by
such legislative body and approval by such chief executive
officer.
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