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Session Laws, 1985
Volume 760, Page 2122   View pdf image
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2122                                          LAWS OF MARYLAND                                      Ch. 290

(a) As provided in Part V of this subtitle, the sanitary
commission and the governing bodies of the member counties of a
district may create or change service areas in the district.

(b) In considering a proposed service area, the sanitary
commission and the governing bodies of the member counties may
not create or change a service area unless they find that the
creation or change:

(1) Is necessary for the public health, safety, and
welfare of the residents of the proposed service area; and

(2) Is feasible financially and from an engineering
standpoint.

(c) The governing bodies of the member counties of a
district:

(1) May authorize the district to retain expert
engineering services to develop a plan for the creation of
service areas in the district; and

(2) Shall pay from the general funds of the member
counties the cost of all engineering services obtained under this
subsection.

(D) IN ALLEGANY COUNTY, THE BOUNDARIES OF AN EXISTING
SERVICE AREA MAY BE CHANGED TO REDUCE THE AREA INCLUDED IN THE
SERVICE AREA IF THE SANITARY COMMISSION AND THE GOVERNING BODY OF
ALLEGANY COUNTY MAKE THE FINDINGS SPECIFIED IN SUBSECTIONS (A)
AND (B) OF THIS SECTION AND ALSO FIND THAT THE CHANGE IN THE
BOUNDARIES OF THE SERVICE AREA WOULD:

(1) EXCLUDE ONLY PROPERTIES WHICH ARE NOT SERVED BY
ANY PROJECT BENEFITING THE SERVICE AREA OR WHICH THE SANITARY
COMMISSION FINDS AND DETERMINES WILL NOT BE SERVED WITHIN 2 YEARS
AFTER THE LATER OF:

(I) THE DATE ON WHICH THE CONSTRUCTION IS
COMPLETED FOR ANY PROJECT THEN UNDER CONSTRUCTION FOR THE SERVICE
AREA; OR

(II) THE DATE ON WHICH THE SANITARY COMMISSION
ADOPTS A RESOLUTION TO CHANGE THE BOUNDARIES OF THE SERVICE AREA;
AND

(2) NOT CAUSE THE OUTSTANDING PRINCIPAL BALANCE OF
BONDS ISSUED FOR THE SERVICE AREA TO EXCEED 25 PERCENT OF THE
TOTAL VALUE OF PROPERTY, AS ASSESSED FOR COUNTY TAXATION, IN THE
SERVICE AREA, AS PROPOSED TO BE REDUCED, ON THE DATE ON WHICH THE
SANITARY COMMISSION ADOPTS THE RESOLUTION TO CHANGE THE
BOUNDARIES OF THE SERVICE AREA.

 

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Session Laws, 1985
Volume 760, Page 2122   View pdf image
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