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Session Laws, 1993
Volume 772, Page 3438   View pdf image
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S.B. 893                                                    VETOES

3-122.

(a)     Bonds or notes issued under the provisions of this subtitle shall not be deemed
to constitute or create a debt or a pledge of the faith and credit of the State or of any
political subdivision. Every bond or note shall contain on its face a statement to the effect
that neither the Service, the State, nor any political subdivision thereof is obligated to pay
it or the interest thereon except from revenues or other money of the Service available
therefor and that neither the faith and credit nor the taxing power of the State or any
political subdivision is pledged to the payment of the principal of or the interest on the
bonds or notes. However, this subsection does not limit the ability of the State or a
political subdivision to set, impose, or collect an assessment, rate, fee, or charge to pay to
the Service the cost of a project, including the principal of and interest on a bond or note,
under an agreement between the Service and the State or political subdivision.

(b)     (1) Notwithstanding any limitations or other provisions to the contrary of
Articles 23A, 25A, or 25B of the Annotated Code of Maryland, or of any charter or local
law regulating the creation of public debts, a municipality may enter into contracts with
the Service for the purpose of defraying the Service's costs of acquiring or providing a
solid waste disposal project, wastewater purification project, or water supply project,
which costs may include debt service requirements of the service relating to that project.
These contracts shall not be deemed to constitute or create a debt of the municipality or
a pledge of its faith or credit within the meaning of any of these limitations or other
provisions. Such a solid waste disposal project, wastewater purification project, or water
supply project may not be deemed to be a capital project of the municipality within the
meaning of any of these limitations or other provisions, and a resolution, ordinance, or
other official action authorizing such contracts is not subject to referendum or other
procedure not applicable to all ordinances or resolutions enacted by the municipality. For
the purposes of this subsection, the express powers contained and enumerated in Articles
23A, 25A, and 25B of the Annotated Code of Maryland and in the Charter of the City of
Baltimore are deemed to incorporate and include the power and authority contained in
this subsection.

(2) (i) A county or municipal corporation may limit its obligations under
contracts with the Service to a specific source of funds including revenues of its publicly
operated or publicly contracted solid waste collection or disposal system.

(ii) The governing body of a county or municipal corporation may, by
ordinance or resolution, impose reasonable rates and charges for publicly operated or
publicly contracted solid waste collection, treatment, or disposal sufficient to defray
expenses of its publicly operated or publicly contracted solid waste collection, treatment,
or disposal system, including amounts due under a contract with the Service and the
funding of reserves.

(iii) The ordinance or resolution may establish a reasonable basis for
setting the rates and charges, and a schedule of rates and charges, and may designate
solid waste collection, treatment, or disposal service areas within the county or municipal
corporation, provided the county or municipal corporation is operating its own collection,
treatment, or disposal service or has contracted out those services.

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Session Laws, 1993
Volume 772, Page 3438   View pdf image
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