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Ch. 426
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2000 LAWS OF MARYLAND
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(C) (1) IN IMPLEMENTING SUBSECTION (A)(2)(II) OF THIS SECTION, THE
LOCAL JURISDICTION MAY ENTER INTO AN AGREEMENT WITH INDIVIDUAL
PROPERTY OWNERS UNDER WHICH THE LOCAL JURISDICTION AGREES TO ADVANCE
FUNDS TO COVER THE PROPERTY OWNER'S COSTS FOR THE RELOCATION OF THE
OVERHEAD LINES AND FACILITIES.
(2) (I) THE LOCAL JURISDICTION MAY APPROPRIATE FUNDS, LEVY
TAXES, OR BORROW FUNDS TO PAY AND ADVANCE THE COSTS OF AN UNDERGROUND
RELOCATION.
(II) THE LOCAL JURISDICTION ALSO MAY:
1. IN ORDER TO RECAPTURE EXPENDED COSTS, IMPOSE A
BENEFIT ASSESSMENT AGAINST PROPERTY IN THE DISTRICT ON BEHALF OF WHICH
THE UTILITY IS RELOCATED UNDERGROUND; AND
2. PROVIDE FOR THE COLLECTION OF THE ASSESSMENT.
[(c)] (D) [The provisions of § 7.03] SECTION 7.04 of this article [do] DOES not
apply to [the provisions of] this section.
DRAFTER'S NOTE: In subsection (a)(1) of this section, the defined term "local
jurisdiction" is substituted for the former reference to "county, municipal
corporation, or Baltimore City" for consistency throughout the article.
In subsection (b) of this section, the defined term "local jurisdiction" is
substituted for the former reference to "county, municipal corporation, or
Baltimore City".
Subsection (c) of this section is transferred from the latter portion of
former subsection (a)(2)(ii) of this section.
In subsection (c)(1) of this section, the defined term "local jurisdiction" is
substituted for the former reference to "county or municipal corporation
and Baltimore City" for consistency throughout the article.
8.17. Severability.
(A) The provisions of this subtitle are [severable, and if any of their provisions
are] SEVERABLE.
(B) IF ANY PROVISION OF THIS SUBTITLE IS held unconstitutional by [any] A
court of competent jurisdiction, the decision of [such court shall) THE COURT DOES
not affect or impair any of the remaining provisions.
Adequate Public Facilities Ordinances
10.01. Authority to enact.
(a) [In order to] TO encourage the preservation of natural resources or the
provision of affordable housing and to facilitate orderly development and growth,
[any county or municipal corporation, including Baltimore City,) A LOCAL
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