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1978, ch. 739; 1999 Supp., sec. 15-1c; 2000, ch. 601.
(a) This title does not impair or affect in any way the validity or enforceability of any proceeding or action taken, or any obligations or indebtedness incurred:
(1) by such district, by its governing body, by the County, or by the Board on behalf of the County pursuant to Title 9 of the Environment Article of the Annotated Code of Maryland prior to June 1, 1967; or
(2) by the Commission, by the County, or by the Board on behalf of the County pursuant to Chapter 754 of the Acts of 1967, as amended and supplemented, prior to July 1, 1979.
(b) All proceedings and actions taken by the district, by its governing body, by the County, or by the Board on behalf of the County pursuant to Title 9 of the Environment Article of the Annotated Code of Maryland prior to June 1, 1967, and all proceedings and actions taken by the Commission, by the County, or by the Board on behalf of the County pursuant to Chapter 754 of the Acts of 1967, as amended and supplemented, prior to July 1, 1979, are ratified, validated and confirmed; the authorization, sale, and issuance of all bonds and other obligations issued pursuant to said Title 9 of the Environment Article of the Annotated Code of Maryland and pursuant to Chapter 754 of the Acts of 1967, as amended and supplemented, prior to July 1, 1979, are ratified and confirmed, and all of these bonds and other obligations are validated as being validly authorized, sold, and issued. It is the intent and purpose that the County, on and after July 1, 1979, shall undertake and satisfy in all respects any and all obligations evidenced by such bonds and other obligations in accordance with their terms.
(c) In the event that the Board decides that any modification of an existing rate, charge, or assessment previously established by the district, by its governing body, by the County, or by the Board on behalf of the County pursuant to Title 9 of the Environment Article of the Annotated Code of Maryland prior to June 1, 1967, or by the Commission, by the County, or by the Board on behalf of the County pursuant to Chapter 754 of the Acts of 1967, as amended and supplemented, prior to July 1, 1979, is necessary or desirable, the Board promptly shall give notice of the proposed rates, charges, and assessments in at least one newspaper of general circulation in Carroll County. Thereafter, the Board shall conduct a public hearing on the necessity or advisability of the proposed rates, charges, or assessments.
(d) Without in any way limiting the provisions of this title or of any other provision of law, the County has and may exercise all powers necessary or convenient for carrying out the purposes set forth in this title, including but without limiting for generality of the foregoing, the following:
(1) to sue and be sued, implead and be impleaded, complain, and defend in all courts.
(2) to appoint officers, attorneys, accountants, agents, employees, and servants to implement the provisions of this title and to fix their compensation and to supervise their duties.
(3) to borrow money and issue bonds, certificates, or other evidence of indebtedness, the borrowing of all money and the issuance of all bonds being subject to the terms, provisions, and specifications contained in this title.
(4) to establish, extend, and maintain water, sewerage, and drainage systems in Carroll County other than in any municipal corporation which existed on June 1, 1967, and in those areas within 1 mile of the present corporate limits of any existing municipal corporation or the corporate limits as may be established by an existing municipal corporation unless such water, sewerage, and drainage systems are approved in accordance with § 14-106 of this title.
(5) to enter into contracts with any third person to effect the purposes of this title.
1967, ch. 754, sec. 439B; 1971, ch. 608, sec. 439B; 1976 Code, sec. 15-2; 1978, ch. 739; 2000, ch. 601.
The County shall annually have any accounts which are maintained to implement this title audited by a certified public accountant to be selected by the Board; all fees incurred by such accountant in connection with the audit shall be paid by the County; and the County shall publish a full, true and itemized account of its receipts and disbursements under this title in a newspaper published in Carroll County.
1967, ch. 754, sec. 439C; 1976 Code, sec. 15-3; 1978, ch. 739; 2000, ch. 601.
(a) To provide for the general health and welfare of the residents of Carroll County, the County may acquire, construct, operate, and maintain the water, sewerage, and drainage systems as it deems to be in the public interest. The County may cause surveys, plans, specifications, and estimates to be made for the systems. Unless all owners of land which will be served by any proposed improvements consent in writing to the improvements being made, the County shall construct any system or extension only after a public hearing held by the Board, after giving notice in two newspapers of general circulation published in Carroll County at least seven days before the hearing, and in the case of drainage systems, only after a drainage area has been established pursuant to § 14-201 of this title. At the hearings, a description of the proposed improvements shall be presented together with the estimated costs and estimated revenues to be derived therefrom.
(b) The power and authority conferred upon the County of this title may be exercised by the County throughout Carroll County. Provided, however; except as otherwise provided in this title, the service area within which the County may exercise power and authority under this title shall not include any municipal corporation which existed on June 1, 1967, and the County shall exercise no authority over the operation or construction of the sewerage, water and drainage systems of any municipal corporation which existed on June 1, 1967, including the extension of such systems beyond the corporate limits of such municipality as such extensions existed on June 1, 1967.
(1) The County shall not provide for the operation or construction of any water, sewerage, or drainage systems within areas one mile from the present corporate limits of any existing municipal corporation or one mile from the corporate limits of any existing municipal corporation which may be created by annexation pursuant to Article 23A of the Annotated Code of Maryland except when the municipal corporation shall by appropriate ordinance, resolution or approval provide that the County may exercise authority over the operation or construction of water, sewerage, and drainage systems within the areas. On the request of the County to construct water, sewerage and/or drainage systems within one mile of any existing municipal corporation the municipal corporation shall within six months either agree to provide the water, sewerage, and drainage systems or grant approval to the County to provide the water, sewerage, and drainage systems.
(2) That any municipal corporation which existed on June 1, 1967, may by appropriate ordinance or resolution transfer the jurisdiction, power and control of any sewerage, water or drainage system of the municipal corporation to the County on the terms and conditions approved by the Board and may consent to be included within the service area.
(3) That any municipal corporation which existed on June 1, 1967, in which there is no existing sewerage, water or drainage system may consent to be included within the service area.
1967, ch. 754, sec. 439D; 1976 Code, sec. 15-4; 1978, ch. 739; 2000, ch. 601.
If the residents of any unincorporated locality in Carroll County make application for a water, sewerage or drainage system, or part thereof, to be constructed in their locality, the County may require the applicants to bear the reasonable costs for any preliminary engineering studies that the Board deems necessary to determine whether it is feasible to construct the improvements. Upon receipt of such reasonable costs as the Board determines to be necessary to conduct the studies, the Board shall have the studies made and within a reasonable time thereafter advise the applicants of the results together with the Board’s determination with respect to the application.
1978, ch. 739; 1999 Supp., sec. 15-4A; 2000, ch. 601.
The Board may prepare a plan or plans which in its judgment are necessary or required for the control and disposition of surface waters within the limits, or any part of, the service area and shall then divide the service area, or any part, into separate drainage areas. Each separate drainage area shall comprise, insofar as practicable, all land from which surface water drains by gravity along a stream or a natural water course to its nearest major outlet to tidewater. The division of the service area, or any part, into drainage areas shall be effected by a resolution adopted by the Board, after a hearing held not less than 10 days after notice of the hearing, published in a newspaper having general circulation in the drainage area to be created, which resolution shall contain a definite description of the boundaries of the drainage area or areas and shall identify each drainage area by a distinctive name. After the passage of the resolution, the Board shall cause a plat of the drainage area or areas to be prepared, one copy of which plat shall be filed with the Clerk of the Board and one copy of which shall be indexed and filed among the land records of Carroll County. Upon the filing of this plat, any drainage area shown on the plat is designated and constituted for the purpose of this subtitle to be a separate drainage area and a taxing district for the purpose of imposing the drainage area assessments and taxes authorized by § 14-703 of this title, and the filing of this plat shall constitute legal notice to the public of the action of the Board.
1967, ch. 754, sec. 439Y; 1976 Code, sec. 15-25; 1978, ch. 739; 2000, ch. 601.
The Board may prescribe all needful rules and regulations for the administration and enforcement of this title. In addition to its own power to adopt appropriate rules and regulations, the Board may adopt and enforce regulations of the State Department of Health and Mental Hygiene and the Carroll County Health Officer fixing standards of construction for water and sewer facilities or installations. Before the adoption of any rules and regulations other than those of the State Department of Health and Mental Hygiene or the Carroll County Health Officer the Board shall give public notice of the rules and regulations which it proposes to adopt by publishing the same in at least two newspapers of general circulation published in Carroll County at least twice but not less than fifteen (15) days before a public hearing, the date, time and place of which shall be specified in the notice.
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