Loading...
§ 38.03 CORPORATE POWERS; ACQUISITION OF PROPERTY; CONDEMNATION.
   The members of the Commission shall be a body corporate by the name of the “Upper Potomac River Commission,” with the right to use a common seal, to sue and be sued and to do any and all other corporate acts for the purpose of carrying out the provisions of this chapter. The Commission shall have the power and authority to regulate the flow of water in the Upper Potomac River and its tributary rivers and streams within the District and, in pursuance of such power, may erect, build, install and maintain dams, reservoirs and such other structures with appurtenances and machinery deemed necessary for regulating the flow of water of said rivers or streams within the District for the purpose of carrying out the provisions or intentions of this chapter, and may enter into contracts and agreements with any federal agency or state or county for the better control of such flow of water. The Commission shall have full power to take, acquire and hold any land, structures or buildings or any streambed, waterway, roadway, right-of-way, water rights or watershed, either in fee or as an easement, within the District deemed necessary to carry out the provisions or intentions of this chapter, for the construction, extension or maintenance of any dam, reservoir or appurtenances thereto, and may purchase the same from the owners thereof or, failing to agree with the owner or owners, may condemn the same by proceedings in the Circuit Court for the county in which the land, structures or buildings, streambeds, waterways, roadways, rights-of-way, water rights or watersheds are located as provided for condemnation of land by public-service corporations under the Public General Laws of Maryland, and the Commission may likewise purchase or condemn the interest of any tenant, lessee or other persons having an interest in the land, structures or buildings, stream-beds, waterways, roadways, rights-of-way, water rights or watersheds. At any time after 10 days after the return or recording of the verdict of award in any such condemnation proceedings, the Commission may enter and take possession of the property so condemned upon first paying to the Clerk of the Court in which the proceeding may be pending the full amount of the award and all costs taxed to date, notwithstanding any appeal or further proceeding upon the part of the defendant or defendants. At the time of the payment, however, it shall give its corporate undertaking to abide by and fulfill any judgment on such appeal or further proceeding. The Commission shall have power of condemnation over land, structure and other property as above set forth for the purpose of this chapter, whether the same shall be taken in its name or in the name of the state or federal agency providing the money under the contracts and agreements hereinafter referred to, but if the Commission, in the exercise of its powers as aforesaid, permanently interferes with the use of any public road or roads and bridges, as the same are now located, it will, in that event, at its own expense, provide such new road or roads and bridges as may be necessary at new locations to take the place of any of those whose use is permanently interfered with.
(1986 Code, § 114-3) (1957 Code, § 520; 1935, Ch. 409, § 3)
§ 38.04 ACCEPTANCE OF GRANTS; DEFINITION OF TERMS.
   (A)   Authorization. The Commission is hereby authorized to accept from any state or any state or federal agency or from any political subdivision of any state or from any persons or corporations free grants of money or anything else for and/or in aid of the acquisition and/or construction and/or maintenance of any lands, structures, buildings, dams, impounding reservoirs, streambeds, waterways, roadways, rights-of-way, water rights or watersheds and appurtenances within the District and to enter into contracts for the free grant of money or anything else in aid of such purposes and powers with any state or federal agency.
   (B)   Terms defined.
      (1)   The term FEDERAL AGENCY shall mean the United States of America, the President of the United States, the Federal Emergency Administration of Public Works or other such agencies as may be designated or created to make grants or loans pursuant to the National Industrial Recovery Act of Congress of the United States of America, approved June 16, 1933, or any Acts amendatory thereof or any Acts supplemental thereto or revisions thereof or any further Acts of the Congress of the United States of America to encourage public works, to reduce unemployment and thereby to assist in national recovery and to promote the public welfare or to regulate the flow of navigable or other streams or to conserve water resources.
      (2)   The term STATE, as used herein, shall mean any state of the United States and shall include any board, commission or other agency or subdivision of such state and shall mean and include 2 or more states or agencies thereof acting jointly.
(1986 Code, § 114-4) (1957 Code, § 521; 1935, Ch. 409, § 4]
§ 38.05 NEGOTIATIONS AUTHORIZED FOR OBTAINING FREE AID; CONTRACTS AND AGREEMENTS.
   Immediately after April 29, 1935, and the organization of the Commission, it shall enter into negotiations with the state or federal agencies as may be empowered to grant and/or furnish free funds to the Commission to carry out the purposes of this chapter, and it is empowered to make any and all contracts and agreements requisite for the purpose of obtaining, by free grant or gift, all or any part of the amount of money necessary to purchase the land, structures or buildings or streambeds, waterways, roadways, rights-of-way, water rights or watersheds necessary to carry out the purposes of this chapter and for the construction of all dams, reservoirs, structures, appurtenances and machinery necessary for the control of the flow of water, as aforesaid, and for surveys and preliminary operations incidental to the construction of dams, reservoirs, and the like, contemplated hereunder, and also to accept the same outright in the form of a free grant or gift. In the event the Commission shall be successful in negotiations and shall make contracts or agreements for the obtaining free aid, then and in that event it shall begin the operations required under such contracts or agreements and in the manner set forth in the contracts or agreements, it being the intention of this chapter that the Commission shall not bind itself nor the County Commissioners for Allegany or Garrett County to the expenditure of any moneys for the capital outlay necessary for the land, structures, dams, reservoirs, and the like, or the preliminaries necessary for the acquisition or construction, except as is hereinafter provided for.
(1986 Code, § 114-5) (1957 Code, § 522; 1935, Ch. 409, § 5)
§ 38.06 OPERATION AND MAINTENANCE OF DAMS AND RESERVOIRS.
   (A)   Acquisition and control generally. Either before, during or upon the completion of the dams, reservoirs, structures, machinery and appurtenances deemed necessary for the control of the flow of water in the Upper Potomac River and its tributary rivers and streams within the District, the Commission is empowered to take over, acquire, control, maintain and operate the dams, reservoirs and appurtenances in its own name and at its own expense and to make and enforce such rules and regulations as may be required by reason of such contracts or agreements or as the Commission may deem necessary to properly control the flow of the water for the purposes hereof.
   (B)   Annual levy authorized in Allegany County. The County Commissioners of Allegany County shall, in the event the Commission succeeds in obtaining the things necessary to properly control the flow of the waters contemplated by this chapter, annually levy upon the assessed property of the county a tax sufficient for maintaining and operating the dams, reservoirs, and the like, and at least 30 days prior to the date of the making of the annual levy in Allegany County, the Commission shall certify under oath, to the County Commissioners of Allegany County the total amount of its outstanding monetary obligations, as well as the estimated amount of money necessary to continue the operation and maintenance of the dams, reservoirs, and the like, for the following fiscal year, and the County Commissioners shall pay unto the Treasurer of the Commission the amount so levied in the same manner as the other expenses of the county are usually paid. In the event that the Commission shall begin the operation and maintenance of the dams, reservoirs, and the like, at a time after the signing of the levy for that particular year, the County Commissioners of Allegany County shall pay in like manner from their contingent fund sums of money sufficient for the maintenance and operation for the balance of that fiscal year.
(1986 Code, § 114-6) (1957 Code, § 523; 1935, Ch. 409, § 6)
§ 38.07 FINANCIAL ASSISTANCE FROM ALLEGANY COUNTY.
   (A)   Borrowing power authorized; form of assistance. If the County Commissioners of Allegany County shall at any time hereafter deem it advisable and expedient for the welfare of the citizens of the county to make a capital outlay or expenditure of money to assist the Commission in aid of the acquisition and/or construction and/or maintenance of any lands, structures, buildings, dams, impounding reservoirs, streambeds, waterways, roadways, rights-of-way, water rights or watersheds and appurtenances within the District, the County Commissioners are authorized and empowered to borrow any amount necessary for such purposes up to but not exceeding $1,000,000 from any governmental agency authorized to make such a loan at reasonable interest rates and upon reasonable terms of payment, or they are hereby authorized and empowered to issue and sell, upon the faith and credit of the county, bonds to an amount not exceeding $1,000,000.
   (B)   Sale and issuance of bonds. Should a bond issue be decided upon, then the County Commissioners of Allegany County are hereby directed to advertise in the newspaper, printed and published in Allegany County, as may be determined by the County Commissioners, at least once a week for 4 successive weeks, the sale of the bonds, and advertisement shall state the time and place where bids, conditioned as may be required, will be opened, and the County Commissioners shall reserve unto themselves the right to reject any and all bids. The bonds shall be signed on behalf of the County Commissioners of Allegany County by the President and countersigned by the Clerk thereof and shall bear the corporate seal of Allegany County. They shall bear interest, payable semiannually, at the rate of not over 5% per annum, for which interest coupons are to be attached to the bonds; they shall be in the denomination of $100 or any multiple thereof and shall mature and become payable in blocks of $50,000 each, the $50,000 to mature and become payable on the first day of July 1956 and $50,000 of the same shall mature and become payable on July 1 in each and every year thereafter to and including July 1, 1975; and the bonds and interest thereon shall be exempt from all state, county and municipal taxation in the State of Maryland.
   (C)   Disposition of proceeds; subsequent tax levy. Upon procuring the loan or the sale of the bonds, the County Commissioners of Allegany County are hereby authorized and directed to give all the proceeds of the loan or sale, except incidental expenses incurred in the engraving or lithographing of the same and other expenses connected therewith, to the Upper Potomac River Commission to be used by it in carrying out the purposes and intentions of this chapter, but the purchaser or purchasers of the bonds shall not in any manner be required to see to the proper application of the proceeds thereof, and thereafter the County Commissioners of Allegany County are hereby authorized and directed to make a special tax levy upon the assessable property of the county annually from year to year so long as the same may be necessary to meet all the interest and principal payments which may become due upon the loan or bonds according to the original tenor of either.
(1986 Code, § 114-7) (1957 Code, § 524; 1935, Ch. 409, § 7; 1936, Sp. Sess., Ch. 6; 1939, Ch. 143)
§ 38.08 CONVEYANCE OR LEASE OF LANDS.
   (A)   Agreement authorized. The Upper Potomac River Commission and the State Department of Forestry are hereby authorized to enter into an agreement for the conveyance or lease of all or such part of the lands which the Commission has acquired or may hereafter acquire above the 1,483.5 contour level by the Commission to the State Department of Forestry. The agreement may provide that the property so conveyed or leased shall be planted in trees by the State Department of Forestry where necessary and that the lands shall be maintained in a forest cover for the protection of the watershed. The agreement shall provide, however, that the Commission shall have in perpetuity, through its agents and servants, the right of ingress and egress over and upon the lands for the purpose of inspection and maintenance of the aforesaid Savage River Dam.
   (B)   Rights and privileges of contracting parties. The Upper Potomac River Commission and the State Department of Forestry shall have the power, by agreement, to prescribe the rights, duties, obligations, privileges and powers of each of the contracting parties as to lands so conveyed or leased and the right of access to or over the lands not conveyed or leased belonging to or under the control of either of the contracting parties.
(1986 Code, § 114-8) (1957 Code, § 525; 1941, Ch. 342, § 7A)
§ 38.09 VIOLATIONS AND PENALTIES.
   It shall be unlawful for any person or persons to violate or interfere with any regulations of the Commission for the flow of the waters or to interfere with the operations of the dams, reservoirs, machinery and appurtenances thereof. Any person or persons who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction before any District Court or by the Circuit Court of the county in which such offense is committed, shall be subject to a fine not exceeding $100 or to confinement in the county jail for a period not exceeding 30 days, or both, in the discretion of the Court, and each violation shall be considered a separate offense, and conviction for 1 offense shall not be a bar against conviction for any offense arising thereafter.
(1986 Code, § 114-9) (1957 Code, § 526; 1935, Ch. 409, § 8)
Loading...