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(a) An enterprise fund is established. The Director of Finance administers the fund. The Director of Finance must deposit to the enterprise fund:
(1) all funds paid to the County, either directly or through the Montgomery County public school system, from user fees and other payments for non-school use of school facilities;
(2) funds from grants, contracts, or other arrangements with federal or state governments or from other public or private sources in connection with the non-school use of school facilities;
(3) all funds paid to the County from user fees and other payments for community use of other public facilities; and
(4) any funds appropriated by the County Council to the enterprise fund.
(b) The Director of Finance must pay from the enterprise fund amounts necessary to:
(1) reimburse the Montgomery County public schools for costs incurred or services rendered in making school facilities available for community or other non-school use;
(2) reimburse a government agency for costs incurred or services rendered in making other public facilities available for community use;
(3) pay the expenses of meetings and other activities of the Board; salaries and other expenses for the Director, coordinators, and other personnel necessary to implement this Chapter; and
(4) pay any other expenses necessary to carry out the activities authorized or required by this Chapter.
(c) (1) The Director of Finance and the Director of Management and Budget must establish a system of fund accounts and other accounts that reflect all identifiable direct costs necessary to make school facilities available for non-school use and other public facilities available to community use. For school facilities, the Directors must establish the accounting system in cooperation with the Superintendent, using criteria approved by the Board. This subsection does not apply to a joint tenancy arrangement maintained by the Board of Education.
(2) The accounts established under paragraph (1) must provide the financial basis to:
(A) calculate and establish fee schedules;
(B) estimate any subsidy the County will provide for a particular type of community use; and
(C) prepare budget requests for the appropriation of County funds to implement this Article. (1979 L.M.C., ch. 19, § 2; 1998 L.M.C., ch. 29, § 1.)
The members of the board of education of the county shall each receive annually the sum of three hundred dollars ($300.00) for traveling and other expenses incident to attending the meetings and transacting the business of the board within the county, the sums to be put in the school budget and to be levied by the council. (Mont. Co. Code 1965, § 21-1; 1931, ch. 172.)
All children who attended any denominational or parochial nonprofit schools in the county which schools do not receive state aid and who reside on, along or near to the public highways of the county, on which there is now or hereafter operated a public school bus or conveyance provided by the board of education of such county for transporting children to and from the public schools of the county, shall be entitled to transportation on the buses or conveyances, and the same shall be provided for them by the board of education of the county, subject to the conditions hereinafter set forth, from a point on the public highways nearest or most accessible to their respective homes to a point on such public highways nearest or most accessible to their respective schools, without changing the routes of such buses or conveyances now or hereafter established by the board of education of the county for transporting children to and from the public schools, and such transportation shall be provided by the board of education, as aforesaid, for all the children attending schools described herein, upon the same terms and conditions as now or as may be hereafter established by the board of education of the county for children attending public schools. (Mont. Co. Code 1965, § 21-2; 1945, ch. 977, § 1.)
Editor's note-A similar provision, applicable to Baltimore County, ch. 185, 1937, was held to be valid in Board of Education v. Wheat, 174 Md. 314, 199 A. 628 (1938). See also, Adams v. County Commissioners of St. Mary’s County, 180 Md. 550, 26 A.2d 377 (1942), upholding a somewhat different statute providing for transportation of private school children. A New Jersey statute providing for public transportation for private school children was held not to violate the fourteenth amendment to the United States Constitution in Everson v. Board of Education, 330 U.S. 1 (1947).
The council is hereby authorized to levy and appropriate annually sufficient funds to defray any costs incurred by it in carrying into effect the provisions of section 44-7 and for the establishment of new bus routes, if in their discretion the board of education of the county and the council deem it desirable to establish new routes and to purchase additional buses, for the transportation to and from school of children attending schools not receiving state aid. The transportation of children to and from schools not receiving state aid shall be upon such reasonable terms and conditions as the board of education may from time to time determine but in no event shall the amount charged children attending such schools for using such buses or conveyances be greater or less than the amount charged children attending the public schools for the same kind of transportation. (Mont. Co. Code 1965, § 21-3; 1945, ch. 977, § 1.)
The county board of education is hereby, in its discretion, authorized and empowered to accept donations of land and improvements thereon in the county, suitable for public school uses subject to mortgage indebtedness or indebtedness thereon not exceeding two-thirds of the value of each such donation, and to assume the payment of such indebtedness, to make extensions thereof and to pay the interest thereon as the same shall become due and payable out of any funds derived by such board from time to time from the county; provided, however, that a good and sufficient title shall be given in the corporate name of the county board of education for such land, subject only to such mortgage indebtedness; and provided further, that in case of the erection of a new building or of any addition to any such building under agreement with such board to accept a donation, as provided for in this chapter, the plans and specifications of such new building or addition to any building, so proposed to be donated, and any and all modifications thereof shall be submitted to and approved by the board; and further provided, that the interest on such indebtedness so assumed shall not exceed in any case a fair rental for the property donated; that before accepting any such donation the board shall advise the council of its purpose so to do and in writing, and the council shall have the right to consider the same ten (10) days and to forbid such acceptance if it shall be of the opinion that such indebtedness exceeds two-thirds of the value of the property donated or the interest thereon exceeds a fair rental for the property donated. (Mont. Co. Code 1965, § 21-4; 1908, ch. 229, § 1; 1912, ch. 790, § 531.)
On or before January 1, 1939, and in every second year thereafter, the county board of education shall prepare a comprehensive survey and report on the needs of the county with respect to the construction, maintenance, repair and equipping of schools during the succeeding four-year period, with full estimates of their cost and the recommendations of such board with respect thereto. A copy of such report shall be submitted to the council, and to the senator and each delegate to the general assembly from the county for their use and information. (Mont. Co. Code 1965, § 21-5; 1937, ch. 480, § 861B.)
The county board of education is hereby required hereafter to pay the salaries of the teachers of public schools in the county monthly; and that such teachers be and they are hereby required to make their reports to the board monthly instead of quarterly. (Mont. Co. Code 1965, § 21-6; 1898, ch. 451, § 1; 1912, ch. 790, § 526.)
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