*Editor's note—Chapter 70 is cited in Council of Chevy Chase View v. Rothman, 323 Md. 674, 594 A.2d 1131 (1991).
§ 70-1. Constituted special taxing area; boundaries prescribed.
§ 70-2. Annual levy; selection of treasurer; bond; purposes for which funds shall be spent.
§ 70-3. Citizens' committee-Election; terms; vacancies; oath of office, etc.
§ 70-4. Same-General powers; special assessments.
§ 70-5. Same-Competitive bidding, etc.
§ 70-6. Same-Regulations; enforcement.
§ 70-7. Same-Borrowing of money.
§ 70-8. Treasurer's duties, etc.
For the purpose of this chapter, the subdivision of Oakmont of Montgomery County, Maryland, bounded as per plat recorded among the land records of Montgomery County, shall constitute a special tax area or district. (Mont. Co. Code 1965, § 69-1; 1918, ch. 190, § 1; 1979, ch. 728, § 1.)
The county council for Montgomery County is authorized, empowered and directed to levy and cause to be collected from the property owners at the time of the county tax levy for the year 1918, and each succeeding year within the area of Oakmont as created by this chapter amounts to be fixed by them not less than four cents ($0.04) nor more than twenty cents ($0.20) on each one hundred dollars ($100.00) worth of assessable real property other than operating real property of a public utility and not less than ten cents ($0.10) nor more than fifty cents ($0.50) on each one hundred dollars ($100.00) worth of assessable personal property and operating real property of a public utility in the subdivision of Oakmont, Montgomery County, to be collected as other county taxes in the county are collected, to be paid over by the county council to the treasurer of the Oakmont Subdivision to be selected from among their number by a majority of the members of the Oakmont Citizens' Committee of Oakmont Subdivision, or by their successors to be selected as herein provided. Upon the treasurer having been duly selected by the committee and giving corporate bond to Montgomery County, Maryland, satisfactory to and approved by the county executive or his designee and the county attorney in a penal sum to be fixed by them, conditioned upon faithful discharge of the duties of the treasurer, the county council shall also order and have paid over to the treasurer the proportion of the county road tax to be levied and collected in the same manner as though the subdivision of Oakmont was an incorporated town, and the subdivision of Oakmont shall for that purpose be considered by the county council as an incorporated town of the county; and the proportion of the county road tax received by the treasurer of the Oakmont Subdivision shall be used by the Oakmont Citizens' Committee exclusively for the maintaining and repairing of streets and lanes within the Oakmont Subdivision that may have been dedicated to the public or to Montgomery County and whether accepted by the county or not; all other funds to be used by the Oakmont Citizens' Committee directly or through the committee exclusively for maintaining, repairing, lighting the streets, roads, alleys, sidewalks, parking, sanitation and other maintenance and upkeep of existing improvements, for purposes set forth in section 70-3(c), and for enforcing such regulations as the citizens' committee may prescribe for Oakmont Subdivision, or any part of the section thereof. (Mont. Co. Code 1965, § 69-2; 1918, ch. 190, § 2; 1951, ch. 558, § 1; 1979, ch. 728, § 1; 2003, ch. 247.)
(a) The said Oakmont Citizens' Committee shall be constituted as follows: Oliver Owen Kuhn, Charles A. Read and James C. Adkins, who shall serve until the qualification of the committeemen to be elected in April, 1919, as herein provided, and vacancies therein shall be filled by the remaining committeemen as hereinafter provided, the first shall, until otherwise directed by said committee, be and constitute the chairman thereof, each of whom shall qualify as such committeeman by taking an oath before any officer of said Montgomery County authorized by law to administer oaths to diligently and faithfully discharge all duties of the office. In case any such persons shall fail to qualify within ten (10) days after April 10, 1918, or any of their successors shall fail to qualify within ten (10) days after his election as committeeman as hereinafter provided, or in case of any vacancy through death, resignation, removal from said Oakmont Subdivision, or otherwise, the remaining committeemen shall fill such vacancy by appointment of a bona fide property holder and taxpayer, who shall hold office until the next election as hereinafter provided.
(b) On the second Tuesday in April, 1919, three (3) members of said citizens' committee shall be elected, one (1) to serve one (1) year, one (1) to serve two (2) years and one (1) member to serve three (3) years. On the second Tuesday in April, 1920, and on the second Tuesday in April of each following year, an election shall be held at which a committeeman shall be elected to succeed the committeeman whose term has expired, and at which committeemen shall be elected to fill such vacancies as may exist, but the committeemen so elected to fill such vacancies shall serve only for the remainder of the unexpired term. Election shall be by ballot in a manner prescribed by the said citizens' committee. Only those residents who have been property holders and taxpayers in said Oakmont Subdivision shall be entitled to vote or hold the office of committeeman. Following each election each newly elected member of the said citizens' committee shall qualify by taking an oath before any officer of said Montgomery County, authorized by law to administer oaths, to diligently and faithfully discharge all duties of office. Said committee shall select from their number a chairman, secretary-treasurer and any other officers they may deem necessary.
(c) The members and officers of the Oakmont Citizens' Committee shall be compensated for their services in an amount determined by the committee. Any change in such compensation is not effective until the qualified voters of Oakmont have been given an opportunity to vote thereon and the change has been approved by a majority of the votes cast. (Mont. Co. Code 1965, § 69-3; 1918, ch. 190, § 3; 1979, ch. 728, §1; 2003, ch. 423, § 1.)
Editor's note—2003, ch. 423, § 2, states [t]hat pursuant to Article III, Section 35 of the Constitution of Maryland, this Act may not be construed to extend or apply to the salary or compensation of the members of the Oakmont Citizens' Committee in office on the effective date of this Act [October 1, 2003], but the provisions of this Act concerning the removal of the limitation on the maximum amount of salary or compensation of the members of the Oakmont Citizens' Committee shall take effect at the beginning of the next following term of office.
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