[Amended 5-3-2011 by Bill No. 1-2011]
The Department of Public Works shall be assigned
such functions as provided for in this chapter. For the purpose of
this chapter, the term “Department” shall refer to said
Department.
[Amended 5-3-2011 by Bill No. 1-2011]
Water and wastewater facilities and services shall be provided
and managed on the basis of separate service areas or shared facility
areas which shall be established as provided by law or by resolution
of the County Commissioners. The revenues and expenditures for each
such area shall be accounted for in a separate enterprise fund in
accordance with the financial management rules of the county, and
charges and fees shall be levied against the benefited properties
in each area sufficient to pay the operating expenses and debt service
associated with each separate area; provided, however, that the County
Commissioners may, in their discretion, make grants or loans from
the general fund of the county to any such enterprise fund as they
may determine to be necessary and appropriate.
A.
Abolishment. Pursuant to the provisions of the Annotated
Code of Maryland, Article 25B, § 13E(d), the Kent County
Sanitary District and Kent County Sanitary Commission are hereby abolished,
except as otherwise provided in this chapter.
B.
Continuation of existing service areas. All legally
established water or sewer service areas created by the Sanitary Commission
as of the date of abolishment shall continue in existence as separate
service areas for water and sewer service, and the revenues, expenses,
assets, liabilities and debt of each service area shall be accounted
for in separate funds for each of said service areas.
C.
Assumption of debt. As of the effective date of the
abolishment of the Sanitary District, all outstanding bonds and indebtedness
of the district are hereby assumed by the County Commissioners, and
the full faith and credit of the County Commissioners is hereby pledged
to meet the debt service requirements on all such bonds. For the purpose
of paying the principal and interest on all such debt, the County
Commissioners shall continue to assess and collect front footage benefit
assessments and connection charges against all real property in each
of the respective service areas existing at the time of the abolishment
as necessary to retire the bonds which were issued for the benefit
of such service area. The County Commissioners may provide, by resolution,
for any such additional provisions as may be necessary to effect the
assumption of said debt and the payment of the principal and interest
on said debt. The County Commissioners may also provide for the refunding
or refinancing of any such outstanding bonds in such manner as they
shall determine.
D.
Assumption of assets. All assets of the Sanitary District
and the Sanitary Commission shall be transferred to the County Commissioners,
and all liabilities of the Sanitary District and the Sanitary Commission
are hereby assumed by the County Commissioners. Until the effective
date of the abolishment, the Sanitary Commissioners shall serve as
trustees of the assets of the Sanitary District and shall not transfer
any assets or property without the consent of the County Commissioners.
Upon the effective date of the abolishment, the Trustees shall execute
all necessary documents to transfer of the assets of the district
to the County Commissioners.
E.
Transfer of property. All real and personal property
of the Sanitary District shall be transferred to the County Commissioners.
Until the effective date of the abolishment, the Sanitary Commissioners
shall serve as trustees of the property of the Sanitary District and
shall not transfer any assets or property without the consent of the
County Commissioners. Upon the effective date of the abolishment,
the Trustees shall execute all necessary documents to transfer the
property of the district to the County Commissioners.
F.
Responsibilities for agreements. Any legal and legally
enforceable agreement entered into by the Sanitary District or Sanitary
Commissioners in effect as of the effective date of the abolishment
shall be assigned to the County Commissioners, and the County Commissioners
shall be responsible for enforcing and carrying out the provisions
of said agreement.
G.
Continuance of rules and regulations. Upon the effective
date of the abolishment, all orders, rules and regulations of the
Sanitary District and the Sanitary Commission shall continue in effect
and shall be enforceable by the County Commissioners until revoked
or modified by resolution of the County Commissioners.
H.
Revenues. Any revenues of the Sanitary District which
were collected and dedicated for a specific purpose shall continue
to remain dedicated for said purpose and shall not be transferred
to the general fund of the county. Such revenues shall be credited
to a separate fund as directed by the County Commissioners.
I.
Pending matters. The County Commissioners may continue
all matters which were pending before the Sanitary District and the
Sanitary Commission as of the effective date of the abolishment, and
if continued, the County Commissioners shall direct the completion
of such matters by the Department.
A.
Exercise powers of Sanitary District. Upon the abolishment
of the Sanitary District and Sanitary Commission, the County Commissioners
shall exercise all the powers of a water or sewer authority or Sanitary
District or Commission.
B.
Power to regulate, acquire, operate and set fees.
The County Commissioners may:
(1)
Adopt, by resolution, regulations for water and sewerage
management.
(2)
Acquire, construct, operate and maintain water and
sewerage systems as the County Commissioners consider to be in the
public interest and necessary to protect the general health and welfare.
