Allegany County, MD Article II Bowling Green and Robert's Place

[Adopted as Ch. 73, Art. II, of the 1984 Code]

§ 166-5 Boundaries established.

[1972, ch. 637,[1] sec. 16A]

The Bowling Green and Robert's Place Special Taxing Area constitutes a special taxing area or district. It comprises the following described portions of Allegany County: Beginning at a concrete monument standing on the east side of McMullen Highway at the foot of Dingle Hill, being a corner to the city limits of Cumberland, Maryland, coordinate north 662,835 and east 294,660 of the State of Maryland Coordinate System; thence with said city limits in a southwesterly direction until it intersects the westerly right-of-way limit of the Baltimore and Ohio-Cumberland and Ohio Railroad; thence with said Baltimore and Ohio-Cumberland and Ohio Railroad right-of-way limits to a point having coordinates north 653,480 and east 292,750; thence leaving said railroad right-of-way and with the line of Division Avenue extended in a northwesterly direction 4,220 feet, more or less, to a point standing on the Potomac Edison Transmission Line to the Celanese Corporation, having coordinates north 654,950 and east 288,700; thence with said transmission line north 7° 0' east 1,750 feet; thence continuing with said transmission line north 31° 30" east 3,100 feet to a tower, being the intersection of the Potomac Edison Transmission Line to Loch Lynn and the Celanese Corporation; thence in a northeasterly direction to a point standing on the City of Cumberland boundary line at the end of a line drawn north 43° 59' west 1,000 feet from the beginning of this description; thence reversing said line south 43° 59' east 1,000 feet to the place of beginning.

[1] Editor's Note: Chapter 637 of the Acts of 1972 was approved by the voters at a referendum on July 18, 1972.

§ 166-6 Bowling Green and Robert's Place Committee.

[1972, ch. 637, sec. 16B; 1973, ch. 555, sec. 16B(e)]

A. Creation; membership. For the purpose of carrying out the provisions of this article, the special taxing area shall be under the jurisdiction of the Bowling Green and Robert's Place Committee, which shall be composed of seven elected members.

B. Qualifications; oath. Members of the Committee shall be residents of the special taxing area who have resided therein for no less than six months next preceding the election for members of the Committee. Every person so elected or otherwise chosen as a member of the Committee shall qualify by taking an oath before any officer in Allegany County authorized by law to administer oaths that he will diligently and faithfully discharge all the duties of the office.

C. Vacancies. If any person fails to qualify as a Committeeman within 30 days after the selection or election or in case of any vacancies in an office of Committeeman for reason of death, resignation or otherwise, the remaining members of the Committee shall fill the vacancy by the appointment of a person qualifying under this article, who shall then hold the office for the unexpired portion of the term to which appointed.

D. Terms. Members of the Committee shall serve regular terms of three years, except for those comprising the first set of Committeemen. Three persons shall serve for terms of three years, two persons for terms of years and two persons for terms of one year, beginning as of July 1, 1972.[1]^, [2]

[1] Editor's Note: For a current listing of members of the Committee, consult County records in the office of the County Clerk.

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. Elections. Beginning on the second Thursday in the month of July and on this same day in each year thereafter, there shall be an election among the residents of the special taxing area to fill the places on the Committee then expiring. Each of these elections shall be under the supervision and direction of the Bowling Green and Robert's Place Committee. The elections shall be conducted generally in conformity with the provisions of the Election Law of the Annotated Code of Maryland.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 166-7 Organization; rules of procedure.

[1972, ch. 637, sec. 16C]

A. Officers. After appointment or election, the Committee shall meet promptly and organize. The members shall appoint their own officers from time to time, including a Chairman, Treasurer, Secretary and other officers deemed necessary in the judgment of the Committee. The offices of Treasurer and Secretary may be combined.

B. Quorum. Four members of the Committee are a quorum, but at least five concurring votes are required to enact any business. A lesser number than a quorum may adjourn from time to time and seek the attendance of the absentee members.

C. Business. New business may not be passed on in the same meeting in which it is introduced. A minimal period of two weeks is required between the time new business is introduced and the time the Committee takes final action on it.

§ 166-8 Powers of Committee.

[1972, ch. 637, Sec. 16D; 9-20-1985 by Bill No. 5-85]

A. Acquisition and maintenance of utility systems; employment of other personnel. The Committee may provide generally within the special taxing area for the acquisition, construction, maintaining and operation of a system of streetlights, a water system for sanitary and fire prevention purposes, street signs, the collection of refuse and the establishment of parks and recreation facilities located within the geographical boundaries of the Special Taxing Area. The Committee may also use funds at its disposal to retain the professional services of an attorney, a certified public accountant or other professional services it deems necessary.

B. Disposition of surplus funds. Any surplus moneys held by the Committee after making provision for the streetlights, street signs, the water system, refuse collection, parks and recreation and community improvements may be contributed to the Fire Departments providing fire protection to the Bowling Green and Robert's Place Special Taxing Area.

C. Rules and regulations. The Committee is authorized to prescribe all rules and regulations necessary for the administration and enforcement of this article.

§ 166-9 Annual tax levy; disposition of funds.

[1972, ch. 637, sec. 16E; 2003, ch. 247; 4-12-2007 by Bill No. 4-07; effective 5-27-2007]

A. The Board of County Commissioners of Allegany County is directed to levy and collect from the property owners of the Bowling Green and Robert's Place Special Taxing District, amounts to be fixed by it at not more than $0.10 on each $100 worth of assessable real property other than operating real property of a public utility and not exceeding $0.25 on each $100 worth of assessable personal property and operating real property of a public utility. The Board of County Commissioners will then pay over the tax to the Committee Treasurer.

B. Accounting for funds. The Committee Treasurer shall deposit all funds coming into his possession as Treasurer in the bank approved by the Committee. Funds shall be paid out only when authorized by resolution of the Committee pursuant to accomplishing the purposes of § 166-8. Funds shall not be paid out except by check duly signed by the Chairman and countersigned by the Secretary and Treasurer.

C. Audits. At its first meeting after the second Thursday in the month of July of each year, the Committee shall appoint an Auditing Committee of two members to audit the books of the Treasurer and report its findings to the Committee. After receipt and approval of the report, the Committee shall forward a copy of it to the Board of County Commissioners of Allegany County.