[Adopted as Ch. 33 of the 1984 Code]
[1955 Code, sec. 113; 1949, ch. 169, sec. 124B; 1972, ch. 636]
For the purpose of this article, Cresaptown, in Allegany County, Maryland, as hereinafter described, shall constitute a special taxing area or district, to be known as the "Cresaptown Special Taxing Area or District," and shall comprise the following described land in parts of Election District Nos. 6, 7 and 29 in said County, and being more particularly described as follows:
A. 
Beginning for the first at a concrete monument at the southwest end of The Celanese Corporation of America property between the McMullen Highway and Darrows Lane on the bank of Warrior Run; thence with The Celanese Corporation of America line north 22° 59' east 412.5 feet to a point; thence north 13° 24' east 50.5 feet to a point; thence north 0° 56' west 259 feet to a point; thence north 2° 17' west 130 feet to a point; thence leaving The Celanese Corporation of America line north 69° 44' west 2,697 feet to an iron pin which is the southeast corner of the Martz property on the north side of Winchester Road; thence south 29° 51' west 905 feet to a point which is beside a corner fence post on the north side of Quarry Road across from a yellow house; thence north 72° 44' west 762 feet to the approximate corner of Dewey Sheppard; thence with the Sheppard line south 25° 58' west 750 feet to a point; thence north 64° 38' west 353 feet to a point; thence leaving Sheppard's line south 2° 39' east 542 feet to a point; thence south 31° 44' west 1,560 feet to a point in the south side of Brant Road; thence south 55° 00' east 1,723 feet to a point which is in the northwest corner of the intersection of Lone Oak Road and McMullen Highway; thence south 76° 26' east 1,683 feet to a point south of the Catholic church; thence north 75° 43' east 2,476 feet to a point which is the corner of the Baltimore and Ohio Railroad Company right-of-way and the Mason property; thence north 48° 59' east 1,346 feet to a point which is a monument at the southeast corner of The Celanese Corporation of America property; thence with the lines of said company north 34° 16' west 281.6 feet to a point; thence north 32° 46' west 211 feet to a point; thence north 31° 01' west 378 feet to a point; thence north 29° 36' west 63 feet to a point; thence north 58° 01' west 72 feet to a point; thence north 68° 16' west 689 feet to a point; thence north 79° 01' west 46 feet to a point; thence south 81° 44' west 245 feet to a point; thence north 17° 15' east 25 feet to the place of beginning.
B. 
Beginning for the second at the end of the 11th line of the above description, said beginning being a point on the south side of Brant Road, and running thence with the 12th line of said description south 55° east 1,723 feet to the northwesterly intersection of Lone Oak Road with McMullen Highway; thence running with the northwesterly side of the McMullen Highway south 44° 33' west 165 feet to the northwesterly intersection of McMullen Highway with Wyoming Avenue; thence with the southerly side of Wyoming Avenue south 79° 18' west 1,200 feet; thence south 83° 03' west 366 feet to a point opposite the center line of California Avenue; thence with the center line of California Avenue north 01° 57' west 1,295 feet to the southerly side of Brant Road; thence with the southerly side of Brant Road north 74° 33' east 300 feet to the place of beginning.
[1955 Code, sec. 114; 1949, ch. 169, sec. 124C; 1963, ch. 161; 1974, ch. 279, sec. 100; 3-13-2003 by Bill No. 2-03]
A. 
Creation; membership; vacancy. For the purpose of carrying out the provisions of this article, the special taxing area or district herein created shall be under the jurisdiction of the Cresaptown Civic Improvement Association, composed of five persons, each of whom has been a resident of said district for at least two years, and is a qualified voter. Each of the members shall qualify before any officer in Allegany County authorized by law to administer oaths by subscribing to an oath that he will diligently and faithfully discharge all duties of said office. In case any such person shall fail to qualify within 30 days after his election as a member of the Association, as hereinafter provided, or in case of any vacancy through death, resignation or otherwise, the remaining members of said Association shall fill such vacancy by the appointment of a resident of said district having the qualifications hereinabove prescribed, who shall hold office for such term or unexpired term or until the next election.
B. 
Elections; voter registration; officers. On the first Monday in April 1950, two members of said Association shall be elected to serve for one year and three members to serve for two years. On the first Monday in April 1951 and on the first Monday of April of each succeeding year thereafter, an election shall be held at which members of the Association shall be elected to serve for two years to succeed those whose terms expire, which said members of the Association shall be elected to fill any vacancies which may exist, but said members of the Association so elected to fill such vacancies shall serve for the remainder of the unexpired term only. The election shall be by ballot under the direction of said Association and shall be between the hours of 9:00 a.m. and 7:00 p.m. The Association shall provide books for registration of the qualified voters of said special taxing area or district and shall permit registration, either in person or by mail at the office of the Association during regular business hours; provided, however, that said books of registration shall be closed 30 days prior to the election, and shall not be reopened until the next business day after the election. The Association shall cause ballots to be printed for said election, and the nominations for members of the Association shall be made according to the rules and regulations adopted by said Association. Only residents of said special taxing area or district who shall have resided within said district for not less than six months next preceding said election shall be entitled to vote in said election. Following each election, each newly elected member shall qualify by taking the oath prescribed aforesaid. The Association shall select from its members a Chairman, Secretary, Treasurer and any other officer or officers it may deem necessary.
C. 
Body corporate. The members of said Association shall be a body corporate, by the name of "Cresaptown Civic Improvement Association," 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 article.
D. 
Expenditure of funds.
(1) 
Any moneys, from whatever source derived, except money derived from the sale of water, held by the Cresaptown Civic Improvement Association, after making provision for water, may be expended for:
(a) 
The acquisition by purchase, gift, devise, bequest or grant or otherwise, title to or any interests or rights in real property.
(b) 
The construction and maintenance of community playgrounds and other recreational and play areas; and
(c) 
The provision for other community projects and services as needed or desired by the citizens of the Cresaptown tax area.
(2) 
The expenditure of any such funds held by the Cresaptown Civic Improvement Association for the special tax area shall be made only after due consideration by the Association and upon a majority vote of the Association; provided, however, that with the exception of special purpose grants, all funds accumulated prior to June 30, 2002, shall be expended solely for water system purposes.
[1955 Code, sec. 115; 1949, ch. 169, sec. 124D; 1953, ch. 699, sec. 124D; 3-13-2003 by Bill No. 2-03]
The Association shall have the continuing power to borrow a sum or sums of money not to exceed $150,000 at any one time and to execute promissory notes therefor, payable at some future definite time or payable by installments, and said Association be and it is hereby authorized and empowered to repay said loans out of any money lawfully coming into its possession and not specifically marked for a special fund or funds.
[1955 Code, sec. 116; 1949, ch. 169, sec. 124E; 3-13-2003 by Bill No. 2-03]
For the purpose of providing funds for the designs, construction, establishment or purchase of a water supply system or systems to furnish water to said Cresaptown Special Taxing Area or District, the Board of County Commissioners of Allegany County is hereby authorized and empowered to issue bonds from time to time upon the faith and credit of said County in an amount not to exceed $150,000 as it may deem to be necessary for said improvements by the officers of said Association to carry on its work. The bonds shall be serial bonds issued upon the serial maturing plan and in such denominations as shall be determined by said County Commissioners, and said bonds may be redeemable before maturity at the option of said County Commissioners at such price and under such terms and conditions as may be fixed by said County Commissioners prior to the issuance of said bonds and shall bear interest at a rate not to exceed 5% per annum, payable semiannually, and shall mature in not more than 25 years after date of issue and shall be forever exempt from state, city and County taxation. The bonds shall be issued under the signature and Seal of said County Commissioners and in accordance with the provisions of § 10 of Article 31 of the Annotated Code of Maryland, 1957 Edition. At any time prior to the issuance of any such bonds, said County Commissioners of Allegany County are hereby authorized to furnish to said Association a sum not exceeding $5,000, which shall be repaid out of the first available moneys derived from the sale of the first bonds issued as hereinbefore provided for.
[1955 Code, sec. 117; 1949. ch. 169, sec. 124F; 1972, ch. 56; 2003, ch. 247; 1-15-1982 by Bill No. 14-81; effective 3-31-1983; 9-17-1982 by Bill No. 7-82, effective 9-30-1982; 3-13-2003 by Bill No. 2-03]
The Board of County Commissioners of Allegany County is hereby 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 1949 and each succeeding year thereafter, within said described area, "Cresaptown Special Taxing Area or District," as named and created and defined by this article, amounts to be fixed by them at not more than $0.18 on each $100 worth of assessable real property other than operating real property of a public utility and not exceeding $0.45 on each $100, worth of assessable personal property and operating real property of a public utility in the area, as herein before described, to be collected as all other taxes in said County are collected, to be paid over by said Board of County Commissioners to the Director of Finance.
[1955 Code, sec. 118; 1949, ch. 169, sec. 124G[1]]
The Association is hereby authorized and empowered to purchase or acquire by gift any existing water system or systems or existing water supply system or systems or any other water in said county which, in its judgment, is or are desirable or necessary for the purpose of providing an adequate water supply for the residents of said Cresaptown Special Taxing Area or District, subject, however, to the right of the County Commissioners of Allegany County to approve the purchase of such system or systems when expending money raised by bond issue of said County Commissioners, and in the event of failure to agree on the purchase price or conditions of purchase of said water or water supply, said Association may acquire same by condemnation in accordance with the provisions of § 12-101 et.seq., of Real Property Article of Annotated Code of Maryland, in the same manner as it is authorized to acquire land by this article, subject to limitations herein stipulated; however, no powers of condemnation are authorized against the property belonging to the state or any political subdivision thereof.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[1955 Code, sec. 119; 1949, ch. 169, sec. 124H]
Privately owned systems shall be taken under said condemnation by the Association free and clear of all debts and liens, but said Association shall make a party defendant any person, firm or corporation having any recorded lien or encumbrance against said property, and the Circuit Court is hereby empowered and authorized to determine the respective amounts due the defendants, and from and after payment into court or to the proper parties, the Association shall be authorized to take possession of, maintain and operate said system as a part of its general system, and from the date of such payment, ail properties along the line of any water main of the system so acquired shall stand in the same relation, bear the same benefit assessment and be subject to the same regulations and penalties as though the system so acquired had been constructed and put into operation by the Association under the provisions of this article.
[1955 Code, sec. 120; 1949, ch. 169, sec. 124-I]
The Association is hereby specifically authorized to purchase water at wholesale rate from any existing municipal water system or systems or any such system or systems which may be placed in operation in the future.
[1955 Code, sec. 121; 1949, ch. 169, sec. 124J]
The Association is hereby authorized and empowered to place in operation and maintain such fire hydrants as it may, in its discretion, deem to be advantageous to the residents of said Cresaptown Special Taxing Area or District.
[1955 Code, sec. 122; 1949, ch. 169, sec. 124K]
The Association shall and is hereby authorized and empowered to extend its water supply lines into any area outside of said taxing area or district contiguous thereto or in the vicinity thereof when the property owner or owners of said area shall agree to the charges, assessments and other costs and conditions that may be imposed by said Association as a requisite precedent to said extension of its lines and to sell waters to said residents at rates to be prescribed by said Association.
[1955 Code, sec. 123; 1949, ch. 169, sec. 124L]
The Association may enter upon and excavate any street or county street, road or alley for the purpose of installing, maintaining and operating the water supply system provided for under this article, and it may construct in any such street, road or alley a water main or drain or any appurtenances thereof or obtain a permit from the proper authority for which no charge shall be made, provided that whenever any state or county highway is to be disturbed, the proper authority having control thereof shall be duly notified and a permit obtained therefor, and provided further that said highway shall be repaired and left by the Association in the same condition as, or in a condition not inferior to, that existing before said highway was torn up, and all costs incident thereto shall be borne by the Association.
[1955 Code, sec. 124; 1949, ch. 169, sec. 124M]
Any employee or agent of said Association shall have the right of entry at all reasonable hours upon any private premises and into any building in said area while in pursuit of his official duties upon first presenting proper credentials from the Association, and any restraint or hindrance offered to such entry by any owner or tenants or agent of said owner or tenant or any other person shall be a misdemeanor punishable under § 166-48 of this article.
[1955 Code, sec. 125; 1949, ch. 169, sec. 124N]
All individuals, firms and corporations, except municipal corporations, having buildings, conduits, pipes, trucks, poles or other structures or obstructions in, on, over, under or through any public road, street or alley of said district, which shall block or impede the construction and establishment of the Association's water supply system or other works, shall, upon reasonable notice from the Association, promptly so shift, adjust, accommodate or remove such structures or obstructions as fully to meet the exigencies occasioning such action; provided, however, that the costs of such changes shall be borne and paid for by the Association.
[1955 Code, sec. 128; 1949, ch. 169, sec. 124P; 3-13-2003 by Bill No. 2-03]
A. 
Penalty provisions. Each act or omission designated as a misdemeanor in this article, unless otherwise provided, shall be punishable by any court of competent jurisdiction in Allegany County, and the offender shall, upon conviction, be subject to a fine not exceeding $1,000 or to confinement for not more than 30 days in the County Detention Center, or both, in the discretion of the Court.
B. 
Subsequent offenses. Where such act or omission is of a continuing nature and is persisted in violation of the provisions of this article or of any rule or regulation formulated hereunder, a conviction for one offense shall not be a bar to the conviction for a continuation of such offense subsequent to the first or any succeeding conviction.
[1955 Code, sec. 129; 1949, ch. 169, sec. 124R; 1953, ch. 699, sec. 124R; 3-13-2003 by Bill No. 2-03]
The Treasurer of said Association shall deposit all funds coming into his possession as said Treasurer in such bank as may be approved by said Association, and funds shall not be paid out except by check duly signed by said Treasurer and countersigned by the Chairman or by some member of said Association acting as Chairman and so authorized to act by resolution by said Association, which must first be spread upon the minutes of said Association, and said Treasurer and any officer so authorized to sign checks shall give bond with corporate security to ensure his/her faithful performance of such duties in the sum of $10,000, the premium of which bond shall be paid by the Association.
[1955 Code, sec. 130; 1949, ch. 169, sec. 124S]
A. 
Annual audit. The Association shall provide for an annual audit to be conducted by a certified public accountant.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Compensation. The members of said Association shall receive no compensation for their services as such members.[2]
[2]
Editor's Note: Original Sections 116A, Streetlights; tax, and 116B, Same; powers, respectively, were enacted subject to a referendum to be held July 15, 1968. The referendum election was not held, and the sections were included in the former Code for informational purposes only. Since the sections are not in effect, they have been omitted here.