[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.
[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. 128; 1949, ch. 169, sec. 124Q]
The Association shall and is hereby authorized and empowered
to prescribe all needful rules and regulations for the administration
and enforcement of this article.
[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]
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.
