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Session Laws, 1950 WM. PRESTON LANE, JR., GOVERNOR

CHAPTER 99
(House Bill 142)

AN ACT to add four new sections to Article 1 of the Code of Public Local Laws of Maryland (1930 Edition), title
"Allegany County", to be under sub-title "Mt. Savage Special Tax Area", said new sections to be known as Sections 491A-491D, inclusive, and to follow immediately after Section 491 of said Article, creating a special taxing area or district, to be known at Mt. Savage Special Tax Area, providing for a Citizens' Committee and for the levying of a tax for street lights, and making this Act subject to a referendum in said tax area.

WHEREAS, the populous Mt. Savage area of Allegany County is seriously in need of electric light facilities; and

WHEREAS, the experience of the citizens of this community and also surveys conducted by the State Roads Commission demonstrate that the absence of such street lighting facilities in this community represents a clear and present danger to the welfare and safety of the citizens of Allegany County; and

WHEREAS, there seems to be no practical way to get such street lighting facilities for the community of Mt. Savage other than by creating a Special Tax District and collecting a special tax for this purpose; and

WHEREAS, the need for street lighting facilities and for the creation of a Special Tax Area to provide such facilities is one of acute emergency to the residents of the community of Mt. Savage in Allegany County; now therefore

SECTION 1. Be it enacted by the General Assembly of Maryland, That four new sections be and they are hereby added to Article 1 of the Code of Public Local Laws of Maryland (1930 Edition), title "Allegany County", to be under sub-title "Mt. Savage Special Tax Area", said new sections to be EXPLANATION: Italics indicate new matter added to existing law. [Brackets] indicate matter stricken from existing law. CAPITALS indicate amendments to bill. Strike-out indicates matter stricken out of bill. known as Sections 491A-491D, inclusive, to follow immediately after Section 491 of said Article, and to read as follows: 491 A. For the purpose of this sub-title, the Mt. Savage Special Tax Area, in Allegany County, as hereinafter described, shall constitute a special taxing area or district, and shall be deemed and taken to comprise certain parcels of land, as follows: All that tract or parcel of ground surrounding most of Mt. Salvage, SAVAGE, Allegany County, State of Maryland, and more particularly described as follows, to wit: Beginning for same at a point standing South 35° 50' East 500 feet from the center of New Town concrete bridge, thence South 54° W West 3,000 feet, thence South 72° West 2,700 feet, thence North 19° West 4,100 feet, thence North 72° East 3,150 feet, to a point in line with alleyway in rear of Harry Turley^’s lot extended in a northerly direction, thence with the center line of said alley and parallel to High or Columbia Street, South 19° East 2,800 feet, thence North 54° SO' East 2,400 feet, more or less until it intersects a line drawn North 35° 50' East WEST from center of said New Town concrete bridge, the beginning of this tract of ground, thence reversing said line South 35° 50' East 700 feet more or less to beginning. 491B. (a) The Board of County Commissioners of Allegany County are 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 1950, or any succeeding year, within said described area of the Mt. Savage Special Tax Area as created in this sub-title, such amounts not exceeding twenty cents on each one hundred dollars worth of assessable property in said part of the Mt. Salvage SAVAGE Special Tax Area, Allegany County, Maryland, as may be requested by a majority vote of the resident real estate owners of legal age, who are assessed as owners of real estate in such area present at a meeting called for such purpose by the Citizens' Committee hereinafter provided for, due and proper notice of which meeting shall have been given in advance of the meeting. Such taxes shall be collected as all county taxes in said county are collected and shall be paid over by the Board of County Commissioners to the Treasurer of said Citizens' Committee of the Mt. Salvage SAVAGE Special Tax Area, to be selected from among their number by a majority of the members of said Citizens' Committee, or by their successors to be selected as herein provided. Said Treasurer selected by such Committee shall give bond to said Board of County Commissioners to be approved by a Judge of the Circuit Court of Allegany County, in a penal sum to be fixed by said Judge, conditioned upon the faithful discharge of the duties of the said Treasurer. (b) The taxes collected under the provisions of this section shall be used by the said Citizens' Committee for lights in said Mt. Salvage SAVAGE Special Tax Area. 491C. (a) From and after the effective date of this Act, until the first Monday in April, 1951, the said Citizens' Committee of the Mt. Salvage SAVAGE Special Tax Area shall be constituted as follows: Colin C. Bowers, Patrick J. Sullivan, Thomas Stephens, Raymond Himmelright and Wilbur E. Logsdon, and the first named shall, until otherwise directed by said Committee, be and constituted the Chairman thereof, each of whom shall qualify as such committeemen by taking an oath before any officer in Allegany County authorized by
law to administer oaths diligently and faithfully to discharge all duties of the said office. In case any such persons shall fail to qualify within thirty days after the effective date of this Act, or if any of their successors shall fail to qualify within thirty days after his election as committeeman, as hereinafter provided, or in case of any vacancy through death, resignation or otherwise, the remaining committeemen shall fill such vacancy by the appointment of a resident of said Mt. Savage Special Tax Area, of legal age, and owner of real property in said Mt. Salvage SAVAGE Special Tax Area, who shall hold office for such term or unexpired term. (b) On the first Monday in April, 1961, two members of the said Citizens' Committee shall be elected to serve for one year, and three members to serve for two years. On the first Monday in April, 1952, and on the first Monday in April of each succeeding year, an election shall be held at which committeemen shall be elected for two years to succeed those whose terms expire and which committeemen shall be elected to fill any vacancies which may exist, but the committeemen so elected to fill such vacancies shall serve for the remainder of the unexpired term only. The election shall be by ballot in a manner to be prescribed by said committee. Only residents of legal age of said Mt. Salvage SAVAGE Special Tax Area who shall have resided therein for not less than six 'months next preceding said election., shall be entitled to vote for or hold office of committeemen in said Mt. Salvage SAVAGE Special Tax Area. Following each election each newly elected member of said Committee shall qualify by taking the oath prescribed as aforesaid. Said Committee shall select from their members a chairman, secretary, treasurer and any other officers they may deem necessary. 491D. (a) The Citizens- Committee provided for in Section 491C shall have the power and authority to provide, by contract or otherwise, for lights in said Mt. Savage Special Tax Area and to pay for same out of the taxes levied by the County Commissioners of Allegany County and paid over to the Treasurer of said Citizens' Committee. The said Treasurer shall pay out of the funds in his possession only upon the order of said Citizens' Committee and for the purposes authorized by this sub-title. (b) The Treasurer of said Citizens' Committee shall deposit all funds coming into his possession as such Treasurer in such bank as may be approved by said Committee and shall not be paid out except by check duly signed by him as Treasurer and countersigned by the Chairman, or by some member of said Committee acting as Chairman, and so authorized to act by resolution of said Committee, which must first be spread upon the minutes of said Committee.

SEC. 2. And be it further enacted, That before the provisions of this Act shall become effective, the County Commissioners and the Board of Election Supervisors of Allegany County shall submit the question to the qualified voters of that part of Election District No. 13 of said County which is described hereinabove in this Act as the "Mt. Savage Special Tax Area". Said referendum shall be held on the first Tuesday in April, 1950, at places to be designated by the Board of Election Supervisors. Due notice of said referendum shall be given by public posters in the said Mt. Savage Special Tax Area. The cost of said referendum shall Be paid out of the general funds of the County Commissioners and said referendum shall be conducted generally in accordance with the regular election procedure of said County except as modified herein. Printed on the ballots there shall appear the words "For a Special Tax Area" and "Against a Special Tax Area" with a blank square opposite and to the right of each set of said
words so that the voters may suitably indicate their votes on said question. If a majority of the persons voting on said question shall cast their ballots marked "For a Special Tax Area", then this Act shall be immediately of full force and effect; but if a majority of the persons voting on said question shall case their ballots marked "Against a Special Tax Area", then this Act shall be null and void and of no further effect whatsoever.

SEC. 3. And be it further enacted, That this Act is hereby declared to be an acute emergency measure and necessary for the immediate preservation of the public health and safety and having been passed by a yea and nay vote, supported by three-fifths of all the members elected to each of the two Houses of the General Assembly of Maryland, the same shall take effect from the date of its passage.

Approved March 28, 1950.