§ 65-6. Same-General powers; special assessments, etc.

(a) Said Drummond Citizens' Committee is empowered to grade, pave, macadamize or otherwise improve any existing street, road or lane, or any street, road or lane which has been or may be acquired and opened for public use, and to lay sidewalks and curbs thereon; provided, that said Drummond Citizens' Committee, subject to the approval of the county council and after petition of residents and hearing, as hereinafter provided, shall have power to assess the cost, or any part of the cost, of said grading, paving, macadamizing or improving against the property abutting on said street, road or lane, or sidewalk, in proportion to the frontage of said abutting property on the same; provided, further, that upon the petition in writing of two-thirds of the residents owning property abutting upon any street, road or lane to be graded, paved, macadamized or otherwise to be improved under the provisions of this section requesting the grading, paving, macadamizing or otherwise improving of such streets, roads or lanes, it shall be the duty of the Drummond Citizens' Committee to make the said assessment against the abutting property to provide the funds for and cause to be performed the necessary work or construction to be done in accordance with the provisions herein provided; and provided, further, that before any contract for work shall be entered into, or any obligation with respect thereto incurred, notice shall be given to the owners and others of record interested in said abutting property of a hearing at which they will be given an opportunity to be heard, such hearing to be had before said Drummond Citizens' Committee, which shall decide the matters properly brought before it; and any party affected by the final decision of said Drummond Citizens' Committee made after such hearing shall have the right to appeal therefrom within ten (10) days to the circuit court of Montgomery County.

(b) Any tax so assessed, as above provided in this section, shall be payable to the county treasurer in from four (4) to ten (10) semiannual installments, as nearly equal as may be, the first installment thereof to become due and payable within six (6) months after the levy of said special tax as above provided, and each of the other said installments within six (6) months after the preceding one (1) shall have become due; each installment of said tax shall become a lien against said abutting property and shall bear interest from the date of levy thereof at the rate of six (6) per centum per annum until paid; or said tax may be paid in full without interest during the first installment period, and if any of said installments thereof be not paid within thirty (30) days after same shall have become due, the entire amount of said tax assessed to the person or persons or corporation in default, with interest, shall thereupon become due and payable, and may be collected in the same manner provided in the act for the collection of unpaid taxes. And the said Drummond Citizens' Committee shall have the power to prescribe the number of semiannual installments in which the tax so assessed, as above provided, shall be payable.

(c) All money so received by said county treasurer shall, upon order of said county council, be paid over to the treasurer of said Village of Drummond, and the said Drummond Citizens' Committee shall become charged with the duty of paving, grading, macadamizing or otherwise improving said streets, roads, lanes or sidewalks within said village.

(d) For the purpose of making the improvements provided for in this section, the said Drummond Citizens' Committee is hereby authorized and empowered to borrow money and otherwise contract indebtedness and obligate said Village of Drummond in an amount not exceeding at any time the sum of four (4) per centum of the assessed valuation of the real property other than operating real property of a public utility and ten (10) per centum of the assessed valuation of the operating real property of a public utility within said village, and for this purpose said Village of Drummond shall be and hereby is constituted a corporation, and the said Drummond Citizens' Committee is empowered to act for said corporation; provided, that should there be default on bonds or other indebtedness incurred by the said citizens' committee of the said Village of Drummond for the said village, it shall be the duty of the county council of Montgomery County to levy or have levied special general taxes against the real property of said Village of Drummond to the extent only that such default bonds or incurred indebtedness shall be liquidated. (Mont. Co. Code 1965, § 65-6; 1916, ch. 22, § 5; 1924, ch. 80; 2003, ch. 247.)

Editor's note - Resolution 17-1162, adopted July 15, 2014, by the Montgomery County Council, adopts regulations governing streets for the Village of Drummond.