§ 66-9. Same-General powers; special assessments.  


Latest version.
  • (a) The "Friendship Heights Village Council" may grade, pave, macadamize or otherwise improve any existing dedicated street, road or lane, or any county road, street or lane, within the special taxing area which has been or which may be acquired and opened for public use and to lay sidewalks and curbs thereon, and, subject to the approval of the county council of Montgomery County and after due publication of cost thereof, to assess the cost of the grading, paving, macadamizing, laying sidewalks and curbs, or otherwise improving, against the property abutting on that portion of the street, road, lane or sidewalks so improved, in proportion to the frontage of the abutting property; provided, the consent to the proposed improvements of the owners of two-thirds of the abutting property shall first have been obtained. A tax so assessed as provided in this section shall be payable to the county treasurer for the county in not more than three (3) annual installments as nearly equal as may be, the first installment to become due and payable the first day of July next succeeding the making of the special assessment as herein elsewhere provided and to be collected as county taxes in the county are collected. It shall be subject to interest from the first day of July until paid at the rate of six (6) percent per annum. Each annual installment shall become a lien against the abutting property. Any installment not paid by the first day of January following its becoming due shall be subject to the same penalties and shall be collected in the same manner as provided for the collection of unpaid county taxes in the county. All taxes assessed as provided in this section shall be paid over by the treasurer of the county to the treasurer of the "Friendship Heights Village Council," who shall devote these funds to the exclusive purpose of paying for special improvements herein provided for or any indebtedness which may be incurred therefor.
    (b) The "Friendship Heights Village Council" may pave, grade, macadamize or otherwise improve the streets, roads, lanes, or sidewalks within the taxable area. Before any contract for works is entered into, or any obligation with respect thereto incurred, notice shall be given to the owners and others of record interested in the abutting property and an opportunity to be heard, the hearing to be before the "Friendship Heights Village Council" who shall decide the matters properly brought before them. Any party affected by the final decision of the village council made after that hearing shall have the right to appeal therefrom within ten (10) days to the circuit court of Montgomery County; provided that, until the first day of July, 1980, upon any petition received by the "Friendship Heights Village Council" of the owners of the two-thirds of the property subject to the assessment for the cost of proposed improvements abutting upon any street, road or lane to be graded, paved, macadamized or improved requesting the grading, paving, macadamizing or improving of any such streets, roads, lanes or sidewalks, the village council shall make the assessment against the abutting property owners to provide the funds for and cause to be performed the necessary work or construction in accordance with these provisions. The improvements shall be carried out to completion in accordance with these provisions for any request received prior to the first day of July, 1980. After that date, no petitions shall be received or acted upon.
    (c) Montgomery County may receive by dedication or acquisition and may construct by special assessment or at county expense and maintain at county expense, any street or road within the special taxing area which is on a master plan or sector plan approved by the county council and adopted by the Maryland-National Capital Park and Planning Commission. (1980, ch. 230, § 1.)