§ 18.111. Taking over privately owned systems.

(a)

Whenever the Department of Public Works shall have extended its water supply or sewerage system up to and is ready to connect with any municipal or privately owned water system or sewerage system, whether operating as an independent water supply or sewerage system or as an extension of an adjacent or adjoining system or systems, and whether inside or outside of Howard County, and the Director of Public Works deems it advisable and proper for the adequate operation of the system under its jurisdiction to take over the said water or sewerage system, or extension of such system or systems, it may take over or purchase the same, subject to the approval of the County Executive and County Council, upon such terms and provisions as may be agreed upon and approved by the aforesaid, but before any part of the purchase price is paid, other than a nominal sum of money to bind the agreement, it shall be the duty of the vendor or agent to furnish a statement to the Department of Public Works and report all names and addresses of persons having interests or claims against such property whatsoever, which shall be verified by an oath in writing. Thereupon, it shall be the duty of the Director of Public Works to notify, personally or by registered mail, return receipt requested, all persons having any interest whatsoever in such property, and in addition, the Director of Public Works shall give three weeks' notice of the intention to purchase said property in a newspaper or newspapers published within said County where the properties are located and each person having any claim whatsoever against said properties shall file his or her claim with said Director of Public Works on or before the expiration date mentioned in said notice, at which time any and all persons will be heard and their rights determined by the Director of Public Works, which said hearing shall be final.

(b)

In the event of failure to agree to the purchase price or conditions of purchase of said water or sewerage system, whether privately or municipally owned, the said County Council may acquire the same by condemnation in the same manner as it is authorized to acquire land. In the condemnation of privately owned water or sewerage systems the jury shall take into consideration, as a part of their award, any payment, contribution or tax upon the respective lot owners or purchasers toward the construction of said system, and where said system or systems have been built in connection with or for the purpose of developing home sites, subdivisions or villages, or by any individuals, firm or corporation, and such system or systems have been offered as an inducement for the purchase of a lot or land, therein, the jury shall deduct from the determined value of the plant or system such sum as it may reasonably determine was added to the purchase price of said land or lots in the sale thereof for the purpose of constructing said systems.

(c)

Private owned systems shall be taken under said condemnation by the Director of Public Works free and clear of all debts and liens, but said Director of Public Works shall make a party defendant any person, firm or corporation having any recorded lien or encumbrance against the same, 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 Director of Public Works shall be authorized to take possession of, maintain and operate said system, whether private or municipal, as a part of its general system, and from the date of such payment all properties along the line of any water main or sewer 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 Director of Public Works under the provisions of this subtitle.

(d)

Whenever there is in existence a privately owned water supply or sewerage system which, in the judgment of the Director of Public Works, is unfit, as a whole or in part, for incorporation with the Department of Public Works system, the Director of Public Works shall disregard the existence of said system or unfit part thereof and extend its system to serve the area tributary to the existing system or unfit part thereof and all the provisions of this subtitle relating to systems constructed by the Department of Public Works shall apply to said extension.

(e)

Any municipality whose system is acquired by the Director of Public Works, whether by purchase or condemnation, is hereby authorized to use the amount paid to it for said system for the purchase or redemption of any bonds or debt which may be outstanding against the same, or the County Executive and County Council may, as, a part of the purchase price of said system, assume the payment of any such outstanding bonds. The Director of Public Works shall not purchase any existing water or sewerage systems, in whole or in part, which are improperly constructed or were constructed without proper authority from the State Department of Health since the passage of the Act requiring the same and which do not meet the County standards in existence at the time of purchase.

(C.B. 17, 1969)