§ 2-13-3. Effect of chapter upon acts of predecessor agencies; validation of prior acts; notice of changes in rates, charges or assessments; general powers of county.  


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  • (a) This chapter does not impair or affect in any way the validity or enforceability of any proceeding or action taken, or any obligations or indebtedness incurred:
    (1) By such district, by its governing body, by the county, or by the board on behalf of the county pursuant to Article 43 of the Annotated Code of Maryland prior to June 1, 1968; or
    (2) By the commission, by the county, or by the board on behalf of the county pursuant to Article 11 of the Public Local Laws of Maryland, Chapter 10A, prior to May 29, 1979.
    (b) All proceedings and actions taken by the district, by its governing body, by the county, or by the board on behalf of the county pursuant to Article 43 prior to July 1, 1968, and all proceedings and actions taken by the commission, by the county, or by the board on behalf of the county pursuant to Chapter 609 of the Acts of 1968, as amended and supplemented, and pursuant to Chapter 629 of the Acts of 1974, prior to July 1, 1979, are hereby ratified, validated, and confirmed; the authorization, sale, and issuance of all bonds and other obligations issued pursuant to said Article 43 and pursuant to Chapter 609 of the Acts of 1968, as amended and supplemented, prior to May 29, 1979, are ratified and confirmed, and all of these bonds and other obligations are validated as being validly authorized, sold, and issued. It is the intent and purpose that the county, on and after February 14, 1978, shall undertake and satisfy in all respects any and all obligations evidenced by such bonds and other obligations in accordance with their terms.
    (c) In the event that the Board decides that any modification of an existing rate, charge, or assessment previously established:
    (1) By the district, by its governing body, by the county, or by the board on behalf of the county pursuant to Article 43 prior to July 1, 1968; or
    (2) By the commission, by the county, or by the board on behalf of the county pursuant to Chapter 609 of the acts of 1968, as amended and supplemented, prior to July 1, 1979, is necessary or desirable, the board promptly shall give notice of the proposed rates, charges, and assessments in at least one newspaper of general circulation in Frederick County. Thereafter the board shall conduct a public hearing on the necessity or advisability of the proposed rates, charges, or assessments.
    (d) Without in any way limiting the provisions of this chapter or of any other provisions of law, the county has and may exercise all powers necessary or convenient for carrying out the purposes set forth in this chapter, including, but without limiting the generality of the foregoing, the following.
    (1) To sue and be sued, implead and be impleaded, complain, and defend in all courts.
    (2) To appoint officers, attorneys, accountants, agents, employees, and servants to implement the provisions of this chapter and to fix their compensation and to supervise their duties.
    (3) To borrow money and issue bonds, certificates, or other evidence of indebtedness, the borrowing of all money and the issuance of all bonds being subject to the terms, provisions, and specifications contained in this chapter.
    (4) To establish, extend, and maintain water, sewerage, drainage and solid waste systems in Frederick County.
    (5) Frederick County is declared to be a sanitary district for the purpose of the exercise of the powers vested by this chapter in the board; provided:
    (I) That the board shall exercise no authority over the operation or construction of the sewerage, water, drainage, and solid waste facilities of any incorporated municipality, including the extension of such facilities beyond the corporate limits of any municipality as such extensions may exist on July 1, 1968; and
    (II) That the extension of such facilities beyond the corporate limits of any municipality after July 1, 1968 shall be subject to the approval and authority of the board, except that such approval shall not be required in the event of annexation pursuant to Article 23A of the Annotated Code of Maryland; and
    (III) That in exercising the powers granted by this chapter, the board shall not be subject to the provisions of any planning regulations or zoning ordinances enacted under the provisions of Article 66B of the Annotated Code of Maryland.
    (6) To enter into contracts with any third person to effect the purposes of this chapter.
    (Code 1957, § 10A-4; 1979, Chapter 723, § 1; 1991, Chapter 194, § 1)