Ackley v. Wicomico County Urban Services Commission

163 A.2d 122, 223 Md. 196, 1960 Md. LEXIS 479
CourtCourt of Appeals of Maryland
DecidedJuly 1, 1960
DocketNo. 66
StatusPublished
Cited by1 cases

This text of 163 A.2d 122 (Ackley v. Wicomico County Urban Services Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ackley v. Wicomico County Urban Services Commission, 163 A.2d 122, 223 Md. 196, 1960 Md. LEXIS 479 (Md. 1960).

Opinion

Henderson, J.,

delivered the opinion of the Court.

This appeal is from a decree declaring that Chapter 282 of the Acts of 1959, creating the Wicomico County Urban Services Commission and delegating to it certain powers and duties, is valid and constitutional. We advanced the case for [198]*198argument and passed a per curiam order affirming the decree. We shall now state the reasons for our action.

The Act in question, codified as Sections 512-541 of the local code, authorized the County Commissioners of Wicomico County to appoint a Commission to deal with local problems of water, sewerage, drainage, and the like. Although five contentions were made below, the only contentions pressed on appeal are that Section 515 of the Act contains an unconstitutional delegation of legislative power to a group of private citizens, and that it does not contain adequate standards to guide the Commission in the exercise of its authority to create urban service districts. Both questions may be considered together.

It is conceded that the Commission was duly appointed, and received a petition filed with it by more than twenty residents and taxpayers of an area described therein, bounded by the corporate limits of Salisbury on the north, the Wicomico River on the west, Tony Tank Lake on the south, and the line of the Pennsylvania RR. on the east. It gave preliminary approval to the creation of a sewer service district as described, obtained a preliminary engineering survey of the project, and held the first of two required public hearings to advise the residents and property owners in the proposed district of the estimated cost of the system and the estimated annual cost of both front foot assessment and service charges. Suit was filed after the Commission had given preliminary approval of the project and contracted for the preparation of complete engineering plans and specifications. The Commission has not yet spent any sizable sums of money, but if it gives final approval and contracts for construction of the system, it will be necessary to sell a bond issue of about $375,000. The appellants are residents and taxpayers in the area included in the proposed district who will be subject to assessment to support said bond issue.

The pertinent part of the Act as codified reads as follows:

“515. Petition for district; procedure.
(a) Petition.—Whenever twenty (20) property owners residing in any locality in Wicomico County or if there are not twenty (20) property owners in [199]*199such locality, then twenty-five per cent (25%) of the owners therein shall petition the Commission to have said locality (the boundaries whereof shall be definitely stated in said petition) constituted as a new district, the Commission, if it approves, shall cause to be made a preliminary engineering survey of the project to determine the feasibility and probable cost of providing such area with the urban service or services requested in said petition. The Commission shall prepare without cost to the petitioners a preliminary estimate to determine the approximate cost of providing such facilities. The Commission will also submit an estimate of the cost of making surveys and preparing a complete engineering and financial report which shall include the estimated assessed property valuation as fixed for County taxation purposes within the locality involved, which estimated assessed valuation shall be furnished to the Commission by the County Commissioners. Whenever such preliminary estimates are completed the Commission shall give notice by publication in one or more newspapers published within the County once a week for three (3) successive weeks and by handbills posted and circulated in the locality where said district is proposed, which notice shall specify the proposed district together with the time and place of the hearing to be held, at which hearing those present shall be given the probable cost of providing such area with the urban service or services requested in said petition as shown by the preliminary survey and the probable cost of the preparation of the complete engineering and financial report incident thereto. If the estimated cost of the proposed facilities, including the cost of the engineering and financial report incident thereto together with the unamortized balance of the cost of all facilities previously installed by the Commission in the area involved shall exceed fifteen per cent (15%) of the assessed property value as fixed for county [200]*200taxation purposes in said area or locality or if the project is not feasible from an engineering or financial standpoint, then the Commission may in its discretion deny the petition. If the Commission shall deny the petition, a majority of the land owners in said area or locality may petition the Commission to prepare surveys, plans, engineer’s reports and estimates and all costs to be incurred in making said surveys, plans, engineer’s reports and estimates, shall be borne by the landowners within the area or locality, which estimated cost shall be certified by the Commission to the County Commissioners who shall, in their next annual levy, include a tax on all land and improvements assessed for county tax purposes within said area or locality, in rate and amount sufficient to pay the Commission for such estimated costs, which tax shall be levied and collected and have the same priority right, bear the same interests and penalties and in every respect be treated as county taxes. The County Treasurer shall credit to the Commission said tax funds as collected.
(b) Surveys.—After the Commission has been credited with the expense to be incurred in the preparation of the surveys, plans, engineer’s reports and estimates, then the Commission shall cause to be prepared such surveys, plans, engineer’s reports and estimates, and after the completion of the same the Commission shall give notice by publication in one or more newspapers within the County once a week for three (3) successive weeks and by handbills posted and circulated in the area or locality where said proposed district is contemplated, which notice shall specify the proposed area to be served, and the proposed urban service or services to be furnished therein, together with the time and place of a hearing to be held, at which hearing a complete report shall be made as to the probable cost of the facilities contemplated and the establishment of a district. If the probable costs of the proposed facilities in said [201]*201new district, together with the unamortized balance of the cost of all facilities previously installed by the Commission in the area involved, is estimated to exceed fifteen per cent (15%) of the assessed property value as fixed for County taxation purposes in said area, or if the project is not feasible from an engineering or financial standpoint or in the judgment of the Commission is not necessary for the health, safety and welfare of the residents in said area or locality, then the Commission may in its discretion by written order deny the petition. Such order shall be published in one or more newspapers in the county and by handbills posted and circulated within the area or locality involved. If ten (10) of the petitioners, as referred to in this section, are dissatisfied with the order of the Commission, they shall have the right to take and enter within ten (10) days after the first publication of said order, as above provided, an appeal to the County Commissioners of Wicomico County who shall review, after due notice of hearing, the Commission’s decision.

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Related

Foley v. County Commissioners
230 A.2d 298 (Court of Appeals of Maryland, 1967)

Cite This Page — Counsel Stack

Bluebook (online)
163 A.2d 122, 223 Md. 196, 1960 Md. LEXIS 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ackley-v-wicomico-county-urban-services-commission-md-1960.