[Added 10-5-1993 by Bill No. 93-19; amended 2-8-1994 by Bill No. 94-3; 4-20-1999 by Bill No. 99-2]
There is hereby created the Department of Public Facilities
and Services which shall be assigned such functions as provided for
in this Subtitle. Until such time as additional functions beyond water
and wastewater services are assigned to said Department, the Department
may be referred to as the "Department of Public Works - Water and
Wastewater Services Division." For the purpose of this Subtitle, the
term "Department" shall refer to said Department.
[Added 10-5-1993 by Bill No. 93-19; amended 2-8-1994 by Bill No. 94-3; 4-20-1999 by Bill No. 99-2]
(a)
Organization of Department. The Department shall be managed
and supervised by the Public Works Director, or his designee, who
shall be the Department head and who shall be appointed by the County
Commissioners as provided for in the County Personnel Rules and Regulations.
The Department shall be assigned such employees and such equipment
and facilities as determined by the County Commissioners to be necessary
and appropriate to carry out the functions of the Department.
(b)
Functions of Department. The Department shall
be responsible for the construction, maintenance, repair, service
and management of such water supply facilities and projects and such
wastewater collection, treatment and disposal facilities projects
which are owned by the county or for which the county is responsible
pursuant to Subtitle I of this Title. The County Commissioners may
also assign such other functions to the Department as they shall,
from time to time, determine.
(c)
Services to be provided by service area. Water
and wastewater facilities and services shall be provided and managed
on the basis of separate service areas or shared facility areas which
shall be established as provided by law or by resolution of the County
Commissioners. The revenues and expenditures for each such area shall
be accounted for in a separate enterprise fund in accordance with
the financial management rules of the county, and charges and fees
shall be levied against the benefited properties in each area sufficient
to pay the operating expenses and debt service associated with each
separate area; provided, however, that the County Commissioners may,
in their discretion, make grants or loans from the general fund of
the county to any such enterprise fund as they may determine to be
necessary and appropriate.
[Added 10-5-1993 by Bill No. 93-19]
(a)
Abolishment. Pursuant to the provisions of the Annotated
Code of Maryland, Article 25B, § 13E(d), the Worcester County
Sanitary District and Worcester County Sanitary CommissionThe Sanitary
Commission was abolished by Bill No. 93-19. are hereby abolished.
(b)
Continuation of existing service areas. All
legally established water or sewer service areas created by the Sanitary
Commission[1] as of the date of abolishment shall continue in existence
as separate service areas for water and sewer service, and the revenues,
expenses, assets, liabilities and debt of each service area shall
be accounted for in separate enterprise funds for each of said service
areas.
[1]
The Sanitary Commission was abolished by Bill No. 93-19.
(c)
Assumption of debt. As of the effective date
of the abolishment of the Sanitary District, all outstanding bonds
of the district are hereby assumed by the County Commissioners and
the full faith and credit of the County Commissioners is hereby pledged
to meet the debt service requirements on all such bonds. For the purpose
of paying the principal and interest on all such debt, the County
Commissioners shall continue to assess and collect front footage benefit
assessments and connection charges against all real property in each
of the respective service areas existing at the time of the abolishment
as necessary to retire the bonds which were issued for the benefit
of such service area. The County Commissioners may provide, by resolution,
for any such additional provisions as may be necessary to effect the
assumption of said debt and the payment of the principal and interest
on said debt. The County Commissioners may also provide for the refunding
or refinancing of any such outstanding bonds in such manner as they
shall determine.
(d)
Assumption of assets. All assets of the Sanitary
District and the Sanitary Commission* shall be transferred to the
County Commissioners, and all liabilities of the Sanitary District
and the Sanitary Commission[2] are hereby assumed by the County Commissioners. Until
the effective date of the abolishment, the Sanitary Commissioners*
shall serve as trustees of the assets of the Sanitary District and
shall, upon the effective date of the abolishment, execute all necessary
documents to transfer the assets of the district to the County Commissioners.
[2]
The Sanitary Commission was abolished by Bill No. 93-19.
(e)
Transfer of property. All real and personal
property of the Sanitary District shall be transferred to the County
Commissioners. Until the effective date of the abolishment, the Sanitary
Commissioners shall serve as trustees of the property of the Sanitary
District and shall, upon the effective date of the abolishment, execute
all necessary documents to transfer the property of the district to
the County Commissioners.
(f)
Responsibilities for agreements. Any legal
and legally enforceable agreement entered into by the Sanitary District
or Sanitary Commissioners* in effect as of the effective date of the
abolishment shall be assigned to the County Commissioners, and the
County Commissioners shall be responsible for enforcing and carrying
out the provisions of said agreement.
(g)
Continuance of rules and regulations. Upon
the effective date of the abolishment, all orders, rules and regulations
of the Sanitary district and the Sanitary Commission* shall continue
in effect and shall be enforceable by the County Commissioners until
revoked or modified by resolution of the County Commissioners.
(h)
Revenues. Any revenues of the Sanitary District
which were collected and dedicated for a specific purpose shall continue
to remain dedicated for said purpose and shall not be transferred
to the general fund of the county. Such revenues shall be credited
to a separate fund as directed by the County Commissioners.
(i)
Pending matters. The County Commissioners
may continue all matters which were pending before the Sanitary District
and the Sanitary Commission* as of the effective date of the abolishment,
and if continued, the County Commissioners shall direct the completion
of such matters by the Department.
(j)
Employees. All employees of the Sanitary District
employed on the effective date of the abolishment shall become employees
of the County Commissioners. The salary level, retirement benefit,
insurance benefit, seniority level and other vested employee benefits
of each of such employees shall not be reduced upon the transfer to
county employment, but each such employee shall be subject in all
other aspects to the personnel rules and regulations of the county.
For the purpose of this subsection, the Sanitary Commissioners* are
not considered as employees of the Sanitary District.
[Added 10-5-1993 by Bill No. 93-19]
(b)
Power to regulate, acquire, operate and set fees. The County Commissioners may:
(1)
Adopt, by resolution, regulations for water and sewerage management.
(2)
Acquire, construct, operate and maintain water and sewerage
systems as the County Commissioners consider to be in the public interest
and necessary to protect the general health and welfare.
(3)
Set, by resolution, rates, fees and assessments for water and
sewerage services and benefits.
[Added 10-5-1993 by Bill No. 93-19]
There is hereby created a Water and Sewer Advisory Board.
(a)
Appointment; term; compensation. There shall
be five members of said Advisory Board who shall be appointed by the
County Commissioners for four-year terms; provided, however, that
the initial terms may be for less than four years in order to create
staggered terms. Said Board members shall receive no compensation
but may receive an expense allowance, as may be authorized in the
budget by the County Commissioners, for attendance at meetings.
(b)
Duties. The Advisory Board shall have the
following responsibilities and duties:
(1)
Advise the County Commissioners on the water and sewer needs
of the county. Review amendments to the County Water and Sewerage
Plan. Make recommendations to the County Commissioners on policies
and procedures for the provisions of water and sewer services in the
county. Review proposals for the creation of service areas and shared
facilities and provide comments and recommendations to the County
Commissioners.
(2)
Review charges and fees for water and sewerage services and
make recommendations to the County Commissioners for changes in fees.
(3)
Review proposed annual budget of the Department, as prepared
by the Public Works Director, or his designee, and provide comments
and recommendations on said budget.
[Amended 4-20-1999 by Bill No. 99-2]
(4)
Such other additional duties as may be assigned, from time to
time, by the County Commissioners.
(c)
Removal of members. The County Commissioners
may remove any member of the Water and Sewer Advisory Board from office
for misconduct, incompetency, neglect of duty or other sufficient
cause upon written charges and after a hearing after at least fifteen
days notice.
