§ 2B. Electric lighting districts

   (a) In general; excepted counties. --

   (1) The county commissioners of every county in the State, in addition to, but not in substitution of, the powers which may have been or may hereafter be granted them, may provide for electric lighting along all or any part of the streets, lanes, alleys and public ways of the county, and enter into agreements with any person, partnership or corporation for the installation, maintenance and operation of electric lighting.

   (2) Except as provided in subsections (b) and (e) of this section, the costs of electric lighting provided under the authority of this section shall be paid by ad valorem taxes levied upon the property within the area to be served by the electric lighting.

   (3) (i) Except as provided in subsections (c) and (d) of this section, an electric lighting district may be created by the county commissioners only upon receipt of a petition signed by 60 percent of the property owners within the proposed district.

      (ii) The petition shall describe the boundaries of the area proposed to be created as the district.

      (iii) Upon receipt of the petition, the county commissioners shall hold a public hearing at which time the residents and taxpayers within the proposed electric lighting district shall be given an opportunity to be heard. This hearing shall be held not less than 14 days nor more than 60 days following receipt of the petition and notice of this hearing shall be published at least once in a newspaper of general circulation in the area where the proposed electric lighting district is to be located.

      (iv) Following this hearing the county commissioners may establish the electric lighting district and levy on all property which is subject to ordinary county taxes and is located within the district ad valorem taxes at a rate sufficient to pay the cost thereof. All such taxes shall be levied in the same manner, upon the same assessments, for the same period or periods, and as of the same date or dates of finality as are now or may hereafter be prescribed.

(b) Somerset County. -- In Somerset County, the cost of electric lighting provided pursuant to the provisions of this section may be paid by a tax levied only on parcels of property with improvements. The tax shall be levied equally on all parcels of property with improvements within the district.

(c) St. Mary's County. -- In St. Mary's County, an electric lighting district may be created by the County Commissioners upon receipt of a petition signed by a majority of the property owners within the proposed district.

(d) Frederick County. --

   (1) This subsection is applicable to Frederick County and shall prevail over the provisions of subsection (a) of this section to the extent of any inconsistency.

   (2) In addition to the process set forth under subsection (a) of this section, the County Commissioners may create, at their own initiative, an electric lighting district for undeveloped land in the county if:

      (i) A subdivision plat for the land has not been approved by the County Planning Commission or recorded by the clerk of the court; and

      (ii) The district is created in accordance with paragraph (3) of this subsection.

   (3) (i) Prior to establishing an electric lighting district under this section, the County Commissioners shall hold a public hearing on the proposal, at which time the boundaries of the area to be included in the district are fully described.

      (ii) A notice of public hearing together with a fair summary of the proposed act shall be published in at least 1 newspaper of general circulation in the county once each week for the 2 successive weeks immediately preceding the hearing.

(e) Washington County. --

   (1) In Washington County, to cover the costs of electric lighting, the County Commissioners may either impose:

      (i) A fee for electric lighting as provided in subsection (a)(2) of this section; or

      (ii) A fixed fee per tax account that shall be uniform within any electric lighting district.

   (2) Late payments of a fixed fee are subject to interest from the date due at the same rate, and subject to the same collection procedures, as overdue county property taxes.

HISTORY: 1968, ch. 597; 1978, ch. 162; 1988, ch. 375; 1989, ch. 161; 1992, ch. 110.