(a) (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) 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) 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) (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) (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.
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