Serota v. Hoover

Pi-;r Curiam. This case probably would have died a natural death from inattention had it not been activated when the Clerk of the Circuit Court for Montgomery County served an order to show cause why it should not be dismissed for want of prosecution. Chapter 63 of the Montgomery County Code creates Section 5 of the Village of Chevy Chase a special tax area or district. Section 63-2 provides in pertinent part: “]T]he * * * county council shall * * * order and have paid over * * * the proportion of the county road tax to be levied and collected in the same manner as though said part of said Village of Chevy Chase wTere an incorporated town * * * of said county; and said proportion of the county road tax received by the treasurer of Section 5, Chevy Chase, shall be used by said Chevy Chase citizens’ committee exclusively for maintaining and repairing the county roads, streets and lanes that may have been dedicated to the public or to Montgomery County, and whether accepted by said county or not; all other funds to be used by the said citizens’ committee directly, or through said committee, exclusively, for opening, maintaining, repairing and lighting the streets, roads and alleys; for building, maintaining and repairing sidewalks; * * In 1960 the Citizens’ Committee advertised its intention of taking bids for construction of a macadam curb and sidewalk on Brookville Road.

Brookville Road is a state road and construction was to be solely within the state right-of-way. A permit was obtained from the Maryland State Roads Commission therefor. After bids were obtained the Citizens’ Committee later negotiated a contract with the low bidder for a concrete sidewalk and curb, the cost of which was to be in excess of $500.00. Section 63-5 of the Montgomery County Code forbids the Citizens’ Committee from spending more than $500.00 1 “with ²⁵⁰ out having first advertised the specifications