3414 ARTICLE 16.

1922, ch. 216, sec. 14.

399. All individuals, firms and corporations having buildings, con-
duits, pipes, tracks or other physical obstructions in, over or under the
public roads, streets or alleys of the Town of Gaithersburg, or of those
portions of Montgomery County outside of said town, which shall block or
impede the progress of the town's water or sewerage system, while in
process of construction, shall, upon reasonable notice from the Mayor and
Council, promptly so shift, adjust, accommodate or remove the same, at
their own cost and expense as to fully meet the exigencies occasioning such
notice; and should the exigencies of any case involve the taking, in the
constitutional sense, of the franchise or right in the exercise of which such
construction had its origin, the Mayor and Council shall be empowered to
condemn an easement in said franchise or right. Every public service
corporation, company or individual, before it or they shall begin any under-
ground construction in any street, road, alley or public highway within the
Town of Gaithersburg, shall file with the Mayor and Council a plan of
such construction showing the location and depth in such street, road,
alley or public highway of the proposed main, conduit or pipe; which
plans must be approved by the Mayor and Council before such construc-
tion is begun; and when approved no change shall be made in the physical
location of anything shown upon said plan except upon the approval of
the Mayor and Council. Whenever any such underground main, conduit
or pipe is put in without the filing of plans with the Mayor and Council
and the approval thereof, or when any change is made in the physical
location of such underground main, conduit or pipe, as shown upon the
plans approved by the Mayor and Council, or any approved change there-
in, the Mayor and Council, when such conduit, main or pipe interferes
with the construction or, operation of its water and sewer systems, remove
the same or change the location thereof at the cost and expense of the
party so putting them in, or its successors, and without any liability upon
the part of the Mayor and Council for damage that might be done to the
same by reason of the Mayor and Council's operations in constructing or
maintaining its systems. Any violations of the provisions of this section
shall be a misdemeanor punishable under Section 401 of this subtitle.

1922, ch. 216, sec. 15.

400. Whenever it shall be deemed necessary by the Mayor and Council
to take or acquire any land, structures or buildings, or any stream bed
water way, water rights or water shed, either in fee or as an easement,
within or without the Town of Gaithersburg, for the construction, exten-
sion or maintenance of any water main, sewer or appurtenance thereof, or
for any sewage disposal plant, reservoir, water purification plant, tank or
pumping station, the Mayor and Council may purchase the same from the
owners or failing to agree with the owner or owners thereof, may condemn
the same by proceedings in the Circuit Court, of Montgomery County, as
now provided for condemnation of land by public service corporations in
the Code of Public General Laws of Maryland, and Mayor and Council