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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 3568   View pdf image (33K)
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3568 ARTICLE 16.

1910, ch. 484, sec. 177V. 1912, ch. 790, sec. 476. 1912, ch. 109, sec. 177V.

772. No franchise or right in relation to any highway, avenue, street,
lane or alley, either on, above or below the surface of this same, shall be
granted by the County Commissioners of Montgomery County until the
following provisions shall have been complied with: (1) The application
for such franchise or right shall be published by the applicant once a week
for three successive weeks in two newspapers published in Montgomery
county and having general circulation, setting forth the location, char-
acter and extent of the franchise sought; (2) upon the first publication
of said notice it shall be the duty of the County Commissioners of Mont-
gomery County to make diligent inquiry as to the money value of the
franchise or right asked to be granted, and the adequacy of the compen-
sation proposed to be paid for it; (3) if any objection is made to the
granting of the franchise asked by any person or persons interested there-
in, either as taxpayers or having property rights involved, and filed in
writing with the clerk of the board, before the expiration of such notice,
opportunity shall be granted and a time set for the hearing of such objec-
tions.

1910, ch. 484, sec. 177W. 1912, ch. 790, sec. 477. 1912, ch. 109, sec. 177W.

773. If no valid objection is made to the granting of such franchise
and it appears to the said board that the granting of the same is expedient
and proper, the said board shall have authority to grant such franchise
for such money compensation as it shall upon inquiry determine proper
and as may be prescribed by said board, for a period not longer than twen-
ty-five years, but such grant may at the option of the said board provide
for giving the grantee the right, and fair revaluation, including in such
revaluation the value, if any, derived from the said franchise or right to
renewals, not exceeding in the aggregate twenty-five years. Every grant
of any such franchise or right shall make provisions, by way of forfeiture
of the grant, for the purpose of compelling compliance with the terms
thereof and to secure efficiency of public service at reasonable rates and
the maintenance of the property in good condition, throughout the full
term of the grant. The grant shall also specify the mode of determining
the valuation and revaluation which may be provided for therein, and the
time limitation in which there shall be an exercise of the rights given, and
in default thereof for a lapse of the grant.

1910, ch. 484, sec. 177X. 1912, ch. 790, sec. 478. 1912, ch. 109, sec. 177X.

774. When the grant of a franchise or right is made in compliance
with the aforegoing sections, the said County Commissioners of Mont-
gomery County shall not part with, but shall expressly reserve the right
and duty at all times to exercise full municipal control and regulation in
respect to all matters connected with said grant not inconsistent with the
terms thereof.

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 3568   View pdf image (33K)
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