878 ARTICLE 4.

TEEMS AND CONDITIONS OF GRANTS AND FRANCHISES.

1898, ch. 123.

9. No franchise or right in relation to any highway, avenue, street,
lane or alley, either on, above or below the surface of the same, shall be
granted by the Mayor and City Council of Baltimore to any person or
corporation for a longer period than twenty-five years, but such grant
may, at the option of the city, provide for g'iving to the grantee the right,
on fair re-valuation, including in such re-valuation the value derived from
the said franchise or right, to renewals not exceeding in the aggregate
twenty-five years. Such grant may provide that upon the termination of
the said franchise or right granted by the City, the plant, as well as the
property of the grantee situated in, above or under the highways, avenues,
streets, lanes or alleys aforesaid, with its appurtenances, shall thereupon
be and become the property of the city, without further or other compen-
sation to the grantee; or such grant may provide that upon such determi-
nation, there shall be a fair valuation of the plant and property, which
shall be and become the property of the city at its election, on paying the
grantee said valuation. If, by virtue of the grant, the plant and property
are to become the property of the city, without money payment therefor,
the city shall have the option, either to take and operate the said property
on its own account, or to renew the said grant for not exceeding twenty-
five years on a re-valuation, or sell the same to the highest bidder at public
sale. If the original grant shall prescribe that the Mayor and City Coun-
cil of Baltimore shall at its election make payment for such plant and
property, such payment shall be at a fair valuation of the same as prop-
erty, excluding any value derived from the franchise or right and if the
city shall make payment for such plant and property, it may, in that
event, operate the plant and property on its own account for five years,
after which it may determine either to continue such operation 011 its own
account or to lease the said plant and property and the said franchise or
right to use the highways, avenues, streets, lanes and alleys or other public
property in connection therewith, for limited periods, under such rules
and regulations as it may prescribe, or to sell the plant and property to
the highest bidder at public sale. Every grant of any such franchise or
right shall make provision, by way of forfeiture or otherwise, of the grant
for the purpose of compelling compliance with the terms of the grant,
and to secure efficiency of public service at reasonable rates, and the main-
tenance of the property in good condition, throughout the full term of
the grant. The grant shall also specify the mode of determining the valua-
tions and re-valuations which may be provided for therein.

Purnell v. McLane, 98 Md. 589. Brauer v. Refrigerating Co.. 99 Md. 380. Con-
solidated Gas Co. v. Schreiber, 99 Md. 403. Cf., Mealy v. Mayor of Hagerstown. 92
Md. 741.

1924, ch. 231.

9A. The Board of Estimates, subject to the ratification and approval
by ordinance of the Mayor and City Council of Baltimore, is empowered