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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 898   View pdf image (33K)
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898 ARTICLE 4.

granted, and the adequacy of the proposed compensation to be paid there-
for to the city as offered in the ordinance already introduced, and the
propriety of the terms and conditions of said ordinance, and said Board
is empowered to increase the compensation to be paid therefor to the
city, and alter the terms and conditions of said ordinance, provided such
alterations are not inconsistent with the requirements and provisions of
this Charter, and it shall be the duty of said Board to fix in said ordi-
nance the said compensation at the largest amount it may be able by the
advertisement or otherwise to obtain for said franchise or right, and no
grant thereof by the City Council shall be made except for the compen-
sation and on the terms approved by a vote or resolution of the said Board,
entered on the minutes or records of such Board and attached to said ordi-
nance, with the signatures of a majority of said Board signed to the same.
The provisions of this section shall apply to the renewal or extension of
any franchise or right relating to the use of any of the public property
mentioned in Section 7 of this Charter now existing, or which may here-
after be granted to any person or body corporate. Provided, that the right
to use the streets, avenues, alleys or public property, by any person or
body corporate for steps, porticoes, bay windows, bow windows, show
windows, signs, columns, piers or other projections or structural orna-
ments of any character except so far as the same may be prohibited by
law, and covered vaults, covered areaways, drains, drain-pipes, or any
other private purpose not prohibited by laws and not being a franchise
or right requiring a formal grant by ordinance under the terms of this
section, may be granted by the Board of Estimates for such an amount
of money and upon such terms as the said Board may consider right and
proper. Before said Board shall grant any such right the person or
body corporate seeking the same shall file before said Board in writing
an application for such use and in said application the use desired shall
be stated and what the applicant is willing to pay for the same must be
given and such person or body corporate shall only enjoy such use on the
payment of the amount of money named by said Board and on the terms
and conditions said Board shall prescribe in writing, and no ordinance
or advertisement shall be necessary or made in such cases as are named in
the proviso of this section. Provided, however, that copies of said appli-
cation be served upon the adjoining property owners by said applicant
before filing application before said Board.

Baltimore City v. Gorter, 93 Md. 12. Purnell v. McLane. 98 Md. 591-595. Brauer
v. Refrigerating Co.. 99 Md. 367. M. & C. C. v. U. Ry. & E. Co., 126 Md. 39.
See section 8, as re-enacted by Act 1906, ch. 152.

In connection with the provisions of Section 37, of the Charter, see, Simon's Sons
v. Maryland Tel. & Telegraph Co.. 99 Md. 173. Md. Tel. Co. v. Simon's Sons. 103 Md.
136. Preston v. Likes, Berwanger & Co., 103 Md. 191...

Franchises in city streets may be granted by the Legislature.

Dulaney v. United Railways Company, 104 Md. 440-441.
Street lighting—liability of contractor, supplying city—injury by escape of gas

Consolidated Gas Co. v. Connor, 114 Md. 140.
Grant of minor privilege without notice to adjoining property void.

Fralinger v. Cooke, 108 Md. 683.
Referred to in The Patapsco Electric Co. v. M. & C. C., 110 Md. 310.

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 898   View pdf image (33K)
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