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Session Laws, 1937
Volume 412, Page 837   View pdf image (33K)
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HARRY W. NICE, GOVERNOR. 837

sewer or drain shall have been acquired by the Mayor and
Council of Salisbury.

328. All individuals, firms or corporations lawfully having
buildings, structures, works, conduits, mains, pipes or other
physical obstructions in, over or under the public mains, ave-
nues, streets, alleys or highways in the City of Salisbury, which
shall block or impede the progress of the water mains, sewers
or drains, when in process of construction and establishment by
the Mayor and Council of Salisbury, shall, upon reasonable
notice from the Mayor and Council of Salisbury, promptly so
shift, adjust, accommodate or remove the same as to fully meet
the exigencies occasioning such notice; and should the exigen-
cies of said work in any case involve a taking, in the constitu-
tional sense of the franchise or right in the exercise of which
such obstruction had its origin, or of the property subject there-
to, the Mayor and Council of Salisbury may secure the condem-
nation of such franchise or right and of the property subject
thereto; provided, nothing in this section shall affect in any
manner the rights now exercised under the franchise held by
the several public service corporations operating under fran-
chises held by them from the Mayor and Council of Salis-
bury, unless the owner thereof shall consent thereto or unless
taken by condemnation as hereinbefore provided.

329. The Mayor and Council of Salisbury or any agent
or agents thereof may enter upon any county street, road
or alley, or any public highway other than State high-
way, for the purpose of installing, maintaining and oper-
ating the water supply sewerage and drainage systems pro-
vided for under this Act, and it may construct in any street,
road or alley or public highway a water main, sewer or drain,
or any appurtenance thereof, without the receipt of a permit
or the payment of a charge; provided, that whenever any
county or municipal highway is to be disturbed the public
authority having control thereof shall be duly notified, and
provided further that said highway shall be repaired and left
by the Mayor and Council of Salisbury in the same, or a not
inferior condition, to that existing before being torn up, and
that all costs incident thereto shall be charged as a part of
the cost of construction of such water supply, sewerage and
drainage system. When the Mayor and Council of Salisbury
desires to enter upon any State highway for the purposes
aforesaid it must first comply with the provisions of Section
8 of Article 89B of the Code of Public General Laws of Mary-
land (1935 Supplement).

330. If the Mayor and Council of Salisbury shall determine
to acquire by purchase the existing plant, water mains and

 

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Session Laws, 1937
Volume 412, Page 837   View pdf image (33K)
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