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Session Laws, 1959
Volume 642, Page 389   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                            389

way, for the purpose of installing, maintaining and operating the
[water supply or sewerage systems] urban services facilities pro-
vided for under this sub-title, and it may construct in any such
street, road, alley or public highway, [a water main, sewer or drain]
any such facilities or any appurtenance thereof, without the receipt
of a permit or the payment of a charge; provided, that whenever any
State, 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 Com-
mission in the same condition as, or in a condition not inferior to,
that existing before said highway was torn up, and that all costs
incident thereto shall be borne by the Commission.

443.    Any employee or agent of the Commission shall have the
right of entry, at all reasonable hours upon any private premises and
into any building, in such [sanitary] district, while in pursuit of his
official duties, upon first presenting proper credentials from the Com-
mission, and any restraint or hindrance offered to such entry by any
owner or tenant, or agent of said owner or tenant, or any other
person, shall be a misdemeanor punishable under Section [445] 446
of this sub-title.

444.    All individuals, firms or corporations having buildings, con-
duits, pipes, tanks, poles or other structures or obstructions in, on,
over, under or through any public road, street or alley of any [sani-
tary] district, or any portion of Wicomico County outside of any
[sanitary] district, which shall block or impede the construction and
establishment of the Commission's [water supply or sewerage sys-
tems] urban services facilities, or other works, shall upon reasonable
notice from the Commission, promptly so shift, adjust, accommodate
or remove such structures or obstructions as to fully meet the exigen-
cies occasioning such action; provided, however, that the costs of
such changes shall be borne and paid for by the Commission. Every
public service corporation, company or individual before it or they
shall begin any excavation or construction in any street, road, alley
or public highway within any [sanitary] district shall file with the
Commission plans of such work and construction showing the loca-
tion and depth in such street, road, alley or public highway of the
proposed main, conduit, pole, pipe or other structure, and such con-
struction or work shall not be begun until said plan shall have been
approved by the Commission, nor shall any change be made in said
approved plan or in the work or construction as shown upon said
plan, except on further approval of the Commission. Whenever any
main, conduit, pole, pipe or other structure is put in without the
filing of plans with the Commission and the approval thereof by it,
or when any change is made in the location of such main, conduit,
pipe, pole or other structure as shown upon the plans approved by
the Commission, or any approved change therein, the Commission
may, if and when such conduit, main, pipe or pole, or other structure
interferes with the construction of or operation of its [water or sew-
erage system] urban services facilities, or other works, remove such
conduit, main, pipe, pole or other structures or change the location
thereof at the cost and expense of the party so putting them in, or
their heirs, assigns, or successors, and without any liability upon the
part of the Commission for damage that might be done to the same
by reason of the Commission's operations in constructing or main-
taining its systems or works. Any violation of the provisions of this

 

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Session Laws, 1959
Volume 642, Page 389   View pdf image (33K)
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