Gaithersburg                                     2105

68.        No person or company, shall construct or place or change the
location of any main, conduit, pipe or other facility in the public ways of
the City without first obtaining written approval thereof from the City
upon such conditions and subject to such limitations as may be imposed
by the City. Any person or company violating the provisions of this section
shall be guilty of a misdemeanor. If any unauthorized main, conduit, pipe,
or other structure be constructed, placed or relocated in violation of this
section, the City may order it removed or remove it at the expense of the
person or company who violated this section.

69.        Any person or company having mains, pipes, conduits, or other
structures in, on or over any public way in the City or in the County which
impede the establishment, construction, or operation of any City storm
water sewer shall, upon reasonable notice, remove or adjust the obstruc-
tions at their own expense to the satisfaction of the City.

70.        The City may enter upon or do construction in, on, or over any
County or State public way for the purpose of installing or repairing any
equipment or doing any other things necessary to establish, operate, and
maintain the storm water sewers provided for in this Charter. Unless
required by the County, or State, the City need not obtain any permit or
pay any charge for these operations, but it must notify the County or State
of its intent to enter on the public way and must leave the public way in a
condition not inferior to that existing before.

71.        The Council may regulate the installation of septic systems, and may
require their abandonment on properties which are adequately served by
public sewage disposal systems.

72.        Any employee or agent of the City, while in the necessary pursuit
of his official duties shall have the right of entry at all reasonable hours,
and after reasonable advance notice to the owner, tenant, or person in
possession, upon any premises and into any building in the City. Any
restraint or hindrance offered to such entry by any owner, tenant, or
persons in possession, or the agent of any of them may, by ordinance, be
made a misdemeanor.

73.        The City shall have the power to levy and collect taxes in the form
of special assessments upon property in a limited and determinable area
for special benefits conferred upon such property by the installation,
construction, repair or reconstruction of bridges, water lines, sewer lines,
storm or surface water lines, street paving, curbs, gutters or sidewalks, and
the construction or leasing of public parking facilities, parks or recreation
facilities and to provide for the payment of all or any part of the above
projects out of the proceeds of such special assessment. The cost of any
project to be paid in whole or in part by special assessments may include
the direct cost thereof, the cost of any land acquired for the project, the
interest on bonds, notes, or other evidences of indebtedness issued in
anticipation of the collection of special assessments, a reasonable charge
for the services of the administrative staff of the City and any other item
of cost which may reasonably be attributed to the project.

74.        The procedure for special assessments shall be as follows:

a.    The cost of the project being charged for shall be assessed accord-
ing to the front foot rule of apportionment or some other equitable basis
determined by the Council.

b.    The amount assessed against any property for any project or
improvement shall not exceed the value of the benefits accruing to the