Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1912-06-14

provided IN TINS ACT. SAID county Com
missioners shall have the power to lay
out and construct the same in the man.
ner and subject to the same provisions
and restrictions. so far as the same may
be applicable, as are provided herein fol
the opening, altering, relocating or closing
Of county roads, and to assess the bene-
fits and award the damages arising there
| from in the same manner.
ITO. The said County Commissioners
Of Montgomery county shall have full
power to agree and contract with owners
Of land for materials. the use of which
may be required in connection with the
opening of any new road, the construc-
ton or repair Of any bridge. the relocat-
ing. Strengthening or widening of anyroad
the proper drainage of the roads of the
county, or in connection with any other
Of the duties under this subtitle, and ii
they be unable for any reason to agree
with the owners of any such land or ma
terials, the use of which is required fol
any such purposes, and If other provisions
of this subtitle shall not in any such case
be applicable or advisable under the cir
cumstances, said Commissioners may pro.
coed to condemn the same under the pro
visions of the law relative to condemna-
I eAOh W NOAROAdeAOAAos AuuAAACARdl VI ONAAOA
wise, as fully as though they were a cor
poration named in the several sections Of
said law.
ITS. Any person having property OF
individual rights involved and feeling az
erieved by any final decision of the said
County Commissioners affecting such
rights. including their final decisions in
all matters in this subtitle specified,
shall have the right to appeal from such
final decision to the Circuit Court for said
county; provided, that all such appeals
shall be taken and the cost of the record
paid or rendered to the Clerk of the said
Commissioners within thirty days from
the rendering of such decision and pas
sage of an order in conformity Herewith,
and If such appeal is not so taken. or
costs not so paid or rendered within said
thirty days allowed for same, the right
of appeal and all other rights in connec-
ton with such appeal shall be considered
waived; on the taking Of such appeal and
the payment or tender Of the costs there
of, as aforesaid, it shall be the duty Of
the Clerk to the said Commissioners to
forthwith prepare transcript of the pro-
ceedings and transmit the same to the
Clerk of the Circuit Court for Montgomery,
county; such appeal shall be tried at the
term of the court then being held, or as
soon thereafter as convenient for the
court, and upon such trial the court shall
give such judgment as shall be proper, in
Guiding the matter of costs, which in no
event shall be given against the said
County Commissioners unless they be a
party to the proceedings, and the judg-
ment so given shall be certified to the
said Commissioners by the Clerk Of said
Court.
The proceedings on such appeal shall
not be quashed because of any formal de-
feet, and any of the proceedings may be
amended as to matters Of form as fully as
if suoh case had originated in said court,
so that the case may be tried on its mer-
its. and the purposes of justice subserved,
or the court may in its discretion remand
said case to the said County Commission
ers for alteration. correction or amend
ment. All persons so appealing, or against
whom such appeal is taken, shall have
the right to trial by jury of all issues of
fact involved in such appeal as fully and
in the same manner as though the case
had originated in the said Court.
l77u. Said Commissioners shall have
the power to require all notices provided
by this subtitle to be given, or which it
may be necessary to give in the course of
any of its proceedings, to be served by
any of the Constables of Montgomery
county, and to allow the sum of forty
cents and no more for the service of every |
such notice; and any Constable failing to |
serve any such notice or making any |
ialse return as to such service shall be |
punishable as for other similar violations |
Of duties required by law to be performed
by him.
Section " And be it further enacted.
That five new sections be added to Arti-
tie Is of the Code of Public Local Laws.
title Montgomery County" subtitle
Roads" to follow section 177w, to be
known as sections 177v, 177w, 177x, 1S7y
and 177z, and to be and read as follows:
1T v. No franchise or right in rela-
ton to any highway, avenue, street, lane
or alley. either on. above or below the
surface of the same, shall be granted by
the County Commissioners of Montgomery
county until the following provisions
shall have been complied with % The
application for such franchise or right
shall be published by the applicant once
a week for three successive weeks in two
newspapers published in Montgomery coun-
ty and having general circulation, setting
forth the location, character and extent of
the franchise sought; (2) Upon the first
publication of said notice it shall be the
duty Of the County Commissioners of
Montgomery county to make diligent in
quiry as to the money value of the fran
chise or right asked to be granted, and
the adequacy Of the compensation pro-
posed to be paid for it; (S) If any Objec-
ton is made to the granting Of the fran
chise asked by any person or persons in
terested therein, either as taxpayers or
having property rights involved. and filed
in writing with the Clerk Of the Board,
before the expiration Of such potice, OPP
portunity shall be granted and time set
for the hearing of such objections.
177w. II no valid objection is made to
the granting Of such franchise and il ap-
pears to the said board that the granting
Of the same Is expedient and proper, the
said board shall have authority to grant
such franchise for such money compensa-
ton at it shall upon inquiry determine
proper and as may be prescribed by said
board, for a period not LONGER than TWEEN
ty-five years, but such grant may at the
option Of said board provide for givinl
the grantee the right, and fair valuation
lhNAuuiilB III SUCH Tc-NdludtlOn tllc NhluC, III
any, derived from the said franchise OIL
right to renewals. not exceeding in the
aggregate twenty-five years. Every gram
OF any such franchise or right shall make
provisions, by way Of forfeiture of the
grant. for the purpose Of compelling com
pliance with the terms thereof and to Sc
cure efficiency of public service at rea-
sonable rates and the maintenance of the
property in good condition. throughout the
full term Of the grant. The grant shall
also specify the mode Of determining the
valuation and revaluation which may bt
provided for therein, and the time limita.
ton in which there shall be an exercise Of
the rights given, and in default Thereof
for lapse Of the grant.
l77x. When the grant Of franchise o.
right is made in compliance with tn,
aforegoing sections, the said County Com
missioners of Montgomery county shall
not part with. but shall expressly reserve
the right and duty at all times TO exer.
else full municipal control and regulation
in respect to all matters connected with
said grant not inconsistent with the terms
thereof.