The Commissioners shall have the power to condemn
property of any kind, or interest therein, or franchise connected
therewith, in fee or as an easement which lies entirely or partly
within the corporate limits of the town for any public purpose and
shall further have the power to condemn any real property or interest
therein outside of the town, in fee or as an easement, where such
real property or interest therein is necessary for the installation,
completion, erection, extension or maintenance of sewerage, water
or stormwater drainage systems serving the town.
The manner of procedure in case of any condemnation
proceeding shall be that as provided in Article 33A of the Annotated
Code of Maryland, 1957 Edition, titled "Eminent Domain," or subsequent
amendments thereto.[1]
[1]
Editor's Note: Article 33A was repealed by
Acts 1972, ch. 349, § 1. For current provisions on the subject,
see Anno. Code of Md. (1957), Real Property, § 12-101, et
seq.
The Commissioners shall have the power to acquire,
obtain by lease or rent, purchase, construct and operate all buildings
it deems necessary for the operation of the town government and the
convenience and recreation of the citizens of Mardela Springs.
The term "public ways" as used in this Charter
shall include all streets, avenues, roads, highways, public thoroughfares,
lanes and alleys.
The Commissioners shall have control of all
public ways in the town except such as may be under the jurisdiction
of the Maryland State Roads Commission.
The Commissioners, save as limited by § MC3-5, shall have the power:
A.
To establish, regulate and change from time to time
the grade lines, width and construction materials of any town public
way or part thereof, bridges, curbs and gutters.
B.
To grade, straighten, widen, alter, improve or close
up any existing town public ways or part thereof.
C.
To grade, lay out, construct, open, extend and make
new town public ways; or to require that any person, firm or corporation
desiring to develop property within the town grade, lay out, construct,
open, extend and make public ways through said property in accordance
with the requirements of the Commissioners at his expense and thereafter
convey the bed of such public ways to the town.
D.
To pave, surface, repave or resurface any town public
way or part thereof.
E.
To install, construct, reconstruct, repair and maintain
curbs and/or gutters along any public way or part thereof.
F.
To construct, reconstruct, maintain and repair bridges
belonging to the town.
G.
To name town public ways.
H.
To have surveys, plans, specifications and estimates
made for any of the above activities or projects or parts thereof.
The Commissioners shall have the power:
A.
To establish, regulate and change from time to time
the grade lines, width and construction materials of any sidewalk
or part thereof on town property or private property along any public
way or part thereof.
B.
To grade, lay out, construct, reconstruct, pave, repave,
extend or otherwise alter sidewalks on town property along any public
way or part thereof; to require that any person, firm or corporation
desiring to develop property within the town construct at his expense
sidewalks along the proposed public ways within such development in
accordance with specifications of the Commissioners.
C.
To require that the owners of any property abutting
on a sidewalk keep the sidewalk clear of all ice, snow and other obstructions.
D.
To require and order the owner of any property abutting
on any public way in the town to perform any projects authorized by
this section at the owner's expense according to reasonable plans
and specifications. If, after due notice, the owner fails to comply
with the order within a reasonable time the Commissioners may have
the work done and the cost thereof shall be a lien on the property
and shall be collectible in the same manner as are town taxes or by
suit at law.
E.
To require by ordinance that owners of corner properties
do not maintain adjacent to their sidewalks or sidewalk areas shrubbery
or other obstructions which screen or block the view of motorists
nearing the corner, thus creating an undue traffic hazard, and to
provide that violation thereof shall be a misdemeanor.
If any section or part of section of this Charter
shall be held invalid by a court of competent jurisdiction, such holding
shall not affect the remainder of this Charter nor the context in
which such section or part of section so held invalid shall appear,
except to the extent that an entire section or part of section may
be inseparably connected in meaning and effect with the section or
part of section to which such holding shall directly apply.
