[1959 Code, sec. 397. 1951, ch. 534, sec.
115]
The term "public ways" as used in this Charter
shall refer to all streets, avenues, roads, highways, public thoroughfares,
lanes and alleys which at present are or in the future may be within
the City of Salisbury.
[1959 Code, sec. 398. 1951, ch. 534, sec.
116]
The City of Salisbury shall have charge of all
the public ways of the city except such as may be under the jurisdiction
of the Maryland State Roads Commission. Subject to the laws of the
State of Maryland and this Charter, the City of Salisbury may do whatever
it deems necessary to establish, operate and maintain in good condition
the public ways within the city.
[1959 Code, sec. 399. 1951, ch. 534, sec.
117] [Amended 9-10-1962 by Res, No. 12[1] ]
The City of Salisbury shall have the power:
A.
To establish and change from time to time the grade
lines, width and construction materials of any public way or part
thereof.
B.
To grade, layout, open, extend and make new public
ways.
C.
To grade, straighten, widen, alter, improve or close
any existing public way or part thereof.
D.
To pave, surface, repave or resurface any public way
or part thereof.
[1]
The preamble to Res. No. 12, adopted 9-10-1962,
was as follows:
"Whereas, several different assessment procedures
are now set forth in the City's Charter with respect to various categories
of public works or public improvements, which are variously defined
therein, and limitations are contained in Section 117(e) thereof on
certain types of assessments, and the Council believes that it is
desirable and in the public interest that such different procedures,
definitions and limitations be harmonized and clarified; and
"Whereas, under Section 142A of the City's
Charter (being Section 425 of the Wicomico County Code 1959) relating
to special assessment districts for off-street parking facilities,
the City's authority to levy special taxes in any such special assessment
district is limited to the annual rate of thirty cents per one hundred
dollars of assessed valuation and the purpose of such districts is
limited to the acquisition and development of off-street parking facilities
therein; and
"Whereas, pursuant to such Charter authority,
the City has established one such district, Parking District No. 1,
which has been in operation for approximately two years and which
contains off-street parking facilities acquired with the proceeds
of an issue of bonds sold by the City in 1960 and designated "Salisbury,
Maryland, Parking Facility Bonds of 1960", dated January 15, 1960,
maturing serially over a period of twenty-three years beginning with
the year 1960 to and including the year 1984, and bearing interest
at rates ranging from three and three-fourths (3 3/4) per centum
to four (4) per centum per annum; and
"Whereas, in the judgment of the Council,
the City's experience in the operation of said Parking District No.
1 demonstrates a need to increase the maximum permissible annual special
tax rate in such districts to sixty cents per one hundred dollars
of assessed valuation (in order that bonds serviced by district revenues
including such special taxes will be better secured and more readily
marketable, will bear lower rates of interest and can be paid off
in a shorter period of years, thereby reducing interest costs to the
district) and to provide further flexibility by adding to the off-street
parking facilities now authorized other public improvements as hereinafter
defined."
[1959 Code, sec. 400. 1951, ch. 534, sec.
118]
The City of Salisbury shall have the power:
A.
To establish and change from time to time the grade
lines, width and construction materials of any sidewalk or gutter
or part thereof.
B.
To grade, lay out, construct, reconstruct, pave, repave,
repair, extend or otherwise alter the sidewalks along any public way
or part thereof.
C.
To install, repair and maintain curbs and/or gutters
along any public way or part thereof.
D.
To assess the cost of any projects under this section
on the abutting property in the manner provided in § SC14-2
of this Charter.
[1959 Code, sec. 401. 1951, ch. 534, sec.
119] [Amended 9-11-2017 by Res.
No. 2017-6]
The City of Salisbury shall have the power to
require and order the owner of any property abutting on any public
way to perform any projects under § SC11-4 of this Charter
at the owner's expense according to reasonable plans and specifications
established by the Department of Infrastructure and Development, if,
after due notice and hearing, the owner fails to comply with the order
within a reasonable time, the city may do the work, and the expense
shall be a lien on the property and shall be collectible in the same
manner as are other taxes.
[1959 Code, sec. 402. 1951, ch. 534, sec.
120]
The city shall have the power:
A.
Public squares, bridges and watercourses. To lay out,
construct and maintain public squares, bridges and watercourses.
[Amended 1-10-1966 by Res. No. 73[1]]
[1]
The preamble to Res. No. 73, adopted 1-10-1966,
was as follows:
"WHEREAS, under Article XI, 'Public Ways and Sidewalks' of the Charter of The City of Salisbury, the City is empowered to lay out, construct, and maintain public ways, public squares, and watercourses, but is not specifically so empowered with respect to bridges, which in some cases are necessary parts of public ways; and
"WHEREAS, in the judgment of the Council it
is in the public interest to add similar specific power as to bridges."
"For the preamble to Res. No. 4, adopted 1-9-1961, see § SC10-2.
B.
To remove trees, posts and other obstructions when
necessary to carry out any projects under this Article.
[1959 Code, sec. 403. 1951, ch. 534, sec.
121]
For the purpose of carrying out any of the work
or projects provided for in this Article, the city shall have the
power to purchase or condemn any property it deems necessary as hereinafter
provided. Any of these projects shall be considered as public improvements
within the meaning of § SC15-1 of this Charter. Any condemnation
proceedings shall be carried on in accordance with § SC15-1
of this Charter.
[1959 Code, sec. 404. 1951, ch. 534, sec.
122] [Amended 1-9-1961 by Res. No. 4[1]]
The City of Salisbury shall have the power to
regulate all subdivisions or resubdivisions of land within the city.
For the purpose of putting this section into effect, no plat or plan
of any subdivision or resubdivision within the city shall be recorded
among the land records of Wicomico County by the Clerk of the Circuit
Court for Wicomico County until the plat or plan has been approved
in writing by the Salisbury Planning Commission. The Council shall
have the power to prescribe rules and regulations governing the filing
of plats and plans, the erection of permanent markers wherever necessary,
the supplying of necessary topographical data, the laying out and
constructing of proposed streets, the establishment of building lines
and zoning regulations and such other things as it may deem necessary
for the proper control of subdivisions or resubdivisions. No public
way shall be accepted for public use unless the plat and location
thereof shall have been submitted to and approved in writing by the
Salisbury Planning Commission.
[1959 Code, sec. 405. 1951, ch. 534, sec.
123] [Amended 9-11-2017 by Res.
No. 2017-6]
No public way, sidewalk, curb or gutter shall
be graded or the grade changed, nor shall any other work be done,
except in accordance with plans approved by the Department of Infrastructure
and Development. Any person violating the provisions of this
section shall be guilty of a misdemeanor and in addition may be required
to restore the public way, sidewalk, curb or gutter to its original
condition at his own expense.
[1959 Code, sec. 407. 1951, ch. 534, sec.
125]
The City of Salisbury shall have the power to
issue bonds in accordance with the provisions of § SC7-46
of this Charter to finance work on public ways, sidewalks, curbs,
gutters or other projects undertaken under the provisions of this
Article.
[1959 Code, sec. 409. 1951, ch. 534, sec.
127]
When any milldam within the limits of the City
of Salisbury has been or shall be acquired as a public way and there
is a flumeway or passage for water from the dam to a mill or other
place where the waterpower is used, on the opposite side of such public
way, such flumeway shall be constructed throughout the distance that
it passes through the public way in a safe and substantial manner,
and the bridge over the same shall be constructed in a safe and substantial
manner. Both shall be maintained in good and safe condition by the
owner of such dam at his own expense, and such owner shall be liable
for any damage or injury caused by the negligence of such owner in
constructing or maintaining the same. The Council may pass ordinances
for the enforcement of these provisions and provide appropriate fines
and penalties for noncompliance therewith. The owner of any such dam,
mill or other such place where such waterpower is used may, after
one month's notice to the Council, abandon such flumeway by written
notice delivered to the City Clerk. After such notice, the City of
Salisbury shall have full control of the public way over the dam as
over other public ways in the city.
