[HISTORY: Adopted by the Mayor and Council of Pocomoke City 10-15-1990 by Ord. No. 311. Amendments noted where applicable.]
The Mayor and Council of Pocomoke City does hereby grant unto
Eastern Shore Gas Company, Inc., a Maryland corporation, and unto
its successors and assigns the right and franchise to build, construct,
extend, maintain and operate in the Town of Pocomoke City, Worcester
County, Maryland, a plant or establishment for the conversion, storage
and/or distribution of, and in said town to distribute through mains
and sell and deliver to the public, natural, liquefied petroleum or
artificial gas and for such purpose or purposes to lay pipe, conduits,
conductors and/or other appurtenances of whatsoever kind or nature
through and under the streets, highways, alleys, lanes and other public
areas in said Town of Pocomoke City, Maryland.
Pursuant to the franchise hereby granted, said Eastern Shore
Gas Company, Inc., its successors and assigns shall have the right
to enter upon and use any one or more or all of the streets, avenues,
highways, alleys, lanes and other public areas within the corporate
limits of said Town of Pocomoke City, Maryland, as they now exist
or as they may hereafter be extended, for the purpose of distribution
and sale of natural, liquefied petroleum or artificial gas, subject
to the terms and conditions herein provided.
This franchise shall be exercised in such manner that at no time shall public travel on any of said streets, avenues, highways, alleys, lanes or other public areas be unnecessarily affected or impeded by the laying, maintenance or repair of said gas pipes, conduits or conductors, and no more than 1,000 feet of said streets, avenues, highways, alleys, lanes or public areas shall be at any one time excavated for the use or uses aforesaid, and the surface of all such streets, avenues, highways, alleys and lanes, where used for the purpose of said franchise, shall be restored and left in as good condition as they were before such use, subject to terms and conditions of Article III of Chapter 201 of the Pocomoke City Code.
In accepting this franchise, the holder hereof agrees and covenants
to indemnify and save harmless said Mayor and Council of Pocomoke
City from any and all liability for any and all damages arising out
of the construction, maintenance and/or operation of the aforesaid
gas plant or establishment and/or the laying, maintenance and/or use
of said gas mains, pipes, conduits, conductors and any and all appliances
and equipment used in connection therewith.
Subject to the other provisions of this ordinance, the franchise
hereby granted is limited to the period of 10 years from October 1,
1990, but it may, in the discretion of the Mayor and Council of Pocomoke
City, be renewed for a like or shorter period, on the same terms and
conditions as are herein provided, on application by said Eastern
Shore Gas Company, Inc., its successors or assigns then engaged in
the distribution through mains of natural, liquefied petroleum or
artificial gas in said town at least six months prior to the expiration
of the period of time for which this franchise or any renewal hereof
is granted, such applications to be in writing and to be addressed
to the Mayor and Council of Pocomoke City, Maryland.
Said Eastern Shore Gas Company, Inc., its successors or assigns
shall not be liable to said Town of Pocomoke City for occupation or
franchise tax during the existence of this franchise but shall be
liable for any and all other lawful taxes which may be legally imposed
on said franchise holder.
In case it is judicially determined that any word, phrase, clause,
item, sentence, paragraph or section of this ordinance or the application
thereof to any person or circumstances is invalid, the remaining provisions
and the application of such provisions to the other persons or circumstances
shall not be affected thereby, the Mayor and Council of Pocomoke City
declaring that it would have ordained the remaining provisions of
this ordinance without such word, phrase, clause, item, sentence,
paragraph or section, or the application thereof, so held invalid.
This ordinance shall take effect from and after October 1, 1990,
upon approval by the Mayor and upon the filing with the City Clerk
of the acceptance by said Eastern Shore Gas Company, Inc., by letter
within 60 days from the date of the passage of this ordinance, of
the franchise hereby conferred, which said franchise shall thereupon
become a binding contract between the Mayor and Council of Pocomoke
City and said Eastern Shore Gas Company, Inc., its successors and
assigns.
