[HISTORY: Adopted by the Council of the Town of Mount Airy 10-4-1993 by Ord. No. 1993-7. Amendments noted where applicable.]
Baltimore Gas and Electric Company, its successors and assigns (the company) is hereby authorized and empowered to lay conduit or pipes for the transmission and distribution of gas under the streets, lanes, alleys, roads, sidewalks and public rights-of-way, paved or unpaved, within the present or future limits of the Town of Mount Airy and to connect the same with any public or private building or structure, lamp or other object and with the place of supply, said authorization and power being for a period of 50 years from and after the effective date of this ordinance.
The use of said streets, lanes, alleys, roads, sidewalks and public rights-of-way shall be subject to such reasonable and proper regulations and conditions as the Town of Mount Airy may from time to time prescribe, including, by way of example but not by limitation, the right of the Town to fill up, repave, repair, resurface or relocate any street, lane, alley, road, sidewalk or public right-of-way under which the said conduit or pipes may be laid.
Said conduit or pipes shall be so laid as in no way to interfere with the safety or convenience of persons traveling on or over the said streets, lanes, alleys, roads, sidewalks and public rights-of-way or the drainage thereof.
The laying of conduit and pipes under the provisions of this ordinance shall be subject to the supervision of the said Town of Mount Airy, and the said company shall replace and promptly restore with the same quality and material that portion of any street, lane, alley, road, sidewalk and public right-of-way disturbed by it in the construction or maintenance of its gas system, all to the satisfaction of the said Town of Mount Airy.
The said company shall maintain all conduit or pipes, and all other apparatus laid or constructed under the provisions of this ordinance, in good and safe order and condition and shall at all times fully indemnify, protect and save harmless the said Town from and against all actions, claims, suits, damages or charges and against all loss and reasonably necessary expenditures arising from the company's actions or negligence in the laying, construction, maintenance and repairing of the company's gas system in said Town of Mount Airy or from its negligence or failure to maintain the said conduit, pipes and apparatus in good and safe order and condition.
Nothing herein contained shall be construed to grant unto said Baltimore Gas and Electric Company any exclusive right or to prevent a grant of similar privileges to other companies.
That Baltimore Gas and Electric Company shall, by its proper officers, within 60 days from the date of the passage of this ordinance, signify in writing its acceptance of all terms, conditions, regulations and restrictions contained in this ordinance, in default of which the same shall become null and void and of no force or effect.