The Council must not grant any franchise in relation to any highway, avenue, street, lane, alley, or other right-of-way, either on, above, or below the surface, until all requirements of this Article have been met:
(a) Application to be published. The applicant must publish notice of each application for any franchise once a week for 3 successive weeks in one or more newspapers of general circulation in the County, specifying:
(1) the essential terms of the proposed franchise;
(2) the compensation the County will receive, which may take the form of in-kind goods and services as well as cash payments; and
(3) the location, character, and extent of the use of the right-of-way.
(b) Inquiry as to value. After the notice required by subsection (a) is published, the County Executive or a designee must investigate the value of the proposed franchise and the adequacy of the compensation proposed to be paid for it.
(c) Hearing on objections. If any taxpayer, or any property owner whose property right may be affected, files an objection to the granting of the franchise in writing with the County Executive within 10 days after the last notice required by subsection (a) appears, the County Executive or a designee must hold a hearing within 15 days after the objection is filed on the proposed franchise and any objections to it.
(d) Recommendations of County Executive. The County Executive must, in each case, after any hearings required by this Article, forward to the Council written recommendations including the Executive’s findings as to the value of the proposed franchise, any response to objections which have been raised, and any other relevant issues.
As used in this Chapter, “franchise” includes any franchise, lease, license, contract, or other right or permission to use or occupy a County right-of-way. However, “franchise” does not include a temporary, removable obstruction or occupation of a right-of-way for which the Department of Permitting Services has issued a permit under Section 49-11. (Mont. Co. Code 1965, § 24-16; 1910, ch. 484, § 177V; 1912, ch. 790, § 476; 1912, ch. 109, § 177V; 1971 L.M.C., ch. 3, § 9; , § 1.)
Editor's note—Section 49-20, formerly Section 49-11, was renumbered, amended, and retitled pursuant to 2007, ch. 8
, § 1. Former Section 49-20 was renumbered Section 49-13 pursuant to 2007, ch. 8
, § 1. The state public service commission may approve the transfer of assets of a public service corporation without the County's consent, Montgomery County v. Public Service Commission, 203 Md. 79, 98 A.2d 15 (1953).
See County Attorney Opinion dated indicating the approval needed for a developer to encroach upon the County right of way.
