The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-03-12
CITY ORDINANCES.
nEsOLUTIoN

DTOVal OF the proposed ACt OF Assembly, enulleu
"An act supp ementaIy TO an act to incorporate the
CITY OF Philadelphia, authorizing the improvement
OF Broad street in sald city ana most respectfully
act the same INTO a law, as follows;-
"An act supplementary to an act to incorporate
the city OF Philadelphia, authorizing the improve
ment OF Broad street in SAID city"
Whereas, for the uses and purposes of the public,
and the benefits ano ADVANTAGES which VIII inure to
them py making and forever maintaining Broad
street, IN the CITY of Philadelphia, for its en-
tire length, as the same rs now opened or may
city and for keeping and preserving the said street
oreV free ON and unobsruced by railroad tracks
extending along the same as well Us for the purpose
Of enabling and authorizing the sald city TO remove
or cause TO be removed all railroad and railway
tracks and other distractions Lard or constructed
along the same, and IN impairng its u'es for public
purposes as aforesaid
Section Be it enacted by the Senate and House
of Representatives Of the Commonwealth of Penn
syyanla in General Assembly met, and tits hereby
enacted by the authority OF the same that the ciyof
Phiade pbia be and IS hereby authorized and EN-.
powereu and required to occupy and appropriate
Broad street. in the city Of Philadelphia, for entire
length, as the same now opened may hereafter
be opened and from curb to curb thereof except as
hereinafter provided, Tor the uses and purposes of
public drive carriage way, street, or avenue and to
time 10 time, and in whole or in part with such mode
Of pavement, paving, macadamizing, gravelng, or
other oadway rs may, In the judgment OF the Select
and Common Councils of said city, be best adapted
to and Ior the and purposes aforesaid and tor
that purpose The said Councils shall have and are
hereby authorized 10 enact such ordinances or reso
lutions, with such conditions stpulatlons as may
require the cost OF sald Improvements to be paid for
Provided That so muoh OF Broad street lies
letween Willow and Prime streets shall not DO sub
ject to the operation OF this act for the period of
three years from the passage hereof
Section The said city of Philadelphia is hereby
auth orzed empowered and required for the uses
and purposes aforesaid and enaoe the said street
10 be occupied and improved, to take and appro-
priate ali the estate rights interest liberties ease
ments franchises, and properties Of in, to, upon or
along the said street. belonging to or enjoyed by any
private owner, OF municipal railroad, or railway
nratio ona
and TO take up ana remove therefrom from time
to time, all railroads or railway tracks, or other
DISTINCTIONS thereupon except such tracks as
cross said street, first causing just compensation
10 be made, or secured to be made, to such
tariiy subscribed by the citizens of said city for
that purpose and II the said city cannot agree
with such corporation corporations, or private own
ers upon the compensation to be made, secured to
be made as aforesaid 10 cause petition to be pre-.
sented or filed in the Court oil Common Pleas of the
SAID city and county OF Philadelphia, behalf of
SAID city, setting fortn the nature and kind OF such
estate Rht interest liberties, easement franchise,
or property, which such corporation or private
owner hath, claim to nave, OF, in upon, or
along SAID street, and that, by ordinance or
resolution, the said city has appropriated the
upon the Court shall appoint jury of five freehold
es residents SAID city to ascertain and report TO
said Court what the compensation such corporation
or private owner claiming the entitled to- and
when such report shall De affirmed by the Court
upon notice 10 such corporation, and the said COM
Commissioner of Highways shall proceed to re-
move and take up the railroad or railway tracks or
distractions from said street, and the proceedings
for the ascertanment of such compensation or
damage, where not otherwise provided for by this
act, shall be accordance with the provisions of
The general act of Assembly relating to railroad
companies, approved 10Th February, 1849: Provided
however, that before the said city shall actually
qure any such rights estate, interest liberty, ease
msnt and property, or remove from SAID street any
such railroad or railway tracks, the amount or COM
pensaton so agreed to be paid or ascertaned by the
jury aforesaid shall be and paid to such
corporation entitled to the same out of money Voun-
aly subscribed by the citizens of said city for tnat
purposes and provided, further, that any passenger
railway corporation corporations which NAV have
the right under existing laws to occupy the whole
shall and will within six months after the passage of
this act relinquish and surrender to- the Common
weslth oil PENNSYLVANIA, and which they are hereby
authorized to do, all their rights, franchises and
easements thereupon thereon, between Christian
| street and Columbia avenue. and shall and will
covenant and with the City of Philadelphia for
and behalf of the citizens thereof, not to use or
| permit to be used upon their railway or IaIrways
! upon other portions of said street steam as the
motive power; then, in consideration thereof, such
passenger railway corporation or CORPORATIONS shall
| be exempt from any appropriation OF their corpo-
rate rights franchises and easements ana privileges
upon said Broad street between Christian street and
| League Island ana from Columbia avenue north
NaTdly, under the provisions OF this section
Section g. And the said city is hereby authorized
and empowered. for the u es and purposes Aforesaid
| and TO enable the said street to be occupied and
improved, TO take and appropriate any and right,
title, claim, interest, easement, herties pryi eyes,
or property which may belong 10 ehe Philadelphia
and Reading Railroad Company, or which the SAID
company may have IN any way OF, in, to, upon, or
along SAID street or any portion thereof and the rail-
road belonging TO said comPan, and constructed andy
lald upon sad street, or o. IN or to any OF said
rarOad, or any right, title claim to the mante-
nance and continuance OF SAID railroad Oy the CITY,
and 10 lemoVe such raj road tracks from said street.
first causing just compensation to be made, or Sc.
| cured to be made, to the said Philadelphia and
Reading Railroad Company, as provided for sec.
tion OF this act: Provided however that before
the sald CITY shall actually acquire any such right,
title, clalm interest easement, liDertes privileges
property, or use, or shall remove from said street
any such railroad or railway track, the amount OF
compensation agreed to be paid or ascertained by
the Jury as aforesaid shall be contributed and pald
to The said Philadelphia and Reading Railroad
| Company. out OF money voluntarily subscribed by
| the citizens Of said city for that purpose
Section 4. That upon the Improvement of said
street, OF any portion thereof, as prov ded IN the
first section hereof and IN consideration the pay
men OF the cost thereof by the owners of property
| nbuttinR thereupOn aforesaid, or upon and in
consideration of the contributions and paymeots OF
the moneys agreed to be paid ascertaned by o
jury as aforesaid no person or persons, corpora.
tons of any kind, nor The city OF Philadelphia, shall
OF any time hereafter be authorized or empowered
to locate, lay construct, or maintain any railroad
or railway tracks, or distractions preudlcal to the
and purpose aforesaid along or upon said street
or any portion thereof Except at the intersection
Streets and Tor the purpose OF crossing said Broad
street,; Provided, nevertheless, that single double
track passenger railway and which shall not be useC
or operated by steam power, may hereafter be au
wealth OF PennsylYanla, upon the whole or portion
OF tald Broad street, when an act or acts for tina
purpose shall be approved and recommended by al
ordinance OF the Select and Common Councils sale
CITY, and approved by the Mayor
Section 5. The Select and Common Councils of
the city are hereby authorized and requested Il
enact all ordinances or resolutions necessary an(
proper for the carrying into effect the requirements
provisions, and purposes OF this act and IN liki
manner 10 require any railway tracks hereafter Il
be laid and constructed upon Broad street. to b.
done under the direction OF the Chief Engineer O
the said CITY, in such manner as shall not nterfer