Danville intelligencer. [volume] (Danville, Pa.) 1859-1907, 1904-11-11
AN ORDINANCE.

CROSSES THE TRACKS OF THE
PHILADELPHIA AND READING
RAILWAY COMPANY AT GRADE
AND IN LIEU THEREOF TO EX.
TEND "a" STREET IN THE SAID
BOROUGH, UNDER THE TRACKS
OF THE SAID RAILWAY COM.
NY. TO WALNUT STREET, IN
THE SAID BOROUGH, AND FOR
OTHER PURPOSES. fS
WHEREAS, a certain petition sign
ed by the majority in interest and
number of owners of property abutting
on the line Of the proposed improve
ment, was duly presented to the Chief
Burgess and Town Council of the Bor-
ough of Dauville at regular and stat
ed meeting of the said Town Council,
setting forth, among other things, that
the part or portion of Gross street, in
the said Borough, which is crossed at
grade by the tracks of the Philadel-
phia and Reading Railway Company
IS dangerous to public travel and is a
constant menace to life and limb in
its present location, and that a much
safer and more practical route for all
such public travel could be readily OBJ
tanned by an under grade crossing of
the said railway at "a" street there
by connecting the latter street direct.
ly with Walnut street, in the said Bor-
ough that it was therefore expedient
that such part or portion of Gross
street between its northern intersec-
tion with Nicholas Avenue and its
southern intersection with said Wal
nut street be properly vacated and thaa
in lieu thereof said "a" street be ex-
tended from its intersection with Col
umb;a and Nicholas avenues in a
southwarely direction, under, and at
right angles with. the tracks of the
said railway company. to Walnut
street aforesaid; that tile petitioner
was the sole owner of all property
thus abutting on the line of the pro-
posed Improvement and as such was
the only party entitled to statutory
notice preliminary and subsequent to
the enactment of an ordinance in such
behalf; that the said petitioner there.
by and therein waived all such statu-
tory notice to which it would be oth-
erwise legally entitled, and respect
fully requested that the necessary and
proper ordinance for the above purpose
be at once duly enacted without any
other preliminary or subsequent pro-
oeedings as to such notice being had
in the premises.
AND WHEREAS, the said petition
or thus being a majority in interest
and number of owners of pIoperty as
aforesaid, in the said petition therein
expressly waived all statutory notice
preliminary and subsequent to the en-
actment of the ordinance thus request
ed and further asked that such ordin.
ance be at once duly enacted without
any other preliminary or subsequent
proceedings as to notice being had in
the premises.
AND WHEREAS, it thus clearly
appears that majority in interest and
number OF owners of property abut-
ting Oh the line of the proposed i'm.
provement are in favor of the said i'm
provement and that such improvement
is of manifest advantage and necessary
to the safety Of the travelling public
in general and especially to the in
habitants OF that locality in the said
Borough of Danville,
AND WHEREAS, the Danville and
Bloomsbury Street Railway Company,
its successors and assigns. in consid-
Grafton of certain privileges and fran.
chises to 1t and them hereinafter grant
ed by the said Borough of Danville,
have oovenanted and agreed with the
said Borough of Dsnville to make such
extension of "a" street at its and
their own proper cost and expense, and
to fully indemnify and save harmless
the said Borough of Danville from
any and all damages, individual. . prop
erty, or otherwise whatsoever, that
may accrue in. or be in any wise in.
cidental to, the construction OF such
extension of "a" street as we'll as to
keep such extension of "a" street,
when thus constructed, in proper con-
dition and repair at all times.
THEREFORE,, be it ordained and
enacted by the Chief Burgess, and by
the Town Council of the Borough of
Danville. in the County of Montour
and State Of Pennsylvania, in Coun-
Gil assembled, and it is hereby ordain-
ed and enacted by the authority of the
same:
SECTION |. That. all that certain
part or portion Of Gross street between
its northern intersection with Nicholas
avenue in the Fourth Ward of the |
said Borough of Danville and its south |
ern intersection with Walnut street in |
the Third Ward of the said Borough of |
Danville be vacated upon the compile.
tion and acceptance by the said Bor-
ough Of Danville of the said under
grade extension of "a" street to be
constructed in lieu thereof as is in the
next Section of this ordinance more
specifically provided.
SECTION 2. That said A" street,
in the Fourth Ward of the SAID Bor-
ough of Danville, be extended from
It's intersection with Columbia and
Nicholas avenues in southwardly
direction. under, and at right angles
with, the tracks If the PHILADELPHIA
and Reading Railway Company. to
Walnut street, in the Third Ward of
the said Borough of Danville.
SECTION g. That the said extep.
sion at "A" street shall be made by
the said Danville and Bloomsbury