Danville intelligencer. [volume] (Danville, Pa.) 1859-1907, 1904-11-04

said railway company, to Walnut
street Aforesaid; that the 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 | + liminary 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 bo 9th
erwisa legally entitled, aud 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-
ceeding' as TO such notice being had
in the premises.
AND WHEREAS, the said petition
Hr thus being a majority in interest
and number of oYners of property 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 IA 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
provemeut and that such improvement
is of manifest advantage and necessary
to the safety of the travelling public
in general and especially to the-in-
habtant1 OF that locality in the said
Borough of Danville,
AND WHEREAS, the Danville aud
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 covenanted and agreed with the
said Borough of Danville 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
city, or otherwise Whatsoever, that
may accrue in, or be i'll any wise in
cidental to, the construction of such
extension of Az 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
Danvile, 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
avenue i'll 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 Of the Philadelphia
and Reading Railway Company, to
Walnut street, in the Third Ward of
the said Borough of Danville.
SECTION 3 That the said extern
sion at "a" street shall be made by
the said Danville and Bloomsbury
Street Railway Company at its own
cost and expense, under the direction
and control of the committee of the
said Town Council on Streets and
Bridges in conjunction with the Street
Commissioner of the said Borough of
Danville, and in strict conformity
with such terms, maps, plans and
specifications as shall be provided
therefor by the said Borough OF Dan
vile, and that it will fully complete
the said extension of "a" street with
in the period of ninety days from the
time that this ordinance takes legal
effect.
SECTION A. That in thus making
the said extension of "a" street the
said Danville and Bloomsbury Street
Railway Company shall fully indemn-
ify and save harmless the said Bor-
ough of Danville from the payment of,
or liability for, any and all damages.
Individual, property, or otherwise
whatsoever, THAI may accrue in, or be
in anywise incidental to, the con-
struction and maintenance of the said
extension of GA" street, as well as
from all other claims aud demands
whatsoever that may at any time be
made upon the said Borough of Dan
vile by the said Philadelphia and
Reading Railway Company in the
premises.
SECTION 5. That the said Dan
Vile and Bloomsbury Street Railway
Company, its successors and assigns,
shall, at it's and their own sole cost
and expense, keep such extension of
+" A" street, when thus properly con-
structed, iu proper condition and re-