Montour American. (Danville, Pa.) 1866-1920, 1904-11-03

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 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 9th
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-
ceedings 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 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, 1t thus clearly
appears that majority in interest and
number of owners of property abut-
ting on 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 Cousid-
GRAFTON of certain privileges and fran
chises to It 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
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 II is hereby ordain-
ed and enacted by the authority Of the
same:
SECTION l. That all that certain
part or portion Of Cross 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
constr ucted in lieu thereof a. is IN the
next Section of this ordinance more
specifically provided,
SECTION ?. That said a" street.
III the Fourth Ward of the saId Bor-
ough of Danville, be extended from
It's intersection with Colombia and
Nicholas avenues in a southwardly "
direction, under, aud at right angles
with, the tracks Of the Philadelphia
and Reading Railway Company, 70
Walnut street, in the Third Ward of
the said Borough of Danville
SECTION 3. That the said exten
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 a. 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 4. That III 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, that may accrue i'll, or be
in anywise incidental TO, the con
struction and maintenance of the said
extension of "A" street, as well as