An ordinance providing for the grading, curbing, guttering and paving of Market Street, from the South Borough line to Second Street, in the Borough of Darlington, County of Beaver and State of Pennsylvania and assessing a portion of the cost and expense incident thereto against the owners of property fronting or abutting thereon.
Whereas, the State Highway Department of the Commonwealth of Pennsylvania laws let a contract for the reconstruction and improvement of a portion of Route No. 204 and,
Whereas, a portion of said route extends over and along Market Street, and
Whereas, the State Highway Department of the Commonwealth of Pennsylvania will improve eighteen (18) feet of said Street, and
Whereas, it is the desire of the owners of property fronting or abutting on that portion of said Street to be improved that the same be improved to width of thirty-four (34) feet, and
Whereas, more than two thirds of the owners of property representing more than two thirds of the number of feet of the respective properties fronting or abutting on both sides of Market Street, between the points aforesaid, presented an petition to the Town Council of said Borough, praying that said improvement be made and agreeing to pay two thirds of the cost and expense incident to the additional width of improvement, and
Whereas, the Town Council received said petition, and after due consideration and investigation is willing to grant the prayers thereof, and cause said street to be improved to the width of thirty four (34) feet.
Now, therefore, be it enacted and ordained by the Town Council of the Borough of Darlington and it is hereby enacted and ordained by authority of the same.
Sec. 1. That a strip of land eight (8) feet in width, located on each side of the strip of said Street to be improved by the State Highway Department of the Commonwealth of Pennsylvania, be graded, guttered and curbed, and the same paved with suitable paving material in accordance with and at the same time the eighteen (18) foot strip is to be improved by the State Highway Department as aforesaid.
Sec. 2. All conduits, gas, water or other lines or pipes now existing in said Street shall be laid or placed not less than four (4) feet below the established grade thereof, and in such portion of said Street when said conduits or pipes now exist which do not conform to these requirements, the person, firm on corporation owning using or controlling the same shall within ten days after notice in writing from the Town Council, place the same at the proper depth, and in the location designated in said notice.
Sec. 3. The cost and expense incident to the grading, guttering, curbing and paving of said strip on each side of the strip to be improved by the State Highway Department aforesaid, shall be borne, apportioned and paid as follows:
- The owners of property fronting or abutting on said Street, between the points aforesaid, shall pay two thirds of the entire cost of said additional width, including street intersections, and one-third thereof shall be paid by the Borough in accordance with the provisions of Act of Assembly of the Commonwealth of Pennsylvania approved May 14th 1915 as amended by the Act of July 6th 1917, and the several supplements thereto, and amendments thereof.
Sec.4. All assessments made pursuant to the terms of this ordinance shall be estimated by the Borough engineer or such other engineer as Council may designate, and filed with the Secretary of Council, and the said Secretary of Council shall cause thirty (30) days notice of the assessment to be given to each person assessed. Service of said notice shall be made upon the owner or his agent or left on the assessed premiums, and if the same remains due and unpaid for a period of thirty (30) days after ( expiration of the aforesaid notice, the same shall be certified by the Town Council to the Borough Solicitor to collect the same, with interest from the time of the completion of the improvement, either by him to be filed in the same manner as municipal claims or the same may be collected by an action of assumpsit.
Enacted and ordained into an ordinance by the Town Council of the Borough of Darlington the Second day of May A.D. 1921.
- J. Nicely, President of Council
Attest: Glenn H. Watterson, Secretary of Council Examined and approved by me this 2nd day of May A.D. 1921.
James H. Gaunt, Burgess