Ordinance 109: Grading, Curbing, Guttering and Paving of Second St.

An ordinance providing for the grading, curbing, guttering and paving of Second Street from its intersection with Market Street to the western Borough line, in the Borough of Darlington, County of Beaver State of Pennsylvania, and assessing a portion of the cost and expense incident thereto against the owners of property fronting and abutting thereon.

Whereas, the State Highway Department of the Commonwealth of Pennsylvania has let a contract for the construction and improvement of a portion of Route 204, and

Whereas, a portion of said route extend over and along Second Street, and

Whereas, the State Highway Department of the Commonwealth of the State 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 the width of twenty-eight (28) 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 of both sides

of Second Street, between the points aforesaid presented a 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 prayer thereof, and cause said Street to be improved to the width of twenty-eight (28) 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 five (5) 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 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 where said conduits or pipes now exist which do not conform to these requirements, the person, firm or corporation 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 improved by the State Highway Department as a foresaid, shall be borne, apportioned as follows:

  1. 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 intersection, and one-third thereof shall be paid by the Borough, in accordance with the provisions of An 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 such notice shall be made upon the owner or his agent or left on the assessed premises, 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 lien 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.

  1. J. Nicely, President of Council

Attest:     Glenn H. Watterson, Secretary of Council

Examined and approved by me this Second day of May, 1921.

James H. Gaunt, Burgess

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