Source:Ordinance-1861-prr-liberty/content

An Ordinance

To enable the Pennsylvania Railroad Company to remove its tracks from a portion of Liberty street in the city of Pittsburgh.

Whereas, The occupation of that portion of Liberty street, in the city of Pittsburgh, extending from Grant street eastwardly to the line between the Fifth and Ninth wards of said city, by the Pennsylvania railroad company, for its tracks and roadway, renders the use thereof for other and ordinary purposes of travel exceedingly dangerous and inconvenient, and

Whereas, Penn street and Liberty street constitute the best and most practical outlet eastward from the said city, it is deemed imperatively necessary to again secure the free and unobstructed use of that portion of Liberty street so occupied by said railroad company, and

Whereas, The Pennsylvania railroad company is willing to purchase the premises and lots of land situate on the south side of Liberty street and Quarry street from the line between the Fifth and Ninth wards aforesaid, to Washington street, whereon its tracks can be laid and business transacted, thereby enabling said company to restore to the city that portion of Liberty street now occupied by it. Therefore,

Section 1. Be it ordained and enacted, &c., That in pursuance of the power delegated to them by an act of the General Assembly of the commonwealth of Pennsylvania, approved the fifth day of April, A. D. 1860, they do hereby vacate and surrender to the Pennsylvania railroad company the following streets, alleys, passage ways and footway in the city of Pittsburgh running through and adjoining the premises and lots of land intended to be purchased and occupied as aforesaid by the said railroad company as follows, to wit:

All those portions of O'Hara, Factory, Adams, Walnut, Mechanics and Harrison streets lying on the south side of the present south curb line of Liberty street.

Also, all that portion of Elm street lying on the south side of the present south curb line of Liberty street to its point of intersection with Faber street.

Also, all that portion of Quarry street from the point of intersection with Elm street eastwardly to the line between the Fifth and Ninth wards aforesaid.

Also, all that footway or pavement, twelve feet wide, lying on the south side of Liberty street, and extending from the east line of Washington street to the line between the Fifth and Ninth Wards aforesaid.

Also, all public alleys and passage ways located or being in or upon the squares or blocks bounded by the streets and footways hereby intended to be vacated and surrendered.

Provided nevertheless, That no street, alley, passage way or footway, or portions thereof herein mentioned, shall be closed or obstructed until said railroad company has obtained possession of the property or lots of ground respectively fronting or abutting thereon.

Sec. 2. That in consideration of the vacation and surrenders as aforesaid, the said Pennsylvania railroad company shall and will immediately upon the passage of this ordinance proceed to obtain in legal and prompt manner possession of the premises and lots of ground fronting or abutting on the said streets, alleys, passage ways and footway, as specified and included in the preceding section, and shall and will continue diligently to obtain, as aforesaid, the possession of the same, and shall and will so soon as the possession of the lots fronting on the streets and alleys hereby vacated is secured, remove its rails and tracks from Liberty street, between Grant street and Outer depot, repave and repair said street at the cost of said company and under the direction of the street committee and recording regulator or other proper officer of said city.

Provided nevertheless, That whenever the lots of ground and premises to be acquired, as aforesaid, by the said railroad company, shall after such acquisition by it cease to be used, owned and occupied by it for railroad purposes, that then the streets, alleys, passage ways and footway thereby vacated and surrendered, shall again revert to the city of Pittsburgh.

Sec. 3. That the right is hereby reserved to the city of Pittsburgh by its proper officers, agents and employees to enter in and upon that portion of O'Hara street authorized to be vacated, for the purpose of repairing, improving, removing or otherwise adjusting the water pipes underlying said street, and at all times to have free access thereto for that purpose, and the said Pennsylvania railroad company shall, under the direction of and to the satisfaction of the superintendent of the water works, construct and keep in perpetual repair, good condition and free from water, an arched tunnel of hard brick or stone not less than five feet in width and seven feet in height in the clear, as and for a covering and protection for the city water pipes, with means of convenient access secured with plates of proper strength and approved pattern.

Sec. 4. That all loading and unloading to and from the cars of said railroad company shall be done within the lines of the property vacated and surrendered, and said company shall within six months after obtaining possession of said property, cause to be erected at its own expense, a substantial wall of brick or stone, not less than eight feet in height from the level of Liberty street, and extending along said street within the limits above described.

Sec. 5. That before this ordinance shall go into effect, the Pennsylvania railroad company shall file with the city controller a properly authenticated copy of a resolution of the board of directors accepting all the terms and conditions thereof.

Ordained and enacted into a law in councils, this 12th day of December, A. D. 1861.

Recorded January 11th, A. D. 1861 [sic], in Ordinance Book, vol. 2. p. 188.