Source:Ordinance-1879-4/content
(No. 4.)
AN ORDINANCE—Modifying the contract entered into by and between the City of Pittsburgh and the Pennsylvania Railroad Company, dated 31st day of October, 1872.
Section 1. Be it ordained and enacted by the City of Pittsburgh, in Select and Common Councils assembled, and it is hereby ordained and enacted by the authority of the same, That paragraphs five (5) and six (6) of Section 2 on an ordinance entitled "An ordinance to authorize the Mayor, for and on behalf of the City of Pittsburgh, to enter into a contract with the Pennsylvania Railroad Company, whereby the public travel on and across the railroad of said Company, within the limits of said city, and to and from the Union Passenger Station of said Company, may be made more secure by crossing certain streets, above or below the grade of said railroad, and by the removal of certain sidewalks crossing the approach to said station, and whereby increased facilities may be afforded for the receipt and shipment of the railroad traffic of said city" shall be and the same are hereby amended to read as follows:
Paragraph 5. That the said Railroad Company agrees to construct an "iron bridge" as provided for in paragraph "9" with the required "abutments" "retaining" and "wing walls" from the north side of Sassafras alley to the southerly line of said company's property. The said company fruther [sic] agrees to provide the necessary land to dedicate and open a "street" for public use forever as an approach to said bridge, to widen Liberty street on the southerly side thereof, beginning at a point distant 156 feet westwardly from the west side of Twenty-eighth street, and thus making the southerly line of Liberty street as widened 41.43 feet south of the present south line of said street on the west side of Twenty-eighth street, (the location of bridge, said new street or approach, the portion of Liberty street to be widened, and the grade and elevation of said bridge and approach are fully shown on a plan on file in the City Engineer's office, a copy of which is hereto attached).
The said company further agrees to construct the required retaining walls to maintain said approach, and to grade, pave and curb said approach to iron bridge and regrade and repave that portion of Liberty street, between a point 250 feet westwardly from Twenty-eighth street to a point about 150 feet eastwardly from Twenty-eighth street, and Twenty-eighth street from Liberty street to Spring alley (the city to revise the grade of Liberty and Twenty-eighth streets, between the points named, and establish the same by ordinance) The said Company to pay all the damages caused by said change of grade, said damages to be assessed in the same manner as is done in any matter of assessment by a Board of Viewers. The said Company further agrees to construct an iron stairway, five feet in width, from the approach to Liberty street as shown on plan hereto attached, the quality and character of the work to be subject to the approval of the City Engineer.
Paragraph 6. When the said Company shall have performed all the requirements as contained in parapraph [sic] "5", and when the City Engineer shall have notified the Street Committee thereof, and the Street Committee shall have approved the same, the said city shall thereupon vacate Sassafras alley from Twenty-eighth street to the Manor line, Twenty-eighth street, from Liberty street (as widened) and Lumber street from Liberty street to Ferguson street, also Twenty-ninth, Thirtieth and Thirty-first streets from Sassafras alley to Ferguson street, and old and new Ferguson streets, from the westwardly line of Lumber street to Thirty-second street, and the southerly sidewalk of Liberty street from the westerly side of Twenty-eighth street to the crossing of the Allegheny Valley Railroad Company's track. Provided, however, that if the said Pennsylvania Railroad Company shall begin work within thirty (30) days after the passage of this ordinance and prosecute the same to completion in all its details within four months thereafter, then this ordinance shall be considered as null and void.
Sec. 2. That any ordinance or part of ordinance conflicting with the provisions of this ordinance be and the same is hereby repealed, so far as the same affects this ordinance.
Passed May, 26th, 1879.
Approved May 27, 1879.
Ordinance Book 5, page 199.
