Source:Ordinance-1952-48

From Pittsburgh Streets

"An ordinance vacating Resort way from the easterly line of Cherry way to the westerly line of Scrip way, abandoning the City sewer located on Resort way between said terminals, and providing certain terms and conditions." Pittsburgh city ordinance, 1952, no. 48. Passed Feb. 18, 1952; approved Feb. 27, 1952. Ordinance Book 58, p. 34. In Municipal Record: Minutes of the proceedings of the Council of the City of Pittsburgh: For the year 1952, appendix, pp. 29–30, City Printing Company, Pittsburgh (Internet Archive Pghmunicipalrecord1952).

No. 48

AN ORDINANCE—Vacating Resort way from the easterly line of Cherry way to the westerly line of Scrip way, abandoning the City sewer located on Resort way between said terminals, and providing certain terms and conditions.

Whereas, A Petition and affidavit has been filed by the owners of all the property fronting or abutting on Resort way, from the easterly line of Cherry way to the westerly line of Scrip way, in the Office of the City Clerk, praying that the Council of the City of Pittsburgh enact an ordinance for the vacation of said Way between said terminals, and

Whereas, Upon the vacation of said Resort way, between said terminals, the City no longer desires to maintain the existing sewer located on said Way; Now, Therefore,

The Council of the City of Pittsburgh hereby enacts as follows:

Section 1. That Resort way, from the easterly line of Cherry way to the westerly line of Scrip way, shall be and the same is hereby vacated.

Section 2. The existing sewer of the City of Pittsburgh, located on said Resort way between said terminals, is hereby abandoned.

Section 3. The vacation of Resort way, from the easterly line of Cherry way to the westerly line of Scrip way, and the abandonment of the City sewer on Resort way between said terminals, are made upon the following terms and conditions to be accepted by The May Department Stores Company and United States Steel Company, for themselves, their successors and assigns, before said vacation and abandonment shall become effective.

(a) The May Department Stores Company and United States Steel Company, for themselves, their successors and assigns, specifically waive any claims for damages by reason of the abandonment of the said sewer on said vacated Way.

(b) The May Department Stores Company and United States Steel Company, for themselves, their successors and assigns, agree, within sixty days from the passage and final approval of this ordinance, to file with the City Controller an acceptance of the terms and conditions hereof, said acceptance being duly authorized by the Boards of Directors of the said The May Department Stores Company and United States Steel Company, and upon failure to file such acceptance within sixty days from the passage and final approval of this ordinance, the same shall be void and of no effect.

Section 4. 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 February 18, 1952.

Approved February 27, 1952.

Ordinance Book 58, Page 34.