Pennsylvania Act 1911-158 — HIGHWAYS, CONSTRUCTION

Act text

HIGHWAYS, CONSTRUCTION
                  Act of May 11, 1911, P.L. 244, No. 158              Cl. 53
                                  AN ACT

     Providing for the original location, laying out and construction
        of public roads or highways in the several counties of this
        Commonwealth, and for the permanent improvement of certain
        public roads or highways therein; making such originally
        constructed or improved roads and highways county roads;
        authorizing the relocation, opening, straightening, widening,
        extension and alteration of the same, and the vacation of so
        much of any road as may thereby become unnecessary; providing
        that the county commissioners of any county may prescribe
        rules regulating the use of roads constructed or maintained
        by the various counties, and prescribing penalties for the
        violation thereof; providing for the taking of property for
        such improvement, the compensation to be paid therefor, and
        the payment of damages resulting from such taking, and the
        manner in which such damages may be determined; providing for
        the payment of the costs and expenses of such construction or
        improvement and in thereafter repairing and maintaining said
        roads; authorizing the levy of a tax or the issuing of bonds
        to provide a fund for the expense thereof; prescribing a
        method for improving a county road lying within or traversing
        a borough, and apportioning the cost of such improvement; and
        authorizing the vacation of any county road.

        Section 1.  (1 repealed May 2, 1929, P.L.1278, No.447)
        Section 2.  (2 repealed May 2, 1929, P.L.1278, No.447)
        Section 3.  (3 repealed May 2, 1929, P.L.1278, No.447)
        Section 4.  (4 repealed May 2, 1929, P.L.1278, No.447)
        Section 5.  (5 repealed May 2, 1929, P.L.1278, No.447)
        Section 6.  (6 repealed May 2, 1929, P.L.1278, No.447)
        Section 7.  (7 repealed May 2, 1929, P.L.1278, No.447)
        Section 8.  (8 repealed May 2, 1929, P.L.1278, No.447)
        Section 9.  (9 repealed May 2, 1929, P.L.1278, No.447)
        Section 10.  (10 repealed May 2, 1929, P.L.1278, No.447)
        Section 11.  (11 repealed May 2, 1929, P.L.1278, No.447)
        Section 12.  (12 repealed May 2, 1929, P.L.1278, No.447)
        Section 13.  (13 repealed May 2, 1929, P.L.1278, No.447)
        Section 14.  (14 repealed May 2, 1929, P.L.1278, No.447)
        Section 15.  (15 repealed May 2, 1929, P.L.1278, No.447)
        Section 16.  (16 repealed May 2, 1929, P.L.1278, No.447)
        Section 17.  (17 repealed May 2, 1929, P.L.1278, No.447)
        Section 18.  When a municipality intervenes between two ends
     of a county highway, and the municipality has failed to properly
     improve the municipal streets or highways constituting the
     shortest and most reasonable route through said municipality,
     which will connect the two ends of such highway, it shall be
     lawful for the councils of such municipality to authorize, by
     ordinance, that the proper corporate authorities of the
     municipality contract, in the manner herein provided, with the
     county commissioners, that the shortest and most reasonable
     route through said municipality connecting the two ends of such
     highway be improved.
        Or, when a county highway terminates at the corporate limits
     of a municipality in the same or in another county, and connects
     with a municipal street or alley which the municipality has
     failed to properly improve, and the county commissioners of the
     county in which the municipality is located deem the improvement
     of such municipal street or alley necessary, in order to make
     such county highway easily accessible to the residents of the
     municipality or to the traveling public, it shall be lawful for
     the councils of such municipality to authorize, by ordinance,
     that the proper corporate officials of the municipality contract
     with the county commissioners, in the manner herein provided,
     that such municipal street or alley, or any part thereof, be
     improved; and also that there be improved, when necessary, any
     part or parts of the streets connected therewith which connect
     the said county highway with the business district or districts
     of said municipality, or with a system of improved streets
     therein, or which connect the said highway with another county
     highway terminating at the limits of said municipality. If
     several municipalities are contiguous to each other, and at the
     corporate limits of any one of them a county highway terminates,
     and one or more of such municipalities have failed to properly
     improve any municipal street or alley therein, and the county
     commissioners deem the improvement of such street or alley
     necessary, in order to make such highway easily accessible to
     the residents of the municipality or to the traveling public, it
     shall be lawful for the councils of such municipality or
     municipalities to authorize the proper corporate authorities to
     enter into a similar contract with the county commissioners. The
     county commissioners shall have the power to improve said
     streets or alleys as herein provided, and said powers herein
     given shall also include the right to widen, repave, or
     otherwise improve said municipal streets and alleys, whenever
     the same is necessary to accomplish the purpose herein
     conferred. Whenever an improvement is made to a municipal street
     or alley pursuant to this section, it shall be lawful for the
     county to pay the total cost of such improvement, or the cost
     may be divided between the municipality and county. The
     municipal ordinance authorizing the improvement shall stipulate
     what percentage of the cost, if any, shall be borne by the
     municipality, and what percentage of the cost shall be borne by
     the county. The contract for any such improvement may be taken
     by the county, upon the stipulation by the municipality to pay
     its proportionate share of the cost, if any, upon the completion
     of the work; or it may be taken by the municipality, upon a like
     stipulation of the county; or the improvement may be made by
     joint contract. When municipal streets or alleys are widened or
     improved by the county, in the manner herein provided, and
     special benefits result therefrom to abutting property, the
     municipality shall collect such benefits in the manner now
     provided by law, and shall apply the amount thereof to its
     share, if any, of the cost of such improvement.
        Before any municipal street or alley is improved under this
     section, the county commissioners and the proper corporate
     authorities of such municipality shall agree upon the
     maintenance of such municipal street or alley. Such agreement
     may provide that such municipal street or alley shall be kept
     and maintained in good repair by the municipality, in which case
     upon the completion of said road all further liability and
     responsibility of the county shall cease and determine, or it
     may provide that it shall be kept and maintained in good repair
     by the county, and the share of the municipality shall be paid
     annually to the county.
        The proper corporate authorities of such municipality shall
     have the right to issue permits determining the manner in which
     public service corporations or individuals shall place, on or
     under or over such municipal streets or alleys, railway tracks,
     pipes, conduits, telegraph lines, or other devices used in the
     furtherance of business; and nothing herein contained should be
     construed to in any way affect or impair the rights, powers, and
     privileges of the municipality in, on, under, over, or through
     the public streets or alleys of such municipalities, except as
     herein provided.
        (18 amended Apr. 14, 1915, P.L.116, No.53)
        Compiler's Note:  Section 302(d) of Act 177 of 1988 provided
            that the last paragraph of section 18 is repealed insofar
            as it is inconsistent with Act 177.
        Compiler's Note:  Section 1204(d)(2)of Act 106 of 1933
            provided that the last paragraph of section 18 is
            repealed insofar as it is inconsistent with section 322
            of Act 106.
        Compiler's Note:  Section 1501 of Act 447 of 1929 provided
            that section 18 is repealed insofar as it confers any
            powers or imposes any duties on counties other than
            counties of the first class.
        Compiler's Note:  Section 1301(d) of Act 192 of 1915 provided
            that section 18 is repealed insofar as it confers powers
            or imposes any duties on boroughs.
        Section 19.  (19 repealed May 2, 1929, P.L.1278, No.447)
        Section 20.  Upon petition of the county commissioners of any
     county, the several courts of quarter sessions of this
     Commonwealth shall have power, within their respective counties,
     to vacate as a county road any portion or portions of any
     abandoned or condemned turnpike road, or any portion or portions
     of any turnpike road purchased by the county, or of any road the
     permanent location or improvement whereof has been ordered or
     made under this or former acts relating to county roads, and all
     portions of such roads so vacated shall become and be township
     roads. Written notice of the contents of said petition and the
     time when the same will be presented to the court shall be given
     by the county commissioners to the supervisors of the township
     or townships through which said road passes at least ten days
     before the date of presenting the same. At the time said
     petition is presented, the court may fix a time for a hearing in
     open court, or refer the matter to an examiner to take testimony
     and report his findings to the court at such time as the court
     shall direct. At any hearing in open court or before an examiner
     appointed by the court, all parties in interest may appear and
     be heard. After the hearing in open court or before an examiner
     as aforesaid, the court, if it shall find that the conditions
     prescribed by this act have been complied with, may grant the
     prayer of the petitioners, and make a decree accordingly or make
     such order in the premises as to right and justice shall
     appertain.
        (20 amended May 11, 1921, P.L.477, No.224)

        Compiler's Note:  Section 1501 of Act 447 of 1929 provided
            that section 20 is repealed insofar as it confers any
            powers or imposes any duties on townships.