Pennsylvania Act 1913-336 — FIRST CLASS CITIES, PERMITTED TO OPERATE TRANSIT FACILITIES

Act text

FIRST CLASS CITIES, PERMITTED TO OPERATE TRANSIT FACILITIES
                 Act of Jun. 17, 1913, P.L. 520, No. 336              Cl. 11
                                  AN ACT

     Empowering cities of the first class to purchase, lease, locate,
        construct, and equip, or otherwise acquire, transit
        facilities, and to own, maintain, use, and operate the same
        within their corporate limits, and within the limits of
        adjacent cities, boroughs, and townships; to exercise the
        right of eminent domain in connection therewith, and
        prescribing the manner of ascertaining the damages sustained
        in connection with such exercise; to sell, pledge, or lease
        transit facilities; to grant licenses for the use of the
        same; to enter into agreements for the construction and
        operation of the same; to connect the tracks of railways with
        the tracks of railroad or railway companies, and under
        certain conditions to use portions of the tracks of the
        latter; and empowering railroad, railway, and motor power
        companies to sell, purchase, and lease transit facilities to
        and from said cities, and to contract with said cities
        respecting the acquisition, construction, operation, and use
        of transit facilities.

        Section 1.  "transit facilities" defined
        The words "transit facilities," as used in this act, shall be
     taken to mean and to include railways, and extensions thereof,
     for the transportation of persons and property over, under,
     upon, through, and across any streets, highways, avenues,
     bridges, viaducts, rivers, waters, and public and private lands;
     or partly over, under, upon, through, and across all or any of
     the same. They shall also be taken to mean and to include
     tunnels, subways, bridges, elevated structures, tracks, poles,
     wires, conduits, power-houses, sub-stations, lines for the
     transmission of power, car-barns, shops, yards, sidings, turn-
     outs, switches, stations, and approaches thereto, cars and
     motive equipment; and all works, buildings, appliances, and
     appurtenances necessary and convenient for the proper
     construction, equipment, maintenance, and operation of such
     transit facilities, or any one or more of them. 1913, June 17,
     P.L. 520, Sec. 1.
        Section 2.  Right to purchase, construct and lease, and to
     operate transit facilities; exercise of right in adjacent
     municipalities
        It shall be lawful for, and the right is hereby conferred
     upon, cities of the first class of this Commonwealth to
     purchase, lease, locate, construct, and equip, or otherwise
     acquire, transit facilities, or any one of them; and to own,
     maintain, use, and operate the same within their respective
     corporate limits, and within the limits of adjacent cities,
     boroughs, and townships: Provided, Such right shall only be
     exercised by any of said cities, within the limits of adjacent
     cities, boroughs, and townships, subject to the consent and
     approval of the proper authorities of such adjacent cities,
     boroughs, and townships, lawfully empowered to regulate, or to
     consent to the construction, maintenance, and operation of, such
     transit facilities therein: And provided further, That such
     right shall not be exercised within the limits of any public
     park or parks, without the consent and approval of the
     authorities vested with the power to regulate the use of said
     park or parks.  1913, June 17, P.L. 520, Sec. 2.
        Section 3.  Sale, lease, pledge, etc; of transit facilities;
     contracts for construction and operation
        It shall be lawful for, and the right is hereby conferred
     upon, cities of the first class of this Commonwealth to sell,
     pledge, or lease transit facilities, or any one or more of them,
     and to grant licenses for the use of transit facilities, or any
     one or more of them, or any part thereof, to any corporation or
     corporations duly authorized and empowered under the laws of
     this commonwealth to use or operate the same; also to enter into
     agreements for the construction or operation, or for both the
     construction and operation, of such transit facilities, or any
     one or more of them, by any such corporation or corporations,
     upon such terms and conditions, including the prescribing and
     fixing of rates for transportation, as the councils of such
     cities shall determine: provided, no such lease, license, or
     operating agreement shall be for any period longer than fifty
     (50) years: Providing further, That no such agreement for the
     construction of such transit facilities, or any one or more of
     them, or any part thereof, shall be made or entered into, unless
     the same provides that work on such construction shall begin
     within eighteen months from the date of said agreement, and be
     completed within a fixed time designated in said agreement:
     Providing further, That no agreement for the leasing, licensing,
     using, or operating transit facilities or any one or more of
     them, or any part thereof, to any individual, copartnership or
     corporation, shall be made or entered into, unless said
     agreement provides that the actual use or operation of such
     transit facilities, or any one or more of them, or any part
     thereof, shall begin within a definite, fixed, and reasonable
     time.  1913, June 17, P.L. 520, Sec. 3.
        Section 4.  Connection with tracks of railway company; use of
     portion of tracks; compensation
        It shall be lawful for, and the right is hereby conferred
     upon, cities of the first class of this Commonwealth, their
     assigns, lessees, and licensees, to connect the tracks or
     railways, acquired, constructed, owned, or operated under the
     rights conferred by this act, with the tracks of any railroad or
     railway company, upon such terms and conditions as may be agreed
     upon; and to contract with such company for the use of its
     tracks or for the interchange of cars, whether passenger or
     freight, for continuous movement over any such connecting
     tracks, upon such terms and conditions as the councils of such
     cities shall determine. Such cities, their assigns, lessees, and
     licensees, may use such portions of the tracks of any street
     passenger railway company, surface, elevated or underground, or
     motor power company, as may be required, either to complete a
     circuit upon any railway constructed, owned or operated under
     the rights conferred by this act, or to connect any such railway
     with another railway, upon such terms and conditions as the
     councils of such cities shall determine: Provided, Compensation
     for such use shall have been paid or secured. 1913, June 17,
     P.L. 520, Sec. 4.
        Section 5.  Street railway company authorized to sell to or
     lease from city; railroad company authorized to contract for
     track connections
        Any street passenger railway company, surface, elevated or
     underground, or motor power company, incorporated under the laws
     of this Commonwealth, and authorized to own, maintain or operate
     transit facilities, or any of them, or any part thereof, in any
     city of the first class of this Commonwealth, or within the
     limits of any city, borough, or township adjacent thereto, is
     hereby authorized and empowered to sell or lease transit
     facilities, or any of them, or any part thereof, to such city;
     to purchase or lease transit facilities, or any of them, or any
     part thereof, from such city; to accept licenses from such city
     for the use of transit facilities, or any of them, or any part
     thereof; to enter into agreements with such city for the
     connection of tracks and the interchange of cars, and agreements
     for the construction or operation, or for both the construction
     and operation, of transit facilities, or any of them, or any
     part thereof, by said company, upon such terms and conditions as
     the councils of such cities shall determine. Any railroad
     company, incorporated under the laws of this Commonwealth, is
     hereby authorized and empowered to enter into agreements and
     accept licenses from such city, for the use by said company of
     the transit facilities of such city, or any of them, or any part
     thereof, and for the connection of tracks and the interchange of
     cars, upon such terms and conditions as the councils of such
     cities shall determine.  1913, june 17, p.l. 520, Sec. 5.
        Section 6.  Condemnation of property necessary for location,
     construction, operation, etc; authorized
        It shall be lawful for, and the right is hereby conferred
     upon, cities of the first class of this Commonwealth to
     purchase, acquire, enter upon, take, appropriate, occupy, and
     use such lands, rights, and interests therein, property and
     franchises, within their respective corporate limits, and within
     the corporate limits of adjacent cities, boroughs, and
     townships, as shall be necessary for the acquisition, location,
     construction, maintenance, use, and operation of transit
     facilities, or any one or more of them, under the rights
     conferred by this act, including such lands and rights, and
     interests therein, as shall be necessary for future additions to
     and enlargements of such transit facilities, or of any one or
     more of them; also such lands and rights and interests therein
     as shall be necessary for the relocation of any track or tracks
     of existing railroads or railways, or of any pipes, sewers,
     subways, underground conduits, or ways, necessary to be removed
     and relocated in order not to interfere with the location,
     construction, maintenance, use, or operation of such transit
     facilities, or any one or more of them; and including, also,
     such lands and rights, and interests therein, as shall be
     necessary for the purpose of disposing of earth, stone, and
     other material excavated in the construction of such transit
     facilities, or any one or more of them: Provided, however, That
     the right hereby conferred shall not be taken as authorizing the
     taking or appropriating of any railroad or railway in operation
     in said cities.  1913, June 17, P.L. 520, Sec. 6.
        Section 7.  Bond to secure damages; rejection by claimant;
     filing in court; hearing; right to possession
        In cases where the city and the owner or owners of lands,
     rights, and interests therein, property or franchises, to be
     taken under the powers conferred by this act, cannot agree as to
     the price or damages to be paid; or where, by reason of the
     absence or legal incapacity of such owner or owners, or where
     the owner or owners are unknown, no agreement as to the price or
     the damages sustained can be agreed upon; the said city may
     tender its bond, in such penal sum as it may deem proper, to the
     party claiming or entitled to said moneys or damages, or to the
     agent of any person absent, or to the guardian or committee of
     any one under legal incapacity, the condition of which shall be
     that the said city will pay or cause to be paid such amount of
     damages as the party shall be entitled to receive, after the
     same shall have been agreed upon by the parties or assessed in
     the manner provided by this act: provided, however, that in case
     the party claiming damages refuses to, or does not, accept said
     bond as tendered, the said city shall then give said party a
     written notice, at least five days beforehand, of a time when
     the same will be presented for filing in court; and thereafter
     said city may present said bond to the proper court of common
     pleas, or to any law judge thereof in vacation, and, if the said
     bond is approved, it shall be filed in said court for the use of
     those interested. In case the title to the lands, rights, or
     interests therein, property or franchises, to be taken as
     aforesaid, is defective, disputed or doubtful; or the party
     owning or interested in the same is absent, unknown, not of full
     age, of unsound mind, or from any cause cannot be bargained with
     or served with notice, or have a bond tendered to him, her, or
     them within the county where said lands, rights, or interests
     therein, property or franchises, are taken; the court of common
     pleas of the proper county, or any law judge thereof in
     vacation, upon petition of the said city, setting forth the
     necessary facts, shall direct the filing of a bond to the
     Commonwealth of Pennsylvania, in an amount to be fixed and
     approved by the court, or a law judge in vacation, for the use
     of those who may be found entitled to the damages for said
     taking and appropriation; the condition whereof shall be the
     same as is herein above provided in bonds to be tendered owners
     when known. Upon the filing and approval of any bond provided
     for by this section, the respective city shall have the right to
     enter upon, take, use, occupy, and appropriate the lands,
     rights, or interests therein, property or franchises, mentioned
     in the bond aforesaid, and the title acquired by virtue of the
     provisions of this act shall be the fee simple or absolute
     title. 1913, June 17, P.L. 520, Sec. 7.
        Section 9.  Oath of viewers; hearing; report; notice of
     filing report
        The said viewers, having been duly sworn or affirmed
     faithfully, justly and impartially to decide and a true report
     to make concerning the matter to be submitted to them, in
     relation to which they are authorized to inquire in pursuance of
     the provisions of this act, shall hear the parties interested
     and their witnesses; and shall estimate and determine the value
     of the lands, rights, or interests therein, property or
     franchises, taken and appropriated, and any damages that may
     have been sustained by reason of said taking and appropriation,
     and to whom the same is payable; and having so estimated and
     determined the value of the property, and damages sustained,
     they shall make up their report, which shall be signed by them,
     or any two of them, and thereupon filed in the court of common
     pleas from which the order to view issued. Upon the filing of
     said report, the said viewers shall give notice thereof by one
     publication in at least two newspapers, printed and published in
     the proper city or county, and in additional papers if so
     directed by the court. 1913, June 17, P.L. 520, Sec. 9.
        Section 11.  Sale of property acquired under act authorized
        It shall be lawful for, and the right is hereby conferred
     upon, cities of the first class of this Commonwealth to sell any
     of the lands, rights, and interests therein, property and
     franchises, acquired and owned under the rights conferred by
     this act, or any one or more of them, or any part thereof, if
     and when the same shall have become unnecessary for their
     purposes, upon such terms and conditions as the councils of such
     cities shall determine.  1913, June 17, P.L. 520, Sec. 11.