Pennsylvania Act 1917-240 — SUBWAYS, SECOND CLASS CITIES

Act text

SUBWAYS, SECOND CLASS CITIES
                  Act of Jul. 5, 1917, P.L. 667, No. 240              Cl. 11
                                  AN ACT

     Granting certain powers to cities of the second class in
        relation to underground tunnels, tubes, and subways,
        including their construction, maintenance, and operation, and
        the leasing thereof, or parts thereof; and providing for the
        ascertaining of the damages by reason of such construction,
        or by reason of the taking, using, or appropriating of land
        necessary and incidental thereto; conferring the power of
        eminent domain in connection therewith; and providing for the
        approval of the contracts provided for herein by the Public
        Service Commission.

        Section 1.  Be it enacted, &c., That cities of the second
     class may construct, and operate and maintain, underground
     tubes, or tunnels or subways, under public highways and public
     property and private property. Such tubes, tunnels, or subways
     may be used for such lawful purposes as shall be designated,
     from time to time, by ordinance.
        The city may provide for entrances and exits to and from any
     such tunnel, tube, or subway; and may grant rights of entrances
     to any part of such tube, tunnel, or subway to individuals,
     copartnerships, corporations, or associations. Entrances and
     exits may be on a public highway, public property, and on
     private property.
        The city may construct and maintain the necessary openings,
     entrances, vaults, and manholes; and may construct, install, and
     maintain tracks, platforms, stations, equipment, and appliances
     therein and connected therewith, as may be useful and necessary
     for the full and complete use thereof by the general public, the
     said city, and the said persons, firms, and corporations using
     or intending to use the same.
        Section 2.  When any such tube, tunnel, or subway, together
     with the equipment and appliances therein, is constructed, they
     may be leased, in whole or in part, to individuals,
     copartnerships, associations, or corporations; and rights
     therein may be so leased. No lease shall be for a term exceeding
     twenty-five years. Said cities shall have the right to renew
     said leases from time to time.
        Section 3.  Such city shall also have power to enter into
     agreements with any individual, copartnership, association, or
     corporation, having any structure or appliance located under,
     on, or above the highways of said city, or intending to
     construct the same, either prior to, during, or subsequent to
     the construction of such tube, tunnel, or subway, for the
     location or relocation of such structures and appliances in such
     tube, tunnel, or subway. All such agreements shall be subject to
     the approval of the Public Service Commission.
        Section 4.  In case any property is damaged by the
     construction of such subway or tunnel, or in case any such city
     desires to enter upon any land to make any investigation, or
     desires to take, use, or appropriate the fee or any lesser
     estate in any lands or properties necessary for the construction
     of such subway or tunnel, and is unable to agree with the owner
     or owners upon the price to be paid therefor, the damages caused
     by such construction shall be ascertained and collected in the
     same manner as is now or may hereafter be provided by law for
     ascertaining and collecting damages to abutting properties,
     caused by the grading or otherwise improving of streets in such
     cities; and the damages caused by such entry or taking, using
     and appropriation, of land, shall be ascertained and collected
     in the same manner as is now or may hereafter be provided by law
     for ascertaining and collecting damages for the taking,
     occupation, or injury of property necessary in the laying out,
     opening, widening, and grading of streets in the municipal
     corporations of this Commonwealth.
        Section 5.  Such city shall have the power, with respect to
     all of the rights and powers hereinbefore conferred, to impose
     such reasonable terms and conditions, including a reasonable
     rental or charge, as may be fixed from time to time by
     ordinance.
        Section 6.  Should any section or provisions of this act be
     held by the courts to be invalid or unconstitutional, the same
     shall not impair the grant or power herein, to cities of the
     second class, to locate, construct, own, and maintain subways or
     tunnels, and their appurtenances, nor shall it be held to affect
     any other section or provision of this act.