Pennsylvania Act 1931-262 — CITY STATE HIGHWAY LAW

Act text

CITY STATE HIGHWAY LAW
                 Act of Jun. 22, 1931, P.L. 720, No. 262              Cl. 36
                                  AN ACT

     Providing for the taking over by the Commonwealth, under certain
        terms, conditions and limitations, of certain streets in
        cities of the second class, second class A, and third class
        as State highways, and for the improvement, construction,
        reconstruction, resurfacing and maintenance by the
        Commonwealth of certain defined widths of said streets;
        imposing duties on such cities and on public utility
        companies using such streets; providing that no assessment
        shall be made upon the Commonwealth in the elimination of any
        grade crossing thereon; authorizing cities, persons,
        associations, or corporations to enter into agreements with
        the Commonwealth to bear a portion of the cost of
        construction or maintenance; providing for the assessment of
        certain portions of the cost of street improvements on
        abutting property owners; regulating the replacement of
        certain facilities of public utility companies; prohibiting
        the opening of said streets after improvement without a
        permit, and providing penalty therefor; regulating the
        maintenance of detours; authorizing the increase of city
        indebtedness in certain cases; and appropriating money in the
        Motor License Fund for the purposes of this act.

        Section 1.  Be it enacted, &c., That the following streets,
     or sections thereof, in cities of the second class, second class
     A, and third class, are hereby adopted by the Commonwealth as
     State highways, to be taken over upon the terms and conditions
     and subject to the limitations hereinafter contained, and
     thereafter to be maintained, constructed, reconstructed and
     resurfaced at the expense of the Commonwealth upon the terms and
     conditions and subject to the limitations hereinafter provided.
        Section 3.  The city streets, or sections thereof,
     hereinbefore described, shall be taken over by the Commonwealth,
     through the Department of Highways, not later than the fifteenth
     day of August, one thousand nine hundred and thirty-one,
     subject, however, to the following exceptions:
        (a)  No city street, or part thereof, described in section
     two of this act, shall be taken over by the Commonwealth if an
     order or decree for the improvement thereof has been issued,
     until there has been full compliance with the terms of such
     order or decree.
        (b)  No city street, or part thereof, described in section
     two of this act, shall be taken over by the Commonwealth if a
     contract for the improvement thereof has been entered into
     between a contractor and the Commonwealth or the city
     authorities, or both, until the contract has been completed.
        (c)  No city street, or part thereof, described in section
     two of this act, shall be taken over if an agreement has been
     entered into between the city authorities and the Commonwealth
     or any other party for the maintenance or construction of such
     street, even though no formal contract has been executed
     pursuant to such agreement and no work has been done, until the
     terms of the agreement have been fulfilled or the agreement has
     been cancelled by the city authorities.
        Section 4.  (4 repealed June 1, 1945, P.L.1242, No.428)
        Section  5.  (5 repealed June 1, 1945, P.L.1242, No.428)
        Section 6.  (6 repealed June 1, 1945, P.L.1242, No.428)
        Section 8.  (8 repealed June 1, 1945, P.L.1242, No.428)
        Section 9.  (9 repealed June 1, 1945, P.L.1242, No.428)
        Section 10.  (10 repealed June 1, 1945, P.L.1242, No.428)
        Section 11.  (11 repealed June 1, 1945, P.L.1242, No.428)
        Section 12.  (12 repealed June 1, 1945, P.L.1242, No.428)
        Section 13.  (13 repealed June 1, 1945, P.L.1242, No.428)
        Section 14.  It is the intention of the General Assembly
     that, if this act cannot take effect in its entirety because of
     the judgment of any court of competent jurisdiction holding
     unconstitutional any part or parts thereof, the remaining
     provisions of the act shall be given full force and effect as
     completely as though the part or parts held unconstitutional had
     not been included herein.