Pennsylvania Act 1937-153 — HIGHWAYS, CREATION

Act text

HIGHWAYS, CREATION
                  Act of May 7, 1937, P.L. 589, No. 153               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 first class as State highways, and for the
        improvement, construction, reconstruction, resurfacing, and
        maintenance by the Commonwealth of said streets; providing
        for the taking, opening, relocation, widening or change of
        grade of such State highways by the Commonwealth at the
        expense of the Commonwealth and any such city, or either of
        them, and authorizing agreements between cities and the
        Commonwealth for the opening, taking, relocating, widening or
        change of grade of said streets, and designating the city as
        agent of the Commonwealth in such opening, taking,
        relocating, widening or change of grade and the determination
        of damages to private property arising therefrom; imposing
        duties on such cities and on public utility companies using
        such streets; authorizing cities, persons, associations, or
        corporations to enter into agreements with the Commonwealth
        to bear a portion of the cost of construction; regulating the
        replacement of certain facilities of public utility
        companies; prohibiting the making of any opening in said
        street 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. (Title amended July 10, 1941,
        P.L.345, No.141)
        Section 1.  Be it enacted, &c., That the following streets,
     or sections thereof, in cities of the first 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 2.  The city streets to be taken over, under the
     provisions of this act, in the cities hereinafter named, shall
     be designated by numbers, to be hereafter assigned by the
     Secretary of Highways, and are situate and described as follows:
        In the City of Philadelphia--
        (1)  Beginning at the intersection of Thirty-ninth Street
     with Spring Garden Street, thence easterly over Spring Garden
     Street to an intersection with Thirty-first Street, thence
     northerly over Thirty-first Street to an intersection with
     Haverford Avenue, thence westerly over Haverford Avenue to an
     intersection with Lancaster Avenue; beginning again at the
     intersection of Thirty-first Street and Spring Garden Street,
     thence easterly over Spring Garden Street to an intersection
     with the Parkway, thence southeasterly over the Parkway to City
     Hall; beginning again at the intersection of Ridge Avenue and
     Race Street, thence easterly over Race Street to the Delaware
     River Bridge approach, beginning again at the intersection of
     the Delaware River Bridge approach and Vine Street, thence
     westerly over Vine Street to an intersection with the proposed
     route along the west bank of the Schuylkill River, a distance of
     about 4.99 miles.
        (2)  Beginning at the intersection of Sixth Street with
     Chestnut Street, thence easterly over Chestnut Street to an
     intersection with Fifth Street, thence northerly over Fifth
     Street to an intersection with Spring Garden Street, beginning
     again at the intersection of Spring Garden Street and Sixth
     Street, thence southerly over Sixth Street to an intersection
     with Chestnut Street, a distance of about 1.78 miles.
        (3)  ((3) repealed Sept. 18, 1961, P.L.1389, No.615)
        (4)  Beginning at a point on the Philadelphia City-Bucks
     County line on Roosevelt Boulevard, thence over the Roosevelt
     Boulevard to an intersection with Hunting Park Avenue, thence
     over the Roosevelt Boulevard extended in a southwesterly
     direction to an intersection with a proposed route along the
     west bank of the Schuylkill River; beginning again at the
     intersection of Allegheny Avenue with Ridge Avenue, thence over
     Ridge Avenue and Park Drive to an intersection with City Avenue,
     thence southwesterly over City Avenue to the Philadelphia City-
     Delaware County line at Cobb's Creek, a distance of about 23.51
     miles.
        (5)  Beginning at a point on the Philadelphia City-Montgomery
     County line on Lancaster Avenue, thence southeasterly over
     Lancaster Avenue to an intersection with Spring Garden Street
     near Thirty-ninth Street, a distance of about 3.50 miles.
        (6)  Beginning at the intersection of Thirty-ninth Street and
     Lancaster Avenue, thence southeasterly over Lancaster Avenue to
     an intersection with Saunders Avenue, thence southerly on
     Saunders Avenue, Filbert Street and Thirty-ninth Street to the
     intersection of Thirty-ninth Street and Baltimore Avenue, thence
     southeasterly on University Avenue to an intersection with
     Thirty-fourth Street, thence southerly over Thirty-fourth Street
     to an intersection with Vare Avenue, thence southeasterly over
     Vare Avenue to an intersection with Passyunk Avenue and Twenty-
     sixth Street, thence southerly over Twenty-sixth Street to an
     intersection with Penrose Avenue, a distance of about 3.95
     miles. ((6) amended May 10, 1956, 1955 P.L.1554, No.516)
        (7)  Beginning at a point on the Philadelphia City-Montgomery
     County line on Old York Road, thence southerly over Old York
     Road to an intersection with North Broad Street, thence
     southerly over North Broad Street to an intersection with
     Stenton Avenue, a distance of about 1.05 miles.
        (8)  Beginning at the intersection of Ogontz Avenue with
     Stenton Avenue, thence southeasterly on Stenton Avenue to the
     intersection of Stenton Avenue and North Broad Street, a
     distance of about 0.48 miles. ((8) amended May 29, 1956, 1955
     P.L.1871, No.622)
        (9)  Beginning at a point on the Philadelphia City-Bucks
     County line on Frankford Avenue, thence southwesterly on
     Frankford Avenue to an intersection with Levick Street, thence
     northwesterly on Levick Street to the intersection of Levick
     Street and the Roosevelt Boulevard, a distance of about 6.00
     miles.
        (10)  Beginning at the intersection of Frankford Avenue and
     Levick Street, thence southeasterly over Levick Street to the
     approach to the Tacony-Palmyra Bridge, a distance of about 0.90
     miles.
        (11)  Beginning at an intersection of South 80th Street with
     Penrose Ferry Road, thence northeasterly on Penrose Avenue to an
     intersection with Moyamensing Avenue, thence over Moyamensing
     Avenue to an intersection with South Broad Street, a distance of
     about 3.50 miles.
        (12)  Beginning at the intersection of Bethlehem Pike with
     Germantown Avenue, thence southeasterly over Germantown Avenue
     to an intersection with Mt. Pleasant Avenue; beginning again at
     the intersection of Rising Sun Avenue and Adams Avenue, thence
     over Adams Avenue to an intersection with the Roosevelt
     Boulevard, a distance of about 2.46 miles.
        (13)  Beginning at a point on the Philadelphia City-
     Montgomery County line on Bethlehem Pike, thence southeasterly
     on the Bethlehem Pike to an intersection with the Germantown
     Avenue; beginning again at an intersection of Germantown Avenue
     and Allen's Lane, thence southerly over Allen's Lane to an
     intersection with Lincoln Drive, thence southerly on Lincoln
     Drive to an intersection with Cliveden Street, thence southerly
     on Cliveden Street to an intersection with Park Line, thence
     over Park Line to an intersection with Walnut Lane, thence over
     Walnut Lane to an intersection with Ridge Avenue, thence
     southerly on Ridge Avenue to the intersection of Park Drive and
     Ridge Avenue; beginning again at the intersection of Allegheny
     Avenue and Ridge Avenue, thence southerly on Ridge Avenue to an
     intersection with Twenty-ninth Street, thence southerly on
     Twenty-ninth Street to an intersection with Girard Avenue,
     thence easterly on Girard Avenue to an intersection with West
     College Avenue, thence southerly on West College Avenue to an
     intersection with Twenty-fifth Street, thence southerly on
     Twenty-fifth Street to an intersection with Pennsylvania Avenue,
     thence southeasterly on Pennsylvania Avenue to an intersection
     with Spring Garden Street, thence over Spring Garden Street to
     the intersection of Spring Garden Street and Delaware Avenue;
     beginning again at the intersection of Pennsylvania Avenue and
     Twenty-fifth Street, thence northwesterly on Pennsylvania Avenue
     to the intersection of Twenty-sixth Street, thence northerly
     over Twenty-sixth Street to the intersection of Twenty-sixth
     Street and Girard Avenue, a distance of about 10.95 miles.
        (14)  Beginning at a point at the intersection of Roosevelt
     Boulevard and Harbison Avenue, thence southwesterly on Harbison
     Avenue to Aramingo Avenue, thence southwesterly on Aramingo
     Avenue to Norris Street, thence southeasterly on Norris Street
     to Dyott Street, thence southeasterly on Dyott Street to
     Delaware Avenue, thence southwesterly on Delaware Avenue to
     Swanson Street, thence southerly on Delaware Avenue to Oregon
     Avenue, thence southwesterly on Oregon Avenue to an intersection
     with Moyamensing Avenue, a distance of 12.8 miles. ((14) amended
     May 10, 1956, 1955 P.L.1554, No.516)
        (15)  Beginning at a point at the intersection of Tacony
     Street and Aramingo Avenue, thence northeasterly along Tacony
     Street and State Road to an intersection with Levick Street, a
     distance of about 1.3 miles.
        (16)  Beginning at a point on Philadelphia City-Montgomery
     County line at the intersection with the Bethlehem Pike, thence
     easterly on Stenton Avenue to an intersection with Stenton
     Avenue and Ogontz Avenue. Beginning again at the intersection of
     North Broad Street and Godfrey Avenue, thence in an easterly
     direction on Godfrey Avenue to an intersection of Godfrey Avenue
     and Adams Avenue, thence over Adams Avenue to an intersection
     with Rising Sun Avenue, a distance of 6.0 miles. ((16) amended
     May 29, 1956, 1955 P.L.1871, No.622)
        (17)  Beginning at an intersection of Ridge Avenue and Vine
     Street, thence in a southeasterly direction on Ridge Avenue to
     an intersection of Ridge Avenue with Race Street, a distance of
     about 0.15 miles.
        (18)  Beginning at a point at the intersection of Island Road
     and Essington Avenue, thence on Island Road in a southeasterly
     direction to an intersection with Penrose Avenue, thence
     northeasterly over Penrose Avenue to an intersection with
     Eightieth Street, a distance of about 0.37 miles.
        (19)  Beginning at a point on the Philadelphia City-Delaware
     County line on Essington Avenue, thence northeasterly on
     Essington Avenue to an intersection with Island Road, a distance
     of 1.22 miles.
        (20)  Beginning at a point on the Philadelphia City-
     Montgomery County line on Ridge Avenue, thence southeasterly on
     Ridge Avenue to an intersection with Ridge Avenue and Henry
     Avenue, and thence southeasterly on Henry Avenue to an
     intersection with Walnut Lane, a distance of about 3.75 miles.
        (21)  Beginning at the intersection of Grant and Frankford
     Avenues, thence northwesterly over Grant Avenue to the
     intersection of Grant Avenue and the Roosevelt Boulevard, a
     distance of about 2.48 miles.
        (22)  Beginning on the Philadelphia City-Montgomery County
     line at an intersection with City Avenue near the Schuylkill
     River, thence in a southerly direction along the west bank of
     the Schuylkill River to an intersection with University Avenue
     near the University Bridge over the Schuylkill River, a distance
     of about 6.40 miles.
        (23)  Beginning at the intersection of Cheltenham Avenue and
     North Broad Street; thence southeasterly on Cheltenham Avenue to
     Crescentville Road; thence southeasterly to the intersection of
     Rising Sun and Adams Avenues, a distance of about 2.4 miles.
        (24)  Beginning at the intersection of Woodland Avenue with
     Thirty-third Street, thence southerly and southwesterly over
     Thirty-third Street and over Curie Avenue to an intersection
     with Curie Avenue and University Avenue, a distance of about 1.0
     mile. ((24) added May 10, 1956, 1955 P.L.1554, No.516)
        (25)  ((25) repealed Sept. 18, 1961, P.L.1389, No.615)
        Provided, however, That no part or portion of any street
     hereinbefore described shall be taken over as a State highway
     under the provisions of this act until after such part or
     portion shall have been legally opened by the city authorities,
     in the same manner as other streets are now opened which form a
     part of the same route as herein described, or an agreement
     shall have been entered into between the Commonwealth and city
     for such opening.
        (2 amended Aug. 19, 1953, P.L.1195, No.333)
        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 first day
     of January, one thousand nine hundred forty-two, 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 any party other
     than the Commonwealth 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.
        (3 amended July 10, 1941, P.L.345, No.141)
        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 7.  (7 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.  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.
        Section 14.  All acts or parts of acts inconsistent herewith
     be and the same are hereby repealed.
        Section 15.  This act shall become effective the first day of
     January, one thousand nine hundred and thirty-eight.
        Section 16.  (16 repealed June 1, 1945, P.L.1242, No.428)
        Section 17.  (17 repealed June 1, 1945, P.L.1242, No.428)
        Section 18.  (18 repealed June 1, 1945, P.L.1242, No.428)