Pennsylvania Act 1917-241 — PUBLIC TRANSIT, SECOND CLASS CITIES

Act text

AN ACT

Empowering cities of the second 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 facilties; 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, subject to the provisions of The Public Service Company Law of July twenty-sixth, one thousand nine hundred and thirteen, and its supplements and amendments.

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, substations, lines for the transmission of power, carbarns, 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. 1917, July 5, P.L. 669, Sec. 1.

Section 2. Acquisition and operation of transit facilities authorized; facilities in adjacent municipalities

It shall be lawful for, and the right is hereby conferred upon, cities of the second class of this Commonwealth, to purchase, lease, locate, construct, and equip, or otherwise acquire, transit facilities, or any one or more 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. 1917, July 5, P.L. 669, Sec. 2.

Section 3. Sale, pledge, lease or license of transit facilities

It shall be lawful for, and the right is hereby conferred upon, cities of the second 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 corporate authorities 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. Any of the said agreements may be entered into either prior to the commencement of the said construction work or during the course thereof, or subsequent to the completion thereof. 1917, July 5, P.L. 669, Sec. 3.

Section 4. Connections with tracks of other companies; contract; use of tracks of other companies

It shall be lawful for, and the right is hereby conferred upon, cities of the second class of this Commonwealth, their assigns, lessees, and licensees, to connect the tracks of 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 may be agreed upon between the mayor and council of such cities and the said company and as may be authorized by ordinance of such cities. 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 may be agreed upon between the mayor and council of such cities and the said company, and as may be authorized by ordinance of such cities. Provided compensation for such use shall have been paid or secured. 1917, July 5, P.L. 669, Sec. 4.

Section 5. Corporations empowered to deal with city

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 second 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 may be agreed upon between the mayor and council of such cities and the said company, and as may be authorized by ordinance of such cities. 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 may be agreed upon between the mayor and council of such cities and the said company, and as may be authorized by ordinance of such cities. 1917, July 5, P.L. 669, Sec. 5.

Section 6. Right of eminent domain

It shall be lawful for, and the right is hereby conferred upon, cities of the second 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. 1917, July 5, P.L. 669, Sec. 6.

Section 7. Bond to secure damages; notice; petition to fix bond; title to vest on filing bond

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. 1917, July 5, P.L. 669, Sec. 7.

Section 8. (8 repealed Apr. 28, 1978, P.L.202, No.53)

Section 9. (9 repealed Apr. 28, 1978, P.L.202, No.53)

Section 11. Sale of property acquired

It shall be lawful for, and the right is hereby conferred upon, cities of the second 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 may be authorized by ordinance of such cities. 1917, July 5, P.L. 669, Sec. 11.

Section 12. Powers subject to public service company law

The provisions of this act, and all of the powers, rights, and privileges herein conferred upon cities of the second class, shall be subject to the provisions of the act of July twenty-six, one thousand nine hundred and thirteen (Pamphlet Laws, one thousand three hundred and seventy-four), known as the Public Service Company Law, and the various amendments and supplements thereto, in so far as the same are applicable hereto. 1917, July 5, P.L. 669, Sec. 12.