Source:Ordinance-1899-1900-414
"An ordinance authorizing the vacation of Fountain street, between Seventh avenue and Washington street." Pittsburgh city ordinance, 1899–1900, no. 414. Passed Feb. 26, 1900; approved Feb. 28, 1900. Ordinance Book 13, p. 58. In Municipal Record: Minutes of the Proceedings of the Common Council of the City of Pittsburgh, for the Year 1899–1900, appendix, p. 135, Devine & Co., Pittsburgh, 1900 (Internet Archive pghmunicipalrecordcommon1899; https://pittsburgharchives.access.preservica.com/uncategorized/IO_9bb80372-dbc2-40c2-b95a-fd9b7938048d/; https://pittsburgharchives.access.preservica.com/uncategorized/IO_e864e5bd-0303-4273-a628-fc38c34516f5/).
No. 414.
AN ORDINANCE—Authorizing the vacation of Fountain street, between Seventh avenue and Washington street.
Whereas, By an Act of Assembly approved April 16, 1869, (P. L. 965), Councils are empowered to enter into contracts with the Pennsylvania Railroad Company (and other companies), whereby public travel may be rendered more safe and the depot property of said company may be enlarged and made to afford greater facilities; and for the purpose of enabling such contracts to be carried out, are further empowered to vacate and close up the whole or any portion of any streets or alleys; provided, that said company shall first acquire, by purchase or otherwise, the property fronting on both sides of the street or alley, or the portion thereof that may be vacated or closed up.
And, whereas, Pursuant to an Ordinance approved December 28, 1899, recorded in City Ordinance Book, vol. 12, page 623, a contract, dated January 10, 1900, was entered into with the Pennsylvania Railroad Company (and other companies), whereby the station property of the said Pennsylvania Railroad Company may be enlarged and made to afford greater facilities, and by the ninth paragraph of said contract it was provided as follows, to wit:
"Said City agrees to vacate Fountain street, between the eastern line of Seventh avenue and the western line of Washington street."
And, whereas, The said Pennsylvania Railroad Company has acquired, by purchase or otherwise, the property fronting on both sides of Fountain street, between the eastern line of Seventh avenue and the western line of Washington street.
Section 1. Be it ordained and enacted by the City of Pittsburgh in Select and Common Councils assembled, and it is hereby ordained and enacted by the authority of the same, That Fountain street, between the eastern line of Seventh avenue and the western line of Washington street, as laid out and opened to a width of forty (40) feet in a plan of lots known as Harmar Denny's plan of Town Lots, and recorded in the Bureau of Engineering and Surveys, in Plan Book vol. 4, page 49, be and the same is hereby vacated and closed up.
Sec. 2. This ordinance shall be accepted and construed in harmony with and as based upon the petition and agreement of the owners of the property fronting upon said vacated street, as the same appears of record in the office of the City Clerk.
Sec. 3. That any ordinance or part of ordinance conflicting with the provisions of this ordinance be and the same is hereby repealed so far as the same affects this ordinance.
Passed February 26, 1900.
Approved February 28, 1900.
Ordinance Book 13, page 58.
