Source:Ordinance-1949-363
"An ordinance authorizing and directing the execution of an agreement with Allegheny County whereby the City takes over for maintenance the Ohio River boulevard and the County takes over for maintenance Banksville road and a portion of Brown's Hill road, and prescribing the terms thereof." Pittsburgh city ordinance, 1949, no. 363. Passed July 25, 1949; approved Aug. 1, 1949. Ordinance Book 56, p. 139. In Municipal Record: Minutes of the Proceedings of the Council of the City of Pittsburgh: For the Year 1949, appendix, pp. 195–198, City Printing Company, Pittsburgh (Internet Archive Pghmunicipalrecord1949).
No. 363
AN ORDINANCE—Authorizing and directing the execution of an agreement with Allegheny County whereby the City takes over for maintenance the Ohio River boulevard and the County takes over for maintenance Banksville road and a portion of Brown's Hill road, and prescribing the terms thereof.
The Council of the City of Pittsburgh hereby enacts as follows:
Section 1. That the Mayor and the Director of the Department of Public Works be authorized and directed to enter into an agreement with the Commissioners of Allegheny County in the following terms:
THIS AGREEMENT
Made this __________________ day of _______________________, 1949, between the County of Allegheny, a political subdivision of the Commonwealth of Pennsylvania, hereinafter called the "County," party of the first part,
AND
the CITY OF PITTSBURGH, a municipal corporation of the Commonwealth of Pennsylvania within the limits of said County, hereinafter called the "City," party of the second part,
Whereas, The City entered into four agreements with the County, dated August 13, 1929, November 30, 1929, January 6, 1930, and October 28, 1930, by authority respectively of Ordinances No. 575, approved August 7, 1929, No. 493, approved July 22, 1929, No. 721, approved November 12, 1929, and No. 411, approved September 27, 1930, setting forth among other things, the respective obligations of the County and City for the maintenance of the Ohio River boulevard and the Traffic Circle and Termon Avenue Approach to the McKees Rocks Bridge, on the northerly side of the Ohio River for four several but connecting and contiguous sections from California avenue approximately fifteen feet northwest of the northwest intersection of California avenue and Atmore street, as located by Ordinance of the City, and extending in a westerly direction to the dividing line between the City of Pittsburgh and the Borough of Bellevue at its intersection with an unnamed street which connects the Jacks Run road to Watson avenue and near the Pennsylvania Railroad right-of-way line as located by Ordinance of the City and with an approach extending to California avenue at Termon avenue; and
Whereas, Under two of the four agreements aforesaid, to-wit, the agreements dated August 13, 1929 and January 6, 1930, the County is required to maintain and keep in good repair two sections of the Ohio River boulevard, including the bridge structures between the terminal points therein described, except curbs, sidewalks and lighting system, which are to be kept and maintained by the City; and
Whereas, Under one of the four agreements aforesaid, to-wit, the agreement dated October 28, 1930, the City is required to maintain and keep in good repair one section of the Ohio River boulevard and the lighting system thereof between the terminal points therein described, including curbs and sidewalks; and
Whereas, Under one of the four above mentioned agreements, to-wit, the agreement dated November 30, 1929, the County is required to maintain the said Termon Avenue Approach, with the exception of the lighting, which is maintained by the City; and
Whereas, The City entered into an agreement with the County, dated July 1, 1937, by authority of Ordinance No. 233, approved the 19th day of June, 1937, setting forth the respective obligations of the City and County for the construction and maintenance of a certain highway known as Banksville road in the City of Pittsburgh, extending from the southerly side of Saw Mill Run Boulevard Traffic Circle at Station 1 plus 55.22 to the dividing line between the City of Pittsburgh, Borough of Dormont and Township of Mt. Lebanon at Station 132 plus 27.71, all as shown on Alelgheny County Plan No. 1654, indexed at No. 1 December Sessions, 1936; and
Whereas, Under the terms of said agreement, the City is required to take over and maintain the entire highway, including such portions of the old highway as are not included within the limits of the new highway; and
Whereas, The City entered into an agreement with the County, dated May 4, 1939, by authority of Ordinance No. 100, approved March 4, 1939, providing that the City take over and maintain a certain highway known as Brown's Hill road in the City of Pittsburgh, extending from the intersection of Hazelwood avenue and Beechwood boulevard to the North Approach of the Pittsburgh–Homestead High-Level Bridge, and such portions of the old highway as are not included in the new; and
Whereas, It is deemed advisable that the agreements aforesaid be amended and that the City take over for maintenance such portions of the Ohio River boulevard as are hereinafter more fully mentioned and described; that the County take over for maintenance such portions of Banksville road as are hereinafter more fully mentioned and described; and that the County also take over for maintenance such portions of the Brown's Hill road as are hereinafter more fully mentioned and described;
Now, Therefore, This Agreement Witnesseth, That the said parties, for their mutual considerations, do promise and agree to and with each other as follows:
FIRST: In addition to its obligations as set forth in the four agreements aforesaid, relating to the Ohio River boulevard, the City shall maintain and keep in good repair the said Ohio River boulevard, including lighting, bridge structures, including overhead foot bridges, curbs, sidewalks, storm water, drainage system and slopes, from a point on California avenue, approximately fifteen (15) feet northwest of the intersection of California avenue and Atmore street, as located by Ordinance of the City of Pittsburgh, and extending in a westerly direction to the eastern terminus of the McKees Rocks Bridge Traffic Circle near the intersection of Wortman and Florida streets, as located by Ordinance of the City of Pittsburgh, and from the western terminus of the McKees Rocks Bridge Traffic Circle at the western property line of Davis avenue and extending in a westerly direction to the dividing line between the City of Pittsburgh and the Borough of Bellevue, as aforesaid, including the Termon Avenue Approach from the northern terminus of the McKees Rocks Bridge Traffic Circle at Station 60 plus 15.50, as shown by County Plans file No. 399, to California avenue at Station 71 plus 88.60. The County shall be forever afterwards relieved of any responsibility for the maintenance and repair of the Ohio River boulevard, and the Termon Avenue Approach, as above defined, including lighting, all bridge structures, curbs, sidewalks, retaining walls, slopes, and storm water drainage system between the terminal points aforesaid.
SECOND: The City agrees to enact all necessary ordinances to create a City street of the Termon Avenue Approach as above defined and it is distinctly understood and agreed for the purposes herein that the aforesaid Traffic Circle shall not be deemed a part of the said Termon Avenue Approach and the City shall in no way be responsible for the lighting, traffic signals, construction, reconstruction, alteration or maintenance of the said Traffic Circle.
THIRD: The County will maintain the paved portion of Banksville road within the right-of-way limits, together with such storm water pipe drainage and culverts as were constructed by the County as shown on County Plan No. 1663. The right-of-way limits of Banksville road shall, for the purpose of this Agreement, be deemed 80 feet in width symmetrical about the center line of Banksville road as constructed. The County will also maintain such protective barriers as are included within the said right-of-way limits, and such slopes in cuts and fills as are required to adequately support said right-of-way but excluding all creek or run channels, approaches, portions of the said road and crossings outside the aforesaid right-of-way limits, and the County does hereby relieve the City of any and all responsibility for future maintenance of the same.
FOURTH: The County shall have the exclusive jurisdiction over the location of all utilities, both public and private, within the right-of-way limits of Banksville road, or on any slope areas maintained by the County under this Agreement.
FIFTH: The City will maintain and be responsible for the lighting of Banksville road, all sanitary and combined sanitary and storm water sewerage facilities, including manholes, storm water drainage, except as above mentioned, and all creek channels beyond culverts and/or outside the right-of-way limits of said highway, and the City does hereby relieve the County of any and all responsibility for future maintenance of the same.
SIXTH: The City agrees that no curbs, sidewalks, driveways, etc., shall be constructed within the right-of-way limits of Banksville road aforesaid, except with the approval and express permission of the County.
SEVENTH: The City agrees to pass all ordinances necessary to create City streets of the former Banksville road as well as all approaches to the new Banksville road, and all connections between the old and new Banksville road outside of the right-of-way limits of Banksville road as defined above.
EIGHTH: This Agreement shall not become effective in any of its provisions until such time as the City has passed all the necessary and required ordinances under this Agreement and certified copies of the same shall have been filed with the County.
NINTH: The County, by appropriate petition to the Court of Quarter Sessions, will vacate all portions of the Ohio River boulevard, Termon Avenue Approach, adn the old Banksville road, as well as approaches and connections outside of the right-of-way limits as aforesaid, and the City will join in the prayer of said petition.
TENTH: The County shall take over and maintain at its own expense the new highway, exclusive of such portions as are the responsibility of the Pittsburgh Railways Company under the Agreement dated September 2, 1937, between the County and the Pittsburgh Railways Company, including storm drainage, known as Brown's Hill road in the City of Pittsburgh, extending from the intersection of Hazelwood avenue and Beechwood boulevard at Station 65 plus 81.55, as shown on Allegheny County Plan No. 1676, indexed at No. 1 May Sessions, 1937, to the North Approach of the Pittsburgh Homestead High-Level Bridge at Station 40 plus 86.22, and the City shall continue to maintain at its own expense such portions of the old highway as are not included within the limits of the new. The City shall be forever after relieved of the responsibility or duty of any further maintenance, upkeep, construction or repair of the new highway, including storm drainage, except any and all lighting.
ELEVENTH: All provisions of the six agreements hereinafter referred to, which are not herein expressly amended, modified or altered, shall remain in full force and effect.
In Witness Whereof, The County of Allegheny has caused this Agreement to be signed by its Commissioners, duly attested to by the Chief Clerk, and its official seal to be hereunto affixed; and the City of Pittsburgh, under Ordinance No. ____________, authorizing the execution, has caused this Agreement to be signed by the proper officials, duly attested and its official seal to be hereunto affixed, all as of the day and year first above written.
COUNTY OF ALLEGHENY
_________________________________
_________________________________
_________________________________
County Commissioners.
Attest:
______________________________
Chief Clerk
APPROVED AS TO FORM:
______________________________
County Solicitor
______________________________
Asst. County Solicitor
APPROVED AS TO TECHNICAL DATA:
______________________________
Director, County Department
of Works.
CITY OF PITTSBURGH
_________________________________
Mayor.
_________________________________
Director, Department of
Public Works.
Attest:
______________________________
Secretary to the Mayor.
APPROVED AS TO FORM:
______________________________
City Solicitor.
COUNTERSIGNED:
______________________________
City Controller
Section 9 [sic]. 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 July 25, 1949.
Approved August 1, 1949.
Ordinance Book 56, Page 139.
