Black Street

Citations

• 236 Pa. 395
• 84 A. 918
• 1912 Pa. LEXIS 764

Syllabus

<p>Road law — Ordinance — Repeal of ordinance — Opening street.</p> <p>1. An ordinance of a city of tbe second class repealing an ordinance authorizing tbe opening of á street, is not invalid because it was passed both by tbe common and select council on tbe same day, if it appears that it was introduced on a prior day and signed by the mayor on a subsequent day. Tbe repealing ordinance does not violate in these respects either tbe Act of May 23, 1874, P. L. 230, or tbe Act of March 7, 1901, P. L. 20.</p> <p>2. Such an ordinance is not invalid because it was not signed by the presidents of tbe two branches of council, and by tbe clerk of tbe common council under the special acts relating to tbe city of Pittsburgh of April 6, 1867, P. L. 846 and April 1, 1868, P. L. 565, inasmuch as tbe Act of March 7, 1901, P. L. 20, relating to tbe government of cities of the second class, repealed tbe special acts. If an engrossed copy of the ordinance was certified by the clerk of tbe select council and transmitted to tbe mayor, everything was done that was necessary.</p> <p>3. An ordinance repealing an ordinance authorizing tbe opening of a street is not a proceeding to vacate the street.</p> <p>4. A city will not be presumed to have entered upon and opened a merely located street, because in tbe improvement, grading, curbing and paving of streets which crossed tbe line of tbe located street turnouts were made, if it appears that none of such turnouts went beyond tbe line of tbe cross street which was being improved.</p>