each city, borough and township, when so determined, shall be compared with the assessed value of taxable property in each, respectively, according to latest valuations of assessors, as the same may appear in the official records of the county commissioners, and the ratio or proportion between said indebtedness and values of property in cash shall be determined, and when such proportion shall have been determined, the commission shall fix upon and set forth such a rate of special tax to be separately levied and collected in each of the former cities, boroughs and townships, as shall be sufficient to pay and discharge all the separate debts and liabilities of each in some reasonable and stated period of time not exceeding in any case a period of fifty years.

Fifth. It shall be duty of the commission on or before the first Monday of December, one thousand eight hundred and seventy-four, to prepare and subinit to the court of common pleas of Allegheny county a full report of its proceedings and a statement in detail of the debts owing and of the property owned by each of the said cities, boroughs and townships, and of such rates of special tax to be separately levied and collected in each, as they may deem most equitable and just to all parties interested.

of commission.

SECTION 9. The said court shall, within ten days after re- powers and duties ceiving the report of the commission made in pursuance of of court on report the next preceding session, appoint a day before the first Monday of January, one thousand eight hundred and seventyfive, and cause due public notice thereof to be given when any of the municipal authorities or auditors of townships, who may be interested in the rate or the apportionment of the special taxation set forth in said report, may appear in court and be heard by counsel thereon; whereupon, after a due hearing of the parties interested, the court shall, before February first, one thousand eight hundred and seventy-five, determine and decree the rate of special tax which shall thereafter be separately levied on all taxable property and collected in each of the several cities, boroughs and townships aforesaid, to be applied in paying the interest and the principal of the excess of indebtedness owing at that time by each of the said cities, boroughs and townships, respectively, and to no other purpose whatever, until the same shall have been fully paid and discharged.

and decree of

SECTION 10. The city corporation created by this act shall Of the carrying of obtain from the said court authenticated copies of the re- report of commis port of the commission made in pursuance of section eight, court into effect. article twelve of this act, and of the decree of the court thereon, within five days after said decree is made, and shall, as soon as practicable thereafter, pass an ordinance for carrying the same into effect according to its full tenor and meaning in all respects, whereby the city corporation shall assume and become liable for all the municipal debts and liabilities of each of the former corporations or townships comprised within its limits; and all rights of properey of every kind and description which were vested in any of said former corporations or townships shall thereafter be deemed and held to be vested in the corporation created by this act;

Cities. boroughs,

additional in

debtedness after commission appotated.

no rights or liabilities either in favor of or against either of said corporations existing at the time of this act taking effect, and no suit of any kind shall be in any manner affected by such change, but the same shall stand or progress as if no such change had been made: Provided, That nothing herein contained shall be construed to empower said corporation to sell, mortgage, lease or in any manner alienate any lands which were held by any of said former corporations as public squares, common grounds or river shore landings, but such land shall be held for general public use in the same manner as before the passage of this act.

SECTION 11. The said cities, boroughs, townships or districts &c. not to create embraced within the territory mentioned and designated in the first section of this act shall have no authority to create any additional indebtedness other than that which has been previously appropriated, after the commissioners to ascertain the separate indebtedness have been appointed by the court of common pleas aforesaid.

When municipal powers of cities, boroughs, &c.. to become merged.

Councilmen, &c., to serve without pay.

Sewer system established.

Of public sewers.

of district sewers.

SECTION 12. The municipal powers and authority of the several cities, boroughs, townships and districts within the territory mentioned and designated in the first section of this act shall, on the first day of January, one thousand eight hundred and seventy-five, be merged in the corporation hereby created; that the laws of the city of Pittsburg except so far as they conflict with the provisions of this act shall be and are hereby made the laws of the corporation created by this

act.

SECTION 13. The members of council, the board of public instruction, and commissioners of the different executive departments created by this act, shall serve without pay or emolument.

SECTION 14. A sewer system is hereby established, which shall be divided into three classes, viz: Public, district and private sewers.

SECTION 15. Public sewers shall be established and constructed along the principal courses of drainage at such times, to such extent, of such dimensions, material and under such regulations as may be provided by ordinance, and there may be constructed such branches to sewers already constructed or to be constructed as may be considered expedient: Provided, That no sewer shall be run diagonally through private property, when it is practical to construct it parallel with lines of such property, nor shall any public sewer be constructed through private property when it is reasonably practicable to construct it along a street or public highway.

SECTION 16. The cost of constructing district sewers shall be payable by property owners, and said sewers shall be established within the limits of districts, to be prescribed by ordinance, connecting with a public sewer, district sewer or some natural course of drainage; such district may be subdivided, enlarged or changed by ordinance at any time previous to the construction of the sewer therein; the councils shall cause sewers to be constructed in any district whenever a majority of the property holders resident therein shall petition therefor, or whenever the said councils may deem it

necessary for sanitary or other purposes; and the character, dimensions, materials and location of such sewer shall be prescribed by ordinance or contract, and may be changed, diminished, enlarged or extended by ordinance, and shall have all the requisite laterals, inlets and other appurtenances; as soon as a district sewer is completed, the city engineer, under supervision of the department of public works, shall compute the whole cost thereof, and shall assess it as a special tax against all the lots of ground in the district, respectively, without regard to improvements, and in proportion as their respective areas bear to the area of the whole district exclusive of the public highways; and said officers shall make out a certified bill of such assessments against each lot in the district in the name of the owner thereof, which shall be collected and paid in the manner now prescribed by law: Provided, That the repairs and other incidental expenses of district sewers shall be paid out of the general revenue.

SECTION 17. Private sewers connecting with the public and of private sewers. district sewers may be constructed under such restrictions and regulations as the councils may prescribe by general or special ordinance, but the city shall be at no expense in the construction, repairing or cleaning of the same.

city where others

SECTION 18. Whenever the city shall be made liable to an of sults against action for damages by reason of the unauthorized or wrong- are liable on same ful acts, or of the negligence, carelessness or unskilfulness account. of any person or corporation, and such person or corporation shall also be liable to an action on the same account by the party so injured, the injured party, if he sue the city for the damages suffered by him, shall also join such other person or persons or corporations so liable as a defendant or defendants in his suit; and no judgment shall be rendered against the city unless judgment is also rendered against such other person or corporation so liable to be sued as aforesaid; and if any action be brought against the city alone and it is made to appear that any other person or corporation ought to be joined as a defendant in the suit according to the provisions of this section, the plaintiff shall be nonsuited, but no person shall be liable under this act to be sued jointly with the city who would not be liable to be sued separately irrespective of its provisions. When a judgment shall be obtained against the city and the other party liable of executions in as aforesaid, execution shall issue against all the defendants such cases. in the ordinary form, but shall be first enforced and collected of the other defendants, and shall not be collected of the city unless the other defendants are so insolvent that the same cannot be made out of them, and in that case the city shall pay only so much of the judgment as cannot be made out of the other defendants.

sub-division of

SECTION 19. The department of public works shall estab- or plans of streets, lish a general plan for the location and graduation of streets lands into lots, &c. within the city, subject to the approval of councils; and in all sub-divisions of property hereafter to be made by the respective owners, they shall conform their streets to said general plan; and in all cases where the lands of the city of Pittsburg are hereafter sub-divided or laid out into lots, sub-lots

Of ordinances for opening streets.

Of contracts relating to city affairs.

Act made evidence.

Also ordinances, &c., published by authority.

or blocks, streets or alleys, or where new streets or public grounds are donated or granted to the public by any proprietor, in order to secure a uniform plan in the laying out of streets and alleys, the map or plat thereof shall be submitted to the city engineer, who shall endorse thereon that the same is in accordance with the said general plan of the city, if the fact be so; and no such map or plat shall be recorded in the recorder's office of Allegheny county or have any validity until so endorsed; and it shall be the express duty of the county recorder to enforce the provisions of this clause, under a penalty of five hundred dollars for each ease, before any person whatever shall be permitted to record any sales made contrary to such general plans, unless it be otherwise permitted by ordinance: Provided, That the city shall be liable for damages sustained by the owners of real estate upon which permanent buildings shall have been erected by any change of the grade of any street upon which real estate shall front.

SECTION 20. It shall not be lawful for the councils to pass any ordinance for the opening, improvement or construction of any street or alley, or other public highway or place, unless the work proposed is in accordance with the general plan of said city and the grades or drainage which have been established; and any ordinance for the opening, improvement or construction of any street, alley or other public improvements shall, on its second reading, be referred to the department of public works for examination, who shall report the result of such examination to the branch of councils in which such ordinance may have been offered, at its next meeting or within ten days from the date of said reference, if such council be in session, or at the first meeting of the next session thereafter; when such ordinance is returned by the department of public works it shall be disposed of as the councils may direct.

SECTION 21. All contracts relating to city affairs, as far as practicable, shall be in writing, signed and executed in the name of the city by the officer authorized to make the same, after due notice; and in cases not otherwise directed by law or ordinance such contracts such contracts shall be made and entered into by the comptroller, but no contract shall be entered into or executed directly by the councils or their committees, but some officer shall be designated by ordinance to enter into and execute such contract; all contracts shall be countersigned by the comptroller and filed and registered by number, date and contents in his office, and attested copies furnished to such other persons or officers as are interested in the performance as required.

SECTION 22. This act is declared to be a public act, and may be read as evidence in all courts of law or equity; and all ordinances, resolutions and proceedings of the city may be proved by the seal of the corporation, attested by the proper officer, and when printed and published by authority of the corporation, the same shall be received in evidence in all courts and places without further proof.

property and franturnpike and plank

SECTION 23. That in case a majority of the voters of the of the purchase of qualified voters of the election district within the boundaries chises of bridge, in the first section of this act, lying north of the Allegheny road companies. river, vote for consolidation, the judges of the court of common pleas of Allegheny county, be and they are hereby directed and required to appoint three appraisers to estimate and appraise under oath or affirmation, the actual cash value, first deducting therefrom any reserve or contingent fund held by any corporation, of any and every bridge, turnpike or plank road company, within the bounds of said corporation, which claims to charge toll for the use of its improvement, and before February first, eighteen hundred and seventy-five, to return to the mayor of the city to be laid before the councils thereof, a true valuation and appraisement of the stock of said corporations; and said councils are hereby authorized, at any time not exceeding one year thereafter, by ordinance duly passed, to create a permanent loan, to be called the bridge loan, to purchase and make forever free the all the bridges and highways within the bounds of the consolidated city: Provided, That each holder of stock who releases his Proviso. or her stock to said city, shall be entitled to receive such percentage upon the value in the said bridge loan as council may direct, not exceeding the value so fixed by said apprai sers, and that until such tender of equivalent in value is made, no rival bridge company not already chartered shall be erected by any of the existing corporations: Provided further, That if the existing bridge corporations shall not within three months after the tender accept the same, then the said city may create such other free bridge as the business of the enlarged city demands, or proceed by condemnation to acquire title to the same, in the manner that private property is taken for public purposes under provisions the general railroad law of one thousand eight hundred and forty-nine, and its several supplements: Provided further, That if at of vote on annexathe election to be held next October, or any subsequent elec- non leg tion provided for by this act, a majority of the qualified river. voters of the district lying north of the Allegheny river shall vote for annexation, then the provisions of this act shall extend to said district; but if the majority of the voters of said district shall be against consolidation, then the provisions of this act shall be null and void so far as relates to said district north of the Allegheny river.

APPROVED-The 7th day of January, A. D. 1874.
J. F. HARTRANFT.

Proviso.

north of Allegheny