Chapter CCXXVIII. to provide for the Paving of Pennsylvania Avenue
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CHAP. CCXXVIII.— An Act to provide for the Paving of Pennsylvania Avenue.July 8, 1870.*Post*, p. 504. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Secretary of theCommission to select pavement and pave portion of Pennsylvania Avenue; Interior, Brevet Brigadier-General N. Michler, engineer in charge of public buildings and grounds, and the mayor of the city of Washington, or their successors in office, be, and they are hereby, appointed a commission to select and determine the best kind of pavement to be used in paving Pennsylvania Avenue, and to have said thoroughfare paved therewith from the northwest gate of the Capitol grounds to the crossing of Fifteenth Street west, as hereinafter provided.
Sec. 2. *And be it further enacted,* That within ten days after the passage of this act the commissioners named herein shall meet and organizeto organize in ten days; by the election of a president and secretary, from among their number, and shall proceed to perform the duties herein devolved upon them; and within thirty days after they shall have determined upon the pavementto contract for paving within thirty days after, &c.Advertisement of the letting. to be used, they shall contract for the paving of said avenue between the points named, on the lowest and most favorable terms possible, after having caused notice of the letting thereof to be given in one or more newspapers published in Washington, Baltimore, Philadelphia, and New-York, for twenty days prior to the letting, giving the time and place of such letting, and kind of pavement, requiring the paving to be done in the best and most substantial manner, and without unnecessary delay; and that a good and sufficient bond, with sureties, to be approved by theBond. chief justice of the supreme court of the District of Columbia [shall be exacted], guaranteeing that the terms of such contract shall be strictly and faithfully observed.
Sec. 3. *And be it further enacted,* That the cost of laying down saidCost of laying pavement to be borne and in what proportion by Washington and Georgetown Railroad Co.;by private abutters; pavement shall be borne and paid for in the following proportions and manner: By the Washington and Georgetown Railroad Company for that portion of the work lying between the tracks of their road and for a distance of two feet on each side thereof; by the owners of private property lying and abutting on said Pennsylvania Avenue, and in proportion to their frontage thereon, for that portion of the work in front of their lots or parts of lots from the curb line of said avenue to the line two feet from the track of the railroad aforesaid; by the corporationby corporation of Washington. of Washington for the intersections of all streets and avenues and opposite to all public parks lying and abutting on said avenue, except such portions of the intersections lying between the tracks of the Washington and Georgetown Railroad Company, and two feet on each side thereof, which will be paid by said company as hereinbefore provided.
The said railroad company shall have the right to construct that portion of the pavement which it is required to pay for under the direction of said197FORTY-FIRST CONGRESS. Sess. II. Ch. 228, 229. 1870. commissioners, and if said railroad company shall not construct that portionRailroad company may construct certain portion of pavement, if, &c.; of said work with the same material, except between the rails and between the tracks, and in as satisfactory a manner, and as rapidly as the residue of said work shall be constructed, then the same shall be constructed under the direction of said commissioners in the same manner as the other portion of said work.
The said railroad company shalland select the material. have the right to select the material with which the pavement between the rails and between the tracks shall be made: *Provided,* That the saidProviso. pavement on said tracks shall be made to the satisfaction of the commissioners. The lessees of Market Square between Seventh and NinthLessees of Market square to pay part.United States to pay part. streets shall pay for that portion of the pavement between said square and the line two feet from the railroad track aforesaid.
The portion of the pavement lying between the Botanic gardens and a line two feet outside of the track of the railroad company shall be paid for by the United States government: *Provided,* That the cost of laying such pavementCost not to exceed, &c. shall not exceed the sum of four dollars per square yard. Sec. 4. *And be it further enacted,* That the assessment contemplatedAssessment to be made by commission, and sums due how collected, held, &c. in the foregoing section shall be made by the commission above authorized, and the sums so found due shall be collected and held, but as a special fund, by the collector of Washington, in accordance with existing laws; and the moneys so collected and held shall be paid by him to the contractors for the work above authorized on the warrant or order of the said commission, in such amounts and at such times as they may deem safe and proper in view of the progress of the work.
Sec. 5. *And be it further enacted,* That if the Washington and GeorgetownProceedings if parties neglect to pay assessment when due. Railroad Company, or any private citizen, or other corporation or person, shall neglect or refuse to pay the amount assessed for the paving herein authorized (within thirty days after the notification of such assessment shall have been left at the property assessed) in front of or adjoining their property, when the work so fronting or adjoining their property shall have been completed to the satisfaction of the commission and assessed by them, the said commission shall issue certificates of indebtednessCertificate of indebtedness against the property, and to be a lien;if not paid in a year, property to be sold, &c. against the property, which certificates shall bear interest at the rate of ten per centum per annum until paid, and which, until they are paid, shall remain and be a lien upon the property on or against which they are issued.
And if the said certificates are not paid within one year, the said commission shall, upon the application of the holder thereof, proceed to sell the property against which they are issued, or so much thereof as may be necessary to pay said tax, such sales to be first duly advertised, daily, for three successive weeks, in some newspaper published in the city of Washington, and to be made at public auction to the highest bidder; and a deed given by the commission inProceedings in such case. pursuance hereof shall be deemed and held to be a good and perfect title to any property bought at such sale hereby authorized: *Provided,* ThatRight of redemption. the owner of said real estate shall have the right to redeem the property sold by paying the amount of purchase money and twenty per centum on the amount of the said purchase within one year from the date of the sale.
Approved, July 8, 1870.