Chapter 748. to authorize the construction of a railroad, wagon, and foot-passenger bridge across the Hillsborough River, at a point in the town of New Smyrna, in the county of Volusia and State of Florida
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CHAP. 748.— An Act to authorize the construction of a railroad, wagon, and foot-passenger bridge across the Hillsborough River, at a point in the town of New Smyrna, in the county of Volusia and State of Florida.August 6, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Atlantic and Western Railroad Company may bridge Hillsborough River at New Smyrna, Fla. That the Atlantic and Western Railroad Company, a corporation organized under the laws of the State of Florida, its successors and assigns, be, and are hereby, authorized to construct and maintain a bridge, and approaches thereto, over the Hillsborough River, in the county of Volusia.
State of Florida, at the most accessible point on said river, in the town of New Smyrna, in said county and State, Said bridge Railway, wagon, and foot bridge.shall be constructed to provide for the passage of railway trains, and, at the option of the corporation by which it may be built, may be used for the passage of wagons and vehicles of all kinds for the 371 transit of animals and for foot-passengers, for such reasonable rates of toll as may be approved, from time to time, by the Secretary of War.
Sec. 2. That any bridge built under this act shall be constructedSecretary of War to approve plans, etc. without interference with the security and convenience of navigation of said river; and in order to secure a compliance with these conditions the corporation, previous to commencing the construction of the bridge, shall submit to the Secretary of War a plan of the bridge and of any accessory works, together with a detailed map of the river at the proposed site of the bridge and for a distance of a mile above and below the site, together with all other information touching said bridge and river and accessory works as may be deemed requisite by the Secretary of War to determine whether the said bridge when built, will conform to the prescribed conditions of this act: *Provided*, That the*Provisos*.Piers. piers of said bridge shall be parallel with the current of said river, with clear openings between them, the axis of the bridge as nearly as possible at right angles thereto, and the lowest part of the superstructure at least six feet above the level of the waterDraw. at its highest stage: *And Provided, also*, That any bridge built under this act shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at the most accessible and navigable point, and with spans of not less than one hundred feet in length in the clear on each side of the central or pivot-pier of the draw, and with the piers adjacent to the draw openings provided with suitable guide cribs or piers: *Provided also*, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said Lights, etc.company or corporation shall maintain, at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe.
Sec. 3. That the Secretary of War is hereby authorized and directed,Notification of approval. upon receiving any such plan and map and other information, and upon being satisfied that a bridge built on such plan and with such accessory works and at such locality will conform to the prescribed conditions of this act, to notify the company that he approves of the same; and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the approved plan and location, but until the Secretary of War approves of the plan and location of said bridge and accessory works and notifies the company of the same, the bridge shall not be built; and should any change be made in the plan of the bridge or said accessory works during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War.
Sec. 4. That any bridge and accessory works, when built and constructedLawful structure and post-route. under this act and according to the terms and limitations thereof, shall be a lawful structure; and said bridge shall be recognized and known as a post-route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge: and said bridge shall enjoy the rights and privileges of other post-routes in the United States; and equal privileges in the use of said bridge, shall be granted to all telegraph companies: and the United States shall have the right of way across said bridge and its approaches for postal-telegraph purposes; and CongressPostal telegraph. reserves the right at any time to regulate by appropriate legislation the charges for freight and passengers over said bridge.
Sec. 5. That all railroad companies desiring the use of said bridgeUse by other companies. shall have and be entitled to equal rights and privileges relative to the passage of railway trains over the same, and over the approaches thereto, upon the payment of a reasonable compensation for such use; and in case the owner or owners of said bridge, and the several railroad companies, or any one of them desiring such use, shall fail 372 to agree upon the sum or sums to be paid, and upon rules and conditionsTerms. to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War upon the hearing of the allegations and proofs of the parties.
Sec. 6. That the right to alter, amend, or repeal this act is herebyAmendment. expressly reserved; and the right to require any changes in said structure, or entire removal, at the expense of the owners thereof, whenever Congress shall decide that the public interests require it, is also expressly reserved. Sec. 7. That this act shall be null and void if actual constructionCommencement and completion. of the bridge herein authorized be not commenced within one year and completed within three year from the date thereof.
Approved, August 6, 1888.