Chapter 382. to change the route of the Rock Creek Railway Company. and for other purposes
1,317 words·~6 min read·
/statutes-at-large/vol-26/chapter-382-548783·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 382.— An Act to change the route of the Rock Creek Railway Company. and for other purposes.May 28, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Rock Creek Railway Company, District of Columbia, change of route, etc.Vol. 25, pp. 199–208, amended. That the charter of the Rock Creek Railway Company be, and the same is hereby, amended so as to authorize said company to lay its tracks and to run its cars thereon, through and along the following-named streets, 122FIFTY-FIRST CONGRESS.
Sess. I. Ch. 382. 1890. Route.avenues, and places: Commencing at the intersection of Connecticut and Florida avenues; thence easterly along Florida avenue formerly known as Boundary street, to Eighteenth street; thence northerly along Eighteenth street to Columbia road; thence westerly, crossing Columbia road and extending through the Clitfbourne tract, to Rock Creek, on such line as shall be approved by the Commissioners of the District of-Columbia; thence crossing Rock Creek on a Bridge.substantial, elevated iron bridge to be erected by said company at its own expense and approved by said Commissioners, which shall be a thoroughfare open to the public, not less than fifty feet wide, including sidewalks; thence northwesterly through Woodley Park to a point near Woodley road in Connecticut avenue extended, on such line as shall be approved by the Commissioners of the District of Columbia; thence northerly along Connecticut avenue extended to the north line of the District of Columbia; also commencing at the intersection of Eighteenth and U streets northwest: thence east, following U *Proviso*.To keep tracks, etc., well paved, etc.street, to Fourteenth street west; *Provided*, That the said company, at its own expense, shall keep its said tracks within the city limits and on Florida avenue and Eighteenth street to Columbia road, and for the space of two feet beyond the outer rails thereof and also the space between the rails and tracks, at all times well paved with asphalt, or such other pavement as the Commissioners of the district of Columbia shall approve, and keep the same in good repair;
In case of failure, District Commissioners to pave, etc., at company’s cost, etc.and if said company shall fail to pave or repair the said streets in the manner aforesaid the Commissioners of the District of Columbia shall cause the same to be paved or repaired as aforesaid, and the cost of such paving shall be recovered by the Commissioners against said company in any court of competent jurisdiction, and the amount so paid for such paving or repairing by said Commissioners shall be Lien.a lien upon all property of said company from the time that said paving or repairing is made until paid by said company.
Sec. 2. Repeal of old route.Vol. 25, p. 200. That so much of the original charter of said company granted by act which became a law June twenty-second. eighteen hundred and eighty-eight. as prescribed a route or routes for the tracks and road of said company be, and the same is hereby, repealed, and that the route or routes prescribed by this act shall be *Proviso*.No overhead electric wires in city limits.the only route or routes for the tracks and road aforesaid: *Provided*, That said company shall not operate any part of its road by electric power with overhead wires within the city limits.
Sec. 3. Capital stock. That said company is hereby authorized to issue its capital stock to an amount not to exceed the actual cost, more than ten per *Post*. p. 836.centum of the right of way, construction and equipment, motive power, and such land and buildings as may be necessary to said road, in shares of one hundred dollars each. Said company shall require the subscribers to the capital stock to pay in cash to the Subscriptions.treasurer appointed by the corporators the amounts severally subscribed by them, as follows, namely:
Ten per centum at the time of subscribing and five per centum each thirty days thereafter, until fifty per centum thereof shall have been paid, the balance of such subscription to be paid at such times and such amounts as the board of directors may require; and no subscription shall be deemed valid unless the ten per centum thereof shall be paid at the time of Delinquent stock sales, etc.subscribing, as hereinbefore provided; and if any stockholder shall refuse or neglect to pay any installment as aforesaid, or as required by resolution of the board of directors after reasonable notice of” the same, the said board of directors may sell at public auction, to the highest bidder, so many shares of his stock as shall pay said installment, and the person who offers to purchase the least number of shares for the assessment due shall be taken to be the highest bidder, and such sale shall be conducted under such general regulations as may be adopted in the bylaws of said company; but no stock shall be “sold for less than the total assessments due and FIFTY-FIRST CONGRESS.
Sess. I. Chs. 382, 388. 1890.123 payable, or said corporation may sue and collect the same from any elinquent subscriber in any court of competent jurisdiction. And the time in which the work and construction of the roadCommencement and completion extended. shall begin and be completed is hereby extended so that the work shall be commenced within thirty days and the entire road completed within eighteen months from the passage of this act. Sec. 4. That when the property owners shall have dedicated for theDedication, purchase, and condemnation of lands for public highway. purposes of a public highway five-sixths in quantity of the land,necessary to open a street of such width as the Commissioners of the District of Columbia may prescribe from Columbia road to Connecticut avenue extended and also to prolong said Connecticut avenue extended from the point, of meeting of said street therewith to the boundary of the District of Columbia for the full width of one hundred and thirty feet, if any of the remaining owners of property lying within the path of such street or said avenue extended shall refuse or neglect to dedicate their land or lands for the purposes of said street or said avenue, or to sell and convey the same to the District of Columbia at a price to be agreed upon by and between such owners and the said District, then in that event it shall be the duty of the Commissioners of the District of Columbia, and they are hereby authorized, empowered, and directed, to condemn, in accordance with the provisions of sections two hundred and fifty-seven to two hundred[R.
S. D. C., secs. 257–267, pp. 21–30](/us/rs/dc/t/s257–267/pp21–30). and sixty-seven, both inclusive, of the Revised Statutes of the United States relating to the District of Columbia, the remaining one-sixth of said lands so as aforesaid lying within the path of such street or said avenue extended, or so much thereof as may not have been dedicated or sold, as hereinbefore provided, and to open such street as aforesaid for the width aforesaid, and to open said Connecticut avenue extended for the width of one hundred and thirty feet as a public highway: *Provided*, That the said company shall furnish the money*Provisos*.Cost of purchase, etc. to pay for the purchase or condemnation of said lands and to compensate the owners therefor: *And provided further*, That the track or tracks of said company shall be laid in such portions of such avenues as will least interfere with public travel, the location of theInterference with public travel, etc. same to be settled by the Commissioners of the District of Columbia.
Sec. 5. That the said company shall continue, subject to all theOriginal charter reaffirmed, etc. conditions and limitations of its original charter; and that Congress reserves the right to amend, alter, or repeal the original charter, andAmendment, etc. this act. Approved, May 28, 1890.