Chapter 46. authorizing the Velasco Terminal Railway Company to construct a bridge across the Brazos River, in the State of Texas
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CHAP. 46.— An Act authorizing the Velasco Terminal Railway Company to construct a bridge across the Brazos River, in the State of Texas.April 15, 1892. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Velasco Terminal Railway Company may bridge Brazos River, Texas. That the assent of Congress is hereby given to the Velasco Terminal Railway Company, a corporation incorporated and organized under the laws of the State of Texas, and to its successors and assigns, to construct and maintain a bridge and approaches thereto across the Brazos River, in the State of Texas, between its mouth and a point twelve miles up said river.
Said bridge Railway, wagon, and foot bridge.shall be so constructed as to provide for the passage of railway trains, and, at the option of the said corporation, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for Tolls.foot passengers, for reasonable rates of toll, to be fixed by said company, and approved by the Secretary of War. Sec. 2. That any bridge built under this act shall be constructed asConstruction. a pivot drawbridge, with a draw over the main channel at an accessible Spans.and the best navigable point, and with spans giving a clear water way, measured at the lowest stage of water known at the locality, of such width and height as the Secretary of War may, upon examination,prescribe; and the lowest part of the superstructure of the bridge shall be of such elevation above the plane of the highest flood known at the Piers.locality as the Secretary of War may deem advisable; and the piers of said bridge shall be parallel to and the bridge shall be at right angles *Proviso*.to the current of the river: *Provided*, That the draw shall be opened Opening draw.promptly upon reasonable signal for the passage of boats and other water craft, except when trains are passing over the draw; but in no case shall unnecessary delay occur in opening the draw during or after the passage of trains; and said corporation shall maintain at its own Lights, etc.expense, from sunset to sunrise, such lights and other signals on said bridge as the Light-House Board shall prescribe, and said corporation shall provide at its own expense such sheer booms, guide piers, and other device as may be necessary to facilitate the safe passage of boats or other water craft through the spans of said bridge.
The said bridge Location.shall be located and built under and subject to such regulations for the security of the navigation of said river as Secretary of War to approve plans, etc.the Secretary of War shall prescribe; and to secure that object the said company shall submit to the Secretary of War, for his examination and approval, a design and drawings of said bridge and a map of the location, giving, for the space of one mile below and one mile above the proposed location, the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the current at all stages, and the soundings, accurately showing the bed and channel of the stream, and shall furnish such other information as shall be required for a full and satisfactory understanding of the subject; and until the said location and 19 plans of the bridge hereby authorized to be constructed are approved by the Secretary of War, the said bridge shall not be commenced or built; and should any change be made in the plan of such bridge duringChanges. the progress of construction thereof, such change shall be subject to the approval of the Secretary of War; and any alteration or changes that may be required by the Secretary of War in the bridge constructed under this act shall be made by the corporation owning or controlling the same at its own expense; and in case of any litigation arising fromLitigation. the obstruction or alleged obstruction caused by said bridge to the free navigation of said river, the cause maybe tried before the circuit court of the United States in whose jurisdiction any portion of the bridge is located.
Sec. 3. That the bridge authorized to be constructed under this actLawful structure and post route. shall be a lawful structure, and 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, troops, and the munitions of war of the United States, than the rate per mile paid for their transmission over the railroads leading to said bridge; and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies; and the United States shall have the right of way across said bridgePostal telegraph. and its approaches for postal telegraph purposes.
Sec. 4. That all railroad companies desiring the use of said bridgeUse by other railroad companies. shall have and be entitled to equal rights and privileges relative to the passage of railway trains or cars over the same, and over the approaches thereto, upon payment of a reasonable compensation for suchCompensation. use; and in case the owner or owners of said bridge and the several rail road companies, or any of them, desiring such use, shall fail to agreeDisagreements. upon the sum or sums to be paid and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War upon a hearing of theSecretary of War to decide. allegations and proofs of the parties.
Sec. 5. That the right to alter, amend, or repeal this act is herebyAmendment, etc. expressly reserved; and if said bridge shall not be commenced in oneCommencement and completion. year and be finished within three years from the passage of this act, the rights and privileges hereby granted as to such bridge shall be null and void. Approved, April 15, 1892.