Chapter 29. To authorize the opening of a street from Georgia Avenue to Ninth Street northwest, through squares 2875 and 2877, and for other purposes
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CHAP. 29.— An Act To authorize the opening of a street from Georgia Avenue to Ninth Street northwest, through squares 2875 and 2877, and for other purposes.January 13, 1927.[[S. 2043](/us/bill/69/s/2043).][[Public, No. 543](/us/pl/69/543).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,District Of Columbia.Opening of a street from Georgia Avenue to Ninth Street NW., through squares 2875 and 2877.Vol. 34, p. 151.
That under and in accordance with the provisions of subchapter 1 of Chapter XV of the Code of Laws for the District of Columbia, within six months after the passage of this Act, the Commissioners of the District of Columbia be, and they are hereby, authorized and directed to institute in the Supreme Court of the District of Columbia a proceeding in rem to condemn the land that may be necessary to open a street, approximately eighty feet in width., from Georgia Avenue to Ninth Street northwest, to include all of lots 895, 898, 896, 899, 927, 925. 923, 928, 882, 883, and 884 in square 2875, and the south eighty and eighty-four one-hundredths feet front by full depth of lot 931 in square 2877: *Provided*, That of the amount found to be due and *Proviso*.Award of damages assessed against designated street railway companies as benefits.awarded by the jury in said proceeding as damages for, and in respect of, the land to be condemned for said street opening, plus the cost and expenses of the proceeding hereunder, such amount shall be assessed as benefits by the jury against the Washington Railway and Electric Company and the Capital Traction Company, respectively, in such proportion as the jury may find said companies to be benefited by the opening of said street, which said assessment shall be valid and subsisting liens against the franchises and Enforcement.properties of said railway companies, and shall be a legal indebtedness of said companies in favor of the District of Columbia, and the said lien or liens may be enforced in the name of the District of Columbia by a bill in equity brought by the said commissioners in the Supreme Benefits to adjoining lots, etc.Court of said District or by any lawful proceeding; and such amount shall be assessed by the jury as benefits, and to the extent of such benefits, against the lots, pieces, or parcels of land on each side of said street and against any and all other lots, pieces, or parcels of land which the jury may find will be benefited by the opening of said street under the provisions of said subchapter 1 of Chapter XV of the Code of Law for the District of Columbia.
Sec. 2. Amount authorized tor expenses and award.That there is hereby authorized to be appropriated entirely out of the revenues of the District of Columbia, an amount sufficient to pay the necessary costs and expenses of the condemnation proceedings taken pursuant hereto, and for the payment of the amounts awarded as damages, and the assessments for benefits, when collected, 973shall be covered into the Treasury of the United States to the credit of the revenues of the District of Columbia.
Sec. 3. That whenever in the judgment of the Public UtilitiesConnecting, through new street, required of Washington Railway and Electric Company from Georgia Avenue and Ninth Street and Florida Avenue tracks. Commission of the District of Columbia it is deemed in the public interest, the said Washington Railway and Electric Company shall be authorized and required to construct the necessary tracks and to make the necessary connection for the purpose of operating its cars by the underground electric system over and along the street provided for herein, by double tracks from the tracks in Georgia Avenue to the tracks in Ninth Street and Florida Avenue northwest.
Sec. 4. That the construction herein authorized shall be completedTime for construction, etc. and cars operated over the same within six months from the date the said Washington Railway and Electric Company is ordered by said Public Utilities Commission to construct tracks and make connections as provided in section 3 of this Act; that coincident withAbandonment of use of designated tracks. the operation of cars over the connecting route provided for herein, tire Washington Railway and Electric Company shall cease to operate cars over the tracks in Florida Avenue between Seventh and Ninth Streets, northwest, now jointly used by said company and the said Capital Traction Company, and shall abandon the use of its tracks in Georgia Avenue from Florida Avenue north to the connection at the street provided for herein: *Provided*, That the Public Utilities*Proviso*.Provisional use of abandoned tracks.
Commission of the District of Columbia may authorize the use of said abandoned tracks whenever in its judgment such use may be necessary in the public interest. Sec. 5. That if by reason of the discontinuance of the use in commonRemuneration for discontinuing use of Florida Avenue tracks in common. of the tracks in Florida Avenue between Seventh and Ninth Streets northwest by the Washington Railway and Electric Company and the Capital Traction Company remuneration may be due to either of said companies by the other, the terms of such remuneration shall be mutually agreed upon, or in case of disagreement the remuneration shall be determined by the Public Utilities CommissionDetermination b y Public Utilities Commission if terms not agreed to. of the District of Columbia, which is authorized and directed to grant a hearing to the interested parties and to fix the terms of said remuneration.
Sec. 6. That the construction herein authorized shall be in accordanceApproval of plans. with plans to be approved by the said commissioners. Sec. 7. That the said Washington Railway and Electric CompanyRights, etc., over new route. shall have the same rights, powers, and privileges over and respecting the connecting route herein provided for that it now has or hereafter may have by law over and respecting its other routes, and be subject in respect thereto to all the other provisions of its charter and of law.
Sec. 8. That Congress reserves the right to alter, amend, orAmendment. repeal this Act. Approved, January 13, 1927.