Chapter 119. To amend the Act entitled “An Act to provide for the elimination of the Michigan Avenue grade crossing in the District of Columbia, and for other purposes,” approved March 3, 1927
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CHAP. 119.— An Act To amend the Act entitled “An Act to provide for the elimination of the Michigan Avenue grade crossing in the District of Columbia, and for other purposes,” approved March 3, 1927. February 12, 1931.[[S. 4211](/us/bill/71/hr/4211).][[Public, No. 618](/us/pl/71/618).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the ActDistrict of Columbia.Provision for eliminating Michigan grade crossing modified. entitled “An Act to provide for the elimination of the Michigan Avenue grade crossing in the District of Columbia, and for other 1088Vol, 44, p. 1351, amended.purposes,” approved March 3, 1927, be, and it is hereby, amended to read as follows:
" Location of viaduct, etc., changed.“That the Commissioners of the District of Columbia be, and they are hereby, authorized and directed to construct a viaduct and approaches to eliminate the present crossing at grade of Michigan Avenue and the tracks and right of way of the Baltimore and Ohio Bailroad Company, said viaduct to be constructed north of the present line of Michigan Avenue as may be determined by the Commissioners of the District of Columbia in accordance with plans and profiles of said works to be approved by the said commissioners: *Proviso*.Baltimore and Ohio Railroad to pay one-half cost.*Provided*, That one-half of the total cost of constructing the said viaduct and approaches shall be borne and paid by the said railroad company, its successors and assigns, to the collector of taxes of the District of Columbia to the credit of the District of Enforcement.Columbia, and the same shall be a valid and subsisting lien against the franchises and property of the said railroad company and shall constitute a legal indebtedness of said company in favor of the District of Columbia, and the said lien may be enforced in the name of the District of Columbia by a bill in equity brought by the said commissioners in the Supreme Court of the District of Columbia, or by any other lawful proceeding against the said railroad company.
" Sec. 2. Payment by street railways tor use of viaduct. That no street railway company shall use the said viaduct or any approaches thereto herein authorized for its tracks until the said company shall have paid to the collector of taxes of the District of Columbia a sum equal to one-fourth of the cost of said viaduct and approaches, which sum shall be deposited to the credit of the District of Columbia. Sec. 3. Appropriation authorized. That for the purpose of carrying into effect the foregoing provisions the sum of $500,000 is hereby authorized to be appropriated, payable in like manner as other appropriations for the expenses of the government of the District of Columbia; and the Personal services, etc.said commissioners are authorized to expend such sum as may be necessary for personal services, engineering, and incidental expenses, Acquisition of necessary land.including the cost of relocating sewers and water mains.
The said commissioners are further authorized to acquire, out of the appropriation herein authorized, the necessary land to carry out the provisions of this Act, by purchase at such price or prices as in their Condemnation.Vol. 34, p. 151.judgment they may deem reasonable and fair, or, in the discretion of the commissioners, by condemnation in accordance with chapter 15 of the Code of Law of the District of Columbia, as amended. Sec. 4. Grade crossing closed. That from and after the completion of the said viaduct and approaches the highway grade crossing over the tracks and right of way of the said Baltimore and Ohio Railroad Company at Michigan Avenue shall be forever closed against further traffic of any kind.
Approved, February 12, 1931.