Page:United States Statutes at Large Volume 47 Part 1.djvu/782

 758 72d CONGRESS. SESS. II. CH. 10. JANU ARY 14,1933 . and conditions as the Public Utilities Commission may prescribe s Provided, That this shall not be interpreted so as to prevent the Public Utilities Commission from establishing special fares lower than the basic rate wit hout tran sfer priv ileges. Com- ment. of agree- Fourteenth. This agreement is conditioned upon the New Com- pany being relieved from the expense of policemen at street rail- -ca crossings and intersections, the laying of new pavement, the m ng of permanent improvements, renewals or repairs to the pavement of streets and public bridges ; and the permanent im- provements, renewals, or repairs to public bridges over which the street-car lines operate ; except that the New Company shall bear the entire cost of paving repairs or replacements incident to track repairs replacements or changes made at a time when the street or bridge is not being paved, and shall bear one-half the cost of other paving, repaving, or maintenance of paving between its tracks and for two feet outside of the outer rails, and shall bear the excess cost of construction and maintenance of public bri dges, due to the i nstallati on or exi stence of its trac ks on suc h bridges, but nothing herein shall relieve the New Company from liability for street paving as owner of real estate apart from rights of way occupied by its tracks, as set out in the so-called Borland law, approved, September 1, 1916, as amended to date, and/or in an Ac t to p rovide for s pecial asses sments for th e, pav ing of roadways and, the laying of curbs and gutters, approved February 20 1931 . Competitive lines. i`ifteenth. Legislation obtained to effectuate this agreement sh all co ntain a prov ision that n o comp etitive stree t-rail way or bus line, that is, bus or railway line for the transportation of passengers of the character which runs over a given route on a fixed schedule, shall be established without the prior issuance of a certificate by the Public Utilities Commission of the District of Columbia to the effect that the competitive line is necessary for the convenience of the public. Expenses of uadfl ca. Sixteenth. The New Compa ny may defr ay any rea sonable cion. legal and other expenses of unification which may be necessarily incurre d in c onnect ion th erewit h subj ect to the ap proval of th e Public Utilities Commission ; provided that these expenses shall be treat ed in the ac counts of th e New Company as or dered by the Public Utilit ies Co mmissi on. Reserves, special so- Seventeenth. The New counts, Company upon opening its books of and deferred charges. account shall set up reserves, special accounts, and deferred charges equal to the combined reserves, depreciation funds, special accounts and deferred charges of the Capital and Washington Companies in so far as they relate to depreciation of properties turned over to the New Company or to liabilities assumed by it, other than the reserve for injuries and damages as heretofore provided in paragraph eighth. Such reserves, or accou nts, shal l be set up in such manner that there shall be continuity of account- ing between the books of the Capital and Washington Companies Depreciation fund. and the New Company : Provided, That the New Company shall not be required to maintain any depreciation fund if itsetsupa reserve a gainst de preciatio n at rate s fixed t herefor b y the Pub lic Utilities Commission but may use money and/or securities in any depreciation fund turned over to it in any manner approved bq the Public Utilities Commission. Nothing herein provided shall be construed as changing or limiting the jurisdiction of said commission over depreciation accounts of any of said companies .