Page:United States Statutes at Large Volume 49 Part 1.djvu/394

 74Th. CONGRESS. SESS. I. CH. 241. JUNE 14, 1935. 349 This appropriation shall be available for the construction and meats trailways,pave- repair of pavements of street railways in accordance with the pro- vol. 4 7, p. 7 52 . visions of the Merger Act, approved January 14, 1933 (47 Stat ., p . 752). The proportion of the amount thus expended which under Proportion of ex- pen ses ch arg eab le to the terms o f the said Act is re quired to be paid by the stree t-railway rai lw ay company. company shall be collected, upon the neglect or the refusal of such Vol. 20, p.105 y street-railway company to pay, from the said street-railway company in the manner provided by section 5 of "An Act providing a perma- nent form of government for the District of Columbia ", app rove d June 11, 1878, and shall be deposited to the credit of the appropria- tion for the fiscal year in which it is collected ; For beginning the construction of a viaduct or bride and Mich igan Ave nue g N orth east , co nstr ue- approa ches theret o in line o f Mic higan Avenu e Nort heast, purs uant t io n. to authority contained in the Act approved February 12, 1931 Vol .46,p.1087. (Public Numbered 618, Seventy-first Congress), as now located on the permanent system of highways of the District of Columbia, between Broo kland Avenue and Perry S treet North east, over t he tracks and right-of-way of the Baltimore and Ohio Railroad Com- pany, in accordance with plans and profiles of said work to be approved by the Commissioners of the District of Columbia, includ- Vol .31,p . 1266; Vol. ing the purchase and condemnation under chapter 15 of the Code of 45, p. 14x7. Law for the District of Columbia, and amendments thereto, of neces- sary land in accordance with the highway plan, construction of and changes in sewer and water mains, personal services, and engineer- ing and incidental expenses, $100,000 : Provided, That one-half of Division of cost. the total cos t, excepti ng land, o f construct ing said v iaduct or bridge and approaches shall be borne and paid by the said railroad com- pany, its successors and assigns, to the collector of taxes of the District of Columbia, to the credit of the District of Columbia and Li en against railroad the same shall be a valid and subsisting lien against the franchises pr operty, e tc. 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 Enforcement. District of Columbia by a bill in equity brought by the said Com- missioners in the Supreme Court of the District of Columbia, or by any other lawful proceeding against the said railroad company Pr ovi ded furt her, That from and after the completion of the said Grade crossing closed. viaduct and approaches the highway grade crossing over the tracks and right-of-way of the said Baltimore and Ohio Railroad Company in line of present Michigan Avenue shall be forever closed against furthe r traffic of any kin d ; For the widening, altering, and strengthening of the existing Improving Road . existing ng viad uct and app roaches in t he line of B enning Road Northeast, v ia du c t. between Kenilworth and Minnesota Avenues over the tracks and Vol. 88, p. 525. right-of-way of the Pennsylvania Railroad Company and the Balti- more and Ohio Railroad Company, in accordance with plans and profiles to be approved by the Commissioners of the District of Columbia, including construction of and changes in sewer and water mains, personal services, and engineering and incidental expenses, $175,000 ; For the construction of a viaduct or bridge and approaches thereto Franklin street vi a- in line of Franklin Street Northeast, over the tracks of the Balti- duct. Construction over more and Ohio Railroad, in accordance with plans and profiles to railroad tracks. be a pproved by the Commissi oners of the District o f Columbia, including construction of and changes in sewer and water mains, personal services, and engineering and incidental expenses, $200,000 : Provided, That one-half of the total cost thereof shall be borne and P roviso. paid by the said railroad company, its successors and assigns, to the Division of costs. collector of taxes of the District of Columbia to the credit of the