Page:United States Statutes at Large Volume 67.djvu/325

 67 S T A T. ]

289

PUBLIC LAW 173-JULY 31, 1953

under section 1(b) of said Act, and highway-structure projects financed wholly from the highway fund, this appropriation shall be available for the employment of engineering or other professional services by contract or otherwise, and without regard to section 3709 of the Revised Statutes and the civil-service and classification laws, and section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), and for engineering and incidental expenses: Provided further, That no part of this appropriation shall be available for the preparation of plans for a crossing of the Potomac Eiver which will be inconsistent with the general plan for the development of Theodore Roosevelt Island adopted and approved under the provisions of the Act of Congress approved May 21, 1932 (47 Stat. 163): Provided further, That no part of this appropriation or any appropriation heretofore made shall be used to defray the cost of any construction or relocation or removal of railroad track or tracks or the construction of any structure which will prevent continuous rail transportation by standard railroad equipment by and between the railroad tracks of the Baltimore and Ohio Railroad and the premises of the Benning plant of the Potomac Electric Power Company via the tracks of the East Washington Railway Company and the Capital Transit Company, except that nothing herein shall be construed to preclude the construction of an overpass at Deane Avenue in compliance with this proviso or to preclude temporary interruption of the railroad transportation service herein described when necessary to any construction on Kenilworth Avenue for which funds are appropriated herein or a relocation of such tracks which will permit such continuous railway transportation: Provided further, That this appropriation and the appropriation "Operating expenses. Street and Bridge Divisions, highway fund", shall be available for the construction and repair of pavements of street railways, in accordance with the provisions of the Merger Act (47 Stat. 752), and the proportion of the amount thus expended which under the terms of the said Act is required to be paid by the street-railway company shall be collected, upon the neglect or the refusal of such street-railway company to make such payment, from the said street-railway company in the manner provided by section 5 of the Act of June 11, 1878, and shall be deposited to the credit of the appropriation for the fiscal year in which it is collected: Provided further, That in connection with projects to be undertaken as Federal-aid projects under the provisions of the Federal Aid Highway Act of December 20, 1944, as amended, the Commissioners are authorized to enter into contract or contracts for those projects in such amounts as shall be approved by the Bureau of Public Roads, Department of Commerce: Provided further, That the Commissioners are hereby authorized to construct grade-crossing elimination and other construction projects authorized under section 8 of the Act of June 16, 1936 (49 Stat. 1521), and section 1(b) of the Federal Aid Highway Act of 1938, as amended, in accordance with the provisions of said Acts, and this appropriation may be used for payment to contractors and other expenses in connection with the expenses of design, construction, and inspection pending reimbursement to the District of Columbia by the Bureau of Public Roads, Department of Commerce, reimbursement to be credited to the appropriation from which payment was made: Provided further. That the Commissioners are authorized to fix or alter the respective widths of sidewalks and roadways (including tree spaces and parking) of all highways that may be improved under appropriations contained in this Act: Provided further, That no appropriation in this Act shall be available for repairing, resurfacing, or paving any street, avenue, or roadway by private contract unless the specifications for such work shall be so prepared as to permit of fair and open competition in

52 Stat. 633. 23 USC 41b.

41 USC 5. 60 Stat. 810.

D. e. e o d e 8164.

D. e. C o d e? 604 note.

20 Stat. 106. D. e. e o d e 604.

7-

58 Stat. 838. 23 USC 60-63.

23 USC 24a. 23 USC 41b.

Widths o f sidew a l k s and roadways.

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