Page:United States Statutes at Large Volume 70.djvu/695

 70 S T A T. ]

639

PUBLIC LAW 791-JULY 25, 1956

the District of Columbia: Provided, That in no case shall the obligation of the railroad company affected exceed 10 per centum of the total cost and expense of such project; '-(3) After construction, the cost of maintenance shall be wholly borne and paid in the case of highway overpasses by the District of Columbia, and in the case of highway underpasses by the railroad company, its successors and assigns, whose tracks are crossed; and "(4) The portions of such streets planned or projected as above which lie within a right-of-way belonging to such railroad company shall be dedicated by such company as a public thoroughfare when the portions of such street adjoining such right-of-way have been similarly dedicated or otherwise acquired." SEC. 2. (a) That section 3 of the Act of March 3, 1927 (44 Stat. 1353; sec. 7-1215, D. C. Code, 1951 edition) is amended by striking therefrom the word "steam". (b) So much of section 3 of such Act approved March 3, 1927, as reads: ^''Provided, That one-half of the total cost of constructing any viaduct or subway and approaches thereto shall in such case be paid by the railroad company, its successors or assigns, whose tracks are so crossed; and in the event the rights-of-way of two or more railroad companies are so crossed said half cost as herein provided shall be paid by the said railroad companies, their successors or assigns, in proportion to the widths of their respective land holdings, and all" is amended to read as follows: Provided, That the total cost of constructing any project for such viaduct or subway and approaches thereto shall be borne and paid as follows: "(1) The District of Columbia shall apply to the payment of the cost of such project all Federal aid highway-railway grade separation funds available for use by the District of Columbia at the time any such project is programed and all such funds which become available for use on such project by the District of Columbia during the construction of such projects; and "(2) If such Federal-aid highway-railway grade separation funds are insufficient to pay the cost of any siich project, the portion not so covered shall be paid one-half by the railroad company, its successors and assigns, whose tracks are crossed and one-half by the District of Columbia: Provided further, That in no case shall the obligation of the railroad company affected exceed 10 per centum of the total cost of such project: Provided further, That in the event the rights-of-way of two or more railroad companies are so crossed said half cost as herein provided shall be paid by the said railroad companies, their successors and assigns, in proportion to the widths of their respective landholdings, but the obligations of such companies shall not, in the aggregate, exceed 10 per centum of the cost of such project: Provided further, That after construction the cost of maintenance shall be wholly borne and paid in the case of highw^ay overpasses by the District of Columbia, and in the case of highway underpasses by the railroad company, its successors and assigns, whose tracks are crossed: Provided further, That in the event the rights-of-way of two or more railroad companies are so crossed, the cost of maintenance shall bs borne and paid in the case of highway underpasses by the said railroad companies, their successors and assigns, in proportion to the widtlis of their respective land holdings. All". Approved July 25, 1956,

Viaducts subways. Cost.

Payments.

and

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