Public Law 74–502

That so much of section 5 of an Act of Congress entitled “An Act to provide for a Union Railroad Station in the District of Columbia, and for other purposes”, approved February 28, 1903 (Public, Numbered 122, 32 Stat. 909), which reads:

“No streets or avenues, except Ninth, Twelfth, and Fifteenth Streets, and New York Avenue, shall be opened across the railroads constructed under authority of this Act between Florida and Montana Avenues, and said Ninth, Twelfth, and Fifteenth Streets, when and as opened, shall be carried above the railroads by suitable viaduct bridges, the cost whereof, with their approaches within the limits of the right-of-way, shall be paid by the terminal company, but shall be maintained as in the case of other public highways in the District of Columbia”, be, and the same is hereby, amended to read as follows:

“No streets or avenues shall be opened across the railroads constructed

Restriction on opening streets within designated area

under the authority of this Act between Florida Avenue and an extension of the west line of Twenty-second Street Northeast from Bryant Street to New York Avenue, except New York Avenue and except as hereinafter provided; the Baltimore and Ohio Railroad

Construction of viaduct bridges.

Company and the Philadelphia, Baltimore and Washington Railroad Company shall construct, within two years after being directed so to do by the Commissioners of the District of Columbia, a suitable viaduct bridge above the said railroads connecting Brentwood Road and T Street Northeast, with New York Avenue at such point as may be determined by the said Commissioners between Fourth Street Northeast and the extension of Mount Olivet Road Northeast, as the same may be shown on the plan of the permanent system of highways at the time the said Commissioners direct the construction of said viaduct bridge, said viaduct bridge either to connect directly with New York Avenue at grade or to pass over said avenue with connections thereto as the said Commissioners may direct; the Baltimore and Ohio Railroad Company

Construction costs.

and the Philadelphia, Baltimore and Washington Railroad Company shall pay in equal shares the entire cost and expense of the bridge structure, including the necessary retaining walls and approaches in connection therewith, between the southerly line of New York Avenue as now publicly owned, and the southerly line of Brentwood Road as now publicly owned; the Baltimore and Ohio

Dedication of necessary lands.

Railroad Company and the Philadelphia, Baltimore and Washington Railroad Company shall dedicate or cause to be dedicated to the District of Columbia such land lying between the southerly line of Brentwood Road and the northerly line of New York Avenue Northeast, as now publicly owned, as may be necessary for the location of such bridge structure and the approaches thereto in accordance with the plan of the permanent system of highways as said plan may be established at the time the Commissioners direct the construction of said viaduct bridge; the cost of maintenance of

Maintenance costs.

said viaduct bridge, retaining walls, and approaches is to be borne entirely by the District of Columbia; and said viaduct bridge,

Plans and specifications of construction.

retaining walls, and approaches shall be constructed in accordance with plans and specifications and at a location approved by the Commissioners of said District; and the Baltimore and Ohio Railroad

Subway.

Company and the Philadelphia, Baltimore and Washington Railroad Company shall construct, within two years after being directed so to do by the Commissioners of the District of Columbia, a suitable subway or underpass beneath the tracks of said companies within the lines of the street connecting the intersection of New York Avenue and West Virginia Avenue Northeast, as the same may be shown on said plan of the permanent system of highways at the time said Commissioners direct the construction of said subway or underpass; the said railroad companies shall pay in equal shares

Construction costs.

the entire cost and expense of the subway or underpass structure, including the necessary retaining walls in connection therewith, and in addition thereto, so much of the approaches to said subway or underpass as lie within the limits of the said railroad companies’ properties; each of said railroad companies shall dedicate or cause

Dedication of necessary lands.

to be dedicated to the District of Columbia such land lying within the limits of said railroad companies’ properties as may be necessary for said street in accordance with the plan of the permanent system of highways as said plan may be established at the time the Commissioners direct the construction of said subway or underpass; the

Maintenance costs.

cost of maintenance of said approaches is to be borne entirely by the District of Columbia; the cost of maintenance of said subway or underpass structure and the retaining walls is to be borne entirely

Plans and specifications of construction.

by said railroad companies; and the said subway or underpass and the retaining walls and approaches shall be constructed in accordance with the plans and specifications and at a location approved by the Commissioners of said District.”

Sec. 2.

Congress reserves the right to alter, amend, or repeal this Act.

Sec. 3.

If this amendatory Act or any part thereof shall be declared invalid, so much of this Act as forbids the opening of Ninth, Twelfth, and Fifteenth Streets shall be void, and the duty of the terminal company referred to in said Act of Congress approved February 28, 1903, to construct suitable viaduct bridges and the approaches thereto to carry said streets over the railroads as required by said section 5 of said Act of February 28, 1903, as originally enacted, shall remain in full force and effect and unimpaired by this amendatory Act.