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Volume 68 · 152

Public Law 83–376

To amend the Act of February 13, 1900 (31 Stat. 28), by approving existing railway installations and authorizing further railway installations on the batture in front of the Public Health Service hospital property in New Orleans, Louisiana.

Approved May 28, 1954

Statutory text

AN ACT

To amend the Act of February 13, 1900 (31 Stat. 28), by approving existing railway installations and authorizing further railway installations on the batture in front of the Public Health Service hospital property in New Orleans, Louisiana.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 1 of the Act of Congress approved February 13, 1900 (31 Stat. 28), granting permission and authority to the Orleans levee board to move, without cost to the United States, the existing line of levee in front of the Public Health Service hospital property in New Orleans, Louisiana, and for other purposes, be amended so as to read as follows:

“Section 1.

(a)

That permission and authority be, and they are

Moving of line of levee.

hereby, granted to the Orleans levee board to move, without cost to the United States, the existing line of levee in front of the United States Public Health Service hospital property in New Orleans, Louisiana, in the square bounded by State Street, Henry Clay Avenue, Tchoupitoulas Street, and the Mississippi River; said line of levee to be moved outwardly in the direction of said river to the new line of levee established

Extension of street through hospital property.

by the said Orleans levee board, and that the city of New Orleans be, and it is hereby, authorized to extend, lay out, open, and to keep open, through the said Public Health Service hospital property, the street known as Leake Avenue (Front Street), one hundred and ten feet wide, extending from Peniston Street to the upper limits of the city of New Orleans, a distance of about five miles, as provided for under ordinance of the city of New Orleans, numbered fifteen thousand and eighty, council series, approved March first, eighteen hundred and ninety-nine:

Limitations on use.

Provided, That in case the said city of New Orleans has granted, or shall grant, a right-of-way over said street to any railway company, corporation, firm, or person, or that said street shall be used for railway purposes, such grant, privilege, or use shall be upon condition that no part of said street within the limits of said Public Health Service hospital property (or within one thousand feet from the same) shall be used for depot purposes, or railroad yard, or for the purposes of switching, shifting, or parking cars, or making up or breaking up trains of cars, or for any other purpose than the ordinary transit, without stopping, of railway trains excepting, however, the stopping of cars by reason of the automatic interlocking located at the intersection of the tracks of the Illinois Central Railroad and the Public Belt Railroad Commission between Jefferson Avenue and Octavia Street when the

Location of inner line. etc.

crossing is occupied by opposing trains: And provided further, That the inner line of said Leake Avenue (Front Street) shall not be located at any point nearer than eight feet to the present iron fence enclosing the grounds of said Public Health Service hospital property; and the violation of any of the provisions of this Act shall, as to the person, company, railway company, municipal corporation, or other corporation so violating any of said provisions, cause a revocation of all rights and privileges given or granted by this Act.

“(b)

The existing railway side tracks and related rail facilities of

Public Belt Railroad Commission rail facilities.

the Public Belt Railroad Commission, the following described center lines of which are located within the area set forth in paragraph (a) hereof are hereby approved: as shown on Public Belt Railroad Plan No. A–14–57, revised July 6, 1953.

“(1)

A certain track designated as ‘Old Mengel Switch’, beginning at a point designated ‘E’ approximately fifteen feet riverward from Public Belt river main track, said point ‘E’ being one thousand feet in an upstream direction from the northeast corner of Henry Clay Avenue and Leake Avenue; thence by a line bearing approximately south forty- two degrees east, a distance of approximately forty-seven feet; thence by a twelve degree thirty minute curve to the left, a distance of approximately eighty feet; thence by a line approximately twenty-six feet riverward from and parallel to Public Belt river main track bearing approximately south fifty degrees east, a distance of approximately three hundred feet to point designated ‘F’, the end of the existing track, said point ‘F’ being approximately six hundred feet from the northeast corner of Henry Clay Avenue and Leake Avenue, measured along a straight line.

“(2)

A certain track designated as ‘number 1’, beginning at a point designated by the letter ‘G’, said point ‘G’ being on Public Belt river main track at a distance of approximately two hundred and seventy-eight feet upstream from the northwest corner of State Street and Leake Avenue, measured along a straight line; thence by a number 7 turnout and curve to the right, a distance of approximately ninety feet in a downstream direction; thence by a ten degree curve to the left, a distance of approximately two hundred and thirty feet in a downstream direction; thence by a line bearing approximately north eighty-nine degrees east, thirteen feet riverward from and parallel to Public Belt river main track, a distance of approximately nine hundred and sixty-five feet to point designated ‘H’, said point ‘H’ being one thousand feet in a downstream direction from northwest corner of State Street and Leake Avenue, measured along a straight line.

“(3)

A certain track designated as ‘number 2’, beginning at a point designated ‘J’, said point designated ‘J’ being on track number 1 approximately five hundred and thirty feet downstream from the northwest corner of State Street and Leake Avenue, measured along a straight line; thence by a number 7 turnout to the right, a distance of approximately seventy feet; thence by a line bearing approximately south eighty-two degrees east, a distance of approximately forty-eight feet; thence by a twenty-four degree thirty minute curve to the left, a distance of approximately forty-five feet; thence by a line approximately sixteen feet riverward from and parallel to track number 1 bearing approximately north eighty-nine degrees east, a distance of approximately two hundred feet; thence by a twenty-four degree thirty minute curve to the right, a distance of approximately sixty feet; thence by a line bearing approximately south seventy-nine degrees east, a distance of approximately fifty feet to point designated ‘K’, said point designated ‘K’ being one thousand feet downstream from the northwest corner of State Street and Leake Avenue, measured along a straight line.

“(4)

A certain track designated as ‘track number 3’, beginning at a point, designated by the letter ‘L’, said point ‘L’ being on aforesaid track number 2, at a point approximately eight hundred and twenty feet in a downstream direction from the northwest corner of State Street and Leake Avenue, measured along a straight line; thence by a number 5 turnout to the right, a distance of approximately fifty feet; thence by a line bearing approximately south seventy-nine degrees east, a distance of one hundred and twenty-five feet to a point designated ‘M’, said point ‘M’ being one thousand feet in a downstream direction from the northwest corner of State Street and Leake Avenue, measured along a straight line.

“(5)

A certain track designated as ‘track number 4’. beginning on track number 2 at a point designated by the letter ‘N’, said point ‘N’ being approximately seven hundred and fifty-six feet downstream from the northwest corner of State Street and Leake Avenue, measured along a straight line; thence by a number 5 turnout to the right, a distance of approximately fifty feet; thence by a line bearing approximately south seventy-nine degrees east, a distance of approxi-mately one hundred and ninety-two feet to point designated ‘O’, said point ‘O’ being one thousand feet in a downstream direction from the northwest corner of State Street and Leake Avenue, measured along a straight line.

“(6)

A certain track designated as ‘track number five’, beginning at a point on track number 2, designated by the letter ‘P’, said point ‘P’ being approximately six hundred and ninety feet in a downstream direction from the northwest corner of State Street and Leake Avenue, measured along a straight line; thence by a number 5 turnout to the right, a distance of approximately fifty feet; thence by a line bearing approximately south seventy-nine degrees east, a distance of approximately two hundred and fifty-eight feet to point designated ‘Q;’ said point ‘Q’ being one thousand feet in a downstream direction from the northwest corner of State Street and Leake Avenue, measured along a straight line.

“(7)

A certain track designated as ‘track number six’, beginning at a point on track number 1, designated by the letter ‘R’, said point ‘R’ being approximately one hundred and thirty feet from the northwest corner of State Street and Leake Avenue, measured in a southwesterly direction along a straight line; thence by a number 7 turnout to the right, a distance of approximately eighty feet in a downstream direction, thence by a ten degree curve to the left, a distance of approximately one hundred and thirty-eight feet; thence by a line approximately eighteen feet riverward from and parallel to track number 1 bearing approximately north eighty-nine degrees east, a distance of approximately three hundred and seventy feet; thence by a twelve degree thirty minute curve to the right a distance of approximately sixty-five feet; thence by a line bearing approximately south eighty-two degrees east, a distance of approximately three hundred twelve feet; thence by an eight degree curve to the right, a distance of approximately eighty-three feet; thence by a line bearing approximately south seventy-seven degrees east, a distance of approximately forty-two feet to point designated ‘S’, said point ‘S’ being one thousand feet in a downstream direction from the northwest corner of State Street and Leake Avenue, measured along a straight line.

“(8)

A certain track designated as ‘track number seven’, beginning at a point on track number 6, designated by the letter ‘T’, said point ‘T’ being approximately one hundred and thirty feet from the northwest corner of State Street and Leake Avenue, measured in a southeasterly direction along a straight line; thence by a number 7 turnout to the right, a distance of approximately ninety-two feet; thence by a twelve degree thirty minute curve to the left, a distance of approximately seventy-nine feet; thence by a line thirteen feet riverward from and parallel to track number 1, bearing approximately north eighty-nine degrees east, a distance of approximately two hundred and sixty feet; thence by a twelve degree thirty minute curve to the right, a distance of approximately sixty-three feet; thence by a line thirteen feet riverward from and parallel to track number 6 bearing south eighty-two degrees east, a distance of approximately two hundred and twenty feet; thence by an eight degree curve to the right, a distance of approximately eighty-five feet; thence by a line approximately nineteen feet riverward from and parallel to track number 6 bearing approximately south seventy-seven degrees east, a distance of approximately one hundred and twenty-eight feet to a point designated ‘U’, said point ‘U’ being one thousand feet in a downstream direction from the northwest comer of State Street and Leake Avenue, measured along a straight line.

“(c)

The Public Belt Railroad Commission is authorized to install

Installation of tracks.

two railway tracks and related railway facilities to serve the proposed Nashville Avenue wharf within the area described in paragraph (a) hereof, the center lines of which railway tracks are substantially as hereinafter described: Provided, That (1) the type of construction

Approval of track construction, etc.

and elevation of all tracks crossing the main line Mississippi River levee shall be subject to approval by the Corps of Engineers, United States Army, and (2) the switching of cars for the purpose of servicing the proposed Nashville Avenue wharf shall be permitted only between the hours of 6 o’clock antemeridian and 8 o’clock postmeridian.

“(1)

Beginning at the end of the existing Old Mengel Switch at point designated ‘F’, said point ‘F’ being approximately six hundred feet upstream from the northeast corner of Henry Clay Avenue and Leake Avenue, measured along a straight line; thence by a line bearing approximately south fifty degrees east, a distance of approximately three hundred and twenty feet; thence by a three degree curve to the left, a distance of approximately one hundred and eighteen feet; thence by a line bearing approximately south fifty-four degrees east, a distance of approximately one thousand two hundred and seventy feet; thence by a twelve degree thirty minute curve to the left, a distance of approximately one hundred and seventy feet; thence by a line bearing approximately south seventy-five degrees east, a distance of approximately ninety-two feet; thence by a twelve degree thirty minute curve to the left, a distance of approximately sixty-six feet; thence by a line seven feet cityward from and parallel to the rear apron of the proposed Nashville Avenue wharf. bearing approximately south eighty-three degrees east, a distance of approximately six hundred and forty feet to a point designated ‘V’, said point ‘V’ being one thousand feet in a downstream direction from the northwest corner of State Street and Leake Avenue, measured along a straight line.

“(2)

Beginning at a point on the proposed track to serve proposed Nashville Avenue wharf, previously described, at a point designated by the letter ‘W’, said point ‘W’ being approximately six hundred feet from the northwest corner of Leake Avenue and State Street, measured in a southerly direction along a straight line; thence by a number 7 turnout to the left, a distance of approximately eighty feet; thence by a line twenty feet cityward from and parallel to the rear apron of the proposed Nashville Avenue wharf bearing approximately south eighty-three degrees east, a distance of approximately seven hundred and twenty-five feet to a point designated ‘X’. said point ‘X’ being one thousand feet in a downstream direction from the northwest corner of State Street and Leake Avenue, measured along a straight line.”

Approved May 28, 1954.

Parsed from the official Statutes at Large USLM XML in 68.xml