Volume 69 · 724

Public Law 84–389

To amend the joint resolution entitled “Joint resolution to authorize the merger of street-railway corporations operating in the District of Columbia, and for other purposes”, approved January 14, 1933, and for other purposes.

Approved August 14, 1955

Statutory text

AN ACT

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

That it is hereby declared that the business of mass transportation of persons for hire in the District of Columbia is clothed with a public interest and is essential to the proper functioning of the Government of the United States and the government of the District of Columbia. The continuous, uninterrupted, and proper functioning of such business in the District of Columbia is hereby declared to be essential to the welfare, health, and safety of the public, including the civilian and military personnel of the Government of the United States located in the District of Columbia and the metropolitan area of Washington. It is declared to be necessary in the public interest to repeal the franchise of the Capital Transit Company and grant the Commissioners of the District of Columbia the authority hereinafter set forth.

Sec. 2.

The joint resolution entitled “Joint resolution to authorize the merger of street-railway corporations operating in the District of Columbia, and for other purposes”, approved January 14, 1933 (47 Stat. 752), as amended, is amended by adding at the end thereof the following section:

“Sec. 14.
The charter and all rights of franchise of the Capital Transit Company created by this resolution are hereby repealed in accordance with the terms of section 13 hereof.”
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Sec. 3.

The Commissioners of the District of Columbia may authorize (including authorization under such contractual agreements as may be necessary) such public transportation, during the year following the date of enactment of this Act, within the District of Columbia as may be necessary for the convenience of the public. Such transportation shall be furnished to the public at such rates and under such terms and regulations as may be recommended by the Public Utilities Commission, and approved by the Commissioners of the District of Columbia, for the purpose of providing a satisfactory system of public transportation within the District of Columbia during the year following the date of the enactment of this Act.

Any contract entered into under the authority of subsection (a) of this section with the Capital Transit Company shall provide—

that salaries of officers of the Capital Transit Company in effect on July 1, 1955, will be continued in effect during the term of said contract;

that in the event increased wages and benefits are accorded employees under such contract, appropriate increases may also be granted salaried employees other than company officers, subject to the approval of the Commissioners of the District of Columbia; and

that if, at the end of the period of said contract, the operating revenues derived by such company from the operation of its properties in utility service for the convenience of the public have not been sufficient to meet the cost of operation during the period of such contract, including but not limited to depreciation and all taxes, but not including any return on investment, the District of Columbia shall pay Capital Transit Company the amount of such deficiency: Provided, That such deficiency during said period shall be determined in accordance with the accounting practices now prescribed by the Public Utilities Commission, but the said deficiency shall not include any allowance for amortization of such company’s property for obsolescence or loss to such company by reason of the termination of its franchise: Provided further, That such deficiency shall not exceed the increased labor costs approved by the Commissioners for the contract period and that this deficiency shall be further reduced by the increased income derived by such company from any fare increase which may be granted by the Public Utilities Commission as a direct offset to the increased labor costs.

Sec. 4.

The Commissioners of the District of Columbia may, with

Maryland.

the approval of the Public Service Commission of the State of Maryland, exercise any of the powers granted in this Act within the portion of the State of Maryland which is provided with public transportation by the Capital Transit Company (including subsidiaries).

Sec. 5.

Nothing in this Act shall affect the right of Capital Transit

Potomac Electric Co.

Company or its successors in interest to continue railroad service to the Potomac Electric Power Company as currently performed by the East Washington Railway Company, nor shall it affect its present rights with relation thereto.

Sec. 6.

There are hereby authorized to be appropriated, out of any

Appropriation.

money in the Treasury to the credit of the District of Columbia not otherwise appropriated, such amounts as may be necessary, if any, over and above the revenues received from operations herein provided for, to carry out the provisions of this Act.

Sec. 7.

Effective as of the date of the termination of the charter and

Removal of properties and facilities.

all rights of franchise of the Capital Transit Company as provided for in section 2 of this Act, such company shall, upon the order of the Commissioners of the District of Columbia, remove from the streets and highways at its own expense all of its properties and facilities and shall thereupon restore such streets and highways in accordance with the provisions of the Act of July 1, 1941 (55 Stat. 499).

Sec. 8.

If any provision contained in this Act be declared invalid,

Separability.

such invalidity shall not be deemed to affect or impair the validity of the remainder or of any other part of this Act.

Approved August 14, 1955.