Chapter 3. Bridges, Viaducts, and Subways.
§ 9–301. Control of bridges; exception.
The control of bridges, except the Aqueduct Bridge across Rock Creek, in the District of Columbia, is hereby conferred on the Mayor of the District of Columbia, and the Council of the District of Columbia is hereby required to make such proper regulations as it may deem necessary for the safety of the public using said bridges, and for the lighting and the police control of the same.
§ 9–302. Construction and repair of bridges over railway and canal rights-of-way.
Appropriations made after June 7, 1924, for the construction and repair of bridges shall be available for repairing, when necessary, any bridge carrying a public street over the right-of-way or property of any railway company, or for constructing, reconstructing, or repairing in such manner as shall in the judgment of the Mayor of the District of Columbia be necessary reasonably to accommodate public traffic, any bridge required to carry or carrying such traffic in a public street over the right-of-way or property of any canal company operating as such in the District of Columbia, on the neglect or refusal of such railway or canal company to do such work when notified and required by the Mayor, and the amounts thus expended shall be a valid and subsisting lien against the property of such railway company or of such canal company, and shall be collected from such railway company or from such canal company in the manner provided in § 9-401.01, and shall be deposited in the Treasury to the credit of the General Fund of the District of Columbia in the manner provided by law.
§ 9–303. Bridges across Rock Creek.
The entire cost of paving, repairs, or replacements incident to track repairs, replacements, or changes made at a time when the bridge is not being paved, and one-half the cost of other paving, repaving, or maintenance of paving between its track and for 2 feet outside the outer rails, and the excess cost of construction and maintenance of any bridge across Rock Creek due to the existence or installation by a street railway or railways of its or their tracks on such bridge shall be borne by the said railway company or companies, and shall be collected in the same manner as the cost of laying pavements between the rails and tracks of street railways as provided for in § 9-401.01. The amounts thus collected shall be deposited to the credit of the appropriation for the fiscal year in which they are collected.
§ 9–304. Pennsylvania Avenue Bridge.
The East Washington Heights Traction Railroad Company shall bear the cost of maintenance, construction, and repair of the Pennsylvania Avenue Bridge over the Anacostia River in like manner and under the same conditions as are provided by § 9-303.
§ 9–305. Anacostia Bridge.
The Anacostia and Potomac River Railroad Company shall pay the entire cost of the pavement between the exterior rails of its tracks on said bridge (the Anacostia Bridge) and for a distance of 2 feet from the said exterior rails of said tracks on each side thereof and the cost of the entire floor system supporting said pavement, to be collected in the same manner as the cost of laying pavements between the rails and tracks of street railways as provided for in § 9-401.01 and paid for each fiscal year into the Treasury of the United States to the credit of the General Fund of the District of Columbia; provided further, that any other railroad company on or after April 27, 1904, authorized by Congress to use said bridge shall have the right to use the tracks of the Anacostia and Potomac River Railroad Company thereon upon such reciprocal trackage and such compensation as may be mutually agreed upon, and in case of failure to reach such an agreement that the Superior Court of the District of Columbia shall, upon petition filed by either party, fix and determine the same. And after April 27, 1904, one-half of the cost of the maintenance and repairs of this bridge shall be borne by the said railway company or companies, and shall be collected in the same manner as the cost of laying pavements between the rails and tracks of street railways, and paid into the treasury, as provided for above. The entire cost of maintenance of such underfloor construction as may be necessary in order that the cars of said company may be propelled over said bridge by underfloor electrical conductors or cables shall, after March 3, 1905, be borne by said railroad company, and no cars shall be propelled across said bridge unless all electrical conductors or cables furnishing power for the propulsion of the same shall be placed under floor of said bridge.
§ 9–306. John Philip Sousa Bridge.
The bridge authorized to be erected over the Anacostia River, in the District of Columbia, in the line of Pennsylvania Avenue shall be, on and after March 7, 1939, known as the John Philip Sousa Bridge.
§ 9–307. Highway Bridge.
The jurisdiction and control of the Highway Bridge across the Potomac River, including appropriations and employees, shall be under the Mayor of the District of Columbia. The Highway Bridge shall be for highway traffic. The entire cost of paving, repairs, or replacements incident to track repairs, replacements, or changes made at a time when the bridge is not being paved, and one-half the cost of other paving, repaving, or maintenance of paving between its track and for 2 feet outside the outer rails, and the excess cost of construction and maintenance of the bridge due to the existence or installation of its tracks thereon shall be paid by the street railway company or companies using the same under such regulations as the Mayor of the District of Columbia shall prescribe; provided, that all street railroads chartered or that may hereafter be chartered by Congress shall have the right to cross said bridge upon terms mutually agreed upon with the Washington, Alexandria, and Mount Vernon Railway Company or in case of disagreement, upon terms determined by the United States District Court for the District of Columbia which is authorized and directed to give hearing to the interested parties and to fix the terms of joint trackage.
§ 9–308. Rochambeau Bridge.
The bridge built in lieu of the Long Bridge shall be for railroad purposes only and for 2 or more railway tracks. The Baltimore and Potomac Railroad Company shall maintain, and keep in repair said bridge at its own cost and expense, and shall maintain an efficient draw in said bridge, operating the same so as not to unnecessarily impede the free navigation of the Potomac River at any hour of the day or night, and shall give other railroad companies the right to pass over said bridge upon such reasonable terms as may be agreed upon between the companies or prescribed by Congress.
§ 9–309. Construction of power boats; exception; “power boats” defined.
(a) All tugboats using the Potomac River at the place or places where the same is spanned by the 2 certain bridges in said act provided for, namely the Railway Bridge and the Highway Bridge, are required to equip and fit, not later than July 1, 1909, all smokestacks thereof or other vertical projections with hinges or other mechanical device so as to permit the same to be lowered to the level of the top of the pilothouse of such boats; provided, that all such tugboats the pilothouse of which will not pass under such bridges may be exempted from the operations of the provisions hereof, upon application made to the Secretary of the Army and his approval thereof; provided further, that all tugboats after March 4, 1909, built or purchased, or not on said date actually engaged in business on the Potomac River at the places aforesaid, must have their dimensions approved by the Secretary of the Army before being permitted to use and operate the same on the Potomac River at the places above mentioned: And provided further, that the provisions hereof shall not apply to such tugboats as may, by reason of their structure, be able to pass under said 2 bridges, respectively, without the necessity of operating the draws thereof.
(b) The provisions of this section are applicable to “power boats,” meaning any boat, vessel, or craft propelled by machinery, whether the machinery be only principal or auxiliary power of propulsion.
§ 9–310. Monroe Street Bridge.
No street railway company shall use the viaduct or bridge or any approaches thereto authorized by the Act of July 3, 1930, to carry Monroe Street Northeast over the tracks of the Baltimore and Ohio Railroad Company, for its tracks until such company shall have paid to the Collector of Taxes of the District of Columbia a sum equal to one-fourth of the cost of such viaduct or bridge and approaches, which sum shall be paid to the Collector of Taxes for the District of Columbia for deposit to the credit of the District of Columbia.
§ 9–311. Francis Scott Key Bridge.
The jurisdiction or control of the Georgetown Bridge, to be known as the Francis Scott Key Bridge, across the Potomac River and approaches shall be under the Mayor of the District of Columbia. The said bridge shall be used as a highway for traffic, and for gas and water mains, power, telegraph and telephone wires or cables, and interurban railroads upon such conditions and for such compensation as may from time to time be prescribed by the Secretary of the Army; provided, that the Washington and Old Dominion Railway, using the Aqueduct Bridge on May 18, 1916, shall be permitted, with the approval of the Secretary of the Army, to change its location so as to cross with a double track the new bridge and approaches herein provided for, and to connect its railway, located in Arlington County, Virginia, and in the District of Columbia, with the tracks of said new bridge; and that all plans for such change are to be approved by the Secretary of the Army; and provided further, that a standard system of electric propulsion shall be installed by said railway on said new bridge, and no dynamo furnishing power to this portion of the road of said railway shall be in any manner connected with the ground, and that the cost of paving and maintaining in good condition between the tracks and 2 feet outside thereof shall be paid by said railway; and provided further, that any electric railway shall have the right to use said new bridge and the double track above described upon terms determined by the Secretary of the Army, who is hereby authorized and directed to hear the interested parties and to fix the terms of joint trackage.
§ 9–312. South Dakota Avenue Bridge.
No street railway company shall use the bridge authorized by the Act of March 3, 1917 (39 Stat. 1018), for its tracks until such company shall have paid to the Treasurer of the United States a sum equal to one-sixth of the total cost of said bridge, to the credit of the General Fund of the District of Columbia.
§ 9–313. Connecticut Avenue Bridge over Klingle Valley.
Any street railway company using the new Connecticut Avenue Bridge over Klingle Valley shall install thereon at its own expense an approved standard underground system and an overhead trolley system of street car propulsion, including trolley poles of approved design, and at its own expense shall thereafter maintain such underground and overhead construction and bear the cost of surfacing, resurfacing, and maintaining in good condition the space between the railway tracks and 2 feet exterior thereto, and shall defray the cost of excess construction occasioned by such use.
§ 9–314. Benning Bridge.
One-fifth of the cost of constructing the said bridge (in line of Benning Road over the Anacostia River) and approaches shall be borne and paid by the Washington Railway and Electric Company, its successors and assigns, to the Collector of Taxes of the District of Columbia, to the credit of the District of Columbia, and the same shall be a valid and subsisting lien against the franchises and property of the said railway company and shall constitute a legal indebtedness of said company in favor of the District of Columbia, and the said lien may be enforced in the name of the District of Columbia by a bill in equity brought by the Mayor of the District of Columbia in the Superior Court of the District of Columbia, or by any other lawful proceeding against the said railway company; provided further, that after the completion of said bridge and approaches authorized by the act of June 29, 1932 (47 Stat. 355) no street railway company shall use said bridge or approaches until the said company shall have paid to the Collector of Taxes of the District of Columbia a sum equal to one-fifth of the cost of said bridge and approaches, which sum shall be paid to the Collector of Taxes of the District of Columbia for deposit to the credit of the District of Columbia.
§ 9–315. Fern and Varnum Streets and Eastern Avenue Viaducts.
The viaducts and approaches thereto, to carry Fern and Varnum Streets over the tracks and right-of-way of the Baltimore and Ohio Railroad Company or the viaduct and approaches thereto to carry Eastern Avenue over the tracks and rights-of-way of the Philadelphia, Baltimore and Washington Railroad Company and the Baltimore and Ohio Railroad Company shall not be used by any street railroad company until said Companies shall have paid to the Collector of Taxes of the District of Columbia, a sum equal to one-fourth of the total cost of constructing said viaducts and approaches, to be applied to the credit of the District of Columbia. No limitation shall run against claims made by the District of Columbia under the provisions of this section.
§ 9–316. Certain grade crossings to be closed after completion of Fern Street Viaduct.
From and after the completion of the viaduct and approaches to carry Fern Street over the tracks and right-of-way of the Metropolitan branch of the Baltimore and Ohio Railroad Company, the highway grade crossing over the tracks and right-of-way of the said Baltimore and Ohio Railroad Company at Chestnut Street shall be forever closed against further traffic of any kind; and from and after the completion of the viaduct and approaches to carry Varnum Street over the tracks and right-of-way of the Metropolitan branch of the Baltimore and Ohio Railroad Company, the highway grade crossing over the tracks and right-of-way of the said railroad company at Bates Road shall be forever closed against further traffic of any kind, and from and after the completion of the viaduct and approaches to carry Eastern Avenue over the tracks and right-of-way of the Philadelphia, Baltimore and Washington Railroad Company and the Baltimore and Ohio Railroad Company, the highway grade crossing over the tracks and rights-of-way of the said railroad companies at Quarles Street, shall be forever closed against further traffic of any kind.
§ 9–317. Van Buren Street Subway.
No street railway company shall use the subway and approaches to carry Van Buren Street under the tracks and right-of-way of the Metropolitan branch of the Baltimore and Ohio Railroad Company for its tracks until said Company shall have paid to the Collector of Taxes of the District of Columbia a sum equal to one-fourth of the total cost of said subway and approaches, to be applied to the credit of the District of Columbia.
§ 9–318. Grade crossing at Lamond closed.
The highway grade crossing formerly over the tracks and right-of-way of the Metropolitan branch of the Baltimore and Ohio Railroad Company at Lamond shall be forever closed against further traffic of any kind.
§ 9–319. Cedar Street Subway.
No street railway company shall use the subway herein authorized (to carry Cedar Street under the tracks of the Baltimore and Ohio Railroad Company) for its tracks until such company shall have paid to the Treasurer of the United States a sum equal to one-fourth of the total cost of said subway and bridge, to the credit of the General Fund of the District of Columbia.
§ 9–320. Michigan Avenue Viaduct — Construction; cost; highway grade closed.
The Mayor of the District of Columbia is authorized and directed to construct a viaduct and approaches to eliminate the crossing at grade of Michigan Avenue and the tracks and right-of-way of the Baltimore and Ohio Railroad Company, said viaduct to be constructed north of the present line of Michigan Avenue as may be determined by the Mayor of the District of Columbia in accordance with plans and profiles of said works to be approved by the said Mayor; provided, that one-half of the total cost of constructing the said viaduct and approaches shall be borne and paid by the said railroad company, its successors and assigns, to the Collector of Taxes of the District of Columbia to the credit of the District of Columbia, and the same shall be a valid and subsisting lien against the franchises and property of the said railroad company and shall constitute a legal indebtedness of said company in favor of the District of Columbia, and the said lien may be enforced in the name of the District of Columbia by a bill in equity brought by the said Mayor in the Superior Court of the District of Columbia, or by any other lawful proceeding against the said railroad company; provided further, that from and after the completion of the said viaduct and approaches the highway grade crossing over the tracks and right-of-way of the said Baltimore and Ohio Railroad Company in line of present Michigan Avenue shall be forever closed against further traffic of any kind.
§ 9–321. Michigan Avenue Viaduct — Use by street railway companies.
No street railway company shall use the viaduct or any approaches thereto authorized by § 9-320 for its tracks until the said company shall have paid to the Collector of Taxes of the District of Columbia a sum equal to one-fourth of the cost of said viaduct and approaches, which sum shall be deposited to the credit of the District of Columbia.
§ 9–322. Highway grade crossing at Michigan Avenue closed.
From and after the completion of the said viaduct and approaches, the highway grade crossing over the tracks and the right-of-way of the said Baltimore and Ohio Railroad Company at Michigan Avenue in the District of Columbia shall be forever closed against further traffic of any kind.
§ 9–323. Subway under Baltimore and Ohio tracks in vicinity of Chestnut Street, Fern Place, and Piney Branch Road.
One-half of the total cost of constructing a subway under the tracks and right-of-way of the Baltimore and Ohio Railroad Company in the vicinity of Chestnut Street or of the intersection of Fern Place and Piney Branch Road, extended, and thereafter the cost of maintaining the structure within the limits of its right-of-way shall be borne and paid by the said Baltimore and Ohio Railroad Company, its successors and assigns, to the Collector of Taxes of the District of Columbia for the deposit to the credit of the District of Columbia, and the same shall be a valid and subsisting lien against the franchises and property of the said railroad company, and shall constitute a legal indebtedness against the said railroad company in favor of the District of Columbia, and said lien may be enforced in the name of the District of Columbia by a bill in equity brought by the Mayor of the District of Columbia in the Superior Court of the District of Columbia, or by any other legal proceeding against the said railroad company; provided, that from and after the completion of the said subway and approaches, the highway grade crossing over the tracks and right-of-way of the said Baltimore and Ohio Railroad Company at Chestnut Street shall be forever closed against further traffic of any kind.
§ 9–324. Calvert Street Bridge.
Any street railway company using the bridge constructed to replace the Calvert Street Bridge over Rock Creek, as authorized by the Act of June 16, 1933 (48 Stat. 229, ch. 93) shall install thereon, at its own expense, an approved underground system of streetcar propulsion and, at its own expense, shall thereafter maintain such underground construction, and bear the cost of surfacing and resurfacing and maintaining in good condition the space between the railway tracks and 2 feet exterior thereto as provided by law, and shall defray the cost of excess construction occasioned by such use including the relocation and construction of closed plow pits at the west approach to the bridge in accordance with plans to be approved by the Mayor of the District of Columbia.
§ 9–325. Francis Case Memorial Bridge.
The bridge crossing the Washington Channel of the Potomac River on Interstate Route 395, approximately 100 yards downstream from the outlet gate of the Tidal Basin, near the intersection of the extension of 13th and G Streets Southwest, shall be known and designated as the “Francis Case Memorial Bridge.” Any law, regulation, map, document, record, or other paper of the United States or of the District of Columbia in which such bridge is referred to shall be held to refer to such bridge as the “Francis Case Memorial Bridge.”
§ 9–326. Washington Channel Bridge.
(a) The Secretary of the Interior is hereby authorized to provide for the construction, maintenance, and operation of a bridge, with visitor facilities, over the Washington Channel, from the vicinity of 10th Street Southwest to East Potomac Park in Washington, District of Columbia. The structure may be so designed and constructed as to provide facilities for the accommodation of visitors to the Nation’s Capital area, and to provide convenient and adequate access to East Potomac Park.
(b) The Secretary may obtain and use such lands or interests therein owned, controlled, or administered by the District of Columbia, the District of Columbia Redevelopment Land Agency, the Corps of Engineers, or any other Government agency, with the prior consent of such agency or agencies, as he shall consider necessary for the construction and operation of said bridge, without cost or reimbursement. Before construction is commenced, the location and plans for the bridge shall be approved by the Chief of Engineers and the Secretary of the Army subject to such conditions as they may prescribe, in accordance with § 525(b) of Title 33, United States Code.
(c) The Secretary is authorized to enter into appropriate arrangements for the construction and operation of the bridge in accordance with the authority contained in § 3 [repealed] of Title 16, United States Code, as amended, except that any such arrangements need not be limited to a maximum term of 30 years. The bridge, at all times, shall be under the jurisdiction of the Secretary of the Interior, and shall be administered, operated, maintained, and policed as a part of the park system of the National Capital.
(d) The Secretary of the Interior shall cooperate with other federal and local agencies with respect to the construction and operation of the bridge by him and the construction and operation of associated facilities by such other federal and local agencies including the District of Columbia Redevelopment Land Agency which shall enter into appropriate arrangements by negotiation or public bid to: (1) lease all or part of the land bounded by Maine Avenue, Ninth Street and the Southwest Freeway, Southwest, to provide for the construction, maintenance and operation of a structured automobile parking facility designed to accommodate visitors to East Potomac Park; and (2) provide for the construction of: (A) a public park or overlook, which park is to be maintained and operated by the National Park Service; and (B) roads providing access to the 10th Street Mall from the Southwest Freeway and to and from 9th Street, Southwest, which roads shall be maintained and operated by the District of Columbia. Any lease of the aforementioned area, executed by the District of Columbia Redevelopment Land Agency, shall provide appropriate easements for the construction, maintenance and operation of the aforesaid public park and roadways. Local agencies may enter into arrangements with the person, persons, corporation or corporations, as the Secretary may select pursuant to subsection (c) of this section for the construction and operation of necessary associated facilities otherwise authorized.
(e)(1) There is hereby established an Advisory Committee, which shall be composed of the Chairman, National Capital Planning Commission; the Chairman, Commission of Fine Arts; the Commissioner of the District of Columbia; the Chief of Engineers, United States Army; the Chairman, District of Columbia Redevelopment Land Agency; and 3 members to be appointed by the Secretary of the Interior from among the residents of the Metropolitan Washington area. The ex-officio members of the Committee may be represented by their designees.
(2) Members of the Committee shall serve without compensation, but the Secretary is authorized to pay any expenses reasonably incurred by the Committee in carrying out its responsibilities under this section.
(3) The Secretary shall designate 1 member of the Committee to be Chairman. The Committee shall act and advise by the affirmative vote of a majority of its members.
(4) The Secretary or his designee shall, from time to time, consult with and obtain the advice of the Committee with respect to matters relating to the design, construction, and operation of the bridge and any associated facilities.
(f) The construction and operation of the bridge shall be at no expense to the federal government, and there are hereby authorized to be appropriated such sums as may be necessary for maintenance of the bridge and to carry out the other purposes of this section.
