HOUSE 1616

By Mr. Honan of Winthrop, petition of Daniel J. Honan for exten- sion of rapid transit facilities in the East Boston district of the city of Boston. Transportation.

Cf)t CommontoealtJ) of SiassacJnisetts

In the Year One Thousand Nine Hundred and Thirty-Six.

An Act providing for the Extension of Rapid Transit Facilities in the East Boston District of the City of Boston. Be it enacted by the Senate and House of Repre- sentatives in General Court assembled, and by the authority of the same, as follows: 1 Section 1. The following words as used in this 2 act, unless the context otherwise requires, shall have 3 the following meanings: 4 “City” shall mean the city of Boston. 5 “Company” shall mean the Boston, Revere Beach 6 and Lynn Railroad Company, its successors and 7 assigns. 8 “Department” shall mean the department of pub- -9 lie utilities of the commonwealth of Massachusetts. 10 “Premises” shall mean the property authorized to 11 be acquired and constructed by the company, except 12 equipment, under the provisions of this act. 13 “Equipment” shall mean the property which the 2 HOUSE —No. 1616 [Mar.

14 company is authorized to acquire under the provi- -15 sions of this act.

1 Section 2. The company may construct an ex- -2 tension of the East Boston tunnel from the present 3 terminus of that tunnel at or near Maverick square 4 in that part of the city known as East Boston, through 5 and under Chelsea street, private land, land of the 6 Boston and Albany Railroad Company, bringing 7 said extension to the surface by an incline north of 8 Porter street, thence running substantially parallel 9 to the tracks of the Boston and Albany railroad, 10 thence along and over private land to the vicinity 11 of Neptune road, thence in an easterly direction 12 along and over private land to a connection with 13 the company’s present location at or near the junc- -14 tion of Moore and Cowper streets. The company 15 may acquire, lay out and construct, at or near Nep- -16 tune road, tracks and sheds for the storage, inspec- -17 tion and repair of trains and cars and may also lay 18 out and construct, at a location suitable for the pur- -19 pose, an enclosed transfer area and station for the 20 convenient interchange of passengers between trains 21 and cars. For the purpose of avoiding objectionable 22 curves or any practical or legal obstacle, the company 23 may vary or alter the route herein prescribed and may 24 for the purpose of carrying out the work herein au- -25 thorized, acquire, lay out and construct or alter ap- -26 proaches, sidings, bridges, viaducts, inclines, yards 27 and incidental railway structures.

1 Section 3. The company may provide, equip and 2 furnish the extension authorized by the preceding 3 section, including terminals, stations, shelters and 1936.] HOUSE — No. 1616. 3

4 enclosed areas, yards and structures appurtenant 5 thereto, with all necessary ballast, tracks, rails, fas- -6 tenings, frogs, switches, switch-stands, ties, tie plates, 7 wires, poles, signals, conduits, lighting and power 8 distribution systems, fences, barriers, station equip- -9 ment and incidental apparatus, and in general may 10 completely equip and furnish the same with all 11 proper appliances, apparatus, machinery, furniture 12 and fixtures proper and adapted thereto and neces- -13 sary for the convenient maintenance and operation 14 of a railroad therein and thereon, for the convenient 15 maintenance and operation of such type of service 16 as may from time to time be determined upon by 17 the company, in compliance with the preceding sec- -18 tion, and for the safety and accommodation of pas- -19 sengers using the same.

1 Section 4. The company may equip the extension 2 authorized by the preceding sections with broad gauge 3 tracks or rails and the equipment incidental and nec- -4 essary thereto and may acquire by purchase or other- -5 wise and operate over and upon said extension cars 6 or trains of such dimensions as may be suitable for 7 operation upon said extension and through the East 8 Boston tunnel from and to Maverick square to and 9 from Bowdoin square.

1 Section 5. The department shall, after hearing, 2 by order provide that the cars and trains authorized 3 to be acquired by the company under the preceding 4 section shall be operated through the East Boston 5 tunnel to and from Maverick square from and to Bow- -6 doin square by either the employees of the company or 7 of the Boston Elevated Railway Company as the de- 4 HOUSE —No. 1616. [Mar.

8 partment shall determine and upon such conditions 9 as to payment by the company for the privilege of 10 having said cars and trains so operated as the de- ll partment shall determine; or the department shall, 12 after hearing, by order provide that the cars and 13 trains now operated or which may from time to 14 time be operated by the Boston Elevated Railway 15 Company through said tunnel shall be operated by 16 either the employees of the Boston Elevated Rail- -17 way Company or the employees of the company 18 over and upon the extension authorized by section 19 two hereof, and upon such conditions as to pay- -20 ment by the company for the privilege of having 21 said cars and trains so operated as the department 22 shall determine. For the purpose of fully carrying 23 into effect this section, the department shall, after 24 hearing, make such general order as to the operation 25 of said cars and trains through said East Boston 26 tunnel and over and upon said extension in regard to 27 the daily time schedules of the trains and cars so 28 operated and the transfer of passengers to said trains 29 and cars from and to the lines of the Boston Ele- -30 vated Railway Company and the company as the 31 department shall determine to be most conducive to 32 the convenience and safety of the passengers upon 33 said lines. In determining the payments, if any, to 34 be made by the company in accordance with the 35 provisions of this section, the department shall take 36 into consideration all rental of said East Boston tun- -37 nel, the compensation for the operation of the cars 38 or trains of the company, if any, by the employees 39 of the Boston Elevated Railway Company, the use, 40 if any, by the company of the facilities of the East 41 Boston tunnel, and the volume of passengers deliv- 1936.] HOUSE —No. 1616. 5

42 ered by the company to the Boston Elevated Rail- -43 way Company in said East Boston tunnel, and by 44 the Boston Elevated Railway Company to the com- -45 pany because of such extension and the operation 46 thereof. The department may, after hearing, in 47 order to more fully carry out the intent and purpose 48 of this section five order that any lease or contract 49 or agreement for the use of the East Boston tunnel 50 now existing or hereafter entered into between the 51 Boston Elevated Railway Company and the Boston 52 metropolitan district or the city of Boston shall be 53 modified or cancelled upon such terms as the depart- -54 ment may determine and that in place thereof the 55 company shall enter into a lease, contract or agree- -56 ment with said district or the city of Boston or with 57 the Boston Elevated Railway Company for the use 58 of said tunnel upon such terms and conditions as the 59 department may determine.

1 Section 6. The company may, subject to the ap- -2 proval of the department, enter into all contracts 3 which may be necessary to fully carry out the pro- -4 visions of sections two, three, four and five hereof, 5 and upon such terms as to payment for construction, 6 equipment and land damages as the department may 7 determine. It may be provided in any one or more 8 of said contracts that payment by the company may 9 be made by an issue or issues of mortgage bonds of 10 the company, stock of the company and/or such 11 other securities of the company and in such amounts 12 as the department may approve.

1 Section 7. For the purposes of carrying out the 2 provisions of this act, the company may use public 6 HOUSE —No. 1616. [Mar.

3 ways and lands without compensation therefor and 4 may take by eminent domain under chapter seventy- -5 nine of the General Laws, Tercentenary Edition, and 6 acts in amendment thereof or in addition thereto, or 7 acquire by purchase or otherwise for and on behalf 8 of the company, lands in fee and easements, estates 9 and rights in land, including any and all lands, ease- -10 ments and rights owned by any railroad company, 11 and the right to go under or over the surface thereof 12 or through or under buildings or parts of buildings 13 thereon; and such taking in fee or otherwise may be 14 made whether the lands taken or otherwise affected 15 are held under or title derived under eminent do- -16 main or otherwise, and may be made for the purpose 17 of providing locations for pipes, wires, conduits and 18 other structures, the relocation of which is made nec- -19 essary or expedient by construction or changes au- -20 thorized by this act. The taking under this section 21 of an easement or other estate or right in a given 22 parcel of real estate, whether such parcel consists of 23 unimproved land or of land and buildings, may be 24 confined to a portion or section of such parcel fixed 25 by planes or other surfaces of division below, above, 26 or at the surface of the soil; and in such case no tak- -27 ing need be made of upper or lower portions or sec- -28 tions, except of such easements therein, if any, as 29 the company may deem necessary. For the purpose 30 of the construction or changes authorized by this 31 act, the company may enter upon and use the land 32 of others. Any person injured in his property by 33 such entry or use of his land by the company may 34 recover his damages under said chapter seventy-nine.

1 Section 8. The department may sell the build- -2 ings or other structures upon any lands acquired by 1936.] HOUSE —No. 1616. 7

3 it, or may remove the same; and may sell, if a sale 4 be practicable, or if not may lease, any lands or rights 5 or interest in lands or other property acquired for 6 the purposes of this act whenever the same shall, in 7 the opinion of the company, cease to be needed for 8 such purposes.

1 Section 9. Any person sustaining damage by I 2 reason of property or rights in property taken by 3 the company under authority of this act, except pub- -4 lie ways or lands, shall be entitled to recover the 5 same from the company under said chapter seventy- -6 nine. The officers, directors or employees of the 7 company shall not be liable personally for any such 8 damage.

1 Section 10. The department may order the re- -2 moval or relocation of any surface tracks and the 3 removal or relocation of any conduits, pipes, wires, 4 poles or other property located in public ways or 5 places which it deems to interfere with the construc- -6 tion or operation of the premises authorized by this 7 act or referred to thereunder, and shall grant new 8 locations for any such structures so removed or re- -9 located. Such orders, to the extent specified therein, 10 shall be deemed a revocation of the right or license 11 to maintain said tracks, conduits, pipes, wires, poles 12 or other property located in such public ways or 13 buildings, and the owner of any such structures shall * 14 comply with said orders without expense to the com- -15 pany. If any such owner shall fail to comply with 16 the said order of the department within a reasonable 17 time, to be fixed in the order, the company may dis- -18 continue and remove said tracks, conduits, pipes, 19 wires, poles or other property and may relocate the 8 HOUSE —No. 1616. [Mar.

20 same, and the cost of such discontinuance, removal 21 or relocation shall be repaid to the company by the 22 owner. No such discontinuance, removal or reloca- -23 tion shall entitle an owner of the property thus af- -24 fected to any damages on account thereof.

1 Section 11. Any gas or electric light company 2 may shut off the gas or current from any pipes or 3 wires affected by any acts done hereunder so far as 4 may be necessary to avoid danger of escape or ex- -5 plosion of gas, or other public danger.

1 Section 12. All work done under this act, under 2 or near public streets and places, shall be conducted, 3 so far as may be practicable, in such manner as to 4 leave such streets and places, or a reasonable part 5 thereof, open for traffic between the hours of seven 6 in the forenoon and six in the afternoon of each 7 secular day, except legal holidays.

1 Section 13. Coincidental with the commence- -2 ment of operation of cars and trains over and upon 3 the extension herein authorized, the company may, 4 subject to the approval of the department, discon- -5 tinue and abandon the operation of its ferry boats 6 between Boston and East Boston and the operation 7 of trains over that part of its line between East Boston 8 and the transfer point hereinabove referred to and 9 may abandon its Boston and East Boston terminals 10 and any station between East Boston and the trans- it fer point hereinabove referred to, and upon such 12 discontinuance and abandonment, the company may 13 sell any property, real, personal or mixed, no longer 14 necessary for the operation of its railroad, the use of 15 which has been so discontinued or abandoned. 1936.] HOUSE —No. 1616. 9

1 Section 14. No provision of any special or gen- -2 eral act shall apply to the construction or changes or 3 to the acquisition of equipment contemplated by 4 this act, or shall apply to the issuance of securities of 5 the company for the financing of such construction 6 or changes or acquisition of equipment.

1 Section 15. No contracts for the construction or I 2 changes or the acquisition of equipment contem- -3 plated by this act shall be binding upon either party 4 thereto until such contracts are approved in form 5 and substance by the department as herein provided, 6 and no work contemplated to be done under this 7 act shall be commenced until after such approval of 8 such contracts.

1 Section 16. This act shall take effect upon its 2 acceptance by the company by vote of its board of 3 directors and upon the filing of a certificate of such 4 acceptance with the state secretary; provided that 5 such acceptance and filing occurs during the current 6 year and provided that for the purpose of such ac- -7 ceptance and filing this act shall take effect upon its 8 passage.

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