540Corporate powers

specified .

Annual reports ofproceedings, etc ., notprinted as public docu-ments .

Amendment, etc .

June 10, 1930 .[H . R . 9806 .]

[Public, No. 330 .]

Bridges.

Columbia River.J . C . Tenbrook, as

mayor of Astoria, Oreg .,may bridge .

Construction .Vol . 34, p . 84.

Rights to acquire realestate, ete., for location,approaches, etc .

Condemnation pro-ceedings .

Tolls authorized .

Vol. 34, p . 85 .

SEVENTY-FIRST CONGRESS. SEss . IL CHs. 440, 441 . 1930.

SEC. 4. The corporation-(a) Shall have perpetual succession ;(b) May sue and be sued ;(c) May adopt a corporate seal and alter it at pleasure ;

((d) May adopt and alter by-laws ;e) May appoint officers and agents ;(f) May acquire by purchase, devise, bequest, gift, or otherwise,

and hold, encumber, convey, or otherwise dispose of, such real andpersonal property as may be necessary or appropriate for its corpo-rate

fund! ;

oses ;(g May invest and reinvest the principal and interest of its

funds ; and(h) Generally, may do any and all lawful acts necessary or

appropriate to carry out the purposes for which the corporation iscreated.

SEC. 5. The corporation shall, on or before the 1st day of Decem-ber in each year, transmit to Congress and to the President a reportof its proceedings and activities for the preceding calendar Year,including a detailed statement of its receipts and expenditures . Suchreports shall not be printed as public documents .SEC. 6. The right to alter, amend, or repeal this Act is hereby

expressly reserved.Approved, June 10, 1930 .

CHAP. 441 .-An Act To authorize the construction of certain bridges andto extend the times for commencing and completing the construction of otherbridges over the navigable waters of the United States .

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

COLUMBIA RIVER AT ASTORIA, OREGON

SECTION 1. (a) That in order to facilitate interstate commerce,improve the postal service, and provide for military and other pur-poses J. C. Tenbrook, as mayor of Astoria, Oregon, his successorsin office and assigns, be, and is hereby, authorized to construct, main-tain, and operate a bridge and approaches thereto across the Colum-bia River, at a point suitable to the interests of navigation, at ornear Astoria, Oregon, in accordance with the provisions of the Actentitled "An Act to regulate the construction of bridges over navi-gable waters," approved March 23, 1906, and subject to the condi-tions and limitations contained in this Act.

(b) There is hereby conferred upon J. C. Tenbrook, as mayor ofAstoria, Oregon, his successors in office and assigns, all such rightsand powers to enter upon lands and to acquire, condemn, occupy,possess, and use real estate and other property needed for the loca-tion, construction, operation, and maintenance of such bridge andits approaches as are possessed by railroad corporations for railroadpurposes or by bridge corporations for bridge purposes in the Statein which such real estate or other property is situated, upon makingjust compensation therefor, to be ascertained and paid according tothe laws of such State, and the proceedings therefor shall be thesame as in the condemnation or expropriation of property for publicpurposes in such State .

(c) The said J . C. Tenbrook, as mayor of Astoria, Oregon, hissuccessors in office and assigns, is hereby authorized to fix andcharge tolls for transit over such bridge, and the rates of toll sofixed shall be the legal rates until changed by the Secretary of Warunder the authority contained in the Act of March 23, 1906 .

SEVENTY-FIRST CONGRESS . SEss. II. Cia. 441 . 1930 .

541

(d) After the completion of such bridge, as determined by the Acquisition author-ized, after completion,Secretary of War, either the State of Oregon, the State of Wash- by Oregon, washing-

ington, any public agency or political subdivision of either of such ton, etc'

States, within or adjoining which any part of such bridge is located,or any two or more of them jointly, may at any time acquire andtake over all right, title, and interest in such bridge and itsapproaches, and any interest in real property necessary therefor, b~purchase or by condemnation or expropriation, in accordance witilthe laws of either of such States governing the acquisition of pri-vate property for public purposes by condemnation or expropriation .If at any time after the expiration of twenty years after the com- Compensation, if ac-

quired by condemn-pletion of such bridge the same is acquired by condemnation or expro- tion .

priation, the amount of damages or compensation to be allowed shallnot include good will, going value, or prospective revenues or profits,but shall be limited to the sum of (1) the actual cost of constructing Limitations.such bridge and its approaches, less a reasonable deduction for actualdepreciation in value ; (2) the actual cost of acquiring such inter-ests in real property ; (3) actual financing and promotion costs, notto exceed 10 per centum of the sum of the cost of constructing thebridge and its approaches and acquiring such interests in real prop-ert ; and (4) actual expenditures for necessary improvements .

(e) If such bridge shall at any time be taken over or acquiredetcooperation State,by the States or public agencies or political subdivisions thereof, or

by either of them, as provided in section 1 (d) of this Act, and iftolls are thereafter charged for the use thereof, the rates of toll shall

erates applied tfnna,be so adjusted as to provide a fund sufficient to pay for the reasonable etc.

cost of maintaining, repairing, and operating the bridge and itsapproaches under economical management, and to provide a sinkingfund sufficient to amortize the amount paid therefor, including rea-sonable interest and financing cost, as soon as possible under reason-able charges, but within a period of not to exceed twenty years fromthe date of acquiring the same . After a sinking fund sufficient for bngintenates free

such amortization shall have been so provided such bridge shall there- tizing costs.

after be maintained and operated free of tolls, or the rates of tollshall thereafter be so adjusted as to provide a fund of not to exceedthe amount necessary for the proper maintenance, repair, and opera-tion of the bridge and its approaches under economical management ..An accurate record of the amount paid for acquiring the bridge andits approaches, the actual expenditures for maintaining, repairing,

tures and ro fexpendi .

and operating the same, and of the daily tolls collected, shall be keptand shall be available for the information of all persons interested .

(f) The said J. C. Tenbrook as mayor of Astoria Oregon, his Sworn statement ofconstruction costs, etc .,successors in office and assigns, shall within ninety days after the to be filed after comple-

completion of such bridge file with the Secretary of War and with the tion.

Highway Departments of the States of Oregon and Washington, asworn itemized statement showing the actual original cost of con-structing the bridge and its approaches, the actual cost of acquiringany interest in real property necessary therefor, and the actualfinancing and promotion costs. The Secretary of War may, and a mi n by see-awaupon request of the highway department of either of such Statesshall, at any time within three years after the completion of suchbridge, investigate such costs and determine the accuracy and thereasonableness of the costs alleged in the statement of costs so filed,and shall make a finding of the actual and reasonable costs of con-structing, financing, and promoting such bridge ; for the purpose ofsuch investigation the said J . C. Tenbrook, as mayor of Astoria, Ore-gon, his successors in office and assigns, shall make available all of hisrecords in connection with the construction, financing, and promotion Findings of Secretarythereof. The findings of the Secretary of War as to the reasonable conclusive .

542

SEVENTY-FIRST CONGRESS . SEss . II. Cs. 441 . 1930 .

costs of the construction, financing, and promotion of the bridgeshall be conclusive for the purposes mentioned in section 1 (d) of thisAct, subject only to review in a court of equity for fraud or grossmistake.

(g) The right to sell, assign, transfer, and mortgage all the rights,powers, and privileges conferred by this Act is hereby granted toJ. C. Tenbrook, as mayor of Astoria, Oregon, his successors in officeand assigns, and any corporation to which or any person to whomsuch rights, powers, and privileges may be sold, assigned, or trans-ferred, or who shall acquire the same by mortgage foreclosure orotherwise, is hereby authorized and empowered to exercise the sameas fully as though conferred herein directly upon such corporationor person.

Mississippi River.

MISSISSIPPI RIVER AT SAVANNA, ILLINOIS

C. N .

brig andothers,

SEC. 2. (a) That in order to facilitate interstate commerce sm-may bridge, atsavanna. Illy prove the postal service, and provide for military and other purposes,

C. N. Jenks, F . J. Stransky, L. H. Miles, John Grandy, and Bruce.Machen, their heirs, legal representatives, and assigns, be, and arehereby, authorized to construct, maintain, and operate a bridge andapproaches thereto across the Mississippi River at a point suitable

Construction.

to the interests of navigation, at or near Savanna, Illinois, in accord-Vol . 34, p. 84. ance with the provisions of the Act entitled "An Act to regulate the

construction of bridges over navigable waters," approved March 23,1906, and subject to the conditions and limitations contained in thisAct .

estaRi

tote,etc.,frgoca real (b) There is hereby conferred upon C . N. Jenks, F. J. Stransky,

approaches, etc. L. H. Miles, John Grandy, and Bruce Machen, their heirs, legalrepresentatives, and assigns, all such rights and powers to enter uponlands and to acquire, condemn, occupy, possess, and use real estateand other property needed for the location, construction, operation,and maintenance of such bridge and its approaches as are possessedby railroad corporations for railroad purposes or by bridge corpora-tions for bridge purposes in the State in which such real estate orother property is situated, upon making just compensation therefor,to be ascertained and paid according to the laws of such State, and

Condemnation pro- the proceedings therefor shall be the same as in the condemnation orceedings .

expropriation of property for public purposes in such State .Tolls authorized . (c) The said C. N. Jenks, F . J. Stransky, L. H. Miles, John

Grandy, and Bruce Machen, their heirs, legal representatives, andassigns, as hereby authorized to fix and charge tolls for transitover such bridge and the rates of toll so fixed shall be the legal rates

Vol . 34, p. se .

until changed by the Secretary of War under the authority containedin the Act of March 23, 1906 .

ized, afterAcquisition

completion,author-

(d) After the completion of such bridge, as determined by theby Illinois, Iowa, etc. Secretary of War, either the State of Illinois, the State of Iowa, any

public agency or political subdivision of either of such States, withinor adjoining which any part of such bridge is located, or any twoor more of them jointly, may at any time acquire and take over allright, title, and interest in such bridge and its approaches, and any

Condemnation pro- interest in real property necessary therefor, by purchase or by con-ceedmgs .

demnation or expropriation, in accordance with the laws of either ofsuch States governing the acquisition of private property for public

Compensation if ac- purposes by condemnation or expropriation . If at any time after4uired by condemna-tion. the expiration of ten years after the completion of such bridge the

same is acquired by condemnation or expropriation, the amount ofdamages or compensation to be allowed shall not include good will,

Limitations.

going value, or prospective revenues or profits, but shall be limitedto the sum of (1) the actual cost of constructing such bridge and

Right to sell, etc.,conferred .

SEVENTY-FIRST CONGRESS . SESS. II. CH. 441 . 1930 .

543

its approaches, less a reasonable deduction for actual depreciationin value ; (2) the actual cost of acquiring such interests in realproperty ; (3) actual financing and promotion costs, not to exceed 10per centum of the sum of the cost of constructing the bridge and itsapproaches and acquiring such interests in real property ; and (4)actual expenditures for necessary improvements .

(e) If such bridge shall be taken over or acquired by the States etc, opent ocher State,

or public agencies or political subdivisions thereof, or by either ofthem as provided in section 2 (d) of this Act, and if tolls are there-after charged for the use thereof, the rates of toll shall be so adjusted erRates

appliedsinking d,

as to provide a fund sufficient to pay for the reasonable cost of main- etc •

taining, repairing, and operating the bridge and its approachesunder economical management and to provide a sinking fund suffi-cient to amortize the amount paid therefor, including reasonableinterest and financing cost, as soon as possible under reasonablecharges, but within a period of not to exceed twenty years from thedate of acquiring the same . After a sinking fund sufficient for such Maintenance as free

bridge, etc , after amor-amortization shall have been so provided, such bridge shall there- tizing costs .

after be maintained and operated free of tolls, or the rates of tollshall thereafter be so adjusted as to provide a fund of not to exceedthe amount necessary for the proper maintenance, repair, and opera-tion of the bridge and its approaches under economical management .An accurate record of the amount paid for acquiring the bridg , and tares and

Recordreceipts .eipts .

its approaches, the actual expenditures for maintaining, repairing,and operating the same, and of the daily tolls collected, shall bekept and shall be available for the information of all personsinterested .

f) C. N. Jenks, F . J. Stransky, L. H. Miles, John Grandy, and sworn statement of(

construction costs, etc .,Bruce Machen, their heirs, legal representatives, and assigns, shall, toe be led, after com-

within ninety days after the completion of such bridge, file with theSecretary of War and with the highway departments of the Statesof Illinois and Iowa a sworn itemized statement showing the actualoriginal cost of constructing the bridge and its approaches, the actualcost of acquiring any interest in real property necessary therefor,and the actual financing and promotion costs . The Secretary of War ieExamination, by sec.

may, and upon request of the highway department of either of suchStates shall, at any time within three years after the completion ofsuch bridge, investigate such costs and determine the accuracy andthe reasonableness of the costs alleged in the statement of costsso filed, and shall make a finding of the actual and reasonable costsof constructing, financing, and promoting such bridge ; for the pur-pose of such investigation the said C . N. Jenks, F. J. Stransky,L. H. Miles, John Grandy, and Bruce Machen, their heirs, legalrepresentatives, and assigns, shall make available all of their recordsin connection with the construction, financing, and promotionthereof. The findings of the Secretary of War as to the reasonable oo i ndsnesofSecretarycosts of the construction, financing, and promotion of the bridge shallbe conclusive for the purposes mentioned in section 2 (d) of this Act,subject only to review in a court of equity for fraud or gross mistake .

(g) The right to sell, assign, transfer, and mortgage all the rights, conaredto sell, etc .,

powers, and privileges conferred by this Act is hereby granted toC. N. Jenks, F . J. Stransky, L. H. Miles, John Grandy, and BruceMachen, their heirs, legal representatives, and assigns ; and anycorporation to which or any person to whom such rights, powers,and privileges may be sold, assigned, or transferred, or who shallacquire the same by mortgage foreclosure or otherwise, is herebyauthorized and empowered to exercise the same as fully as thoughconferred herein directly upon such corporation or person .

544

SEVENTY-FIRST CONGRESS. SEss. II. CH. 441 . 1930 .

Missouri River.

MISSOURI RIVER AT OMAHA, NEBRASKA

Richard L . Metcalf, SEC. 3 . (a) That in order to facilitate interstate commerce improveand others, as trustees,map bridge, at Omaha, the postal service, and provide for military and other purposes,Nebr.,

Richard L. Metcalf Mayor of Omaha, Nebraska, and his successorsPost, p . 1192.

~

0

1

in office, Oscar H. Brown, Mayor of Council Bluffs, Iowa, and hissuccessors in office, Harry H . Lapidus, of Omaha, Nebraska, MathewE. O'Keefe, of Council Bluffs, Iowa, and C. A. Sorensen, AttorneyGeneral of the State of Nebraska, and his successors in office, all as

Plans, etc ., to be trustees, are hereby authorized and empowered to cause to be pre-adopted . pared and to adopt plans and specifications for, and to construct,

maintain, and operate a bridge and approaches thereto across theMissouri River, and to own and hold the same in trust for said

Construction. cities of Omaha and Council Bluffs and the States of Iowa andNebraska. Said bridge shall be constructed at a point suitable to theinterests of navigation, at or near Farnam Street, Omaha, Nebraska,

Vol. 34, p . 84. in accordance with the provisions of the Act entitled "An Act toregulate the construction of bridges over navigable waters," approvedMarch 23, 1906, and subject to the conditions and limitations con-

Trustees designated 4-"The Omaha-Council ained in this Act. Said five trustees shall act ointly under the~

.,Bluffs Missouri River designation and style of " The Omaha-Council Bluffs Missouri Riverswage Board of Trus-tees." Bridge Board of Trustees " and in that name may construct, operate,

and hold said bridge. No act of said Board shall be valid unlessconcurred in by not less than three members thereof. The firstmeeting of said Board after the passage of this Act shall be callednot less than twenty days subsequent thereto and by not less thanthree members thereof, and the written notice of said first meetingshall designate the exact place and time. The Board shall selecta chairman from its own number but its secretary and treasurer need

ferred . epower°on- not be members thereof . The Board shall have all the ordinaryand usual powers necessary to carry out the purposes of section 3 ofthis Act, and in connection therewith may adopt rules of procedureand by-laws ; enter into contracts and employ such managers, agents,and clerical help as may be necessary ; fill any vacancy caused by thedeath, resignation, or refusal and failure to act of any one of the twononpublic officer members of the Board, or the refusal and failure toact of any one of the three public officer members of the board. Theterm of any person selected to fill a vacancy caused by the refusal andfailure to act of any one of the three public officer members shallterminate with the election and qualification of said official member'ssuccessor in office.

Rte, etc, location, for l o tion,

(b) There is hereby conferred upon The Omaha-Council Bluffsestateapproaches, etc. Missouri River Bridge Board of Trustees, its legal representatives,

and assigns, all such rights and powers to enter upon lands and toacquire, condemn, occupy, possess, and use real estate and other prop-erty needed for the location, construction, operation, and maintenanceof such bridge and its approaches as are possessed by railroad cor-porations for railroad purposes or by bridge corporations for bridgepurposes in the State in which such real estate or other propertyis situated, upon making just compensation therefor, to be ascer-tained and paid according to the laws of such State, and the pro-ceedings therefor shall be the same as in condemnation or expro-

Tolls authorized.

priation of property for public purposes in such State .(c) The said The Omaha-Council Bluffs Missouri River Bridge

Board of Trustees, its legal representatives, and assigns, is herebyauthorized to fix and charge tolls for transit over such bridge, andthe rates of toll so fixed shall be such as will amortize the cost ofsaid bridge within a period fixed by said Board but not to exceed

Vol. 34, p . 88 .

twenty years and such rates of toll so fixed shall be the legal rates

SEVENTY-FIRST CONGRESS . SEss. II. Cu. 441. 1930 .

until changed by the Secretary of War under the authority containedin the Act of March 23, 1906 .

(d) If, after the completion of such bridge, as determined by theSecretary of War, either the State of Nebraska and the State ofIowa, jointly, or said cities of Omaha and Council Bluffs, jointly,or the counties of Douglas, Nebraska, and Pottawattamie, Iowa,jointly, may at any time desire to acquire and take over all right,title, and interest in such bridge and its approaches, and any interestin real property necessary therefor, it shall not be necessary to con-demn or expropriate such property, but the said The Omaha-CouncilBluffs Missouri River Bridge Board of Trustees, its legal representa-tives and assigns, shall deliver to such public agency, by properinstrument of conveyance, all right, title, and interest in such bridgeand its approaches ; and no damages or compensation whatsoevershall be allowed for any such right, title, or interest, but if suchbridge is so acquired it shall be taken over subject to the bonds, deben-tures, or other instruments of indebtedness, including accrued interestthereon, actually issued in payment for the bridge, its approaches,and improvements and outstanding at the time of such taking over .Such instrument of conveyance shall be executed and delivered withina period of thirty days after receiving from such public agencya written notice of such intention to take over such property.

(e) If such bridge shall at any time be taken over or acquiredby such States, or public agencies or political subdivisions thereof,or by either of them, as provided in section 3 (d) of this Act, andif tolls are thereafter charged for the use thereof, the rates of tollshall be so adjusted as to provide a fund sufficient to pay for thereasonable cost of maintaining, repairing, and operating the bridgeand its approaches under economical management and to provide asinking fund sufficient to amortize the amount paid therefor, includ-ing only those items named in section 3 (d) of this Act, as soonas possible under reasonable charges but within a period of not toexceed twenty years from the date of acquiring the same . After asinking fund sufficient for such amortization shall have been soprovided, such bridge shall thereafter be maintained and operatedfree of tolls, or the rates of toll shall thereafter be so adjusted asto provide a fund of not to exceed the amount necessary for theproper maintenance, repair, and operation of the bridge and itsapproaches under economical management . An accurate recordof the amount paid for acquiring the bridge and its approaches,the actual expenditures for maintaining, repairing, and operating thesame, and of the daily tolls collected shall be kept and shall beavailable for the information of all persons interested .

(f) The said The Omaha-Council Bluffs Missouri River BridgeBoard of Trustees, its legal representatives and assigns, shall withinninety days after the completion of such bridge file with the Secretaryof War and with the highway departments of the States of Nebraskaand Iowa a sworn itemized statement showing the actual originalcost of constructing the bridge and its approaches, the actual costof acquiring any interest in real property necessary therefor, andthe amount of bonds, debentures, or other evidences of indebtednessissued in connection with the construction of such bridge . The Secre-tary of War may, and upon request of the highway departmentsof either of such States shall, at any time within three years afterthe completion of such bridge investigate such costs and determinethe accuracy and the reasonableness of the costs alleged in the state-ment of costs so filed, and shall make a finding of the actual andreasonable costs of constructing and financing such bridge . For thepurpose of such investigation the said The Omaha-Council Bluffs

5783-!°-3135

545

Acquisition author-ized, after completion,jointly by States, cities,and counties desig-nated.

Conveyance byBoard of Trustees .

Subject only to in-debtedness for bridgeconstruction.

Tolls under State,etc ., operation.

Rates applied to op-eration and sinkingfund to amortize pay-ments incurred .

Maintenance as freebridge, etc ., after amor-tizing costs.

Record of expendi-tures and receipts .

Sworn statement ofconstruction costs,bonds, etc ., to be filedafter completion.

Examination by Sec-retary of War.

546

SEVENTY-FIRST CONGRESS. SEss. II. Ca. 441 . 1930 .

Missouri River Bridge Board of Trustees, its legal representativesand assigns, shall make available all of its records in connection with

conFindinnggsofsecretary the construction and financing thereof . The findings of the Secretaryof War as to the reasonable costs of the construction and financingof the bridge shall be conclusive for the purposes mentioned insection 3 (d) of this Act, subject only to a review in a court ofequity for fraud or gross mistake .

Ri ght to sell, etc.,

(g) The right to sell, assign, transfer, and mortgage all the rights,conferred. powers, and privileges conferred by section 3 of this Act is herebygranted to The Omaha-Council Bluffs Missouri River Bridge Boardof Trustees, its legal representatives, and assigns ; and any corpora-tion to which or any person to whom such rights, powers, and privi-leges may be sold, assigned, or transferred, or who shall acquire thesame by mortgage foreclosure or otherwise, is hereby authorized andempowered to exercise the same as fully as though conferred hereindirectly upon such corporation or person .

Construction

con-tracts by competitive (h) All contracts made in connection with the construction of thebidding.

bridge authorized by section 3 of this Act and which shall involvethe expenditure of more than $5,000 shall be let by competitive bid-

Advertisements, etc. ding. Such contracts shall be advertised for a reasonable time insome newspaper of general circulation published in the States inwhich the bridge is located and in the vicinity thereof ; sealed bidsshall be required, and the contracts shall be awarded to the lowestresponsible bidder. Verified copies or abstracts of all bids receivedand of the bid or bids accepted shall be promptly furnished to thehighway departments of the States in which the bridge is located .

Contracts void forViolations. A failure to comply in good faith with the provisions of this section

shall render null and void any contract made in violation thereof,and the Secretary of War may, after hearings, order the suspensionof all work upon such bridge until the provisions of this sectionshall have been fully complied with.

Board to supervisecollections, authorize

(i) Upon the completion of such bridge it shall be the duty there-exilen eas69tc., us,

after of said board, until said bridge shall be taken over or acquiredetc, by such States or political agencies or subdivisions thereof, as pro-

vided for in section 3 of this Act, to supervise the collection of tollsand to authorize and audit all expenditures of money received fromthe collection of tolls ; it shall be their duty to see that all revenuesreceived from the bridge, except such amounts as may be necessaryfor the repair, operation, and maintenance, under economical man-agement, of the bridge, shall be paid into the sinking fund and used

when indebtedness for the amortization of the outstanding indebtedness incurred foramortized by sinking

gfund, the bridge to be the construction or improvement of the bridge . After a sinkingfree of tolls.

fund sufficient for such amortization shall have been so provided theBoard to convey bridge shall thereafter be maintained and operated free of tolls ; and

bridif agreement to operate The Omaha-Council Bluffs Missouri River Bridge Board of Trus-as free bridge . tees, its legal representatives, and assigns shall thereupon convey, by

proper instrument of conveyance, all right, title, and interest in saidbridge and its, approaches to the State of Nebraska and the State ofIowa, jointly, if such States shall agree to accept and to maintainand operate the same ; if such States refuse to agree to accept andmaintain and operate the bridge as a free bridge, then the said TheOmaha-Council Bluffs Missouri River Bridge Board of Trustees, itslegal representatives, and assigns shall convey said bridge to eitherthe State of Nebraska, or the State of Iowa, or to said counties ofDouglas and Pottawattamie, jointly, in which such bridge is locatedin whole or in part, or to the cities of Omaha, Nebraska, and CouncilBluffs, Iowa, jointly, as shall first by duly authorized action agree

Proviso.

to accept and maintain and operate the same as a free bridge : Pro-No conveyance to do. vided, however, That if said two States, due to the fault of one of

faulting state .

them shall fail to agree to accept and operate said bridge, jointly,

SEVENTY-FIRST CONGRESS. SESS. II. CH. 441 . 1930.

547

as a free bridge, then in no event shall said board convey said bridgeto the State at fault .

MISSOURI RIVER AT SOUTH OMAHA, NEBRASKA Missouri River

SEC. 4. (a) That in order to facilitate interstate commerce Charles 1+ . MoreartyI may bridge, at Southimprove the postal service, and 'provide for military and other pur- Omaha Nebr.

poses, Charles B . Morearty, his heirs, legal representatives, and Peat, p . 1192.

assigns, be, and is hereby, authorized to construct, maintain, andoperate a bridge and approaches thereto across the Missouri River,at a point suitable to the interests of navigation, at or near SouthOmaha, Nebraska, in accordance with the provisions of the Act voistr cctio

entitled "An Act to regulate the construction of bridges overnavigable waters," approved March 23, 1906, and subject to theconditions and limitations contained in this Act .

(b) There is hereby conferred upon Charles B . Morearty, his Rights to acquirereal estate, etc . for lo-heirs, legal representatives, and assigns, all such rights and powers cation,approacftes,etc,

to enter upon lands and to acquire, condemn, occupy, possess, anduse real estate and other property needed for the location, con-struction, operation, and maintenance of such bridge and itsapproaches as are possessed by railroad corporations for railroadpurposes or by bridge corporations for bridge purposes in the Statein which such real estate or other property is situated, upon mak-ing just compensation therefor, to be ascertained and paid accord-ing to the laws of such State, and the proceedings therefor shall ~Cdondgsetnnation pro-

be the same as in condemnation or expropriation of property forpublic purposes in such State .

(c) The said Charles B. Morearty, his heirs, legal represents- Tolls authorized .

tives, and assigns, is hereby authorized to fix and charge tollsfor transit over such bridge, and the rates of toll so fixed shallbe the legal rates until changed by the Secretary of War under vol . 34, p . 85.the authority contained in the Act of March 23, 1906.

(d If, after the completion of such bridge, as determined by Acquisition author.

the Secretary of War, either the State of Nebraska, the State of byd'Nebraska, pl Iowa,Iowa, any public agency or political subdivision of either of such etc .

States, within or adjoining which any part of such bridge islocated, or any two of them jointly, may at any time desire toacquire and take over all right, title, and interest in such bridgeand its approaches, and any interest in real property necessarytherefor, it shall not be necessary to condemn or expropriate suchproperty, but the said Charles B . Morearty, his heirs, legal repre- Delivery of title.

sentatives, and assigns, shall deliver to such public agency by properinstrument of conveyance all right, title, and interest in such bridgeand its approaches ; and no damages or compensation whatsoevershall be allowed for any such right, title, or interest, but if suchbridge is so acquired it shall be taken over subject to the bonds, Conveyance subject

debentures, or other instruments of indebtedness, including accrued to bonds, etc.

interest thereon, actually issued in payment for the bridge, itsapproaches, and improvements and outstanding at the time of suchtaking over. Such instrument of conveyance shall be executed anddelivered within a period of thirty days after receiving from suchpublic agency a written notice of such intention to take over suchproperty .

(e) If such bridge shall at any time be taken over or acquiredeteolls

doer Stato,

by such States or public agencies or political subdivisions thereof,or by either of them, as provided in section 4 (d) of this Actand if tolls are thereafter charged for the use thereof, the rates 01 Rates applied to op-

toll shall be so adjusted as to provide a fund sufficient to pay for

op-oration, sinking fund,

the reasonable cost of maintaining, repairing, and operating thebridge and its approaches under economical management and to

548

SEVENTY-FIRST CONGRESS. SEss. II. Cia. 441.. 1.930.

provide a sinking fund sufficient to amortize the amount paidtherefor, including only those items named in section 4 (d) of thisAct, as soon as possible under reasonable charges but within a

Idge, eenance as free period of not to exceed twenty years from the date of acquiringbridge, etc ., after amor-tivingeosts, the same. After a sinking fund sufficient for such amortization

shall have been so provided, such bridge shall thereafter be main-tained and operated free of tolls, or the rates of toll shall there-after be so adjusted as to. provide a fund of not to exceed theamount necessary for the proper maintenance, repair, and opera-tion of the bridge and its approaches under economical manage-

Record of expendi- ment. An accurate record of the amount aid for ac uirin thetures and receipts.

p

q

'~bridge and its approaches, the actual expenditures for maintain-ing, repairing, and operating the same, and of the daily tolls col-lected shall be kept and shall be available for the information ofall persons interested .

sworn statement of

(f) The said Charles B. Morearty, his heirs, legal representa-construction costs, etc .,to be filed aftercomple- tives, and assigns, shall within ninety days after the completiontion . of such bridge file with the Secretary of War and with the high-

way departments of the States of Nebraska and Iowa, a sworn item-ized statement showing the actual original cost of constructing thebridge and its approaches, the actual cost of acquiring any interestin real property necessary therefor and the amount of bonds,

Examination by Sec•debentures, or other evidences of indebtedness issued in connection

retaryof War. with the construction of such bridge . The Secretary of War may,and upon request of the highway departments of either of suchStates shall, at any time within three years after the completionof such bridge investigate such costs and determine the accuracyand the reasonableness of the costs alleged in the statement of costsso filed, and shall make a finding of the actual and reasonablecosts of constructing and financing such bridge . For the purposeof such investigation the said Charles B . Morearty, his heirs, legalrepresentatives, and assigns, shall make available all of his records

coF dgsofSecretary in connection with the construction and financing thereof . Thefindings of the Secretary of War as to the reasonable costs of theconstruction and financing of the bridge shall be conclusive forthe purposes mentioned in section 4 (d) of this Act, subject onlyto a review in a court of equity for fraud or gross mistake .

Right to sell, etc.,

( g) The right to , sell, assign, transfer, and mortgage all theconferred, rights,- powers, and privileges conferred by this Act is herebygranted to Charles B. Morearty, his heirs, legal representatives,and assigns ; and any corporation to which or any person to whomsuch rights, powers, and privileges may be sold, assigned, or trans-ferred, or who shall acquire the same by mortgage foreclosure orotherwise, is hereby authorized and empowered to exercise the sameas fully as though conferred herein directly upon such corporationor person .

Construction con •

(h) All contracts made in connection with the construction oftracts to be let to lowestbidder.

the bridge authorized by section 4 of this Act and which shallinvolve the expenditure of more than $5,000 shall be let by com-

Advertising,etc . petitive bidding. Such contracts shall be advertised for a reason-able time in some newspaper of general circulation published in theStates in which the bridge is located and in the vicinity thereof ;sealed bids shall be required and the contracts shall be awarded tothe lowest responsible bidder. Verified copies or abstracts of allbids received and of the bid or bids accepted shall be promptly fur-

contra c ts void for nished to the highway departments of the States in which theviolations. bridge is located. A failure to comply in good faith with the

provisions of this section shall render null and void any contractmade in violation thereof, and the Secretary of War may, after

SEVENTY-FIRST CONGRESS. SEss. II . CH. 441 . 1930 .

hearings, order the suspension of all work upon such bridge untilthe provisions of this section shall have been fully complied with .

(i) Upon the completion of such bridge a commission shall becreated, composed of three members, one of whom shall be appointedby the mayor of Omaha, Nebraska, one by the mayor of CouncilBluffs, Iowa, and one by Charles B. Morearty, his heirs, legalrepresentatives, or assigns ; it shall be the duty of the commissionto supervise the collection of tolls and to authorize and audit allexpenditures of money received from the collection of tolls ; it shallbe their duty to see that all revenues received from the bridge,except such amounts as may be necessary for the repair, operation,and maintenance, under economical management, of the bridge,shall be paid into the sinking fund and used for the amortizationof the outstanding indebtedness incurred for the construction orimprovement of the bridge. After a sinking fund sufficient forsuch amortization shall have been so provided the bridge shallthereafter be maintained and operated free of tolls, and Charles B .Morearty, his heirs, legal representatives, and assigns, shall there-upon convey, by proper instrument of conveyance, all right, title,and interest in said bridge and its approaches, to the State ofNebraska and the State of Iowa, jointly, or to the highway depart-ments thereof, if such States or their highway departments shallagree to accept and to maintain and operate the same ; if suchStates or their highway departments refuse to agree to accept andmaintain and operate said bridge as a free bridge, then the saidCharles B. Morearty, his heirs, legal representatives, and assigns,shall convey said bridge to either of such States, or to either ofthe counties thereof in which such bridge is located in whole or inpart, or to the cities of Omaha, Nebraska, and Council Bluffs, Iowa,jointly, or to either of them, as shall agree to accept and maintainand operate the same as a free bridge.SEC . 5. There is hereby authorized to be constructed, maintained,

and operated a bridge and approaches thereto across the MissouriRiver, at a point suitable to the interests of navigation, at or nearFlorence, Nebraska, by the persons specified in section 3 of thisAct and in accordance with the authority therein conferred uponsuch persons and subject to all the provisions and limitations ofsuch section.

RIO GRANDE AT FORT HANCOCK, TEXAS

SEC. 6 . (a) That in order to facilitate international commerce,improve the postal service, and provide for military and other pur-poses, the Fort Hancock Bridge Company, its successors and assiglis,be, and is hereby, authorized to construct, maintain, and operate abridge and approaches thereto across the Rio Grande, so far as theUnited States has jurisdiction over the waters of such river, at apoint suitable to the interests of navigation, at Fort Hancock, Texas,in accordance with the provisions of the act entitled "An Act to regu-late the construction of bridges over navigable waters," approvedMarch 23, 1906, subject to the conditions and limitations containedin this Act, and subject to the approval of the proper authorities inthe Republic of Mexico .

(b) There is hereby conferred upon the Fort Hancock BridgeCompany, its successors and assigns, all such rights and powers toenter upon lands and to acquire, condemn, occupy, possess, and usereal estate, and other property in the State of Texas needed for thelocation, construction, operation, and maintenance of such bridge andits approaches as are possessed by railroad corporations for railroad

549

Commission createdto supervise collectionof tolls, expenditures,etc .

After amortizing in-debtedness, bridge op-erated free oP tolls .

Conveyance of bridgeto Nebraska and Iowa,etc .

Other conveyanceauthorized on refusalof States.

Missouri River.Omaha-Council

Bluffs etc . Trusteesmay ltridge, at Flor-ence, Nebr.Ante, p. 544.

Rio Grande.

Fort Ilancock BridgeCompany, may bridgeat Fort Hancock, Tex.

Construction .Vol . 31, p. 84 .

Apprequiredroval of Mexico.

Right to acquire realestate in Texas for lo-cation, approacfses, etc .

550

SEVENTY-FIRST CONGRESS . SESS. II. CH. 441. 1930 .

purposes or by bridge corporations for bridge purposes in the Stateof Texas, upon making just compensation therefor, to be ascertainedand paid according to the laws of such State, and the proceedingstherefor shall be the same as in the condemnation or expropriationof property for public purposes in such State .

(c) The said Fort Hancock Bridge Company, its successors andassigns, is hereby authorized to fix and charge tolls for transit oversuch bridge in accordance with any laws of Texas applicable theretoand the rates of toll so fixed shall be the legal rates until changedby the Secretary of War under the authority contained in the Actof March 23, 1906.

(d) The right to sell, assign, transfer, and mortgage all the rights,powers, and privileges conferred by this Act is hereby granted toFort Hancock Bridge Company, its successors and assigns ; and anycorporation to which or any person to whom such rights, powers, andprivileges may be sold, assigned, or transferred, or who shall acquirethe same by mortgage foreclosure or otherwise, is hereby authorizedand empowered to exercise the same as fully as though conferredherein directly upon such corporation or person .

Condemnation pro .ceedings.

Tolls authorized.

Vol . 34, p . 85.

Right to sell, etc.,conferred.

Extending times for

MONONGAHELA RIVER AT FAYETTE CITY, PENNSYLVANIAconstruction .

Monongahela River . SEC. 7 . The times for commencing and completing the constructionVol. 45p. 1488, Pa . of the bridge across the Monongahela River at or near Fayette City,

Fayette County, Pennsylvania, authorized to be built by the FayetteCity Bridge Company, by the Act of Congress approved March 2,1929, are hereby extended one and three years, respectively, fromMarch 2, 1930 .

Mississippi River.At Helena, Ark .Vol. 45, pp . 762, 1529 .

Rio Grande .At Weslaco, Tex.Vol . 45, p. 776.

Missouri River.At .Rulo, Nebr .Vol . 45, pp . 390,1524.

Past, p . 145.7 .

MISSISSIPPI RIVER AT HELENA, ARKANSAS

SEC . 8. The times for commencing and completing the constructionof a bridge across the Mississippi River at or near Helena, Arkansas,authorized to be built by D . T. Hargraves and John W . Dulaney,their heirs, legal representatives, and assigns, by an Act of Congressapproved May 26, 1928, and extended by an Act of Congressapproved March 2, 1929, are hereby further extended one and threeyears, respectively, from May 26, 1930 .

RIO GRANDE AT WESLACO, TEXAS

SEC . 9. The times for commencing and completing the constructionof a bridge authorized by Act of Congress approved May 28, 1928,to be built by the Lost Olmos International Bridge Company, acrossthe Rio Grande at or near W eslaco, Texas, are hereby extended oneand three years, respectively, from May 28, 1930 .

MISSOURI RIVER AT RULO, NEBRASKA

SEC. 10 . The times for commencing and completing the constructionof a bridge across the Missouri River, at or near Rulo, Nebraska,authorized to be built by John C . Mullen, T. L. Davies, John H .Hutchings, and Virgil Falloon, all of Falls City, Nebraska, theirheirs, legal representatives, and assigns, by Act of Congress approvedMarch 29, 1928, heretofore extended by Act of Congress approvedMarch 2, 1929, are hereby further extended one and three years,respectively, from March 29, 1930 .

SEVENTY-FIRST CONGRESS . SEss . II . CH. 441 . 1930.

551

MISSOURI RIVER AT BROWNVILLE, NEBRASKA

SEC . 11. The times for commencing and completing the constructionof a bridge across the Missouri River at or near Brownville,Nebraska, authorized to be built by the Brownville Bridge Company,by the Act of Congress approved February 26, 1929, are herebyextended one and three years, respectively, from February 26, 1930 .

MISSOURI RIVER AT WASHINGTON, MISSOURI

SEC. 12 . The times for commencing and completing the construc-tion of the bridge across the Missouri River at or near Washington,Missouri, authorized to be built by the Washington Missouri RiverBridge Company, by an Act of Congress approved February 28, 1928,heretofore extended by an Act of Congress approved March 2, 1929,are hereby further extended one and three years, respectively, fromFebruary 28, 1930.

MISSISSIPPI RIVER BETWEEN NEW ORLEANS AND GRETNA, LOUISIANA

Missouri River.At Brownville, Nebr .Vol. 45, p. 1309.

Missouri River .At Washington, Mo.Vol. 45, pp . 151, 1529 .

SEC. 13 . The times for commencing and completing the construc- BitweenPNewvRiver.of a bridge across the Mississippi River, between New Orleans leans and Gretna, La .

and Gretna, Louisiana, authorized to be built by George A . Hero and voi:45,pp1193;1229.Allen S. Hackett, their successors and assigns, by the Act of Congressapproved March 2, 1927, heretofore extended by Act of Congressapproved March 6, 1928, and also by the Act of Congress approvedFebruary 19, 1929, are hereby extended one and three years, respec-tively, from March 6, 1930 .

MISSISSIPPI RIVER AT BATON ROUGE, LOUISIANA

SEc . 14. The times for commencing and completing the construc-tion of the bridge across the Mississippi River at or near BatonRouge, Louisiana, authorized to be built by the Baton Rouge-Missis-sippi River Bridge Company, its successors and assigns, by an Act ofCongress approved February 20, 1928, heretofore extended by an Actof Congress approved January 25, 1929, are hereby further extendedone and three years, respectively, from February 20, 1930 .

MISSOURI RIVER AT DECATUR, NEBRASKA

SEc. 15. The times for commencing and completing the construc-tion of a bridge across the Missouri River, at or near Decatur,Nebraska, authorized to be built by the Interstate Bridge Company,its successors and assigns, by Act of Congress approved March 29,1928, heretofore extended by Act of Congress approved March 2,1929, are hereby further extended one and three years, respectively,from March 29, 1930 .

MAUMEE RIVER NEAR TOLEDO, OHIO

SEc. 16. The times for commencing and completing the construc-tion of the bridge across the Maumee River, at or near its mouth, inLucas County, Ohio, authorized to be built by Eugene Rheinfrank,his heirs, legal representatives and assigns, by Act of Congressapproved March 4, 1929, are hereby extended one and three years,respectively, from March 4, 1930 .

Mississippi River .At Baton Rouge, La .Vol . 45, pp . 130, 1093 .

Missouri River .At Decatur, Nebr .Vol. 45, pp . 392, 1526.Ante, p. 78.

Maumee River .Near Toledo, Ohio.Vol. 45, p . 1559.

552

SEVENTY-FIRST CONGRESS . SEss. II. CHs . 441-444 .

1930.Toils . REGULATION OF TOLLS OVER CERTAIN BRIDGES

Whererightsreserved SEC. 17. In the case of bridges heretofore authorized by Acts oflate, the rules, etc .,of Congress specifically reserving to Congress the right to subsequentlybridge 34;P. 84. control.°Ontrol, regulate tolls on such bridges, such bridges shall, in respect of the

Post, p .821 . regulation of all tolls, be subject to the provisions of the Act entitled"An Act to regulate the construction of bridges over navigablewaters," approved March 23, 1906 .

Amendment.

SEC. 18. The right to alter, amend, or repeal this Act is herebyexpressly reserved .

Approved, June 10, 1930 .

June 10, 1930.[a.R. 1122 .1

CHAP. 442.-An Act Granting the consent of Congress to the State of[Public, No.331 .] Illinois to construct a bridge across the Rock River south of Moline, Illinois .

Be it enacted by the Senate and House o f Representatives o f theIllinois

River .

United States o f America in Congress assembled, That the consentnear Moline, Ill •

of Congress be, and is hereby, granted to the State of Illinois toconstruct, maintain, and operate a free highway bridge andapproaches thereto across the Rock River, at a point suitable to theinterests of navigation, south of Moline, Illinois, in section 16,

Construction . township 17 north, range 1 west, fourth principal meridian, inVol. 34, p . 84.

accordance with the provisions of the Act entitled "An Act to regu-late the construction of bridges over navigable waters," approvedMarch 23, 1906 .

Amendment.

SEc. 2. That the right to alter, amend, or repeal this Act is herebyexpressly reset ved.

Approved, June 10, 1930 .

June 10, 1930.[a.R. 11240.1

CHAP. 443.-An Act To extend the times for commencing and completing[Public, No. 332 .] the construction of a bridge across the Monongahela River at Pittsburgh, Alle-

gheny County, Pennsylvania.

Be it enacted by the Senate and House of Representatives of theMonongahela River. United States of America in Congress assembled That the timesTime extended for

bridging, at Pittsburgh, for commencing and completing the construction of the bridgePa.

across the Monongahela River at a point approximately one andfive-tenths miles above its junction with the Allegheny River in the

Vol . 45, p . 1173, city of Pittsburgh, county of Allegheny, and State of Pennsylvania,amended . authorized to be built by the county of Allegheny, by the Act of

Congress approved February 13, 1929, are hereby extended one andthree years, respectively, from February 13, 1930 .

Amendment .

SEc. 2. The right to alter, amend, or repeal this Act is herebyexpressly reserved .

Approved, June 10, 1930 .

June 10, 1930. [H. R.11282.] CHAP. 444.-An Act To extend the times for commencing and completing

[Public, No . 333.] the construction of a bridge across the Mississippi River at or near Tenth Streetin Bettendorf, State of Iowa .

Be it enacted by the Senate and House of Representatives of theMississippi River . United States of America in Congress assembled, That the times forTime extended for

bridging, at Betten. commencing and completing the construction of the bridge acrossdorf, Iowa . the Mississippi River at or near Tenth Street in Bettendorf, State

of Iowa, authorized to be built by B. F. Peek, G. A. Shallberg,and C. I. Josephson, of Moline, Illinois ; J. W. Bettendorf, A. J.Russell, and J. L. Hecht, of Bettendorf and Davenport, Iowa, their