Chapter 169. granting the counties of Hennepin and Dakota, Minnesota, the right to build two bridges across the Minnesota River
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CHAP. 169.— An Act granting the counties of Hennepin and Dakota, Minnesota, the right to build two bridges across the Minnesota River.April 28, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Counties of Hennepin and Dakota, Minn., may construct two bridges across Minnesota River. That the board of county commissioners of the county of Hennepin and State of Minnesota be, and the same hereby are. authorized to construct and maintain two bridges over the Minnesota River and approaches Location of one bridge.thereto.
One bridge to be located by a majority of the said board of county commissioners of said Hennepin County, and a majority of the board of county commissioners of the county of Dakota, in said State of Minnesota, either in section thirteen in township twenty-seven, range twenty-four west of the fourth principal meridian; or in section eighteen, township twenty-seven, range twenty-three west of the fourth principal meridian, as in the judgment of said majority of said commissioners shall be the best place for the Location of the other.construction of said bridge and approaches thereto; and one bridge and approaches thereto, between and connecting said Hennepin County and the county of Scott, in said State of Minnesota, at the point or place on said Minnesota River commonly, known as and called “Bloomington Ferry ” or “Lyn dale Avenue, or at any place where said board of county commissioners of Hennepin Comity may Plans and material.decide between said points.
Said bridges and approaches shall be of such plans and material as said board of county commissioners of Hennepin County shall in their discretion determine, except that Draw.said bridges shall be constructed as drawbridges, and shall be and remain forever free. Said bridge or bridges shall be constructed to Free wagon and foot bridges.provide for free passage of wagons and vehicles of all kinds, for the transit of animals and for foot passengers. Sec. 2. Lawful structure and post-route.
That any bridge built under this act and subject to its limitations, shall be a lawful structure, and shall be recognized as a post-route, and shall enjoy the rights and privileges of other Postal telegraph.post-roads in the United States: *Provided*, That the United States may construct a postal telegraph over said bridge or bridges without charge therefor. Sec. 3. Construction.Pivot drawbridge.Main draw.Draw-spans. That any bridge built under this act shall be constructed as a pivot drawbridge, with a draw over the main channel at an accessible and and the best navigable point, and with draw-spans having a clear waterway, measured at the lowest stage of water known at the locality,Width. of not less than eighty feet in clear width, which shall not thereafter be reduced by deposits of rip-rap. or by other material Elevation.about the piers and abutments; and the spans shall not be less elevation than ten feet above extreme high-water mark, as shown at the point of location, measuring to the lowest part of the superstructure of said bridge, and provision shall be made in the location and construction of the abutments and approaches to allow the free passage Unimpeded water-flow.of flood water; and the piers of said bridge shall be parallel to and the bridge itself at right angles to the direction of the current of said FIFTY-FIRST CONGRESS.
Sess. I. Chs. 169-170. 1890.75 stream: *Provided, also*, that the said draw, or draws, shall be opened*Provisos*.Opening draws. promptly upon reasonable signal, for the passage of boats, and said board of county commissioners of said Hennepin County shall maintain at the expense of said Hennepin County such lights or other signalsLights, etc. thereon as the light-House Board may prescribe, and said Hennepin County shall provide at its own expense such sheer-booms,Aids to navigation. guide-piers, or other device as may be at any time deemed necessary by the Secretary of War to facilitate the safe passage of boats or other water craft through the spans of said bridge.
No bridge shall be erected or maintained under authority of this act which shall at any time substantially or materially obstruct the free navigation ofFree navigation. said river; and if any bridge erected under such authority shall in the opinion of the Secretary of War, obstruct said navigation, lie is hereby authorized to cause such change or alteration of said bridge to beChanges or alterations in bridges. made as will effectually obviate such obstructions, at the expense of said county of Hennepin, and in case of any litigation arising fromLitigation. any obstruction, or alleged obstruction, to the free navigation of said river caused, or alleged, to be caused by said bridges, or either, the case may be brought in the circuit court of the United States of the district in which said obstruction or bridges are located: *Provided further*, That nothing in this act shall be so construed as to repeal orNo repeal of existing law. modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt any bridge or bridges constructed by virtue thereof from the operation of the same.
Sec. 4. That any bridge or bridges authorized to be constructedSecretary of War to approve plans, etc. under this act shall be built and located under and subject to such regulations for the security of navigation of said river as the Secretary of War shall prescribe, and to secure that object the said board of county commissioners of said Hennepin County shall submit to the Secretary of War, for his examination and approval, designs and drawings of the proposed bridges and a map of the location, giving for the space of one mile above and one mile below the proposed locations the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the currents at all stages, and the surroundings, accurately showing the bed of the stream, the location of any other bridges, and shall furnish such other information as may be required fora full and satisfactory understanding of the subject; and should any change be made in the plan of said bridge or bridges such change shall be subject to the approval of the Secretary of War.
Sec. 5. That the right to alter, amend, or repeal this act is herebyAmendment, etc. expressly reserved, and the right to require any changes in such structure or structures, or the entire removal thereof, at the expense of the owners, whenever Congress shall decide that the public interest requires it, is also expressly reserved. Sec. 6. That this act shall be null and void if actual constructionCommencement and completion. of the bridges herein authorized be not commenced within one year, and completed within three years from the date thereof Approved, April 28, 1890.