Chapter 228. Granting the consent of Congress to Cape Girardeau Chamber of Commerce, Incorporated, to construct, maintain, and operate a bridge across the Mississippi River at Cape Girardeau, Missouri
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CHAP. 228.— An Act Granting the consent of Congress to Cape Girardeau Chamber of Commerce, Incorporated, to construct, maintain, and operate a bridge across the Mississippi River at Cape Girardeau, Missouri.May 3, 1926.[[H. R. 10164](/us/bill/69/hr/10164).][[Public, No. 172](/us/pl/69/172).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Mississippi River. That the consent of Congress is hereby granted to the Cape Girardeau Chamber ofCape Girardeau Chamber of Commerce may bridge, at Cape Girardeau, Mo.
Commerce, Incorporated, its successors and assigns, to construct, maintain, and operate a bridge and approaches thereto across the Mississippi River, at a point suitable to the interests of navigation, between the city of Cape Girardeau, Missouri, and a point opposite in Alexander County, Illinois, in accordance with the provisions of the Act entitled “An Act to regulate the construction or bridges overConstruction.Vol. 34, p. 84. navigable waters,” approved March 23, 1906, and subject to the conditions and limitations contained in this Act. 391 Sec. 2.
There is hereby conferred upon the said Cape GirardeauAuthorized to acquire real property, etc., for approaches, etc. Chamber of Commerce, Incorporated, its successors and assigns, all such rights and powers to enter upon lands and to acquire, condemn, appropriate, occupy, possess, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridge and its approaches and terminals as are possessed by bridge corporations for bridge purposes in the State or States in which such real estate and other property are located upon making just compensation therefor, to be ascertained and paid according to the laws of such State or States; and the proceedings therefor shallCondemnation procedure. be the same as in the condemnation and expropriation of property in such State or States.
Sec. 3. The said Cape Girardeau Chamber of Commerce, Incorporated,Tolls allowed. its successors and assigns, are hereby authorized to fix and charge tolls for transit over such bridge, and the rates so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in such Act of March 23, 1906.Vol. 34, p. 86. Sec. 4. After the date of completion of such bridge, as determinedAcquisition authorized, after completion, by Missouri, Illinois, etc. by the Secretary of War, either the State of Missouri, the State of Illinois, any political subdivision of either of such 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 and take over all right title, and interest in such bridge and approaches, and interests in real property necessary therefor, by purchase, or by condemnation in accordance with the law of either of such States governing the acquisition of private property for public purposes by condemnation.
If at any time after the expiration of twenty years after the completion of such bridge it is acquired by condemnation, theCompensation If acquired by condemnation. amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of
(1)the actual cost of constructing suchLimitation. bridge and approaches, less a reasonable deduction for actual depreciation in respect of such bridge and approaches,
(2)the actual cost of acquiring such interests in real property,
(3)actual financing and promotion costs (not to exceed 10 per centum of the sum of the cost of construction of such bridge and approaches and the acquisition of such interests in real property), and
(4)actual expenditures for necessary improvements. Sec. 5. If such bridge shall be taken over and acquired by theOperation, etc., by State, etc., as toll bridge. States or political subdivisions thereof under the provisions of section 4 of this Act, the same may thereafter be operated as a toll bridge; in fixing the rates of toll to be charged for the use of such bridge, the same shall be so adjusted as to provide as far as possible a sufficient fund to pay for the cost of maintaining, repairing, and operating the bridge and its approaches, to pay an adequate return on the cost thereof, and to provide a sinking fund sufficient to amortize the amount paid therefor within a period of not to exceed thirty years from the date of acquiring the same. After a sinkingProvision for free bridge, etc. fund sufficient to pay the cost of acquiring such bridge and its approaches shall have been provided, the bridge shall thereafter be maintained and operated free of tolls or the rates of toll shall be so adjusted as to provide a fund not to exceed the amount necessary for the proper care, repair, maintenance, and operation of the bridge and its approaches. An accurate record of the amount paid forRecord of all expenses, receipts, etc., to be kept. acquiring the bridge and its approaches, the expenditures for operating, repairing, and maintaining the same, and of the daily tolls collected shall lie kept, and shall be available for the information of all persons interested. 392 Sec. 6. The said Cape Girardeau Chamber of Commerce, Incorporated,Sworn statement of costs, etc., after completion. its successors and assigns, shall, within ninety days after the completion of such bridge, file with the Secretary of War a sworn itemized statement showing the actual original cost of constructing such bridge and its approaches, including the actual cost of acquiring interests in real property and actual financing and promotion costs. Within three years after the completion of such bridge the Secretary of War may investigate the actual cost of such bridge, and for suchInvestigation by Secretary of War. purposes the said Cape Girardeau Chamber of Commerce, Incorporated, its successors and assigns, shall make available to the Secretary of War all of its records in connection with the financing and construction thereof. The findings of the Secretary of War as toFindings of Secretary conclusive. such actual original cost shall be conclusive, subject only to review in a court of equity for fraud or gross mistake. Sec. 7. The right to sell, assign, transfer, and mortgage all theRight to sell, etc., conferred. rights, powers, and privileges conferred by this Act is hereby granted to the said Cape Girardeau Chamber of Commerce, Incorporated, its successors and assigns, and any corporation to which such rights, powers, and privileges may be sold, assigned, or transferred, or which shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation. Sec. 8. The right to alter, amend, or repeal this Act is herebyAmendment. expressly reserved. Approved, May 3, 1926.