Chapter 446. Granting the consent of Congress for the construction of a bridge over the Columbia River at a point within one mile upstream and one mile downstream from the mouth of the Entiat River in Chelan County, State of Washington
952 words·~4 min read·
/statutes-at-large/vol-44/chapter-446-20050437·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 446.— An Act Granting the consent of Congress for the construction of a bridge over the Columbia River at a point within one mile upstream and one mile downstream from the mouth of the Entiat River in Chelan County, State of Washington.June 2, 1926.[[H. R. 10089](/us/bill/69/hr/10089).][[Public, No. 322](/us/pl/69/322).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Columbia River.Fred H. Furey may Bridget etc., near mouth of Entiat River, Wash.
That the consent of Congress is hereby granted to Fred H. Furey, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge and approaches thereto, and place and maintain thereon a flume or pipe in which to carry water for domestic and irrigation purposes across the Columbia River, at a point suitable to the interests of navigation, within one mile upstream and one mile downstream from the mouth of the Entiat River in Chelan County, State of Washington,Construction.Vol. 34, p. 84. in accordance with the provisions of the Act entitled “An Act to regulate the construction of bridges over navigable waters,” approved March 23, 1996, and subject to the conditions and limitations contained in this Act.
Sec. 2.Acquisition by Washington, etc., authorized, after completion. After the completion of such bridge, as determined by the Secretary of War, either the State of Washington, any political subdivision thereof 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 its approaches, and any interests in real property necessary therefor, by purchase or condemnation in accordance with the laws of such State governing the acquisition of private property for public purposesDetermination of compensation if acquired by condemnation. by condemnation.
If at any time after die expiration of twenty-five years after the completion of such bridge the same is acquired by condemnation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective Limitation.revenues or profits, but shall be limited to the sum of
(1)the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value,
(2)the actual cost of acquiring such interests in real property,
(3)actual financing and promotion cost, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interest in real property, and
(4)actual expenditures for necessary improvements. Sec. 3.Operation as toll bridge if acquired by a municipality etc. If such bridge shall at any time be taken over or acquired by any municipality or other political subdivision or subdivisions of the State of Washington under the provisions of section 2 of this Act, and if tolls are charged for the use thereof, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the cost of maintaining, repairing, and operating the bridge and its approaches, and to provide a sinking fund sufficient to amortize the amount paid for such bridge and its approaches as soon as possible under reasonable charges, but within a period of not to exceed Maintenance as free bridge, etc., after amortization of costs of acquiring.twenty-five years from the date of acquiring the same. After a sinking fund sufficient to amortize the cost of acquiring the bridge and its approaches shall have been provided, such bridge shall there-after be maintained and operated free of tolls, or the rates of tolls shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper care, repair, maintenance, and Record of expenditures and receipts.operation of the bridge and its approaches. An accurate record of the amount paid for the bridge and its approaches, the expenditures for operating, repairing, and maintaining the same, and of daily foils collected, shall be kept and shall be available for the information of all persons interested. Sec. 4.Sworn statement of construction costs, etc., to he filed after completion. The said Fred H. Furey, his heirs, legal representatives, and assigns, shall within ninety days after the completion of such bridge file with the Secretary of War a sworn itemized statement 683showing the actual original cost of constructing such bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion cost, the Secretary of War may at any time within three yearsInvestigation by Secretary of War. after the completion of such bridge investigate the actual cost of constructing the same, and for such purpose the said Fred H. Furey, his heirs, legal representatives, and assigns, shall make available all of his records in connection with the financing and the construction thereof. The findings of the Secretary of War, as to the actualFindings of Secretary conclusive. original cost of the bridge, shall be conclusive, subject only to review in a court of equity for fraud or gross mistake. Sec. 5. 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 Fred H. Furey, his heirs, legal representatives, and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure, or otherwise, is hereby authorized and empowered to exorcise the same as fully as though conferred herein directly upon such corporation or person. Sec. 6. The right to alter, amend, or repeal this Act is herebyAmendment. expressly reserved. Approved, June 2, 1926.