Chapter 747. Granting the consent of Congress to John F
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CHAP. 747.— An Act Granting the consent of Congress to John F. Kenward to construct a bridge and approaches thereto across Lake Washington from a point on the west shore in the city of Seattle, county of King, State of Washington, easterly to a point on the west shore of Mercer Island in the same county and State.July 3, 1926.[[H. R. 5810](/us/bill/69/hr/5810).][[Public, No. 468](/us/pl/69/468).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Lake Washington.John F.
Kenward may bridge, in Seattle, Wash. That the consent of Congress is hereby granted to John F. Kenward, his heirs, executors, administrators, or assigns, to construct, maintain, and operate a bridge across Lake Washington at a point suitable to the interests of navigation, from a point on the west shore of Lake Washington approximately due east of the intersection of Orcas Street and Seward Park Avenue, Seattle, King County, Washington, running thence easterly to a point on the west shore of Mercer Island Construction.Vol. 34, p. 81approximately due east from the point of beginning, in accordance 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 this Act.
Sec. 2. Acquisition authorized, after completion, by Washington, etc. 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 Determination of compensation if acquired by condemnation.purposes by condemnation.
If at any time after the expiration of 25 years after the completion of such bridge the same is acquired by condemnation, the amount of damages or compensation to be allowed Limitation.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 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 cent 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. Tolls under State, etc., operation.Rates applied to operation, sinking fund, 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 25 years from the Maintenance as free bridge, etc., after amortizing costs.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 thereafter 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 Record of expenditures and receipts.proper care, repair, maintenance, and 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, and825 maintaining the same, and of daily tolls collected shall be kept and shall be available for the information of all persons interested. Sec. 4. The said John F. Ken ward, his successors, and assigns shallSworn statement of construction costs, to be filed after completion. within 90 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, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion cost. The Secretary ofInvestigation by Secretary of War. War may at any time within three years after the completion of such bridge investigate the actual cost of constructing the same, and for such purpose the said John F. Kenward, his successors, and assigns shall make available all of its records in connection with the financing and construction thereof. The findings of the Secretary of War, as to the actual original cost of the bridge, shall be conclusive, subjectFindings of Secretary conclusive. 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 John F. Kenward, his successors, 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 exercise 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, July 3, 1926.