Chapter 191. Authorizing the Iowa-Nebraska Amortized Free Bridge Company, its successors and assigns, to construct, maintain, and operate a bridge across the Missouri River at or near Sioux City, Iowa

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Chap. 191: Authorizing the Iowa-Nebraska Amortized Free Bridge Company, its successors and assigns, to construct, maintain, and operate a bridge across the Missouri River at or near Sioux City, Iowa. Chapter 191 45 Stat. 1169 1929-02-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-24 70 2 public Chapter 191.— An Act Authorizing the Iowa-Nebraska Amortized Free Bridge Company, its successors and assigns, to construct, maintain, and operate a bridge across the Missouri River at or near Sioux City, Iowa.

February 13, 1929.[[H. R. 14460](/us/bill/70/hr/14460).][[Public, No. 737](/us/pl/70/737).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Missouri River.Iowa-Nebraska Amortized Free Bridge Company may bridge, at Sioux City, Iowa. That in order to facilitate interstate commerce, improve the postal service, and Amortized Free Bridge provide for military and other purposes, the Iowa-Nebraska Amortized Free Bridge Company, its successors and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Missouri River, at a point suitable to the interests of navigation, at or near Sioux City, Iowa,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, 1906, and subject to the conditions and limitations contained in this Act.

Sec. 2. Right to acquire real estate, etc., for location, approaches, etc.There is hereby conferred upon the Iowa-Nebraska Amortized Free Bridge Company, its successors and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in 1170the State in which such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid Condemnation proceedings.according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State.

Sec. 3. Tolls authorized.The said Iowa-Nebraska Amortized Free Bridge Company, its successors and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be Vol. 34, p. 85.the legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906. Sec. 4. Acquisition authorized, after completion, by Nebraska, Iowa, etc.After the completion of such bridge, as determined by the Secretary of War, either the State of Nebraska, the State of Iowa, any public agency or 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 its approaches, and any interest in real property necessary therefor by purchase, or by condemnation, or expropriation, in accordance with the laws of either of such States governing the acquisition of private Compensation if acquired by condemnation.property for public purposes by condemnation or expropriation.

If such bridge is so acquired or taken over, the amount of the purchase price to be paid therefor, or in case of condemnation or expropriation the amount of damages to be allowed therefor, shall be the amount of bonds, debentures, or other evidences of indebtedness actually issued in payment for the bridge and its approaches and improvements and outstanding at the time of such purchase or condemnation, with the accrued interest thereon. Sec. 5. Tolls under State, etc., operation.If such bridge shall at any time be taken over or acquired by the States or public agencies or political subdivisions thereof, or by either of them, as provided in section 4 of this Act, and if tolls are Rates applied to operation, sinking fund, etc.thereafter charged for the use thereof, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor, including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty years Maintenance as free bridge, etc., after amortizing costs.from the date of acquiring the same.

After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical Record of expenditures and receipts.management. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept, and shall be available for the information of all persons interested.

Sec. 6. Commission created to supervise collections and expenditures.Upon the completion of such bridge a commission shall be created composed of three members, one of whom shall be appointed by the mayor of South Sioux City, Nebraska, one by the mayor of Sioux City. Iowa, and one by the directors of the Iowa-Nebraska Amortized Free Bridge Company; it shall be the duty of the commission to supervise the collection of tolls and to authorize and audit Payments into sinking funds, etc.all expenditures of money received from the collection of tolls; it shall be 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 amortization of the outstanding indebtedness incurred for the construction or improve-1171ment of the bridge.

After a sinking fund sufficient for suchMaintenance as free bridge, etc., after amortizing costs, and transfer to the States, etc. amortization shall have been so provided, the bridge shall thereafter be maintained and operated free of tolls, and the Iowa-Nebraska Amortized Free Bridge Company, its successors or assigns, shall thereupon convey, by proper instrument of conveyance, all right, title, and interest in said bridge and its approaches, to the State of Nebraska and the State of Iowa, jointly, or to the highway departments thereof, if such States or their highway departments shall agree to accept and to maintain and operate the same; if such StatesTransfer, if States refuse to operate as free bridge. or their highway departments refuse to agree to accept and maintain and operate said bridge as a free bridge, then the Iowa-Nebraska Amortized Free Bridge Company shall convey said bridge to either of such States, or to either of the counties thereof in which such bridge is located in whole or in part, as shall agree to accept and to maintain and operate the same as a free bridge.

Sec. 7. The Iowa-Nebraska Amortized Free Bridge Company,Sworn statement of construction costs, etc., to be filed after completion. its successors and assigns, shall within ninety days after the completion of such bridge file with the Secretary of War and with the highway departments of the States of Nebraska and Iowa, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, the actual financing and promotion costs, and the amount of bonds, debentures, or other evidences of indebtedness issued in connection with the construction of such bridge.

Investigation by Secretary of War.The Secretary of War may, and upon request of the highway department of either of such States shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of construction, financing, and promoting such bridge. For the purpose of such investigation the said Iowa-Nebraska Amortized Free Bridge Company, its successors and assigns, shall make available all of its records in connection with the construction, financing, and promotion thereof.

Findings of Secretary conclusive.The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 5 of this Act, subject only to review in a court of equity for fraud or gross mistake. Sec. 8. Neither the Iowa-Nebraska Amortized Free BridgeInterest in competing bridge company forbidden. Company, its successors and assigns, or any officer or stockholder thereof, shall directly or indirectly, own or have any interest in any other bridge competing for business with the bridge authorized by this Act.

Sec. 9. Right to sell, etc., conferred.The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to the Iowa-Nebraska Amortized Free Bridge Company, its 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: *Proviso.*No transfer to competing company allowed.*Provided,* That no such transfer shall be made to any competing bridge company or to any person or persons interested directly or indirectly in any competing bridge.

Sec. 10. All contracts that may be made in connection with theConstruction contracts to be let to lowest bidder after advertising. construction of the bridge authorized by this Act, and which shall involve the expenditure of more than $5,000 shall be let by competitive bidding. Such contracts shall be advertised a reasonable time in some newspaper of general circulation published in the vicinity of such bridge; sealed bids shall be required and the con-1172tracts shall be awarded to the lowest responsible bidder.

A verified copy or abstract of all bids received and of the bid or bids accepted shall be furnished to the highway departments of theContracts void if provisions not complied with. States of Iowa and Nebraska. A failure to comply in good faith with the plied with the provisions of this section shall render null and void any contract entered into in violation thereof, and the Secretary of War may, after hearing, order the suspension of all work upon such bridge until the provisions of this section shall have been fully complied with.

Sec. 11. Amendment.The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 13, 1929.

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Authorizing the Iowa-Nebraska Amortized Free Bridge Company, its successors and assigns, to construct, maintain, and operate a bridge across the Missouri River at or near Sioux City, Iowa
Chapter 191

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Chapter 191

Authorizing the Iowa-Nebraska Amortized Free Bridge Company, its successors and assigns, to construct, maintain, and operate a bridge across the Missouri River at or near Sioux City, Iowa

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