Chapter 200.
1,439 words·~7 min read·
/statutes-at-large/vol-45/chapter-200·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chap. 200: Granting consent of Congress to an agreement or compact entered into between the State of Wisconsin and the State of Michigan for the construction, maintenance, and operation of a highway bridge across the Menominee River. Chapter 200 45 Stat. 300 1928-03-10 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 1 public Chapter 200.— Joint Resolution Granting consent of Congress to an agreement or compact entered into between the State of Wisconsin and the State of Michigan for the construction, maintenance, and operation of a highway bridge across the Menominee River.
March 10, 1928.[[H. J. Res. 176](/us/bill/70/hjres/176).][[Pub. Res., No. 15](/us/bill/70/pubres/15).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* That the consent of Congress Menominee River.Consent given to agreement between Wisconsin and Michigan for constructing bridge across, between Marinette, Wis., and Menominee, Mich.*Post,* p. 303.of the United States be, and it is hereby, given to the States of Wisconsin and Michigan to enter into the agreement or compact executed by the State Highway Commissioner of the State of Wisconsin and the Highway Commission of the State of Michigan pursuant to authority of chapter 87 of the Wisconsin statutes, and the authority of Act 354 of the Public Acts of 1925, and Special Act 98 301of the Public Acts of 1927 of the State of Michigan: *Provided,* That *Proviso.*Federal jurisdiction not affected.nothing therein contained shall be construed as impairing or in any manner affecting any right or jurisdiction of the United States in and over the region which forms the subject of said agreement; which agreement is in words and figures as follows:
AgreementAgreement. menominee-marinette bridge at bridge street relocation wisconsin highway commission with michigan state highway commissioner This agreement, executed this 14th day of January, 1927, by and between Frank F. Rogers, State Highway Commissioner of the State of Michigan with offices at Lansing, Michigan, party of the first part; and the Wisconsin Highway Commission, with offices at Madison, Wisconsin, party of the second part: Witnesseth that: Whereas the existing interstate bridge, crossing the Menominee River at Bridge Street and joining the Municipalities of Marinette, Wisconsin, and Menominee, Michigan, is in an unsafe condition and requires early reconstruction; and Whereas a proper plan for reconstruction involves a relocation and includes a grade separation and expensive approach fills and properly extends as a project from the center of Dunlap Square in the city of Marinette to the center line of Ogden Avenue in the city of Menominee; and Whereas the State boundary line, as determined by the United States Supreme Court in a late decision, lies entirely north of the proposed actual structure spanning the Menominee River, and thereby complicates the respective responsibilities of the two parties hereto both as regards construction and maintenance obligations.
Now, therefore, It is hereby agreed: 1. That this project shall, subject to changes to be hereafter mutually agreed upon as signified by joint approval of all subsequent plans and estimates, be built in accord with the preliminary plans prepared by the first party and marked “Exhibit A” and approved by the second party and hereto attached and considered as an integral part of this agreement, and that the detailed plans and specifications for the project shall be prepared by the first party subject to the approval of the second party. 2.
That each party shall either directly or through the respective cities, townships, and counties within which the work is situated, furnish and bear the full cost of all right of way and abutting and property damages arising from or necessary to the execution of the plans as they may be finally, mutually, and jointly approved by the said parties, as applying to property situated on the side of the existing interstate boundary line subject to the jurisdiction of the respective parties hereto or the respective cities, townships, and counties within the respective States. 3.
That aside from the stipulations stated in item 2 above, the entire cost of fully executing the project shall be borne equally by the respective parties hereto and that to this end any contribution or assessment, to be hereafter paid by the Chicago and North Western Railway Company and/or by the Chicago, Milwaukee and Saint Paul Railway Company and/or by any other public utility company affected by the project, shall be credited equally to the shares of the parties hereto and, further, 302Agreement—Contd.that any contribution or assessment, which may be arranged by either party to be paid by a county, township, or municipality within the respective States, shall be guaranteed by the respective parties hereto and that all payments and transactions in the handling of the construction of this project shall be directly between the parties hereto, each of whom agrees to act as its own collecting agent in dealing with the other contributing parties in their respective States. 4.
All contracts shall be let jointly by the first and second parties hereto, who shall jointly constitute the first party to all such contracts and no contracts shall be let until after formal approval of awards by each party. The work of construction shall be administered under the joint supervision of the first and second parties as first party of all of the aforesaid contracts to be let under the terms of this agreement, but the second party hereto agrees that its inspection and supervision shall be administered through the representatives of the first party and not through direct dealings with the contractors, and that any matters of dispute in regard to the administration of the contracts shall be adjusted jointly by the bridge engineers of the respective parties hereto.
Each party may retain such engineering assistance in supervising the work as it may deem necessary and the cost of such engineering, including office work and administration as may become necessary, shall be considered a legitimate charge to the project. Estimates to the contractor shall be paid direct by each party hereto, each in the amount of 50 per centum of the total estimated amounts due under the provisions of the specifications of the first party and as approved by the second party, all estimates being prepared by the first party at two week intervals or thereabouts, approved by the first party and submitted to the second party for approval, the second party making payment direct to the contractor on approval of estimates and the first party likewise making payment to the contractor on receipt of copies of the estimates after being approved by the second party.
Authorizations for extra work will be handled in the same manner as the original contracts. The engineering costs on this project will be considered as including expenditures made by each party prior to the date of the execution of this agreement as well as all such costs subsequent thereto. 5. The work to be covered by this agreement is further indicated in an approximate preliminary estimate of cost known as Exhibit B, based on Exhibit A, attached herewith and considered as an integral part of this agreement.
This estimate is for preliminary budget purposes, it being agreed that the shares of the respective parties shall be based upon the actual cost of the work. 6. For the purpose of future maintenance it is hereby agreed that the first and second parties shall, upon completion of this project, each maintain that portion of the project (or bear the expense of doing so) which lies north and south respectively of the center of the third span measured from the north end of the river structure. 7.
That the first and second parties shall, through their respective United States Senators and Congressmen from the districts within which the project is situated, take the necessary steps to secure the approval of the United States Congress at the 1928 session, authorizing the construction of said project, 303and also the necessary approval of the United States War Agreement-contd.Department. In witness whereof the parties hereto have on the day first above written caused this agreement to be executed by their proper authorities.
For the State of Michigan, By Frank F. Rogers, *State Highway Commissioner.* For the State of Wisconsin, By Wisconsin Highway Commission, (Signed) C. R. Weymouth, *Secretary.* [seal.] Approved as to form, Lincoln E. Bradt, *Legal Adviser.* Approved December 1, 1927. (Signed) C. A. Melick, *Bridge Engineer, Michigan State Highway Department.* Sec. 2. That the right to alter, amend, or repeal this resolution is Amendment.hereby expressly reserved. Approved, March 10, 1928.
Connections4 cite this · traces to 1
Cited by 4 sections
Traces to 1 document
statutes-at-large