Chapter 343. Authorizing E
1,953 words·~9 min read·
/statutes-at-large/vol-45/chapter-343-5852795·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chap. 343: Authorizing E. T. Franks, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Ohio River approximately midway between the cities of Owensboro, Kentucky, and Rockport, Indiana. Chapter 343 45 Stat. 1322 1929-02-26 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 343.— An Act Authorizing E.
T. Franks, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Ohio River approximately midway between the cities of Owensboro, Kentucky, and Rockport, Indiana. February 26, 1929.[[H. R. 16920](/us/bill/70/hr/16920).][[Public, No. 829](/us/pl/70/829).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That in order to promote Ohio River.E. T. Franks may bridge, from Owensboro, Ky., to Rockport, Ind.interstate commerce, improve the postal service, and provide for military and other purposes, E.
T. Franks, his heirs, legal representatives, and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Ohio River, at a point suitable to the interests of navigation, approximately midway between the cities of Owensboro, Kentucky, and Construction.Vol. 34, p. 84.Rockport Indiana, 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.
Character of bridge. Sec. 2. E. T. Franks, his heirs, legal representatives, and assigns, is authorized to construct, maintain, and operate such bridge and the necessary approaches thereto as a railroad bridge for the passage of railway trains or street cars, or both, or as a highway bridge for the passage of pedestrians, animals, and vehicles, adapted to travel on public highways, or as a combined railroad and highway bridge for Right to acquire real estate, etc., for location, approaches, etc.all such purposes; and there is hereby conferred upon the said E.
T. approaches, Franks, his heirs, legal representatives, 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 the State in which such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid according to Condemnation proceedings.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. 1323 Sec. 3.
After the completion of such bridge as determined by the Acquisition authorized as a highway bridge, after completion, by Kentucky, Indiana, etc.Secretary of War, if the same is constructed as a highway bridge only, either the State of Kentucky, the State of Indiana, 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, in accordance with the laws of such State governing the acquisition of private property for public purposes by condemnation Compensation if acquired by condemnation.or expropriation.
If at any time after the expiration of ten years after the completion of such bridge the same is acquired by condemnation or expropriation the amount of damages or compensation to be allowed shall not include good will, going value, or prospective Limitations.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 interests in real property; and
(4)actual expenditures for necessary improvements. Sec. 4. If such bridge shall at any time be taken over or acquired Tolls under State, etc., operation.Rates applied to operation, sinking fund, etc.by the States or public agencies or political subdivisions thereof or by either of them, as provided in section 3 of this Act and if tolls are 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 from the date of acquiring the same. After a sinking fund sufficient for such Maintenance as free bridge, etc., after amortizing costs.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 management. An accurate record of the amount paid for acquiring the bridge Record of expenditures and receipts.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. 5. If such bridge is constructed as a combined railroad bridge Purchase or condemnation of combined railroad and highway bridge.for the passage of railway trains or street care, and a highway bridge for the passage of pedestrians, animals, and vehicles then the right of purchase and condemnation conferred by this Act shall apply to a right of way thereover for the passage without cost of persons, animals, and vehicles adapted to travel on public highways; and if Compensation for right of way.the right of purchase or condemnation shall be exercised as to such right of way over the bridge then the measure of damages or compensation to be allowed or paid for such right of way shall be a sum equal to the difference between the actual fair cash value of such bridge determined in accordance with the provisions of section 3 of this Act, and what its actual fair cash value so determined would have been if such bridge had been constructed as a railroad bridge only. If the right of purchase or condemnation conferred by this Maintenance of highway bridge.Act shall be exercised as to the right of way over such bridge, then that part of the bridge which shall be purchased or condemned and shall be thereafter actually used for the passage of pedestrians, 1324animals, or vehicles, shall be maintained, operated, and kept in repair by the purchaser thereof. Sworn statement of construction costs, etc., to be filed after completion. Sec. 6. E. T. Franks, his heirs, legal representatives, 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 Kentucky and Indiana 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, and the actual financing and promotion costs. Examination by Secretary of War.The Secretary of War may, and at the 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 constructing, financing, and promoting such bridge. For the purpose of such investigation the said E. T. Franks, his heirs, legal representatives, and assigns, shall make available all records in connection with the construction, financing, Findings of Secretary conclusive.and promotion thereof. 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 3 of this Act, subject only to review in a court of equity for fraud or gross mistake. Sec. 7. E. T. Franks, his heirs, legal representatives, and assigns, is hereby authorized and empowered to fix and charge just and reasonable tolls for the passage of such bridge of pedestrians, animals, and vehicles adapted to travel on public highways, and the rates Vol. 34, p. 85.Contracts for use by railway lines, public utilities, etc.so fixed shall be the legal rates until the Secretary of War shall prescribe other rates of toll as provided in the Act of March 23, 1906; and if said bridge is constructed as a railroad bridge, or a joint railroad and highway bridge, as provided in this Act, the said E. T. Franks, his heirs, legal representatives, and assigns, is hereby authorized to fix by contract with any person or corporation desiring to use the same for the passage of railway trains, or street cars, or for placing water or gas pipe lines or telephone or telegraph or electric Terms in absence of contract.light or power lines, or for any other such purpose, the terms, conditions, and rates of toll for such use; but, in the absence of such contract, the terms and conditions and rates of toll for such use shall Vol. 34, p. 85.be determined by the Secretary of War as provided in said Act of March 23, 1906. Right to sell, etc., conferred. Sec. 8. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to the said E. T. Franks, 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 exercise the same as fully as though conferred herein directly upon such corporation or person. Contracts for construction to be let to lowest bidder. Sec. 9. All contracts made in connection with the 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. Advertising, etc.Such contracts shall be advertised for a reasonable time in some newspaper of general circulation published in the States in which the bridge is located and in the vicinity thereof; sealed bids shall be required, and the contracts shall be awarded to the lowest responsible bidder. Verified copies or abstracts of all bids received and of the bid or bids accepted shall be promptly furnished to the highway of Contracts void if made in violation of provisions.departments of the States in which such bridge is located. A failure to comply in good faith with the provisions of this section shall 1325render null and void any contract made in violation thereof, and the Secretary of War may, after hearings, order the suspension of all work upon such bridge until the provisions of this section shall have been fully complied with. Sec. 10. The right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved. Approved, February 26, 1929.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Chapter 343
Authorizing E
Cites 1Cited by 0 across 0 sources