Chapter 542. Authorizing Dupo Bridge Company, a Missouri corporation, its successors and assigns, to construct, maintain, and operate a combined highway and railroad bridge across the Mississippi River at or near Carondelet, Missouri
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Chap. 542: Authorizing Dupo Bridge Company, a Missouri corporation, its successors and assigns, to construct, maintain, and operate a combined highway and railroad bridge across the Mississippi River at or near Carondelet, Missouri. Chapter 542 45 Stat. 505 1928-05-14 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 542.— An Act Authorizing Dupo Bridge Company, a Missouri corporation, its successors and assigns, to construct, maintain, and operate a combined highway and railroad bridge across the Mississippi River at or near Carondelet, Missouri.
May 14, 1928.[[S. 3598](/us/bill/70/s/3598).][[Public, No. 377](/us/pl/70/377).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That in order to Mississippi River.Dupo Bridge Company may bridge, at Carondelet, Mo. promote interstate commerce, improve the postal service, and provide for military and other purposes, the Dupo Bridge Company, a Missouri corporation, its successors and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Mississippi River at a point suitable to the interests of navigation, at or near Carondelet, Missouri, in Construction.Vol. 34, p. 84.*Post*, p. 1309. 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. The Dupo Bridge Company, its successors and assigns, isCharacter of bridge. 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 all such purposes; and there is hereby conferred uponRight to acquire real estate, etc., for location, approaches, etc. the said Dupo 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 the State in which such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid according to the laws of such State, and the proceedings thereforCondemnation proceedings. shall be the same as in the condemnation or expropriation of property for public purposes in such State.
Sec. 3. After the completion of such bridge, as determined by theAcquisition authorized, as a highway bridge, after completion, by Missouri, Illinois, etc. Secretary of War, if the same is constructed as a highway bridge only, either the State of Missouri or the State of Illinois, 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 506 Compensation, if acquired by condemnation.interest in real property necessary therefor, by purchase or by condemnation, in accordance with the laws of either of such States governing the acquisition of private property for public purposes 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,Limitations. 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 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.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, under the provisions of section 3 of this Act, andRates applied to operation, sinking fund, etc. 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 ten 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 management. Record of expenditures and receipts.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. 5.Purchase or condemnation of combined railroad and highway bridge. If such bridge is constructed as a combined railroad bridge for the passage of railway trains or street cars, 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 the right of purchase or condemnation shall be exercised as to suchCompensation for right of way. 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 railroadMaintenance of highway bridge. bridge only. If the right of purchase or condemnation conferred by this 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, animals, or vehicles, shall be maintained, operated, and kept in repair by the purchaser thereof. Sec. 6.Sworn statement of construction costs, etc., to be filed after completion. The Dupo Bridge Company, 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 Missouri and Illinois a sworn itemized statement showing the actual original cost of constructing the bridge and its 507 approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary of War may, and at the request of the highwayExamination by Secretary of War. 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 Dupo Bridge Company, its successors and assigns, shall make available all of its records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of War asFindings of Secretary conclusive. 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. The Dupo Bridge Company, its successors and assigns, isTolls authorized. 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 so fixed shall be the legal rates until the Secretary of War shall prescribe Vol. 34, p. 85.other rates of toll as provided in the Act of March 23, 1906; and ifContracts for use by railway lines, public utilities, etc. said bridge is constructed as a railroad bridge, or a joint railroad and highway bridge, as provided in this Act, the said Dupo Bridge Company, its successors and assigns, is hereby authorized to fix by contract with any person or corporation desiring the use of 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 light or power lines, or for any other such purposes, the terms, conditions, and rates of Terms in absence of contract.toll for such use; but in the absence of such contract, the terms, conditions, and rates of toll for such use shall be determined by the Secretary of War as provided in said Act of March 23, 1906. Sec. 8. The right to sell, assign, transfer, and mortgage all the Vol. 34, p. 85.Right to sell, etc., conferred. rights, powers, and privileges conferred by this Act is hereby granted to the Dupo 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. Sec. 9. The right to alter, amend, or repeal this Act is hereby Amendment.expressly reserved. Approved, May 14, 1928.
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Chapter 542
Authorizing Dupo Bridge Company, a Missouri corporation, its successors and assigns, to construct, maintain, and operate a combined highway and railroad bridge across the Mississippi River at or near Carondelet, Missouri
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