Chapter 627. Authorizing the Calhoun Bridge Company, an Illinois corporation, its successors and assigns, to construct, maintain, and operate a bridge across the Illinois River at or near Grafton, Illinois
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Chap. 627: Authorizing the Calhoun Bridge Company, an Illinois corporation, its successors and assigns, to construct, maintain, and operate a bridge across the Illinois River at or near Grafton, Illinois. Chapter 627 45 Stat. 604 1928-05-18 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 627.— An Act Authorizing the Calhoun Bridge Company, an Illinois corporation, its successors and assigns, to construct, maintain, and operate a bridge across the Illinois River at or near Grafton, Illinois.
May 18, 1928.[[S. 4034](/us/bill/70/s/4034).][[Public, No. 426](/us/pl/70/426).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That in order to Illinois River.Calhoun Bridge Company may bridge, at Grafton, Ill.promote interstate commerce, improve the postal service, and provide for military and other purposes, the Calhoun Bridge Company, an Illinois corporation, its successors and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Illinois River, at a point suitable to the interests of navigation, at or near Grafton, Illinois, in accordance Construction.Vol. 34, p. 84.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.
Construction as railroad or highway bridge, or both. Sec. 2. The Calhoun Bridge Company, its successors 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 Right to acquire real estate, etc., for location, approaches, etc.for all such purposes; and there is hereby conferred upon the said Calhoun 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 Condemnation proceedings.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.
Acquiring of highway bridge authorized, after completion, by Illinois, etc. Sec. 3. After the completion of such bridge, as determined by the Secretary of War, if the same is constructed as a highway bridge only, either the State of Illinois, 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 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 Compensation if acquired by condemnation.condemnation or expropriation.
If at any time after the expiration, of twenty 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 605of
(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.by the State of Illinois or by any municipality or other political subdivision or public agency thereof, under the provisions of section 3 of this Act, and if tolls are charged for the use thereof, the rates Rates applied to operation, sinking fund, etc.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 Maintenance as free bridge, etc., after amortizing costs.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. An accurate record of the amount Record of expenditures and receipts.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. If such bridge is constructed as a combined railroad bridge Right of way for free passage over highway 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 Compensation for acquiring.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 Maintenance by purchaser.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. The Calhoun Bridge Company, its successors and assigns, Statement of construction cost, etc., to be filed after completion.shall, within ninety days after the completion of such bridge, file with the Secretary of War and with the highway department of the State of Illinois 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. The Secretary of War Examination by Secretary of War.may, and at the request of the highway department of the State of Illinois 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 606such investigation the said Calhoun Bridge Company, its successors and assigns, shall make available all of its records in connection Findings of Secretary conclusive.with the construction, financing, 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. Tolls authorized. Sec. 7. The Calhoun Bridge Company, its successors 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 so fixed shall be the legal rates until the Secretary of War shall Vol. 34, p. 85.Contract with public utilities for use of bridge authorized.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 Calhoun 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 Tolls in absence of contract.electric light or power lines, or for any other such purposes, the terms, conditions, and rates of 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 Vol. 34, p. 85.Right to sell, etc., conferred.Act of March 23, 1906. 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 Calhoun 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. Amendment. Sec. 9. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, May 18, 1928.
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Chapter 627
Authorizing the Calhoun Bridge Company, an Illinois corporation, its successors and assigns, to construct, maintain, and operate a bridge across the Illinois River at or near Grafton, Illinois
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