Chapter 686. Authorizing H
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Chap. 686: Authorizing H. L. Cloud, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Canadian River, at or near Francis, Oklahoma. 1929-03-04 686 Chapter 45 Stat. 1546 70 2 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 public Chapter 686.— An Act Authorizing H.
L. Cloud, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Canadian River, at or near Francis, Oklahoma. March 4, 1929.[[H. R. 17262](/us/bill/70/hr/17262).][[Public, No. 1014](/us/pl/70/1014).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Canadian River.H. L. Cloud may bridge, at Francis, Okla. That in order to promote interstate commerce, improve the postal service, and provide for military and other purposes, H.
L. Cloud, his successors and assigns or legal representatives, be, and is hereby, authorized to con-1547struct, maintain, and operate a bridge and approaches thereto across the Canadian River, at a point suitable to the interests of navigation, at or near Francis, Pontotoc County, Oklahoma, in accordance withConstruction.Vol. 34, p. 84. 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. After the completion of such bridge, as determined by theAcquisition authorized, after completion, by Oklahoma, etc. Secretary of War, either the State of Oklahoma, 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 or expropriation, in accordance withCondemnation proceedings. the laws of such State governing the acquisition of private property for public purposes by condemnation or expropriation.
If any timeCompensation if acquired by condemnation. after the expiration of five years after the completion of such bridgeLimitations. 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 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. 3. If such bridge shall at any time be taken over or acquiredTolls under State, etc., operation. by the State of Oklahoma, or by any municipality or other political subdivision or public agency thereof, under the provisions of section 2 of this Act, and if the tolls are thereafter charged for the use thereof, the rates of toll shall be so adjusted as to provide a fundRates applied to operation, sinking fund, etc. 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 twenty years from the date of acquiring the same. After a sinkingMaintenance as free bridge, etc., after amortizing costs. 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 paid forRecord of expenditures and receipts. 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. 4. That H. L. Cloud, or his heirs, legal representatives, andSworn statement of construction costs, etc., to be filed, after completion. assigns, 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 Oklahoma 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 ofExamination by Secretary of War. War may, and at the request of the highway department of the State of Oklahoma shall, at any time within three years after the completion of such bridge investigate such 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 the bridge; for the 1548purpose of such investigation the said H. L. Cloud, his heirs, legal representatives, and assigns, shall make available all of its records in connection with the construction, financing, and promotion of the Findings of Secretary conclusive.bridge, which shall be conclusive for the purposes mentioned in section’s of this Act, subject only to review in a court of equity for fraud or gross mistake. Sec. 5. 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 H. L. Cloud, 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. Sec. 6. Construction contracts to be let to lowest bidder. All contracts made in connection with the construction of the bridge authorized by this Act and which involve the expenditure Advertising, etc.of more than $5,000 shall be let by competitive bidding. Such contracts shall be advertised for a reasonable time in some newspaper of general circulation published in the State 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 department of Contract void for violations.the State in which such bridge is located. A failure to comply in good faith with the provisions of this section shall render 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. 7. Amendment. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 4, 1929.
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Chapter 686
Authorizing H
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