Chapter 126. Authorizing the cities of Omaha, Nebraska, and Council Bluffs, Iowa, and the counties of Douglas, Nebraska, and Pottawattamie, Iowa, to construct, maintain, and operate a toll or free bridge across the Missouri River at or near O’Hern Street, South Omaha, Nebraska
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CHAP. 126.— An Act Authorizing the cities of Omaha, Nebraska, and Council Bluffs, Iowa, and the counties of Douglas, Nebraska, and Pottawattamie, Iowa, to construct, maintain, and operate a toll or free bridge across the Missouri River at or near O’Hern Street, South Omaha, Nebraska. February 13, 1931.[[S. 5768](/us/bill/71/s/5768).][[Public, No. 624](/us/pl/71/624).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That in order toMissouri River.Omaha, Nebr., etc., may bridge, at South Omaha. promote interstate commerce, improve the postal service, and provide for military and other purposes, the city of Omaha, Nebraska, or Douglas County, Nebraska, or the city of Council Bluffs, or Pottawattamie County, Iowa, or any two or more thereof cooperating, are hereby authorized to construct, maintain, and operate a bridge and approaches thereto across the Missouri River, at aLocation. point suitable to the interests of navigation, at or near O’Hern Street, South Omaha, Nebraska, in accordance with the provisions of the Act entitled “An Act to regulate the construction of bridgesConstruction.Vol. 34, p. 84. over navigable waters,” approved March 23, 1906, and subject to the conditions and limitations contained in this Act.
Sec. 2. There is hereby conferred upon said cities and counties,Right to acquire real estate, etc., for location, approaches, etc. acting jointly, or any one or more of them separately, all such rights and powers to enter upon lands and to acquire, condemn, 1094occupy, possess, and use real estate and other property needed for the location, construction, maintenance, and operation 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 Condemnation proceedings.*Post*, p. 1527.according 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.
Sec. 3. Tolls authorized. The said cities and counties, or any one or more thereof, are hereby authorized to operate such bridge free of tolls, or, in Vol. 34, p. 85.their discretion, to fix and charge tolls for transit over such bridge; and in case rates of toll are so fixed, such rates shall be the legal rates until changed by the Secretary of War under authority contained in the Act of March 23, 1906. Sec. 4. Rates of toll applied to operation, sinking fund, etc. In fixing the rates of toll to be charged for the use of such bridge the same shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating such bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the cost of such bridge and its approaches, including reasonable interest and financing costs, as soon as possible, under reasonable charges, but within a period of not to exceed twenty years from the completion Maintenance as free bridge, etc., after amortizing costs, etc.thereof or acquisition thereof as hereinafter provided.
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 such bridge and its approaches Record of expenditures and receipts to be kept.under economical management. An accurate record of the cost of such bridge and its approaches, the 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. Rights, etc., conferred may be performed jointly or separately. All rights, powers, and privileges conferred by this Act upon the city of Omaha, Nebraska, the city of Council Bluffs, Iowa, the county of Douglas, Nebraska, and the county of Pottawattamie, Iowa, may be enjoyed, used, or performed by said cities and counties, jointly, or by any one or more thereof separately, or by such boards or commissions as may be created by law to carry out the provisions of this Act for said cities and counties, or any one or more thereof Assignment permitted.that may construct the bridge hereby authorized.
The rights, powers, and privileges conferred by this Act may be assigned, conveyed and transferred by said cities and counties to the State of Nebraska and the State of Iowa, or to either thereof, or to the highway departments of said States, or of either thereof, but shall not otherwise be assigned, conveyed, or transferred. Sec. 6. Amendment. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 13, 1931.