Chapter 129. Authorizing H
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CHAP. 129.— An Act Authorizing H. C. Brenner Realty and Finance Corporation, its successors and assigns, to construct, maintain, and operate a bridge across the Mississippi River at or near a point between Cherokee and Osage Streets, Saint Louis, Missouri. February 13, 1931.[[H. R. 12966](/us/bill/71/hr/12966).][[Public, No. 627](/us/pl/71/627).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That in order toMississippi River.H.
C. Brenner Realty and Finance Corporation may bridge, at Saint Louis, Mo. facilitate interstate commerce, improve the postal service, and provide for military and other purposes, H. C. Brenner Realty and Finance 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 a point between Cherokee and Osage Streets, Saint Louis, Missouri, and a point opposite thereto in Saint Clair County, Illinois, in accordance with the provisionsConstruction.Vol. 34, p. 84. 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. There is hereby conferred upon H. C. Brenner Realty andRight to acquire real estate, etc., for location, approaches, etc. Finance Corporation, 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 1096Condemnation proceedings.just compensation therefor, to be ascertained and paid 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 H. C. Brenner Realty and Finance Corporation, its successors and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal ratesVol. 34, p. 85. until changed by the Secretary of War under the authority contained in the Act of March 23, 1906. Sec. 4. Acquisition authorized, after completion, by Missouri, Illinois, etc. After the completion of such bridge, as determined by the Secretary of War, either the State of Missouri, 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 interest in real property necessary therefor, by purchase or by condemnation or expropriation, in accordance with the laws of either Compensation, if ac quired by condemns on.of such States governing the acquisition of private property for public purposes by 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, or prospective revenues or profits but shall Limitation.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 costs, not to exceed 10 per centum of the sum or the cost of constructing the bridge and its approaches and acquiring such interests in real property; and
(4)actual expenditures for necessary improvements. Sec. 5. 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, as provided in section 4 of this Act, and if tolls are Rates applied to operation, sinking fund, etc.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 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. An accurate record of the amount paid for acquiring the Record of expenditures and receipts.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 tor the information of all persons interested. Sec. 6. Sworn statement of construction costs, etc., to be filed after completion. The H. C. Brenner Realty and Finance Corporation, 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 approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion 1097costs. The Secretary of War may, and upon 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 H. C. Brenner Realty and Finance Corporation, 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 ofFindings of Secretary conclusive. War as to the reasonable costs of construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 4 of this Act, subject only to review in a court of equity for fraud or gross mistake. Sec. 7. The right to sell, assign, transfer, and mortgage all theRight to sell, etc., conferred. rights, powers, and privileges conferred by this Act is hereby granted to the H. C. Brenner Realty and Finance Corporation, 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. 8. The right to alter, amend, or repeal this Act is herebyAmendment. expressly reserved. Approved, February 13, 1931.