Chapter 133. Authorizing the cities of Omaha, Nebraska, and Council Bluffs, Iowa, and the counties of Douglas, Nebraska, and Pottawattamie, Iowa, to construct, maintain, and operate one or more but not to exceed three toll or free bridges across the Missouri River
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CHAP. 133.— 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 one or more but not to exceed three toll or free bridges across the Missouri River. April 12, 1930.[[S. 2763](/us/bill/71/s/2763).][[Public, No. 113](/us/pl/71/113).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Missouri River.Omaha, Nebr., Council Bluffs, Iowa, and counties of Douglas, Nebr., and Pottawattamie, Iowa, may bridge.
That in order to 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 one Points designated.or more but not to exceed three bridges and approaches thereto across the Missouri River, at points suitable to the interests of Navigation, one at or near Farnam Street, Omaha, Nebraska, one at or near South Omaha, Nebraska, and one at or near Florence, Nebraska, Construction.Vol. 34, p. 84.in 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. Acquisition of real estate, etc., for location, approaches, etc. There is hereby conferred upon said cities and counties, acting jointly, or any one or more of them separately, 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, maintenance and operation of any of such bridges and their 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 therefor Condemnation proceedings.shall be the same as in the condemnation or expropriation of property for public purposes in such State.
Sec. 3. Operation as free or toil bridges. The said cities and counties, or any one or more thereof, are hereby authorized to operate any of such bridges free of tolls, or, in their discretion, to fix and charge tolls for transit over any of such bridges; and in case rates of toll are so fixed, such rates shall be the legal rates until changed by the Secretary of War under Vol. 34, p. 85.authority contained in the Act of March 23, 1906. Sec. 4. Tolls under municipal, etc., operation, applied to operation, sinking fund, etc.
In fixing the rates of toll to be charged for the use of each 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, 157and 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 fifteen years from the completion thereof or acquisition thereof as hereinafter provided.
After a sinking fund Maintenance as free bridges, etc., after amortizing costs.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 under economical management. An accurate record of the cost of Record of expenditures and receipts.each 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. All rights, powers, and privileges conferred by this Act Separate or Joint action authorized for construction, etc.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 that may construct any of the bridges here by authorized.
The Assignment limited to Nebraska and Iowa.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. Acquirement authorized of existing bridge between Omaha and Council Bluffs. Said cities of Omaha, Nebraska, and Council Bluffs, Iowa, and said counties of Douglas, Nebraska, and Pottawattamie, Iowa, acting jointly, or any one or more thereof acting separately, or any board or commission created by law to carry out the privileges conferred by this Act, be, and are hereby, authorized to purchase by voluntary bargain, or acquire by condemnation proceedings in the exercise of the power of eminent domain, the existing bridge across the Missouri River between the cities of Omaha, Nebraska, and Council Bluffs, Iowa, and now owned or operated by private persons or corporation, and thereafter to repair, reconstruct, enlarge, renew, Operation, etc., under general bridge Act.Vol. 34, p. 84 or replace such bridge in accordance with the provisions of the Act of March 23, 1906, and to operate the same subject to all the conditions in this Act provided with reference to the construction of a new bridge.
The method of condemnation and of ascertaining and Condemnation procedure.making payment of just compensation shall be as follows: If the condemnation proceeding is brought by any one of said cities or counties acting separately, the method shall be as provided by the laws of the State in which that city or county is situated for condemnation of public utilities or other property for public purposes by such city or county, or for condemnation by railroad corporations for railroad purposes, or by bridge corporations for bridge purposes; and if the proceeding is a joint condemnation proceeding by any two or more of such cities or counties acting jointly, or by any boards or commissions acting for said cities or counties jointly, the same may be brought in either of the States in which such cities or counties are situated and subject to the laws of that State as herein provided for action by the city or county situated in that State.
Sec. 7. The right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved. Approved, April 12, 1930.