Chapter 523. Authorizing the Commonwealth of Kentucky, by and through the State Highway Commission of Kentucky or the successors of said Commission, to acquire, construct, maintain, and operate bridges within Kentucky and/or across boundary line streams of Kentucky
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CHAP. 523.— An Act Authorizing the Commonwealth of Kentucky, by and through the State Highway Commission of Kentucky or the successors of said Commission, to acquire, construct, maintain, and operate bridges within Kentucky and/or across boundary line streams of Kentucky. June 18, 1930.[[S. 4269](/us/bill/71/s/4269).][[Public No. 382](/us/pl/71/382).] Bridges.Kentucky may construct, across designated rivers. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That in order to promote interstate commerce, improve the postal service, and more adequately provide for military and other purposes the Commonwealth of Kentucky, by and through the State Highway Commission of Kentucky, or the successors of said commission, be, and it hereby is, authorized to construct, maintain, and operate any or all of the Construction.Vol. 34, p. 84.following bridges and approaches thereto, at points suitable to the interests of navigation, 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: 779 A bridge across the Ohio River at or near Maysville; a bridge Ohio River, st Maysville; at Ashland.across the Ohio River at or near Ashland; a bridge across the Ohio River at or near a point opposite Cairo, Illinois; a bridge across At Cairo, Ill; at Carrollton.the Ohio River at or near Carrollton; a bridge across the Tennessee River at or near Eggners Ferry; a bridge across the Tennessee Tennessee River; at Eggner’s Ferry; at Paducah.River near Paducah; a bridge across the South Fork of the Cumberland River at or near Burnside; a bridge across the North Fork Cumberland River; at Burnside; at Smithland; at Canton; at Burkesville.of the Cumberland River at or near Burnside; a bridge across Cumberland River at or near Smithland; a bridge across Cumberland River at or near Canton; a bridge across Cumberland River at or near Burkesville; a bridge across the Kentucky River at or near Tyrone; a bridge across the Kentucky River at or near High Kentucky River; at Tyrone; at High Bridge; at Boonesboro; at Gratz.Bridge; a bridge across the Kentucky River at or near Boonesboro; a bridge across the Kentucky River at or near Gratz; a bridge across the Green River at or near Brownsville; a bridge across the Green River; at Rockport; at Morgantown; at Spottsville.Green River at or near Rockport; a bridge across the Green River at or near Morgantown; and a bridge across Green River at or near Spottsville.
Said Commonwealth of Kentucky, by and through the State Highway Toll bridges authorized.Commission of Kentucky, or the successors of said commission, is hereby authorized to acquire any or all of the following bridges and approaches thereto and thereafter to maintain and operate same as toll bridges: A bridge across the Ohio River at or near Milton; a bridge across Ohio River; at Milton; at Paducah; at Carrollton.the Ohio River at or near Paducah; a bridge across the Kentucky River at or near Carrollton; and a bridge across Green River at Green River, at Calhoun.or near Calhoun.
Sec. 2. There is hereby conferred upon the Commonwealth of Kentucky Right to acquire, condemn, etc., needed property.and the State Highway Commission of Kentucky, or the successors of said commission, 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, and/or operation of any and/or all 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 shall be the same as in condemnation or expropriation of property for public purposes in such State.
Sec. 3. The Commonwealth of Kentucky, by and through the State Toll rates.Highway Commission of Kentucky, or the successors of said commission, is hereby authorized to fix and charge tolls for transit over any and/or all such bridges, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906. Sec. 4. The Commonwealth of Kentucky, by and through the State Grouping, etc., bridges to facilitate financing of.Highway Commission of Kentucky, or its successors, may unite or group all or such of said bridges, excepting and excluding interstate bridges, into one or more separate projects for financing purpose, as in its or their judgment shall be deemed practicable to so unite or group.
If tolls are charged for the use of a bridge or Rates of toll applied to operation, sinking fund, etc.bridges in a project, the rates of toll to be charged for the use of such bridge or bridges embraced in the particular project shall be so adjusted as to provide a fund not to exceed an amount sufficient to pay the reasonable costs of maintaining, repairing and operating the bridge or all of the bridges included in the particular project and their approaches under economical management, and not to exceed an amount sufficient, in addition to the foregoing, to provide a sinking fund suffi-780cient to amortize the aggregate cost of the bridge or all of the bridges embraced in the particular project, and their approaches, including reasonable interests and financing costs, as soon as possible under reasonable charges, but within a period not exceeding twenty years Costs amortized.from the date of approval of this Act.
The tolls derived from the bridge or bridges embraced in any particular project may be continued and paid into the appropriate sinking fund until all such costs of the bridges embraced in the particular project shall have been Adjustment of toll rates.amortized. In any event tolls shall be charged on the basis aforesaid for transit over the bridge or bridges in each project for which revenue bonds of said Commonwealth are issued, and such tolls shall be continued and adjusted at such rates as may be necessary to pay such bonds with interest thereon and any lawful premium for the retirement thereof before maturity, subject only to the power of the Secretary of War or other authorized Federal authority to regulate such rates.
Failure to construct, etc., any bridge not to invalidate rights, etc., granted over bridges constructed, etc.If the State Highway Commission of Kentucky, or its successors, shall in the exercise or its or their judgment deem it inexpedient or impracticable to construct or acquire any one or more of such bridges, or to unite or group any one or more with another or others for financing purposes, then the failure of the Commonwealth of Kentucky, acting by and through the State Highway Commission of Kentucky, or its successors, to construct or acquire any one or more of such bridges, or failure to unite or group any one or more with another or others for financing purposes, shall in nowise affect its authority or powers granted by this Act as to such bridge or bridges or the remainder of such bridges which it may so construct, acquire, unite, or group, and operate.
Maintenance as free bridges after costs amortized.After a sinking fund sufficient to amortize the cost of the bridge or bridges in any particular project shall have been provided to the extent hereinabove required, the bridge or bridges included in such project shall thereafter be maintained and operated free of tolls. Record of expenditures and receipts.An accurate record of the cost of the bridge or bridges in a project and their approaches, the expenditures for maintaining, repairing, and operating same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested.
Uniform tolls.Tolls shall be uniform as between individuals and as between vehicles of the same class using any one of the bridges, but different rates of toll may be charged for the use of different bridges. Sec. 5. Authority, etc., under provisions herein. The authority and powers conferred by this Act are supplementary and additional to all other authority and powers heretofore granted by law in relation to such bridges and tolls for transit thereover, and such authority or powers as to any one or more of such bridges may be exercised either under the authority and provisions of this Act or under the authority and provisions of any other law relating thereto; and nothing in this Act shall be construed as requiring tolls to be charged for the use of any one or more of such bridges, except as hereinabove provided, and nothing herein shall be construed to prohibit the Commonwealth of Kentucky, acting by and through the State Highway Commission of Kentucky, or its successors, from paying all or any part of the cost of any one or more of such bridges and their approaches from the State road fund, or from paying all or any part of the cost of maintenance, repair, or operation of any one or more of such bridges from the State road fund of the Commonwealth of Kentucky.
Sec. 6. Amendment. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, June 18, 1930.