Public Law 64.
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/statutes-at-large/vol-49/public-law-64·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(/us/74/pl/63).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Seward, Alaska.May construct municipal electric system. That the incorporated town of Seward, Territory of Alaska, is hereby authorized and empowered
(a)by contract or contracts, or by its own agents and employees, or otherwise than by contract, to construct a municipal electric system, together with all parts thereof and appurtenances thereto necessary or convenient for the generation, production, To acquire land and water rights.transmission, and distribution of electric energy, and to acquire by gift, purchase, or the exercise of the power of eminent domain, lands, easements, or rights in land or water rights in connection Operation, Etc.therewith;
(b)to operate and maintain said system for its own283use and benefit and for the use and benefit of public and private consumers or users within and without the territorial boundaries of said town;
(c)to issue its bonds to finance in whole or in part theBond issue. cost of the construction of said system;
(d)to prescribe and collectService fees. rates, fees, or charges for the services, facilities, and commodities furnished by said system;
(e)to pledge to the punctual payment ofPledge payment of obligations. said bonds and interest thereon all or any part of the gross or net revenues of said system (including improvements, betterments, or extensions thereto thereafter constructed or acquired);
(f)to enterEnter contracts. into contract with the United States of America or any Federal agency created or continued by or pursuant to the Emergency Relief Appropriation Act of 1935; and
(g)to subscribe to and complyComply with prescribed rules, etc.*Ante*, p. 115. with all rules and regulations prescribed or continued by the President of the United States of America pursuant to the Emergency Relief Appropriation Act of 1935. The common council of said Construction costs.town in determining the cost of the construction of said system may include all costs and estimated costs of the issuance of said bonds, all engineering, inspection, fiscal and legal expenses, andInterest. interest which it is estimated will accrue during the construction period and for six months thereafter on money borrowed or which it is estimated will be borrowed pursuant to this Act. Sec. 2. The construction of said system may be authorized underCommon council of town may authorize construction and bond issue. this Act, and bonds may be authorized to be issued under this Act by resolution or resolutions of the common council of said town. Said bonds shall bear interest at such rate or rates not exceedingInterest rate, maturity, etc. 6 per centum per annum, payable semiannually, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding forty years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, with or without premium, may be executed in such manner, may be in such form, either coupon or registered, may contain such terms, covenants and conditions, and may be declared or become due before the maturity date thereof, as such resolution or subsequent resolutions may provide. Said bonds shall be sold forBond sale, etc. not less than par and may be sold at either public or private sale. Pending the preparation of the definitive bonds, interim receipts orInterim receipts; certificates. certificates in such form and with such provisions as the common council of said town may determine, may be issued to the purchaser or purchasers of bonds sold pursuant to this Act. Said bonds andNegotiability. interim receipts or certificates shall be negotiable for all purposes. Said bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all the persons whose signatures appear thereon shall have ceased to be officers of the town. Sec. 3. Any resolution or resolutions authorizing the issuance ofCovenants in resolution authorizing bond issue. bonds under this Act may contain covenants as to
(a)the purpose or purposes to which the proceeds of sale of said bonds may be applied and the use and disposition thereof,
(b)the use and disposition of the revenue of said system, including the creation and maintenance of reserves,
(c)the transfer from the general funds of the town to the account or accounts of said system a sum or sums of money for furnishing such town or any of its departments, boards, or agencies with the services, facilities, and commodities of said system,
(d)the issuance of other or additional bonds payable from the revenue of said system,
(e)the operation and maintenance of said system,
(f)the insurance to be carried thereon and the use and disposition of insurance moneys,
(g)books of account 284and the inspection and audit thereof, and (h)‘the terms and conditions upon which the holders of said bonds or any proportion of them or any trustee therefor shall be entitled to the appointment of a receiver by the District Court for the Territory of Alaska, which court shall have jurisdiction in such proceedings, and which receiver may enter and take possession of said system, operate and maintain the same, prescribe rates, fees, or charges, and collect, receive, and apply all revenue thereafter arising therefrom in the Enforcing provisions.same manner as the town itself might do. The provisions of this Act and any such resolution or resolutions shall be a contract with the holder or holders of said bonds, and the duties of the town and of its common council and officers under this Act and any such resolution or resolutions shall be enforceable by any bondholder, by mandamus or other appropriate suit, action, or proceeding in any court of competent jurisdiction. Sec. 4. Service fees, etc. The common council of said town shall prescribe and collect reasonable rates, fees, or charges for the services, facilities, and commodities of said system, and shall revise such rates, fees, or charges from time to time whenever necessary so that said system shall be andRate provisions. always remain self-supporting. The rates, fees, or charges prescribed shall be such as will produce revenue at least sufficient
(a)to pay when due all bonds and interest thereon, for the payment of which such revenue is or shall have been pledged, charged, or otherwise encumbered, including reserves therefor, and
(b)to provide for all expenses of operation and maintenance of said system, including reserves therefor. Sec. 5. Redemption, etc., restrictions. No holder of any bond issued under this Act shall have the right to compel the levy of a tax by said town to pay the principal of or interest on such bonds. All bonds issued under this Act shall be payable solely from the. revenues pledged to the payment thereof and shall contain a recital to that effect. Such bonds may be issued notwithstanding any debt or other limitation or restriction prescribed by any other law. Sec. 6. Effective date. This Act shall become effective thirty days after its passage: *Provided, however*, *Proviso*.Restriction on exercise of powers granted.Sale by Seward Light and Power Company of holdings.That none of the powers herein granted to the said town of Seward, Alaska, shall be exercised by said town in the event that the Seward Light and Power Company, a corporation, shall within one week after a copy of this Act is served on said Seward Light and Power Company, offer in writing to sell and convey to the said town of Seward all right, title, and interest in and to its electric generating plant or plants, electric distributing system, pipe lines, and water rights now owned by it and used and employed in supplying electric energy to the inhabitants of said Price.town, said offer of sale to be for the sum of $75,000, and to guarantee that delivery of said title, free from encumbrance and debt of any kind, shall be made to said town upon payment of said sum, anytime within six months from date of said written offer to sell: *Provided further*, Time limitation.That said offer and agreement to convey title must be delivered by said Seward Light and Power Company, to the town clerk of said town of Seward, Alaska, within the time specified above. Service of copy of this Act on the Seward Light and Power Company shall be made by delivery thereof to its president, S. M. Graff, or any other officer of the corporation: *And provided further*, Bond issue authorized.That in the event the said Seward Light and Power Company offers to sell and convey its properties as provided for in this section? the said town is authorized to purchase such properties and to issue bonds for such purpose in an amount not to exceed $75,000, such bonds to be issued in the manner provided for in this Act. Approved, May 20, 1935. For the establishment of a commission for the construction of a Washington-Lincoln Memorial Gettysburg Boulevard connecting the present Lincoln Memorial in the city of Washington with the battlefield of Gettysburg in the State of Pennsylvania. 1935-05-20 134 Chapter 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 2025-01-07 49 Stat. 285 74 1 public 285 [CHAPTER 134.] JOINT RESOLUTION For the establishment of a commission for the construction of a Washington-Lincoln Memorial Gettysburg Boulevard connecting the present Lincoln Memorial in the city of Washington with the battlefield of Gettysburg in the State of Pennsylvania. May 20, 1935.[[S. J. Res. 43](/us/bill/74/sjres/43).][[Pub. Res., No. 19](/us/bill/74/pubres/19).] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That there isWashington-Lincoln Memorial Gettysburg Boulevard Commission. Establishment, composition, etc. hereby established a commission to be known as the United States Commission for the construction of a Washington-Lincoln Memorial Gettysburg Boulevard connecting the present Lincoln Memorial in the city of Washington with the battlefield of Gettysburg in the State of Pennsylvania (hereinafter referred to as the Commission), and to be composed of thirteen commissioners, as follows: The President of the United States; Presiding Officer of the Senate, the Speaker of the House of Representatives, and the President of the Commissioners of the District of Columbia, ex officio; two persons to be appointed by the President of the United States; one Senator from the State of Maryland and one Senator from the State of Pennsylvania, to be appointed by the President pro tempore of the Senate; the Chief of the Bureau of Public Roads, Department of Agriculture; the Director, National Park Service, Department of Interior; Engineer Commissioner of the District of Columbia; and one Representative from the State of Maryland and one from the State of Pennsylvania, to be appointed by the Speaker of the House of Representatives. The commissioners shall serveNo compensation. without compensation and shall select a chairman from among their number. Sec. 2. That there is hereby authorized to be appropriated, out ofAppropriation authorized. any money in the Treasury not otherwise appropriated, the sum of $10,000, to be expended by the Commission in accordance with the provisions of this resolution. Sec. 3. That it shall be the duty of the Commission to prepare aPreparation of plans, etc. plan or plans in cooperation with the Bureau of Public Roads, Department of Agriculture; the Highway Departments of Pennsylvania, Maryland, and District of Columbia to further commemorate the public services of George Washington and Abraham Lincoln by the construction of a boulevard or highway connecting the present Lincoln Memorial and the Washington Monument in the city of Washington with the Gettysburg battlefield in the State of Pennsylvania; and to give due and proper consideration to any plan or plans which may be submitted to it. Sec. 4. That the Commission, after selecting a chairman and aChairman, vice chairman and secretary. vice chairman from among its members, may employ a secretary and such other assistants as may be needed for clerical work connectedOther personal services. with the duties of the Commission and may also engage the services of expert advisers, and may fix their respective compensations within the amount appropriated for such purposes. Sec. 5. That the commissioners shall be paid their actual andTravel, etc., expenses. necessary traveling, hotel, and other expenses incurred in the discharge of their duties out of the amount appropriated. Sec. 6. That the Commission shall on or before one year afterReport to Congress. the date of enactment of this resolution, make a report to the Congress, in order that enabling legislation may be enacted, provided such enabling legislation stipulates that the said highway or boulevard shall be constructed by the Highway Departments of Pennsylvania,Construction under Federal supervision. Maryland, and District of Columbia, under the supervision of the Chief of the Bureau of Public Roads, Department of Agriculture, from funds provided by the said State of Pennsylvania, 286the said State of Maryland and the District of Columbia, including any future allocation of Federal-aid highway funds or grants to the said States of Pennsylvania, Maryland, and to the District of No Federal expense.Columbia. The passage of this Act does not commit the United States to build the said highway or boulevard at Federal expense, and if authorized the Federal funds for the construction of the said highway or boulevard will be the allocations that may accrue Payment from certain State, etc., allocated funds.to the said States and the District of Columbia in future appropriations of Federal-aid highway and grant funds. Any appropriations under the authority of this Act shall be deducted from the next regular apportionment or allocation of Federal-aid highway funds or Federal-grant highway funds, under existing or future authorizations as determined by the Secretary of Agriculture to Pennsylvania, Maryland and the District of Columbia. Sec. 7. Duration of Commission. That the term of Commission hereby created shall expire within one year after the completion of the proposed boulevard or highway. Sec. 8. Effective date. This joint resolution shall take effect immediately. Approved, May 20, 1935. Granting a leave of absence to settlers of homestead lands during the year 1935. 1935-05-22 135 Chapter 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 2025-01-07 49 Stat. 286 74 1 public [CHAPTER 135.] AN ACT Granting a leave of absence to settlers of homestead lands during the year 1935. May 22, 1935.[[S. 1776](/us/bill/74/s/1776).][[Public, No. 64](/us/pl/74/64).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Public lands.Homestead entrymen; leaves of absence, calendar year 1935. That any homestead settler or entryman who, during the calendar year 1935, should find it necessary, because of economic conditions, to leave his homestead to seek employment in order to obtain the necessaries of life for himself and family or to provide for the education of his children may, upon filing with the register of the district, his affidavit, supported by corroborating affidavits of two disinterested persons showing the necessity of such absence, be excused from compliance with the requirements of the homestead laws as to residence, cultivation, improvements, expenditures, or payment of purchase money, as the case may be, during all or any part of the calendar year 1935, Absence added to statutory life of entry.and said entries shall not be open to contest or protest because of failure to comply with such requirements during such absence; except that the time of such absence shall not be deducted from the actual residence required by law, but a period equal to such absence *Proviso*. Installment payment extension.shall be added to the statutory life of the entry: *Provided*, That any entryman holding an unperfected entry on ceded Indian lands may be excused from the requirements of residence upon the conditions provided herein, but shall not be entitled to extension of time for the payment of any installment of the purchase price of the land except upon proof satisfactory to the Secretary of the Interior that the entryman is acting in good faith and is financially unable Interest payment.to make the payments due, and upon payment of interest, in advance, at the rate of 4 per centum per annum on the principal of any unpaid purchase price from the date when such payment or payments became due to and inclusive of the date of the expiration of the period of relief granted hereunder. Approved, May 22, 1935. To amend section 21 of the Interstate Commerce Act, as amended, with respect to the time of making the annual report of the Interstate Commerce Commission. 1935-05-23 136 Chapter 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 2025-01-07 49 Stat. 287 74 1 public 287 [CHAPTER 136.] AN ACT To amend section 21 of the Interstate Commerce Act, as amended, with respect to the time of making the annual report of the Interstate Commerce Commission. May 23, 1935.[[H. R. 4005](/us/bill/74/hr/4005).][
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