Public Law 309. to regulate the construction of bridges over navigable [34 Stat. 84](/us/stat/34/84).[33 U

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(/us/pl/76/308)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Missouri River.Bridge authorized across, at Petersburg, Mo. That in order to promote interstate commerce, improve the postal service, and provide for military and other purposes, the county of Howard, State of Missouri, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Missouri River, at a point suitable to the interests of navigation, at or near Petersburg, Missouri, in accordance with the provisions of the Act entitled “An Act to regulate the construction of bridges over navigable [34 Stat. 84](/us/stat/34/84).[33 U. S. C. §§ 491–498](/us/usc/t33/s491–498).waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

Sec. 2. Right to acquire real estate, etc. There is hereby conferred upon the county of Howard, State of Missouri, 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 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 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. Toll charges. The said county of Howard, State of Missouri, is hereby authorized to fix and charge tolls for transit over such bridge, 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. Application of tolls 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 53 Stat. 1239the 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 interest at a rate of not to exceed 5 per centum per annum and reasonable financing cost, as approved by the Commissioner of Public Roads, as soon as possible, under reasonable charges, but within a period of not to exceed twenty-five years from the completion thereof.

After a sinking fund sufficient for suchMaintenance as free bridge after amortizing costs, etc.Record of expenditures and receipts. amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls. An accurate record of the cost of the 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. Notwithstanding any restrictions or limitations imposedExtension of Federal aid. by the Act entitled “An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes”, approved July 11, 1916, or by the Federal Highway Act,[39 Stat. 355](/us/stat/39/355); [42 Stat. 212](/us/stat/42/212).[23 U. S. C. chs. 1, 2; Supp. IV, chs. 1, 2](/us/usc/t23/ch1/ch2). or by an Act amendatory of, or supplemental to either thereof, the Secretary of Agriculture or any other Federal Department or agency of the United States Government may extend Federal aid under such Acts for the construction of said bridge out of any money allocated to the State of Missouri with the consent of the State highway commission of said State.

Sec. 6. The right to alter, amend, or repeal this Act is herebyAmendment. expressly reserved. Approved, August 7, 1939. To facilitate certain construction work for the Army, and for other purposes. 1939-08-07 511 Chapter 53 Stat. 1239 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 2024-11-24 76 1 public [CHAPTER 511] AN ACT To facilitate certain construction work for the Army, and for other purposes.

August 7, 1939[[S. 2562](/us/bill/76/s/2562)][[Public, No. 309](/us/pl/76/309)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Missouri River.Bridge authorized across, at Petersburg, Mo. That to enable theArmy, construction work, Alaska and Canal Zone. Secretary of War to accomplish without delay or excessive cost those public-works projects for which appropriations are available or may become available, to be located in Alaska and the Panama Canal Zone, he is hereby authorized to enter into contracts upon a cost-plus-a-fixed-fee Contracts authorized on a cost-plus-a-fixed-fee basis.basis after such negotiations as he may authorize and approve and without advertising for proposals with reference thereto.

Approval by the President shall be necessary to the validity of anyApproval by the President.Amount of fee. contract entered into under authority of this section. The fixed fee to be paid the contractor as a result of any contract entered into under authority of this section shall be determined, at or before the time such contract is made, and shall be set forth in such contract. Such fee shall not exceed 10 per centum of the estimated cost of theLimitation. contract, exclusive of the fee, as determined by the Secretary of War.

Changes in the amount of the fee shall be made only upon materialChanges. changes in the scope of the work concerned as determined by the Secretary of War whose determination shall be conclusive.

(b)Negotiations under this section shall be between the SecretaryNegotiations. of War, or a duly authorized representative, and three or more reputable and qualified contracting individuals, firms, or corporations regularly engaged in work of comparable magnitude and class to that contemplated by the negotiations, as determined by the Secretary of War, and contracts may be made with any such individual, firm, or corporation, or with any two or more of them jointly, upon such terms and conditions as the Secretary of War may determine to be fair and equitable and in the interests of the national defense.53 Stat. 1240 Detail of Army officer as executive representative of contracting officer.For each contract entered into under authority of this section the Secretary of War may detail an Army officer to duty, without additional compensation, as an executive representative of the contracting officer. The contract shall provide that the officer so detailed shall have the right to attend any meetings of the board of directors or other executive or administrative board or committee of any corporation, partnership, firm, or syndicate which is or may become a party thereto for the purpose of submitting propositions, propounding questions, and receiving information relative to any matter within the purview of the contract with the intent and for the purpose of safeguarding the interests of the United States, coordinating efforts, and promoting mutually beneficial relationships, and making decisions within the scope of his delegated authority and not in conflict with any provision of the contract.

(c)Waiver of performance, etc., bond. In any project the contract for which is negotiated under authority of this section, the Secretary of War may waive the requirement Acceptance of materials.of a performance and a payment bond and may accept materials required for any such project at such place or places as he may deem necessary to minimize insurance costs.

(d)Annual report to Congress. The Secretary of War shall report annually to the Congress all contracts entered into under authority of this section, including the names of the contractors and copies of the contracts concerned, together with the amounts thereof. Sec. 2. Employment of outside corporations when advantageous to national defense. Whenever deemed by him to be advantageous to the national defense, and providing that in the opinion of the Secretary of War the existing facilities of the War Department are inadequate, the Secretary of War is hereby authorized to employ, by contract or otherwise, outside architectural or engineering corporations, firms, or individuals for the production and delivery of the designs, plans, drawings, and specifications required for the accomplishment of any public works or utilities project of the War Department without [42 Stat. 1488](/us/stat/42/1488).[5 U. S. C. §§ 661–674; Supp. IV, §§ 673, 673c](/us/usc/t5/s661–674/673/673c).[R. S. § 3709](/us/rs/s3709).[41 U. S. C. § 5](/us/usc/t41/s5).Fee limitation.reference to the Classification Act of 1923 (42 Stat. 1488), as amended (5 U. S. C., ch. 13), or to section 3709 of the Revised Statutes of the United States (41 U. S. C. 5). In no case shall the fee paid for any service authorized by this section exceed 6 per centum of the estimated cost, as determined by the Secretary of War, of the project to which such fee is applicable. Approved, August 7, 1939. Authorizing the construction of a highway bridge across the Chesapeake and Delaware Canal at Saint Georges, Delaware. 1939-08-07 512 Chapter 53 Stat. 1240 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 2024-11-24 76 1 public [CHAPTER 512] AN ACT Authorizing the construction of a highway bridge across the Chesapeake and Delaware Canal at Saint Georges, Delaware. August 7, 1939[[S. 2574](/us/bill/76/s/2574)][

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