BRIDGE ACROSS OHIO RIVER AT SISTERSVILLE, W. VA. DECEMBER 20, 1930.-Referred to the House Calendar and ordered to be printed Mr. COOPER of Ohio, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT To accompany S. 4665] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (S. 4665) extending the times for commencing and completing the construction of a bridge across the Ohio River at Sistersville, Tyler County, W. Va., having considered and amended the same, report thereon with a recommendation that it pass. Amend the bill as follows: Line 10, strike out the figures "1930" and insert the figures "1931" in lieu thereof. The bill has the approval of the War Department, as will appear by the letter attached. WAR DEPARTMENT, June 13, 1930. Respectfully returned to the chairman Committee on Commerce, United States Senate. So far as the interests committed to this department are concerned, I know of no objection to the favorable consideration of the accompanying bill (S. 4665, 71st Cong., 2d sess.) extending the times for commencing and completing the construction of a bridge across the Ohio River at Sistersville, Tyler County, W. Va., if amended as indicated in red thereon. F. TRUBEE DAVISON, The acts of Congress referred to in the bill are as follows: [PUBLIC-No. 64-70TH CONGRESS] [H. R. 9186] AN ACT Authorizing the Sistersville Ohio River Bridge Company, a corporation, its successors and assigns, to construct, maintain, and operate a bridge across the Ohio River at or near Sistersville, Tyler County, West Virginia Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to facilitate interstate commerce, improve the postal service, and provide for military and other purposes, Sisters ville Ohio River Bridge Company, a corporation, its successors and assigns, be and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Ohio River, at a point suitable to the interests of navigation, at or near the city of Sistersville, Tyler County, West Virginia, 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. There is hereby conferred upon Sistersville Ohio River Bridge Company, a 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 mairtenance of such bridge and its approaches as are possessed by railroad corporstions 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. The said Sistersville Ohio River Bridge Company, a 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 rates until changed by the Secretary of War under the authority contained in the act of March 23, 1906. SEC. 4. After the completion of such bridge, as determined by the Secretary of War, either the State of West Virginia, the State of Ohio, 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 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 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 of 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. If such bridge shall 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 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 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 toils, 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 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 for the information of all persons interested. SEC. 6. The said Sistersville Ohio River Bridge Company, a 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 West Virginia and Ohio, 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 costs. The Secretary of War may, and upon request of the highway 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 Sistersville Ohio River Bridge Company, a 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 of War as to the reasonable costs of the 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 the rights, powers, and privileges conferred by this act is hereby granted to the Sistersville Ohio River Bridge Company, a 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 hereby expressly reserved. Approved, February 20, 1928. [PUBLIC NO. 987-70TH CONGRESS] (H. R. 16609) AN ACT Extending the times for commencing and completing the construction of a bridge across the Ohio River at Sistersville, Tyler County, West Virginia Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the times for commencing and completing the construction of a bridge authorized by an act of Congress approved February 20, 1928, to be built by the Sistersville Ohio River Bridge Company, its successors and assigns, across the Ohio River at or near Sistersville, Tyler County, West Virginia, are hereby extended one and three years, respectively, from February 20, 1929. SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 2, 1929. BRIDGE ACROSS MISSISSIPPI RIVER BETWEEN CHEROKEE AND OSAGE STREETS, ST. LOUIS, MO. DECEMBER 20, 1930.-Referred to the House Calendar and ordered to be printed Mr. MILLIGAN, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT [To accompany H. R. 12966] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 12966) authorizing H. C. Brenner Realty & 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, St. Louis, Mo., having considered and amended the same, report thereon with a recommendation that it pass. Amend the bill as follows: Page 2, line 15, after the word "other" strike out the word "poperty" and insert the word "property" in lieu thereof. Page 5, line 9, after the word "and" strike out the words "at the" and insert the word "upon" in lieu thereof. Line 23, after the word "section" strike out the figure "2" and insert the figure "4" in lieu thereof. The bill has the approval of the War Department, as will appear by the letter attached. WAR DEPARTMENT, June 19, 1930. Respectfully returned to the chairman Committee on Interstate and Foreign Commerce, House of Representatives. So far as the interests committed to this department are concerned, I know of no objection to the favorable consideration of the accompanying bill (H. R. 12966, 71st Cong., 2d sess.), authorizing H. C. Brenner Realty & Finance Corporation to construct a bridge across the Mississippi River at or near a point between Cherokee and Osage Streets, St. Louis, Mo. HR-71-3-VOL 1- -15 F. H. PAYNE, Acting Secretary of War. |