After 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. a sinking fund 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 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. 5. If such bridge is constructed as a combined railroad bridge for the passage of railway trains or street cars, and a highway bridge for the passage of pedestrians, animals, and vehicles then the right of purchase and condemnation conferred by this act shall apply to a right of way thereover for the passage without cost of persons, animals, and vehicles adapted to travel on public highways; and if the right of purchase or condemnation shall be exercised as to such right of way over the bridge then the measure of damages or compensation to be allowed or paid for such right of way shall be a sum equal to the difference between the actual fair cash value of such bridge determined in accordance with the provisions of section 3 of this act, and what its actual fair cash value so determined would have been if such bridge had been constructed as a railroad bridge only. If the right of purchase or condemnation conferred by this act shall be exercised as to the right of way over such bridge, then that part of the bridge which shall be purchased or condemned and shall be thereafter actually used for the passage of pedestrians, animals, or vehicles, shall be maintained, operated, and kept in repair by the purchaser thereof. SEC. 6. E. T. Franks, his heirs, legal representatives, 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 Kentucky and Indiana 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 at the 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 E. T. Franks, his heirs, legal representatives, and assigns, shall make available all 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 3 of this act, subject only to review in a court of equity for fraud or gross mistake. SEC. 7. E. T. Franks, his heirs, legal representatives, and assigns, is hereby authorized and empowered to fix and charge just and reasonable tolls for the passage of such bridge of pedestrians, animals, and vehicles adapted to travel on public highways, and the rates so fixed shall be the legal rates until the Secretary of War shall prescribe other rates of toll as provided in the act of March 23, 1906; and if said bridge is constructed as a railroad bridge, or a joint railroad and highway bridge, as provided in this act, the said E. T. Franks, his heirs, legal representatives, and assigns, is hereby authorized to fix by contract with any person or corporation desiring to use the same for the passage of railway trains, or street cars, or for placing water or gas pipe lines or telephone or telegraph or electric light or power lines, or for any other such purpose, the terms, conditions, and rates of toll for such use; but, in the absence of such contract, the terms and conditions and rates of toll for such use shall be determined by the Secretary of War as provided in said act of March 23, 1906. SEC. 8. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this act is hereby granted to the said E. T. Franks, his heirs, legal representatives, 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 forclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person. SEC. 9. All contracts made in connection with the construction of the bridge authorized by this act and which shall involve the expenditure of more than $5,000, shall be let by competitive bidding. Such contracts shall be advertised for a reasonable time in some newspaper of general circulation published in the States in which the bridge is located and in the vicinity thereof; sealed bids shall be required, and the contracts shall be awarded to the lowest responsible bidder. Verified copies or abstracts of all bids received and of the bid or bids accepted shall be promptly furnished to the highway departments of the States in which such bridge is located. A failure to comply in good faith with the provisions of this section shall render null and void any contract made in violation thereof, and the Secretary of War may, after hearings, order the suspension of all work upon such bridge until the provisions of this section shall have been fully complied with. SEC. 10. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, February 26, 1929. The bill has the approval of the War Department, as will appear by the letter attached and which is made a part of this report. WAR DEPARTMENT, February 1, 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. 9105, 71st Cong., 2d sess.) to extend the times for commencing and completing the construction of a bridge across the Ohio River approximately midway between the cities of Owensboro, Ky., and Rockport, Ind. PATRICK J. HURLEY, Hon. JAMES S. PARKER, DEPARTMENT OF AGRICULTURE, Chairman Committee on Interstate and Foreign Commerce, House of Representatives. DEAR MR. PARKER: Careful consideration has been given to the bill, H. R. 9105, transmitted with your letter of January 25, with request for a report thereon and such views relative thereto as the department might desire to communicate. This bill would extend for one and three years, respectively, from February 26, 1930, the times for commencing and completing the construction of the bridge across the Ohio River about midway between the cities of Owensboro, Ky., and Rockport, Ind., authorized by act of Congress approved February 26, 1929, to be built by E. T. Franks, his heirs, legal representatives, and assigns. The location indicated for the proposed bridge would connect the Federal-aid highway systems of the States of Indiana and Kentucky. Mr. Franks was first authorized to construct a bridge across the Ohio River at this point by act approved June 12, 1926, which by subsequent acts was extended until a new authorization was granted him by act of February 26, 1929. The department has repeatedly submitted adverse reports on the bills to authorize the construction of a private toll bridge at this point or for extending the times for commencing and completing such bridge after the authorization was given. It still is the view of the department that a private toll bridge should not be built at this point, and further that if Mr. Franks were at all able to construct or arrange for the construction of such a bridge ample time already has been allowed him within which to do so. Sincerely, R. W. DUNLAP, Acting Secretary. 2d Session No. 679 BRIDGE ACROSS KANAWHA RIVER BETWEEN HEN DERSON AND POINT PLEASANT, W. VA. FEBRUARY 13, 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 H. R. 9439] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 9439) to extend the times for commencing and completing the construction of a bridge across the Kanawha River between Henderson and Point Pleasant, W. Va., having considered the same, report thereon with an amendment, and as so amended, recommend that it pass. Amend the bill as follows: Line 9, after the word "approved" insert the words "March 2, 1927, heretofore extended by acts of Congress approved March 14, 1928, and". The acts of Congress referred to in the bill are as follows: [PUBLIC NO. 675-69тH CONGRESS] [H. R. 16116] An act granting the consent of Congress to the Henderson Bridge Company, its successors and assigns, to construct, maintain, and operate a bridge across the Kanawha River at or near the town of Henderson, West Virginia, to a point opposite thereto in or near the city of Point Pleasant, West Virginia Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby granted to Henderson Bridge Company, its successors and assigns, to construct, maintain, and operate a bridge and approaches thereto across the Kanawha River at a point suitable to the interests of navigation between a point in or near the town of Henderson, West Virginia, and a point opposite thereto in or near the city of Point Pleasant, Mason 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. After the completion of such bridge, as determined by the Secretary of War, either the State of West Virginia, any political subdivision thereof 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 interests in real property necessary therefor, by purchase or condemnation in accordance with the laws of such State governing the acquisition of private property for public purposes by condemnation. If at any time after the expiration of twenty years after the completion of such bridge the same is acquired by condemnation, 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 cost, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approahces and acquiring such interest in real property, and (4) actual expenditures for necessary improvements. SEC. 3. If such bridge shall at any time be taken over or acquired by any municipality or other political subdivision or subdivisions of the State of West Virginia, under the provisions of section 2 of this act, and if tolls are charged for the use thereof, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the cost of maintaining, repairing, and operating the bridge and its approaches, and to provide a sinking fund sufficient to amortize the amount paid for such bridge and its approaches 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 to amortize the cost of acquiring the bridge and its approaches shall have been 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 care, repair, maintenance, and operation of the bridge and its approaches. An accurate record of the amount paid for the bridge and its approaches, the expenditures for operating, repairing, and maintaining the same, and of daily tolls collected shall be kept and shall be available for the information of all persons interested. SEC. 4. The Henderson Bridge Company, its successors and assigns, shall, within ninety days after the completion of such bridge, file with the Secretary of War a sworn itemized statement showing the actual original cost of constructing such bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion cost. The Secretary of War may at any time within three years after the completion of such bridge investigate the actual cost of constructing the same, and for such purpose the said Henderson Bridge Company, its successors and assigns, shall make available all of its records in connection with the financing and the construction thereof. The findings of the Secretary of War, as to the actual original cost of the bridge, shall be conclusive, subject only to review in a court of equity for fraud or gross mistake. SEC. 5. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this act is hereby granted to Henderson Bridge Company, 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. 6. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 2, 1927. [PUBLIC NO. 171-70тH CONGRESS] [H. R. 9843] AN ACT To extend the times for commencing and completing the construction of a bridge across the Kanawha River in or near Henderson, West Virginia, to a point opposite thereto in or near Point Pleasant, 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 the bridge authorized by the act of Congress approved March 2, 1927, to be built across the Kanawha River in or near Henderson, West Virginia, to a point opposite thereto in or near Point Pleasant, West Virginia, are hereby extended one and three years, respectively, from the date of approval hereof. SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 14, 1928. [PUBLIC-No. 978-70TH CONGRESS] [H. R. 16431] AN ACT To extend the times for commencing and completing the construction of a bridge across the Kanawha River between Henderson and Point Pleasant, 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 across the Kanawha River between a point in or near the town of Henderson, West Virginia, and a point opposite thereto in or near the city of Point Pleasant, Mason County, West Virginia, authorized to be built by Henderson Bridge Company, its successors and assigns, by the act of Congress approved March 2, 1927, extended by act of Congress approved March 14, 1928, are hereby further extended one and three years, respectively, from March 2, 1929. SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 2, 1929. The Hon. James A. Hughes, who introduced this bill, has submitted the following information with respect thereto : Hon. JAMES S. PARKER, HOUSE OF REPRESENTATIVES, Chairman Committee on Interstate and Foreign Commerce, Washington, D. C. MY DEAR MR. PARKER: I am inclosing you herewith H. R. 9439, which is an act to extend the times for commencing and completing the construction of a bridge across the Kanawha River between Henderson and Point Pleasant, W. Va. The Legislature of West Virginia at the 1929 session created the State bridge commission and authorized it to acquire or construct vehicular bridges over streams either wholly within the State of West Virginia or over similar streams bordering the State. The purpose of this act is to defray the cost of these structures through the collection of tolls until the total amount of such tolls shall defray the cost. Afterwards these bridges are to be turned over to the public, free of tolls. One of the first projects taken up by the State bridge commission is that of the construction of the Henderson-Point Pleasant bridge. On March 2, 1927, an act of Congress was passed authorizing the Henderson Bridge Co. to build this particular bridge, and this authorization was subsequently extended, during which time various rights of way were procured, engineering work done, and other preliminaries accomplished. Within the past few months the State Bridge Commission of West Virginia acquired all of the rights heretofore held by the Henderson Bridge Co. and active steps are now being taken to prosecute the construction of this bridge to an early conclusion. However, the authorization for this bridge, under which the State bridge commission is now proceeding, will expire on March 2, 1930, and for that reason it is now necessary to procure a further extension of the time for commencing actual construction, as well as an extension for the time of completion. The Henderson Bridge Co. has procured practically all the rights of way; all necessary core drilling has been done; the preliminary plans have been completed and filed with the War Department; ordinances have been passed by both the town of Henderson and the city of Point Pleasant giving the right to cross and occupy the necessary streets and alleys. The foregoing items represent a total cash expenditure in excess of $17,000. If there is any further information which you desire with reference to this project, please advise me. Sincerely yours, J. A. HUGHES. The bill as amended has the approval of the War and Agriculture Departments, as will appear by the letters attached and which are made a part of this report. |