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BRIDGE ACROSS MAUMEE RIVER IN LUCAS COUNTY,

OHIO

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. 8524)

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 8524) to extend the time for commencing and completing the construction of a bridge across the Maumee River at or near its mouth in Lucas County, Ohio, having considered the same, report thereon with amendments, and, as so amended, recommend that it pass.

Amend the bill in line 3 by striking out the word "time" and inserting the word “times”.

The act of Congress approved March 4, 1929, referred to in the bill, is as follows:

(PUBLIC-No. 1030—70TH CONGRESS)

(H. R 15715)

AN ACT Authorizing Eugene Rheinfrank, his heirs, legal representatives, and assigns, to construct,

maintain, and operate a bridge across the Maumee River at or near its mouth 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 provide for military and other purposes, Eugene Rheinfrank, his heirs, legal representatives, and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Maumee River, within the county of Lucas, State of Ohio, at a point suitable to the interests of navigation, at a point at or near its mouth, or entrance into Maumee Bay, 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 Ohio, 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 interest in real property necessary therefor, by pur. chase or by condemnation or expropriation in accordance with the laws of such State governing the acquisition of private property for public purposes by condemnation or expropriation. If at any time after the expiration of five 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 cost, 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. 3. If such bridge shall at any time be taken over or acquired by the State of Ohio, or by any municipality or other political subdivision or public agency thereof, under the provisions of section 2 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 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. 4. Eugene Rheinfrank, 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 department of the State of 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, at the request of the highway department of the State of Ohio, 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 Eugene Rheinfrank, 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 2 of this act, 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 Eugene Rheinfrank, 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 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. 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 State 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 department of the State 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. 7. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 4, 1929.

The bill as amended 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, January 21, 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 bili (H. R. 8524, 71st Cong., 2d sess.) to extend the times for commencing and completing the construction of a bridge across the Maumee River at or near its mouth in Lucas County, Ohio. Minor changes in the bill have been indicated in red thereon.

PATRICK J. HURLEY,

Secretary of War.

DEPARTMENT OF AGRICULTURE,

Washington, D. C., January 22, 1930. Hon. JAMES S. PARKER, Chairman Committee on Interstate and Foreign Commerce,

House of Representatives. DEAR MR. PARKER: Careful consideration has been given to the bill H. R. 8524, transmitted with your letter of January 14 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 March 4, 1930, the times for commencing and completing the construction of the bridge across the Maumee River, at or near its mouth, in Lucas County, Ohio, authorized to be built by Eugene Rheinfrank, his heirs, legal representatives, and assigns, by act of Congress approved March 4, 1929. When the original bill to authorize the construction of this bridge was pending this department reported adversely thereon. The department still is of the view that a private toll bridge should not be authorized at this point. It, therefore, recommends against favorable action on the bill. Sincerely,

R. W. DUNLAP, Acting Secretary.

BRIDGE ACROSS OHIO· RIVER BETWEEN OWENSBORO,

KY., AND ROCKPORT, IND.

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FEBRUARY 13, 1930.-Referred to the House Calendar and ordered to be printed

Mr. JOHNSON of Indiana, from the Committee on Interstate and

Foreign Commerce, submitted the following

REPORT

[To accompany H. R. 9105)

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 9105) 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., having considered the same, report thereon with a recommendation that it pass.

The Hon. D. H. Kincheloe, who introduced this bill, has submitted the following information with respect thereto:

UNITED STATES HOUSE OF REPRESENTATIVES,

Washington, D. C., January 27, 1930. COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

House Office Building, Washington, D. C. GENTLEMEN: In reply to your letter of the 25th instant saying that your committee desires definite information as to just what the parties authorized to build the bridge mentioned in my bill, H. R. 9105, have done toward carrying out such authority, I desire to make the following statement:

On January 21, 1929, I wrote you a letter setting out the activities of the peopie desiring to build this bridge up to that date, and I inclose a copy of this letter which I hope you will make a part of your report. Supplementing this letter of January 21, 1929, and making it a part of this letter, will state that since that time, the Interstate Commerce Commission has granted to the Nashville Bridge Co. a certificate of public necessity and convenience authorizing it to build the railroad from Owensboro, Ky., to Rockport, Ind. The War Department has approved the plans and specifications to build this bridge, but it did not do so until about the middle of last month. However, the original plans and specifications drawn by the War Department were materially changed after a public hearing was granted to interested parties. Therefore, the Nashville Bridge Co. has had to materially change its plans by reason of this change in the plans and specifications of the War Department, and as you well know will take some time to do so, and will be unable to do so before the expiration of the last extension, and it is for this reason that I introduced H. R. 9105. The Nashville Bridge Co. is amply able financially

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