Page:United States Statutes at Large Volume 46 Part 1.djvu/587

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

544

SEVENTY-FIRST CONGRESS . SEss. II. CH. 441. 1930 . Missouri River.

MISSOURI RIVER AT OMAHA, NEBRASKA Richard L . Metcalf, S E C . 3 . ( a) That in order to facil itate in terstate commerc e improve and others, as trustees, map bridge, at Omaha, the postal service, and provide for military and other purposes, Nebr .,

Richard L . Metcalf Mayor of Omaha, Nebraska, and his successors Post, p . 1192.

~

0

1 in office, Oscar H. Brown, Mayor of Council Bluffs, Iowa, and his successors in office, Harry H . Lapidus, of Omaha, Nebraska, Mathew E . O'Keefe, of Council Bluffs, Iowa, and C . A. Sorensen, Attorney General of the State of Nebraska, and his successors in office, all as Plans, etc ., to be trustees, are hereby authorized and empowered to cause to be pre- adop ted . pared and to adopt plans and specifications for, and to construct, maintain, and operate a bridge and approaches thereto across the Missouri River, and to own and hold the same in trust for said Con struction . cities of Omaha and Council Bluffs and the States of Iowa and Nebraska . Said bridge shall be constructed at a point suitable to the interests of navigation, at or near Farnam Street, Omaha, Nebraska, Vol.34,p.84. 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 con- Trustees designated 4- "The Omaha-Council ained in this Act. Said five trustees shall act ointly under the ~

., Bluffs Missouri River designation and style of " The Omaha-Council Bluffs Missouri River swag e Board of Trus- tees." Bridge Board of Trustees " and in that name may construct, operate, and hold said bridge . No act of said Board shall be valid unless co ncurred in by not less than th ree members thereof . The firs t meeting of said Board after the passage of this Act shall be called not less than twenty days subsequent thereto and by not less than three members thereof, and the written notice of said first meeting shall designate the exact place and time . The Board shall select a chairman from its own number but its secretary and treasurer need ferred . epower°on- not be members thereof . The Board shall have all the ordinary an d usual powers ne cessary to carry out the purpose s of sect ion 3 of this Act, and in connection therewith may adopt rules of procedure and by-laws ; enter into contracts and employ such managers, agents, and clerical help as may be necessary ; fill any vacancy caused by the death, resignation, or refusal and failure to act of any one of the two nonpublic officer members of the Board, or the refusal and failure to act of any one of the three public officer members of the board . The term of any person selected to fill a vacancy caused by the refusal and failure to act of any one of the three public officer members shall terminate with the election and qualification of said official member's successor in office . Rte, etc, location,forl o tion,

(b) There is hereby conferred upon The Omaha-Counc il Bluffs estate approaches, etc. Missouri River Bridge Board of Trustees, its legal representatives, and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other prop- erty needed for the location, construction, operation, and maintenance of such bridge and its approaches as are possessed by railroad cor- porations 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 ascer- tained and paid according to the laws of such State, and the pro- ceedings therefor shall be the same as in condemnation or expro- Tolls authorized .

priation of property for public purposes in such State . (c) The said The Oma ha-Council Bluffs Missouri Riv er Bridge Board of Trustees, its legal representatives, and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be such as will amortize the cost of said bridge within a period fixed by said Board but not to exceed Vol.34,p.88.

twenty years and such rates of toll so fixed shall be the legal rates