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BRIDGE ACROSS THE OHIO RIVER AT SISTERSVILLE,

W. VA.

May 29, 1935.-Referred to the House Calendar and ordered to be printed

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Mr. CROSSER of Ohio, from the Committee on Interstate and Foreign

Commerce, submitted the following

REPORT

(To accompany H. R. 7592]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 7592) to extend the times for commencing and completing the construction of a bridge across the Ohio River at Sistersville, W. Va., having considered the same, report thereon with a recommendation that it pass with the following amendment:

Page 1, line 6, after the word “Trustees” insert a comma.

The bill has the approval of the War and Agriculture Departments, as will appear by the letters attached.

WAR DEPARTMENT,

April 25, 1935. 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. 7592, Seventy-fourth Congress, first session, to extend the times for commencing and completing the construction of a bridge across the Ohio River at Sistersville, W. Va.

HARRY H. WOODRING,

Acting Secretary of War.

DEPARTMENT OF AGRICULTURE,

Washington, D. C., May 2, 1935. Hon. Sam RAYBURN, Chairman Committee on Interstate and Foreign Commerce,

House of Representatives. DEAR MR. RAYBURN: Careful consideration has been given to the bill, (H. R. 7592) transmitted with your letter of April 23 with request for a report thereon and such views relative thereto as the Department might desire to communicate.

This bill would extend for 1 and 3 years, respectively, from June 18, 1935, the times for commencing and completing the construction of the bridge across the

Ohio River at Sistersville, W. Va., authorized by act of Congress approved June
18, 1934, to be built by the Sistersville bridge board of trustees.
The bill is without objection so far as this Department is concerned.
Sincerely,

M. L. Wilson, Acting Secretary.

CONGRESS OF THE UNITED STATES,

HOUSE OF REPRESENTATIVES,

Washington, D. C., May 2, 1935. CHAIRMAN HOUSE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Recently this office had a request for data concerning the construction of a bridge across the Ohio River at Sistersville, W. Va. (See H.R. 7592.) I am submitting the enclosed data as submitted by the attorney representing the bridge trustees. Sincerely yours,

GEO. W. JOHNSON, M. C.

KIMBALL & SUGDEN,

Sistersville, W. Va., April 30, 1935. Hon. GEORGE W. JOHNSON,

House of Representatives, Washington, D. C. DEAR MR. JOHNSON: On August 13, 1934, at the courthouse of Monroe County, Ohio, at Woodsfield, the members of the Sistersville Bridge Board of Trustees organized by electing W. L. Sutton as chairman and C. S. Sutton as secretary of the board, they then being the mayor of Sistersville and president of the county court of Tyler County, W. Va., respectively. At the same time Ash, Howard, Needles & Tammen were employed to perform engineering and financing services and Kimball, Sugden & Brennan legal services. A copy of the minutes of the meeting is enclosed.

Pursuant to authority thereby given the board, by its chairman and secretary, entered into a written contract with Ash, Howard, Needles & Tammen, a copy of which is also enclosed.

There has been no further meeting of the board. Meanwhile C. S. Sutton, while still a member of the county court of Tyler County, has been succeeded as president by John W. Smith.

Pursuant to their contract Ash, Howard, Needles & Tammen have made an extensive survey of the local situation for the purpose of obtaining a loan and grant of Public Works Administration funds. Mr. Needles has handled the matter for his firm, and I am passing a copy of this letter, together with copies of your letter and that of the clerk of the commerce committee to him for particular advice of what he has done. With best wishes, I am Yours respectfully,

W. J. BRENNAN.

MINUTES OF A MEETING OF THE SISTERSVILLE BRIDGE BOARD OF TRUSTEES,

HELD AT THE COURTHOUSE OF MONROE COUNTY, AT WOODSFIELD, OHIO, ON THE 13TH DAY OF AUGUST 1934, AT 5 P. M.

Present: W. L. Sutton, C. S. Sutton, and Arnold Stauffer, being all of the trustees.

Upon motion duly made, seconded and unanimously carried W. L. Sutton was elected chairman of the board.

Upon motion duly made, seconded and unanimously carried C. S. Sutton was elected secretary and treasurer of the board.

Upon motion duly made, seconded and unanimously carried the following resolutions were adopted:

Resolved, That the Sistersville Bridge Board of Trustees do apply to the Federal Administration of Public Works for a grant and loan of sufficient funds to construct a toll bridge across the Ohio River at Sistersville, Tyler County, W. Va., in conformity with an act of Congress entitled “An act authorizing the Sistersville Bridge Board of Trustees to construct, maintain, and operate a toll bridge across the Ohio River at Sistersville, Tyler County, W. Va.", approved June 18, Resolved, That Ash-Howard-Needles and Tammen, consulting engineers of New York City and Kansas City, Mo., be, and they hereby are, employed by the board to perform engineering and financing services as set forth in a form of contract dated the 13th day of August 1934 now submitted; that the form of said contract as so submitted is approved; and that the president and secretary of the board are hereby authorized and directed to execute and deliver said contract on behalf of the board.

Resolved, That Kimball-Sugden and Brennan, attorneys-at-law, of Sistersville, W. Va., be, and they hereby are, employed as attorneys for and counsellors to the board; and that for such services said attorneys-at-law shall be paid the reasonable worth thereof solely out of funds granted and/or loaned by the Federal Administration of Public Works, or other agency, and the individual members of the board shall not be personally liable therefor. Upon motion the meeting adjourned to reconvene at the call of the chairman.

W. L. SUTTON, Chairman.

C. S. SUTTON, Secretary. This contract made and entered into this 13th day of August 1934 by and between the Sistersville Bridge Board of Trustees, created by an act of Congress entitled “An act authorizing the Sistersville Bridge Board of Trustees to construct, maintain, and operate a toll bridge across the Ohio River at Sistersville, Tyler County, W. Va.", approved June 18, 1934, hereinafter called the "board”, and Ash-Howard-Needles and Tammen, a partnership, of New York City and Kansas City, Mo., hereinafter called the "engineers”, witnesseth:

That whereas the board desires to finance and construct a bridge and approaches thereto as authorized by the above-mentioned act of Congress and in that behalf desires the services of the engineers, who desire to render such services.

Now, therefore, in consideration of the premises and of the agreements herein contained, the board and the engineers agree with each other as follows:

1. The engineers shall perform all engineering work, and furnish necessary services to provide for the financing and construction and completion of said bridge and approaches thereto.

2. The engineers shall make surveys, studies, traffic estimates, cost estimates, and assist in drafting application papers for submission to the Federal Administration of Public Works for funds with which to build the proposed bridge and approaches, and shall assist in carrying on the necessary negotiations with the said Administration for the purpose of securing funds with which to complete this bridge project.

3. The engineers shall make the necessary surveys and plans, and prepare the necessary application papers and assist in negotiations for a permit from the War Department for the construction of the proposed bridge.

4. The engineers shall make the necessary surveys, and shall prepare, subject to the approval of the Board, preliminary and final designs and complete detailed plans, specifications, invitations to bid, performance bond forms and contract forms for the construction of the said bridge and approaches and will attend lettings and aid in letting contracts. The engineers shall supply blueprint copies of plans and specifications to the board without charge and to bidders and others at a sum to cover the cost of making and mailing such copies.

5. The engineers shall assist in the acquisition of rights-of-way and properties required for this project and shall provide their own engineering services in connection therewith without compensation other than the fee named herein.

6. The engineers shall make triangulation and other general surveys which are required during construction; shall make customary field tests at the site during construction operations of concrete aggregates and other materials; shall inspect all materials and workmanship at the site; shall check all shop and other working drawings; and shall supervise all construction work.

7. The engineers shall undertake the inspection of any materials elsewhere than at the site if any contractor shall so desire, under the customary provisions, which shall be included in the construction contracts; and such inspection not at the site of the work shall be at the contractor's expense to be paid by the Board, for which the board shall reimburse itself by deduction from amounts due the contractor.

8. The Engineers shall supervise the work of any boring contractors making borings, or other foundation investigations. The engineers shall also supervise the activities of such inspection bureaus as the board may employ, which bureaus shall inspect steel and cement at mills and shops, and shall provide tests thereof, together with laboratory tests of concrete aggregates and of sample concrete cylinders.

9. The engineers shall prepare estimates to constitute the basis of payments to contractors, shall prepare written reports of progress during construction, and final report with complete record drawings upon completion, and shall perform all usual and customary engineering services properly pertaining to the construction of the entire bridge project and its appurtenances.

10. All such services of the engineers shall conform to all requirements made and to be made by the Federal Administration of Public Works applicable thereto.

11. As compensation for such services the board shall pay the engineers 6 percent of the total cost of construction of the completed bridge project and its appurtenances (excluding costs of rights-of-way and damages to abutting property), as follows: 342 percent of the estimated amount of each construction contract upon the letting thereof; the remaining 242 percent shall be payable in monthly installments proportional to payments for construction; and final payment shall be made not later than the final completion and acceptance of the entire project; provided that such compensation shall be paid solely out of funds granted and/or loaned by the Federal Administration of Public Works or other agency, and the individual members of the board shall not be personally liable therefor.

12. This contract shall bind and be for the benefit of the Board and its successors and assigns and of the engineers and their survivors and personal representatives, subject, however, to the approval of the Federal Administration of Public Works.

In witness whereof the parties hereto have caused the execution of the same in their names by their respective representatives thereunto duly authorized.

SISTERSVILLE BRIDGE BOARD OF TRUSTEES, By W. L. SUTTON, Chairman.

C. S. SUTTON, Secretary.

Ash-HOWARD-NEEDLES & TAMMEN,
By Enoch R. NEEDLES, Member of Partnership.

(PUBLIC-No. 406—73D CONGRESS)

[B. R. 9618) AN ACT Authorizing the Sistersville Bridge Board of Trustees to construct, maintain, and operate s toll

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 in order to promote interstate commerce, improve the postal service, and provide for military and other purposes, C. S. Sutton, president of the county court of Tyler County, West Virginia, and his successors in office, W. L. Sutton, mayor of the city of Sistersville, West Virginia, and his successors in office, and Arnold Stoeffer, president of the Board of County Commissioners of Monroe County, Ohio, and his successors in office, all as trustees, are 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 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; and said trustees shall own and hold said bridge in trust for Tyler County, West Virginia, Monroe County, Ohio, and the city of Sistersville, West Virginia; said trustees being known as and functioning as the Sistersville Bridge Board of Trustees, and serving without compensation. Said board of trustees is hereby granted the right to assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act.

Sec. 2. There is hereby conferred upon said board of trustees 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. The said board of Trustees 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. 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 the 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 reasonable interest and financing cost, as soon as possible, under reasonable charges, but within a period of not to exceed twenty years from the completion thereof. 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 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. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, June 18, 1934.

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