234.190. May join with other states to secure bridge--contract--bonds. - Missouri Statutes

May join with other states to secure bridge--contract--bonds.

234.190. The state highways and transportation commission ofMissouri is hereby vested with authority to join with the statehighways and transportation commission or a suitable public bodyof any such other state in the execution of contracts with theowner of any toll bridge which may now or hereafter beconstructed across any such river, from a point in Missouri to apoint in any such other state, and with the holder of any bondsissued in connection with the construction of such bridge, andwith anyone else, by the terms of which contracts the statehighways and transportation commission of Missouri and such statehighway commission or suitable public body of any such otherstate, shall maintain, operate, and insure such bridge, and fixand collect and apply tolls thereon, and shall construct andmaintain and operate as free state highways, approaches theretoand shall make and treat as part of the highway system of theirrespective states, such entire bridge and any part of suchapproaches lying within their respective states; provided, thatas between such commissions or other public bodies of therespective states, their obligations under such contracts shallbe at their joint expense, but that as between them and theholders of bonds above referred to or other third parties, theobligations of such commissions or other public bodies may bejoint and several; provided further, that such holders of bondsor other third parties may enforce all obligations of suchhighway commissions or public bodies under such contracts bymandamus or other suit in law or equity to require suchcommissions or public bodies to account as if they were trusteesof an express trust for such holders of bonds or other thirdparties; and provided further, that the state of Missouri pledgesthat the powers of the state highways and transportationcommission of Missouri will not, while any bonds of the kindabove referred to are outstanding, be altered in such a way thatthe rights and remedies of the holders of such bonds in any waybe impaired; and provided further, that the authority herebyvested to enter into such contracts or agreements shall existonly in cases where the tolls received from the operation of suchbridge, after the execution of such contract or agreements, shallbe used solely for the retirement of the costs of construction ofsuch bridge, with interest thereon, including bonds issued forthat purpose, if any, and where the owner of such bridge byproper legal action has agreed to transfer or has transferred thetitle to and ownership of such bridge, free of cost, to the stateof Missouri and such other state, subject to, but not inassumption of, any incumbrance, or any part thereof, thenexisting against any such bridge; provided further, that theowner of such bridge shall furnish to the said state highways andtransportation commission or other proper authorities so enteringinto such contract or agreement a verified statement of the costof the construction of such bridge, together with a verifiedstatement of the sums remaining unpaid at the time of theexecution of such contracts or agreements, including a statementof the terms upon which the balance of the cost of theconstruction remaining unpaid, with interest, including bondsissued for that purpose, if any, is to be paid; and providedfurther, that tolls shall be charged for the use of such bridgeonly until such time as the cost of the construction thereof,with interest, including bonds issued for that purpose, if any,shall have been fully paid, after which such bridge shall becomea free bridge.

(RSMo 1939 § 8545)