Page:United States Statutes at Large Volume 45 Part 1.djvu/1363

 1312 SEVENTIETH CONGRESS. SEss. II. Ca. 329. 1929 . Compensation, if ac- tion or expropriation. If at any time after the expiration of twenty quir ed by conde mna- tion° yea rs after the completion of such bridge t he same is ac quired by condemnation or expropriation, the amount of damages or compen- sat ion to be all owed shall not include good will, going value, or Limitations, prospective revenues or profits, but shall be limited to the sum of (1) the actu al c ost of c onst ruct ing such bri dge and its appr oach es, less a reasonable deduction for actual depreciation in value ; (2) the actual cost of acquiring such interest in real property ; (3) actual financing and promotion costs not to exceed 10 per centum of the sum of the cost of constructi ng the bridge and its appro aches and acquiring such interests in real property ; (4) actual expenditures for necessary improvements. etc.olls uti nder State, SEC. 5. If such bridge shall at any time be taken over or acquired by the State or public agencies or political subdivisions thereof, or by either of them, as provided in section 4 of this Act, and if tolls are Rates applied to oper- thereafter charged for the use thereof, the rate of toll shall be so ation, sinking fund, etc. t~ 7 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 rea sonable inter est and finan cing cost, as soon as possi ble under reasonable charges, but within a period of not exceeding twenty years Maintenance as free from the date of acquiring the same. After a sinking fund sufficient bridge, etc ., after amor- tizing costs, etc. for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rate 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. opera tion of the b ridge and its approaches un der economical ta re Record s and rof rsendt management. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for main- taining, 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. Sworn statement of SEC. 6. The said Thomas E. Brooks, and his associates and assigns construction costs, etc ., to be filed after comple. shall within ninety days after the completion of such bridge, file tion. with the Secretary of War and with the highway department of the State of Florida, 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 estate necessary therefor, and Examination by Sec- retary of War. the act ual financing and promotion costs. The Secretary of War may, upon request of the highway department of the State of Florida, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of con- structi ng, financing, and promotin g such bridge ; for the purp ose of such investigation the said Thomas E. Brooks, his associates and assigns, shall make available all of their records in connection, with Finding o f Secretary conclusive. the con struction, fi nancing, and p romotion ther eof. The findi ng of the Secretary of War as to the reasonable costs of construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 4 of this Act, subject only to review Right to sell, etc., the court of equity for fraud or gross mistake. , conferred. SEC. 7. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to the sa id Tho mas E. Bro oks of Camp W alton, Florida, his asso- ciates and assigns ; and any corporation or person to which or 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

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