Page:United States Statutes at Large Volume 45 Part 1.djvu/1375

 1324 SEVENTIETH C ONGRESS. SESS. II. CH. 343. 1929 . anima ls, o r veh icle s, sh all b e ma intai ned, opera ted, and kept in repair by the purch aser t hereof. Sworn stet•went of SEC. 6. E. T. Franks his heirs , legal representatives, and assigns, construction costs, etc ., , Ptebofiled after com- shall, within ninety days after the completion of such bridge, file with the Secretary of War and with the highway departments of the States of Kentucky and Indiana 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 neces sary there for, and the a ctua l fin ancin g and pro motio n cos ts. r eta of Examination of War . by sec- The Secretary of War may, and at the requ est of the highway department of either of such States 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 E. T. Franks, his heirs, legal representatives, and assigns, shall make available all records in connection with the construction, financing, c onc lus ive Fin ives f secretary 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 3 of this Act, subject only to review in a court of equity for fraud or gross mistake. Tolls authorized. SEC. 7. E. T. Franks, his heirs, legal representatives, and assigns, is hereby authorized and empowered to fix and charge just and rea sonable t olls for the passa ge of suc h bridge of pedest rians, an imals, and vehicles adapted to travel on public highways, and the rates Vol.34,p.85. so fixed shall be the legal rates until the Secretary of War shall contracts for use by prescribe other rates of toll as provided in the Act of March 23, 1906 ; railway lines, public utilities, etc and if said bridge is constructed as a railroad bridge, or a joint . railroad and highway bridge, as provided in this Act, the said E. T. Fra nks, his heirs, le gal repre sentative s, and as signs, is hereby a uthor- ized to fix by contract with any person or corporation desiring to use the same for the passage of railway trains, or street cars, or for placing water or gas pipe lines or telephone or telegraph or electric Terms in absence of lig ht or power lines, or fo r any other such pu rpose, the t erms, con- contract. ditions, and rates of toll for such use ; but, in the absence of such contract, the terms and conditions and rates of toll for such use shall Vol.34,p.85. be determined by the Secretary of War as provided in said Act of March 23, 1906. confe red to sell, etc ., SEc. 8 . The right to sel l, ass ign, t ransfe r, and mortga ge all the rights, powers, and privileges conferred by this Act is hereby granted to the said E. T. Franks, his heirs, legal representatives, and assigns, and .any corporation to which or any person to whom such rights, powe rs, an d priv ileges may b e sold, assig ned, o r tran sferre d, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though Contracts for con. conferred herein directly upon such corporation or person. struction to be let to SEc. 9. All contracts made in connection with the construction of lowest bidder. the bridge authorized by this Act and which shall involve the expenditure of more than $5,000, shall be let by competitive bidding. Advertising, etc . Such contracts shall be advertised for a reasonable time in some newspaper of general circulation published in the States 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 contracts void if de artments of the States in which such bride is located. A failure made in viol atio n of p g pr ovi sio ns. to comply in good faith with the provisions of this section shall

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