Page:United States Statutes at Large Volume 45 Part 1.djvu/187

 136 SEVENTIETH CONGRESS. SEss. I. Cii. 92. 1928 . Compensation if ac- If at any time after the expiration of twenty years after the com- quired by condem na- tion. pletion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed Limitations. shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduc- tion for actual depreciation in value, (2) the actual cost of acquiring such interests in real property, (3) actual financing and promotion costs, not to exceed 10 per centum of the sum of the cost of con- structing the bridge .and its approaches and acquiring such interests in real property, and (4) actual expenditures for necessary improvements. Tol ls u nder stat e, etc ., operation. SEC. 5 . If such bridge shall be taken over or acquired by the . States 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 op- eratiou, sinking fund, thereafter charged for the use thereof, the rates of toll shall be so et c. 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 free bridge, Maintenance free as after a reasonable interest and financing cost, as soon as possible under amortizing cos ts, reasonable charges, but within a period of not to exceed twenty years from the date of acquiring the same. 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 necess ary for the p roper maintena nce, repair, and operation of the bridge and its approaches under economi- Record of expendi- cal manag ement. An accurate record of the amount paid for acquir- tures and receipts. ing 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 inter ested. Swo rn st atem ent of construction costs, etc ., SEC 6 . The said Sistersville Ohio River Bridge Company, a cor- to be filed after com- porat ion, it s succ essors and ass igns, shall w ithin n inety days af ter the pletion. completion of such bridge file with the Secretary of War, and with the highway departments of the States of West Virginia and Ohio, a sworn itemized statement showing the actual original cost of con- structing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual Secetaarty ofiW a by the financing and promotion costs. The Secretary of War may, and upon request of the highway department of either of such States shall, at any time within three years after the completion of such bridge, i nvestigate suc h costs and d etermine the accuracy and t h e 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- structing, financing, a nd promoting such bridge ; for the purpose of such investigation the said Sistersville Ohio River Bridge Com- pany, a corporation, its successors and assigns, shall make available all of its records in connection with the construction, financing, and conclusive. Findings sofSecretary Secetary 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 4 of this Act, subject only to review in a court of equity for fraud or gross mistake. con Right to sell, etc ., SEC. 7. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred b this Act is hereby granted to the Siste rsville Ohio River Bridge Company, a cor poration, its successors and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned,

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