Page:United States Statutes at Large Volume 45 Part 1.djvu/193

 142 SE VE NT IE TH CONGRESS. Suss. I. CH. 97. 1928 . the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, Limitations. but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value ; (2) the actual cost of acquiring such interests in real property ; (3) actual financing and promotion cost, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interest in real pr o pe r ty ; and (4) actual expenditures for necessa ry improvements. Toi ls under state, SEC. 3. If such bridge shall at any time etc ., operation. be taken over or acquired by the State of Kentucky or by any municipality or other political Rates applied to op- subdivision or public agency thereof, under the provisions of section eration, sinking fund, 2 of this Act, and if tolls are charged for the use thereof, the rates etc. of toll 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 approa ches u nder ec onomic al mana gement, and to provide a sinking fund sufficient to amortize the amount paid therefor as soon as possible under reasonable charges, but within a period of not to exceed twenty years from the date of acquiring Maintenance as free the same. After a sinking fund sufficient to pay the cost of acquir- e ing costs afte r am •r- ing the bridge and its approaches shall have been so provided, such bridge s hall the reafter be mainta ined and operate d free o f tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary fo r the proper maintenance, Recor d of exp endi- repair, and operation of the bridge and its approaches under eco- tures and receipts. nomi cal man agem ent. An accurate record of the amount paid for acquirin g the br idge and its appr oaches, the actu al expen ditures 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. Construction costs, a etc ., sst r costs o SEC. 4 . The Midland Bridge Company, Incorporated, at Paducah, co m- pletion . riled af ter •om- pletion. Kentuck y, its s uccessor s and as signs, s hall wit hin nine ty days after the completion of such bridge file with the Secretary of War, and with the highway department of the State of Kentucky, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest Investigation by See- in real property necessary therefo r, and the actual financing and rotary of war. promotion costs. The Secretary of War may, and at the request of the highway department of the State of Kentucky shall, at any time within three years after the completion of such bridge, investi- gate 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 Midland Bridge Company, Incorporated, of Pad ucah , Kentucky, its successors and assigns, shall make available all records Findi ngs o f Se creta ry in connection with the construction, financing, and promotion thereof. conclusive. The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promotion 'of the bridge shall be concl usiv e for the purp oses ment ione d in sect ion 2 of this Act, sub ject Rightto sell, etc ., only to review in a court of equity for fraud or gross mistake. conferred. SEC. 5 . The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to Midland Bridge Company, Incorporated, of Paducah, Kentucky, its successors and assigns, and any corporation to which or any person 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

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