Page:United States Statutes at Large Volume 45 Part 1.djvu/343

 29 '2 SEVENTIETH CONGRESS. SESS. I. Cia. 184. 1928 . Tolls under State, etc ., operation . Rates applied to op- eration, sinking fund, etc. Maintenance as free bridge, etc ., after amor- tiz ing costs. R ecord of expe ndi- tures and receipts. Sworn statement of construction costs, etc ., to be filed after comple- tion. In vesti gati on by Sec - retary of War. Fi nding s of Secr etar y conclusive. Right to sell, etc ., conferred. Amend ment. exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interest in real property, and (4) actual expenditures for necessary improvements. 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 thereafter charged for the use thereof, the rates of tolls shall be so adjusted as to provide a fund sufficent to pay for the reasonable cost of maintain- ing, repairing, and operati ng the bridge and its appro aches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor, or to amortize the bonds or other securities issued for that purpose with reasonable financing costs, as soon as possib le under reas onable charge s, 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 tolls shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the amount paid for acquiring the bridge and its approaches, the act ual expenditu res for maint aining, repair ing, and oper ating t he same and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested. SEC. G. The Dravo Contracting Company, its s uccessors and assigns, 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 Illinois and Missouri, a sworn itemized statement show- ing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary of War may, and upon request of the highway depart- ment 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 cost 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 Dravo Con- tracting Company, its successors and assigns, shall make available all records in connection with the construction, financing, 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 4 of this Act, subject only to review in a court of equity for fraud or gross mistake. 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 Dravo Contracting Company, 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 empowered to exercise the same as fully as though conferred her ein directly u pon such corp oration or per son. SEC. 8 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 10, 1928.

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