Page:United States Statutes at Large Volume 45 Part 1.djvu/356

 SEVENTIETH CONGRESS. SEss. I. Cii. 204. 1928. 305 able 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, in- cluding reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty years from the date of acquiring the same. After a sinking Maintenance as free YY g bridge, etc ., after amor- fund sufficient for such amortization shall have been so provided, tizing costs . 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 necessary for the proper maintenance, repair, and operation of the bridge and its approaches under eco- nomi cal ma nag eme nt. An accurate record of the amount paid for Record of espendi- acquiri ng the bridg e and its ap proach es, the actua l expe nditur es for tures and receipts. maintaining, repairing, and operating the same, and of the daily tolls col lected sh all be ke pt and sh all be av ailable f or the in formation of all pe rsons int erested. SEC. 5 . If such bridge is constructed as a combined railroad bride Application of so- SEC. of right of for the passage of railway trains or street cars, and a highway bridge way for comb ined for the passage of pedestrians, animals, and vehicles, then the right brid ge. of purchase and condemnation conferred by this act shall apply to a right of way thereover for the passage without cost of persons, animals, and vehicles adapted to travel on public highways ; and if the right of purchase or condemnation shall be exercised as to such right of way over the bridge, then the measure of damages or com- pensation to be allowed or paid for such right of way shall be a sum equal to the difference between the actual fair cash value of such bridge determined in accordance with the provisions of section 3 of this Act, and what its actual fair cash value so determined would have been if such bridge had been constructed as a railroad bridge Main tenan ce, etc. , of only. If the right of purchase or condemnation conferred by this highway bridge. Act shall be exercised as to the right of way over such bridge, then that part of the bridge which shall be purchased or condemned and shall be thereafter actually used for the passage of pedestrians, anim als, or ve hicle s, s hall be ma inta ined, oper ated, and kept in repair by the purchaser thereof. SEC. 6 . T he May sville Bridg e Comp any, i ts suc cessors and a ssigns , sworn statement of construction costs, etc ., shall within ninety days after the completion of such bridge file to be filed after comple- with the Secretary of War, and the highway departments of the lion. States of Kentucky and Ohio, a sworn itemized statement showing the actu al origin al cost o f constru cting th e bridge and its a pproaches , the ac tual c ost of acqui ring a ny int erest i n real prope rty ne cessar y Inve stiga tion by S ee- therefor, and the actual financing and promotion costs. The Secre- retary of war. tary of War may, and upon request of the highway departme nt 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 state- ment 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 Maysville Bridge Company, its successors and assigns, shall make available all of its records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of War as to the Find ings of S ecret ary Y conclusive, reasonable costs of the construction, financing, and promotion of the bri dge sh all be concl usive for th e purpo ses me ntione d in s ection 3 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 confe rred to s ell, etc ., rights, powers, and privileges conferred by this Act is hereby granted to th e May svill e Br idge Compa ny, its s ucces sors and assig ns, a nd

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