Page:United States Statutes at Large Volume 45 Part 1.djvu/358

 SEVENTIETH CONGRESS. SEss. I. Chi:. 205. 1928 . 307 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 constructing the bridge a nd its approa ches and acqu iring such int erest in real property, and (4) actual expenditures for necessary Improvements. Tolls un der State, SEC. 5 . If such bridge shall be taken over or acquired by the States etcƒ operation. or public agencies or political subdivisions thereof, or by either of Rates applied to op- them, as provided in section 4 of this Act, and if tolls are thereafter eration, sinking fund, charged for the use thereof, the rates of tolls shall be so adjusted "t o- as to provid e a fund suff icient to pay for the reaso nable 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 as soon as possible under reasonable charges, but within a period of not to exceed twenty Maintenance as fr ee years from the date of acquiring the same . After a sinking fund bridge, etc ., after amor- sufficient to pay the cost of acquiring the bridge and its approaches tizing cos ts . 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 Record of expendi- of the bridge and its approaches under economical management . An tures and receipts. accurate record of the amount paid for acquiring the bridge and its appr oach es, the actu al e xpen ditu res for main tain ing, rep airi ng, and operating the same and of the daily tolls collected, shall be kept and shall be avai lable for the inform ation of all persons inter ested. Swo rn st atem ent of SEC. 6. The Dwight P. Robinson and Company, Incorporated, its construction costs to be successors and assigns, shall within ninety days after the completion filed after completion. of such brid ge file with the Secretary of War, and w ith the high- way departments of the States of Kentucky and Ohio, a sworn itemized statement showing the actual original cost of constructing the bridge and it approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and pro- Inve stig ation by See- motion costs. The Secretary of War may, and upon request of the retary of war . 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 Dwight P. Robinson and Company, Incorporated, its successors and assigns, shall make a vailable all records in con nection with FindingsofSecretary the construction, financing, and promotion thereof. The findings of conclusive. 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 the review in a court of equity for fraud or gross mistake. Ri ght to sell, etc., SEC. 7 . The right to sell, assign, transfer, and mortgage all the conferred. rights, powers, and privileges conferred by this Act, is hereby granted to D w ig ht P. Robin son and Compa ny, Incorporat ed, its succe ssors and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or trans- ferred, 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 herein upon such corporation or person. Amendme nt. SEC. 8. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 12, 1928.

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