Page:United States Statutes at Large Volume 45 Part 1.djvu/457

 406 SEVENTIETH CONGRESS. SESS. I. CHs. 319, 321. 1928 . subdivision or public agency thereof, under the provisions of section 2 of this Act, and if tolls are thereafter charged for the use thereof, Rates app lied to op- the rates of toll shall be so adjusted as to provide a fund sufficient to eration, sinking fund, pay for the reasonab le cost o f mainta ining, r epairing, and op erating the bridge and its approach es under economical management, and to provid e a sink ing fund suffici ent to a mortize the amou nt paid there- for, including reasonable interest and financing cost, as soon as pos- Maintenanee, as free sibl e under reasonab le charge s, but w ithin a period o f not to exceed bridge, etc ., after amor- twenty years from the date of acquiring the same. After a sinking tiling costs, etc. fund sufficient for such amortization shall have been so prov ided 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 main- tenance, repair, and operation of the bridge and its approaches under main- Record of eapendi- tares and receipts. economical man agement. An accurate record of the amount paid for ac quiring the brid ge and i ts appro aches, t he actua l expend itures for mai ntaining, repair ing, and operati ng the s ame, and of the daily tolls collected shall be kept, and shall be available for the information of all persons interested. Sworn st~temeIIt of SEC. 4. Herman Simmonds junior, his heirs, legal representatives, Construction costs, etc ., , 9 9 b to be filed after comple- and assigns, shall within 90 days after the completion of such bridge tion. file with the Secretary of War, and with the Highway Department of the State of Florida, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the act ual cost of acqu iring an y intere st in re al prope rty nece ssary ietary of War. Examination by see- therefor, and the actual financing and promotion costs. The Secr e- tary of War may, and at the request of the Highway Department of the Sta te of Fl orida sh all, at any time within three ye ars afte r 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 constru cting, f inancing, and pro moting s uch brid ge ; for the purpose of such investigation the said Herman Simmonds, junior, his heirs, legal representatives, and assigns, shall make available all of his or their records in connection with the construction, financing, conclusive . of Secretary 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 2 of this Act, subject only to review in a court of equity for fraud or conferred. to sell, grSEC. 5 .t The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to Herman Simmonds, junior, his heirs, legal representatives, and assi gns, and any cor pora tion to whic h or any per son to w hom 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 herein directly upon such corporation or person. Amen dment. SEC. 6 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, April 5, 1928. April 6, 1928. S. 2960.1 CHAP. 321,-An Act To amend the second paragraph of section 67, National [Public, No .239.1 Defense Act, as amended. Re it enacted by the Senate and House o f Representatives o f the National Guard ap- propriations . United States o f America in Congress assembled , That the second a ende d 42, p. 1034, paragraph of section 67, National Defense Act, as amended, be, and the same is hereby, amended to read as follows :

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