Page:United States Statutes at Large Volume 45 Part 1.djvu/487

 436 SEVENTIETH CONGRESS. SESS. I. CH. 387. 1928 . Tolls authorized. SEC. 3 . The said J. C. Norris, as mayor of the city of Augusta, Kentucky, his successors and assigns, is hereby authorized to fix and char ge tolls for trans it over s uch brid ge, and t he rates of toll s o vol. 34, p.ss. fixed shall be the legal rates until change d by t he Sec retary of Wa r under the authority contained in the Act of March 23, 1906. iz do Acquisition SEC. 4. After the completion of such bridge, as determined by the by Kentucky, Ohio, Secretary of War, either the State of Kentucky, the State of Ohio, etc. any pub lic ag ency, or pol itical subdi vision of eit her of such States within or adj oining which any p art of such b ridge is loc ated, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches and any interest in real property necessary therefor, by purchase or by condemnation or expropriation in accordance with the laws of either of su ch St ates gove rning the acqu isiti on of priv ate prope rty f or Compensation if ac- public purposes by condemnation or expropriation. If at any time quired by condemna- after the expiration of fifteen years after the completion of such tion. bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not include Limitations. good will, going value, or prospective revenues or profits, 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 interest 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 prop- erty ; and (4) actual expenditures for necessary improvements. To lls under sta te, SEC. 5. If such bridge shall be taken over or acquired by the States etoperation. or public agencies or political subdivisions thereof, or by either of th em, as pr ovided in section 4 of this Act, an d if toll s are the reafter eration, Rates app lie d sinking fund, op- charged for the use thereof, the rates of toll shall be so ad j usted as to etc. provide a fund sufficient to pay for the reasonable cost of maintain- ing, 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 rea- Maintenance as free sonable charges, but within a period of not to exceed twenty years bridge, etc ., after amor- from the date of acquiring the same. After a sinking fund suffi- tizing costs. cient to pay the cost of acquiring the bridge and its approaches shall have been so provided, such bridge shall thereafter be main- tai ned and o perated f ree of to lls, or t he rates of toll s hall ther eafter be so adjusted as to provide a fund not to exceed the amount nec- essary for the proper repair, maintenance, and operation of the Rec ord of e spend i- bridge and its approaches under economical management. An tares and receipts. accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for operating, repairing, and maintaining the same, and of the daily tolls collected shall be kept, and shall be available for the information of all persons interested. Sworn statement of construction costs, etc ., SEC. 6. J. C. Norris, as mayor of the cit y Augusta, Kentucky, his to be riled, after com- successors and assigns, shall within ninety days after the comple- pletion. tion of such bridge file with the Secretary of War and with the Highway Departments of the States of Ohio and Kentucky, a sworn itemized statement showing the actual original cost of constructing such bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing retary of War . Examination by Se c- and promotion costs. The Secretary of War may, and upon request of either of such Highway Departments shall, at any time within three years after the completion of such bridge, investigate such costs and d etermi ne the accur acy an d the r easona blenes s of t he cos ts alleged in the statement of cost so filed, and shall make a finding of the a ctual and re asonab le cos ts of constru cting, finan cing, and pr o- moting such bridge ; for the purpose -of such investigation the said

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