Page:United States Statutes at Large Volume 45 Part 1.djvu/555

 504 SEVENTIETH CONGRESS. SEss. I. Ca. 540. 1928 . real property ; and fourth, actual expenditures for necessary improvements. Tons under Sta te, SEC. 5 . If such bridge shall at any time be taken over or acquired etc., operation. by the States or political subdivisions thereof as provided in section 4 of thi s Act, and if tolls are the reafter charg ed for the use there of, Ra tes operati on, a pp lie kirig the rates of toll shall be so adjusted as to provide a fund sufficient to fund, etc. pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, to pay an adequate return on the cost thereof, and to provide a sink- ing fund sufficient to amortize the amount paid therefor including reasonable interest and financing cost, as soon as possible under reaso nable charges, but within a period, of n ot to exceed twenty bridge Mge, etc ., after asf amor- or- years from the date of acquiringg the same. After a sinking fund tizing costs. sufficient for such amortization shall have been so provided, such bri dge sh all the reafter be ma intaine d and o perate d free of toll s, 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, and operation of the bridge and its approaches under economical man- Record and of re cei pts LSp b i- agement. An 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 or construction casts, etc ., c SEC. 6. The J. K. Mahone Bridge Company, its successors and t pie r be filed after com- 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 West Virginia and Ohio, a sworn itemized state- ment showing the actual original cost of constructing such bridge and its approaches, the actual cost of acquiring any interest in real Examination by Sec- prope rty necessary therefor, and the actual f inancing and promo- retary of war. tion costs. The Secretary of War may, and upon request of the 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 cost so filed, and shall make a f inding of the actual and r eaonabl e costs of co nstruct ing, fi nancin g, and promoting such bridge ; and for the purpose of such investiga- tion the said J. K. Mahone Bridge Company, its successors and assigns, shall make available all of its records in connection with FindingsofSecretary the contruction financing, and promotion thereof. The findings eonciusic eT of the Secretary of War as to the reasonable costs of the construc- tion, f inancing, and promotion of the bridge sh all be conclus ive, for the purposes mentioned in section 4 of this Act, subject only to review in a court of equity for fraud or gross mistake. conferred . sell, etc., SEC. 7. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges con ferred by this Act is hereby granted to the J. K. Mahone Bridge 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 confe rred h erein direc tly upon such corporation or person. Amendment. SEC. 8 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, May 14, 1928.

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