Page:United States Statutes at Large Volume 45 Part 1.djvu/557

 506 SEVENTIETH CONGRESS. SESS. I. CH. 542. 1928 . Compensation, if as in terest in re al pro perty necess ary th erefor, by pu rchase or by con- quired by condem na- tion. demnation, in accordance with the laws of either of such States gov erning the a cquisi tion o f priv ate pr operty for pu blic p urpose s by condemnation or expropriation. If at any time after the expiration of ten years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or com- pensation to be allowed shall not i~*Pclude good will, going value, Lim itat ions. 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 act ual co st of acquir ing su ch int erests in rea l prop erty, (3) ac tual 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 interests in real property, and (4) actual expenditures Tol ls u nder stat e, for necessary improvements. etc ., operation. SEC. 4. If such bridge shall at any time be taken over or acquired by the States or public agencies or political subdivisions thereof, or Rates a pplied to op - by either of them, under the provisions of section 3 of this Act, and eration, sinking fund, if tolls are thereafter charged for the use thereof, the rates of toll etc . shall be so adjusted as to provide a fund sufficient to pay for the reasonable 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 including reasonable interest and financing cost, as soon as possible under Maintenance as free reasonable charges, but within a period of not to exceed ten years bridge, etc ., after amor. from the date of acquiring the same. After a sinking fund sufficient tiling costs, for such amorti zation shall have been s o provi ded, s uch br idge s hall ther eafter be ma intain ed and opera ted fre e of t olls, 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 Record of expendi. operation of the bridge and its approaches under economical manage- tures and receipts. ment . An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons Purchase or condem- inter ested. nation of combined SEC. 5. If such bridge is constructed as a combined railroad bridge railro ad and highw ay for the passage of railway trains or street cars, and a highway bridge bridge. for the passage of pedestrians, animals, and vehicles, then the right 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 Compe nsation for the right of purchase or condemnation shall be exercised as to such right of way. right of way over the bridge, then the measure of damages or compensation 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 Maintenance of high- bridge only. If the right of purchase or condemnation conferred way bri dge. by this 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, animals, or vehicles, shall be maintained, operated, and kept in repair swo rn s tate ment of by the purchaser thereof. construction costs, etc ., SEC. 6 . The Dupo Bridge Company, its successors and assigns, to be filed after com- pletion. 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 Mi ssouri and I llinoi s a swo rn ite mized statem ent sh ow- ing the actual original cost of constructing the bridge and its

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