Page:United States Statutes at Large Volume 45 Part 1.djvu/760

. SEVENTIETH CONGRESS. SEss. I. Ca. 683. 1928. 709 tion, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing Limitations. such bridge and its approaches, less a reasonable deduction for 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 and its approaches and acquiring such interests in real prop- e rt y ; and (4) actua l ex pendi tures for nece ssary impr ovem ents. SEC. 5 . If such bridge shall at any time be taken over or acquired To lls under state, etc., operation. by the States or public agencies or political subdivisions thereof, or by either of them, as provided in section 4 of this Act, and if Rates a pplied to op - tolls are thereafter charged for the use thereof, the rates of toll eratian, sinking fund, shall be so adjusted as to provide a fund sufficient to pay for the etc• 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, includ- ing reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty years fro m the date o f acqu iring uiring the same. After a sinking g fund sufficient Maintenance as free bridge, etc ., after amor• for such amorti zation shall have been s o provi ded, s uch br idge s hall sizin g costs. 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 maintenance, repair, and operation of the bridge and its approaches under economical manage- ment. An accurate record of the amount paid for acquiring the t ar e s Record and rec expendi• acquiring. the bridge and its approaches, the actual expenditures for maintaining, repalrmg, and operating the same and of the daily tolls collected, sha ll be kep t and sha ll be ava ilable fo r the inf ormation of all pe rsons int erested. SEC. 6 . H. A. Binder, his hei rs, legal represen tatives, and assi gns sworn statement or 7 t, 7 construction costs, etc ., shall within ninety days after the completion of such bridge file with to be filed after cam• the Secretary of War and with the highway departments of the pletion. States of Nebraska and South Dakota, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. Examination by Sec. The Secretary of War may, and upon request of the highway depart- retary of war. ment of either of such States shall, at any time within three years after the completion of such bridge, investigate such costs and deter- mine 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 H. A. Binder, his heirs, legal representatives, and assigns, shall make available all of his records in connection with the construction, financing, and Fi nding s of Secr etar y promotion thereof. The findings of the Secretary of War as to the conclusive. 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 review in a court of equity for fraud or gross mistake. SEC. 7. The right to sell, assign, ttransfer, and mortgage all the Ri ght to sell, etc., > b t, conferred. rights, powers, and privileges conferred by this Act is hereby granted to H. A. Binder, his heirs, legal representatives, 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 con ferred herei n dire ctly u pon su ch cor poratio n or p erson.

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