Page:United States Statutes at Large Volume 49 Part 1.djvu/1100

 74TH CONGRESS. SESS. I. CH. 833 . AUGUST 30, 1935 . bridge and its approaches and acquiring such interests in real property ; and (4) actual expenditures for necessary improvements. (e) If such bridge shall at any time be taken over or acquired by the States or public agencies or political subdivisions thereof, or by either of them, as provided in subsection (d) of this section, and if tolls are thereafter charged for the use thereof, the rates of toll 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, in- cluding reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty years from the date of acquiring the same. After a sinking fund s ufficien t for su ch amort ization shall ha ve been so provi ded, suc h 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 maintenance, repair, and operation of the bridge and its approaches under eco- nomical management. 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 sh all be kept an d shall be av ailable for t he information of al l persons int erested. (f) The Brookewell Bridge Company, its successors and assigns, shall within ninety days after the completion of such bridge file with the Sec ret ary of War and wi th the hi ghw ay de par tme nts of the States of Ohio and West Virginia a sworn itemized statement show- ing 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. The Secre tary o f War may, and upon the reque st of the h ighway department 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 accurac y and th e reason ableness of the costs al leged 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 Brooke- well Bridge C ompany, its succ essors a nd assig ns, shal l make a vail- able all of its recor ds in connecti on with the c onstruction, financing, 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 sub- section (d) of this s ection, subjec t only to rev iew in a cour t of equity for fraud or gross mistake. (g) The right to sell, assign, transfer, an d mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to the Brookewell Bridge Company, its successors and assigns, and any corporation to which or any person to whom such rights, powers, and pri vileges may be s old, ass igned, o r transf erred, o r who sh all acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferr ed herei n direct ly upon such cor poration or pers on. MISSISSIPPI RIVER AT NEW BOSTON, ILLINOIS SEC. 5 . That the times for commencing and completing the con- structi on of a bridge a cross th e Missis sippi Ri ver, at or near New Boston, Illinois, authorized to be built by D. S. Prentiss, R. A. Salladay, Syl F. Histed, William M. Turner, and John H. Rahilly, 1 055 Toll s under State, etc ., operation. Tolls applied to op- eration, sinking fu nd, etc. Maintenance as free bridge, etc., after amor- tizing costs. Record of receipts and expenditures. Sworn statement of construction cost, e tc ., to be filed after com- pletion. Investigation by Sec , retary of War. Find ings of Secret ary c onclu sive. Right to sell, etc ., c onfer red. Mississippi River at New Boston, Ill . Time extended for bridging. Vol. 46, p. 1503; Vol. 48, p. 652, amended.