Page:United States Statutes at Large Volume 44 Part 2.djvu/1283

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SIXTY-NINTH CONGRESS. II. Cm 200. 1927. ·· 124.3 or rosplective revenues or profits, but shall be limited to the sum L*¤’“•“°°· of { 1) e actual cost of constructing such bridge and its approaches, lessa reasonable deduction for actual depreciation in value; (2) . the actual cost ofaequiring such interestsin real property; (3) actual financing and promotion com, not to exceed 10 per centumof the sum _of thecostof constructing the bridgeand its approaches and

cqu1r1ng_such_ in real property, and (4). actua erpenditures

or improvements. · s - a o pr . a i a. Sec. 3. If such bridge shall at any time be taken ever or acquired ·:g?$°E°$ubdei§“$i°’ by any municipality or other political subdivision or subdivisions of the State 0 Alabama under the provisions of section 2 of this Emu imma _ A13 and if tells are charged forthe use thereof, the rates of toll eration, riiiimg mg, sh 1 be ,so_adjusted as to provide a fnmd suiicientto gay for. the °‘°· cost off maintaining, repairing, and opera§§l1the brige its approaches, .and.to provide a sinking fnmd H _cient,to amortize the amount paid for such bridge and its approaches as soon as possible under rgasonable charge:6 bgt wignixra period thgf not toAz°ceed mm I tweuty•v•= ears » e ate ui' ra *****3 sinking fund, suhcient to amortize thdcqcoatngg the bridge gi1$°¤h°i°i“é¤é°'tl° °°`°° and its S approacheslshall have been? rovided such. dig: shall thereafter be maintained and o _ ‘ tolls, or j rates of tolls shallthereafter ·l>étB¤¥ usted as to provide a fundcfnot to- exceed the amount necessary or the proper care, repair, mainte· nance, and operation 0'fitll8·7l)lfldgO-Bild its approaches. An accurate ,,,E‘,°‘§§, ,‘§_,,f;gf°°*‘ record of the amount paid for’the‘bridge and its approaches, the expenditures foriopergggg, rzgairing, and maintaining the same, and of daily tolls coll sh be’ kept and shall be available for the information of alhpersons interested. ‘ ~ _ ‘ The provisions of sections 2 and 3 of this Act shall not be applicable ,,T,§',L,£§"i’{°“§d§§§ in the event that the bridge constructed under authority hereof ¤··<¤ *<¤ ¤¤w•r· M shall be designed,. constructed, and used for railway or combined railway and ighway puiéposes and connection be made or provided for between the same an a carrier on the mainland subjed. to the Interstate Commerce Act. · l Sno. 4.`The Dauphin Island Railwsyand Harbor Conipan , its $T¤f,',{‘§,‘§‘.E,‘}L,‘,§$ successors and assigns, shall within ninety dag, after thecompgetion {;,’_{,’guf”°° °’°°* °°¤· of such bridge file with the Secretary oft ar a sworn itemized statement sh wing the actual original cost of constructing such bridge and its approaches, the actual cost of acquiri ‘ S = any mterest in real property necessary therefor, "and the and In promotion cost. The Secretary of War may at any time within m {” °’°°°' three ears after the completionof·such·bridge investigate the actual cost og constructing the same, and for such purpose the__s§id.Dauphin Island Railway and Harbor comfmy, its successors and assigns, shall make available all of its recor s in connection with the financing and the construction thereof. The>flndings of the Secretary of War ¤§¤°*§g°m,‘;{_ B°<’* as to the actual original cost of the bridge shall be conclusive, subiect onl to review ina court ofequityfor fraud or A gmc. 5. The right to sell, assign, transfer sndmortgage all the ,,°@,‘° ’°“· °*°—· rights, powers, andprivileges con erred bytliis ·A¤t”is'herebyugrmted to Dauphin Island Railway and·Harber Company,.—its cessors and assigns, and anycorporation to which or any person to whom such rig ts, powers, and privileges may _be sold, assigned, or trans- ferred, or we o shall acquire the same by mortgage foreclosure, or otherwise, is hereby authorized and empowered to exercise the same as fully asthough conferred herein directly upon such corporation or rson. · ‘ Sic. 6. That, the United States having discontinued and sold to ,,,,?,El{§‘;°{’,,S,?’,§,‘,§‘?,',§‘,.,.?’ the city of‘Mobile, Alabama, the military reservation on Dauphin ¤*°¤°·”¤“’°d·