Page:United States Statutes at Large Volume 45 Part 1.djvu/190

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SEVENTIETH CONGRESS . SESS. I . Ca. 95. 1928 .

139 SEC. 3 . If such bridge shall at any time be taken over or acquired ete To lls under Sta te, by the State of Kentucky or by any municipality or other political subdivision or public agency thereof, under the provisions of section Rates a pplied to op . 2 of this Act, and if tolls are charged for the use thereof, the rates of •ration, sinking fund, tolls shall be so adjusted as to provide a fund sufficient to pay for the etc. rea sonabl e cost of ma intain ing, r epairi ng, and opera ting t he bri dge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor as soon as possible under reasonable charges, but within a period not to exceed twenty years from the date of acquiring the same . After a Maintenance as free sinking fund sufficient to pay the cost of acquiring the bridge and bridge, aamortizingcosis . after its approaches shall have been so provided, such bridge shall there- after be maintained and operated free of tolls, or the rates of tolls shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and opera- tion of the bridge and its approaches under economical management . An accurate record of the amount paid for acquiring the bridge and Record o and rof ex endi- its appro aches, the a ctual expend itures for ma intain ing, r epairi ng, an d operati ng the sa me, and t he daily tolls co llected s hall be k ept and shall be available for the information of all persons interested . SEC. 4 . The Valley Brid g e Company, Incorporated, of Paducah, const sw orn state ment of v

ruct ion t ests, etc ., Ken tucky, its s uccess ors an d assi gns, s hall wi thin n inety days a fter to beenfiled after com- the completion of such bridge file with the Secretary of War, and with the Highway Department of the State of Kentucky, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any in teres t in real prop erty ther efor, and the actua l fin ancin g an d promotion costs. The Secretary of War may, and at the request of In vesti gati on by See - the Highway Department of the State of Kentucky shall, at any retary of war. time within three years after the completion of such bridge, investi- gate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a f inding of the actu al and re asonable costs of construct ing, fina ncing, and promoting such bridge ; for the purpose of such investigation the said Valley Bridge Company, Incorporated, of Paducah, Ken- tucky, its successors and assigns, shall make available all records in connection with the construction, financing, and promotion thereof . The findings of the Secretary of War as to the reasonable costs of Findings of Secre. construction, financing, and promotion of the bridge shall be con- tary conclusive, cl usive for th e purp oses m ention ed in section 2 of this A ct, su bject only to review in a court of equity for fraud or gross mistake . SEc. 5. The right to sell, assign, transfer, and mortgage all the cow neato sell, etc' rights, powers, and privileges conferred by this Act, is hereby gran ted to Valley Bridge Company, Incorporat ed, of Paducah, Kentucky, its successors and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be s old, assig ned, or t ransf erred , or who shall acq uire the s ame by mortgage foreclosure or otherwise, is hereby authorized and empow- ered to exercise the same as fully as though conferred herein directly upon such corporation or person . SEc . 6 . The right to alter, amend, or repeal this Act is hereby Am endment . ex pressl y rese rved . Approved, February 25, 1928 . ,)4835'-29-PT 1-13