Page:United States Statutes at Large Volume 45 Part 1.djvu/793

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742

SEVENTIETH CONGRESS . SEss. I. Cxs. 745, 746. 1928. approaches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor including reason- able interest and financing cost, as soon as possible under reason- Maintenance as free able charges, but within a period of not to exceed twenty years bridge, etc ., after amor- from the date of acquiring the same . After a sinking fund suffi- tizmg costs . cient for such amortization shall have been so provided, such bridge shall therea fter be maint ained and ope rated 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, re- Record of expendi- pair, and operation of the bridge and its approaches under economi- tures and rece ipts . cal management. An accurate record of the amount paid for acquir- ing 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 informa- Sworn statement of tion o f all p ersons intere sted . construction costs, etc ., to be filed after comple- SEC. 6 . The said New Cumberland Bridge Company, its succes- tion. sors and assigns, 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 West Virginia and Ohio, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any inter- Examination by Sec- est in real property nece ssary therefo r, and the act ual financing retary of war . and promotion costs. The Secretary of War may, and upon request of the highway department of either of such States shall, at any time within three years after the completion of such bridge, investi- gate such co sts and deter mine the accu racy and the r easonableness of the costs alleged in the statement of costs so filed, and shall make a find ing of the ac tual an d reaso nable costs o f const ructin g, fina ncing, and promoting such bridge; for the purpose of such investigation the said New Cumberland Bridge Company, its successors and assigns, shall make available all of its records in connection with the Findin gs of Secretary conclusive. construction, 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 section 4 of this Act, subject only to review Right to sell, etc., in a court of equity for fraud or gross mistake . con fer red . SEC. 7. The right to sell, assign, transfer, and- mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to the New Cumberland Bridge Company, its successors 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 other- wise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person . Amendment .

SEC . 8. The right to alter, amend, or repeal this Act is hereby expressly reserved . Approved, May 25, 1928 . May 25,7928. [H . R . 8926.1 CHAP. 746 .-An Act Granting the consent of Congress to the State Highway [Public, No . 512 .] Commission of Arkansas to construct, maintain, and operate a bridge across Red River at or near Garland City, Arkansas . Be it enacted by the Senate and House of Representatives of the Arkansas Stat e High United States o f America in Congress assembled, That th e consent way Commission may of C ongres s is h ereby grant ed to the St ate H ighway Commi ssion bridge,at Garland City, Ark.

of Arkansas to construct, maintain, and operate a bridge and Vol34, s.

approaches thereto across the Red River, at a point suitable to the interests of navigation, at or near Garland City, within five miles