Page:United States Statutes at Large Volume 46 Part 1.djvu/591

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548

SE VEN TY- FI RST CONGRESS. SEss. II. Cia. 441.. 1.930. provide a sinking fund sufficient to amortize the amount paid therefor, including only those items named in section 4 (d) of this Act, as soon as possible under reasonable charges but within a Idge, eenance as free period of not to exceed twenty years from the date of acquiring bridge, etc ., after amor- tivingeosts, t h e s a m e . After a sinking fund sufficient for such amortizat ion shall have been so provided, such bridge shall thereafter be main- tained and operated free of tolls, or the rates of toll shall there- after be so adjusted as to. provide a fund of not to exceed the amo unt nec ess ary for the pro per mai nte nanc e, repa ir, and ope ra- tion of the bridge and its approaches under economical manage- Record of expendi- ment. An accurate record of the amount aid for ac uirin the tures and receipts .

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'~ bridge and its approaches, the actual expenditures for main tain- ing, repa iring , and oper ating the same, and of th e dai ly to lls c ol- lected shall be kept and shall be available for the information of all persons interested . s worn sta tem ent of

(f) The said Charles B . Morearty, his heirs, legal representa- construction costs, etc ., to be filed aftercomple- tives, and assigns, shall within ninety days after the completion tion . of such bridge file with the Secretary of War and with the high- way departments of the States of Nebraska and Iowa, a sworn item- ized stat ement show ing t he ac tual origi nal c ost o f con struc ting the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor and the amount of bonds, Examination by Sec• debe nture s, or othe r evi dence s of indeb tedne ss is sued in co nnect ion retaryof War. with the construction of such bridge . The Secretary of War may, and upon request of the highwa y departmen ts of eithe r of such States shall, at any time within three years after the completion of such bridge investigate such costs and determine 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 and financing such bridge . For the purpose of such investigation the said Charles B . Morearty, his heirs, legal representatives, and assigns, shall make available all of his records co F dgso fSecre tary in connection with the construction and financing thereof . The findings of the Secretary of War as to the reasonable costs of the construction and financing of the bridge shall be conclusive for the purposes mentioned in section 4 (d) of this Act, subject only to a review in a court of equity for fraud or gross mistake . Right to sell, etc.,

(g) The right to , sell, assign, transfer, and mortgage all the conferred, rights,- powers, and privileges conferred by this Act is hereby granted to Charles B . Morearty, 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 trans- ferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person . Co nst ruct ion con •

(h) All contracts made in connection with the construction of tracts to be let to lowest bidder.

the bridge authorized by section 4 of this Act and which shall involve the expenditure of more than $5,000 shall be let by com- Advertising,etc . petit ive b iddin g. Such contracts shall be advertised for a reason- able time in so me ne wspap er of gene ral c ircul ation publ ished in t he States in which the bridge is located and in the vicinity thereof ; sealed bids shall be required and the contracts shall be awarded to the lowest responsible bidder . Verified copies or abstracts of all bids received and of the bid or bids accepted shall be promptly fur- contra c ts void for nished to the highway departments of the States in which the violations. bridge is located . A failure to comply in good faith with the provisions of this section shall render null and void any contract made in violation thereof, and the Secretary of War may, after