Page:United States Statutes at Large Volume 45 Part 1.djvu/455

This page needs to be proofread.

404

SEVENTIETH CONGRESS . SESS. I. Cii. 314. 1928 . not to exceed 10 per' centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interest in real p r op er t y ; a nd (4) actual expenditures for necessary improvements . Tolls under state, SEC . 3 . If such bridge shall at any time be taken over or acquired etc., operation . by the State of Georgia, or by any municipality or other political subdivision or public agency thereof, under the provisions of section 2 of this Act, and if tolls are charged for the use thereof the Rates applied to op- rates of toll shall be so adjusted as to provide a fund sufficient to eration, sinking fund, 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 there- for, including reasonable interest and financing costs, as soon as possible under reasonable charges but within a period of not to Maintenance as free exceed twenty years from the date of acquiring the same . After a bridge, etc ., after amor. tizin g costs . sinking fund sufficient for such amortization shall have been so pro- vided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to pro- vide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches Re cord of e xpen di- under economical management . An accurate record of the amount tures and receipts . paid for acquiring the bridge and its approaches, the actual expendi- tures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested . sworn statement of SEC. 4 . J. E . Turner, his heirs, legal representatives, or assigns, construction costs to be filed after completion . shall, within ninety days after the completion of such bridge, file with the Secretary of War and with the highway . department of the State of Georgia a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, Examin ation b y see - and the actual financing and promotion costs. The Secret ary of War may, and, at the request of the highway department of the State of Georgia, 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 file d, and shall make a finding of th e actua l and r easona ble costs of constructing, financing, and promoting such bridge

for the

purpose of such investigation the said J . E. Turner, his heirs, legal representatives, or assigns, shall make available all of his records in connection with the construction, financing, and promotion thereof . Findings of Secretary The findings of the Secretary of War as to the reasonable costs of conclusive . the c onstruction, financing, and promotion of the bridge s hall be conclusive for the purposes mentioned in section 2 of this Act, subject only to review in a court of equity for fraud or gross mistake . conferredto sell, etc.,

SEC . 5 . The right to sell, assign, transfer s and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to J . E. Turner, his heirs, legal representatives, or 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 otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person . Amendment.

SEC . 6 . The right to alter, amend , or repeal t his Act is her eby expressly reserved . Approved, April 4, 1928 .