Page:United States Statutes at Large Volume 45 Part 1.djvu/1371

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SEVENTI ETH CONGRESS . SEss . II. CFI. 338 . 1929 . Maintenance as free bridge, etc ., after amor- tizing costs, etc . Re cord of e xpen di- tures and receipts . Sworn statement of construction costs, etc ., to be filed after comple- t ion . Examination by Sec- retary of War . Fi nding s of Secr etar y conclusive. Right to sell, etc., conferred . Cons truction co n- tracts to be let by com- pe titiv e bi dding . Adv erti sing, etc . Cont racts void if made in violatio n of provi sions . Amen dment. of not to exceed fifteen years from the date of acquiring the same . After a sinking fund sufficient for such amortization shall have been so prov ided, such bridge shall thereafter be ma intained and oper- ated 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, repair, and operation of the bridge and its approaches under economical management. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repa iring, and operating the same, and of the daily tolls collected shall be kept and shall be avail- able for the information of all persons interested . SEC . 4 . The said Richard H . Klein, his heirs, legal representatives, and assigns, shall within ninety days after the completion of such bridge file with the'Secretary of War and with the highway depart- ment of the State of Pennsylvania, a sworn itemized statement show- ing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs . The Secretary of War may, and at the request of the highway depart- ment of the State of Pennsylvania 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, financing, and promoting such bridge. For the purpose of such investigation, the said Rich- a rd H . Klein, his heirs, legal representatives, and assigns, shall make available all of his records in connection with the construction, financing, and promotion thereof . The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promoti on of the bridge shall be conclusive for the purposes men- tioned in section 2 of this Act, subject 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 rights, powers, and privileges conferred by this Act is hereby granted to Richard H . Klein, his heirs, legal representatives, and assigns ; and any corporation to which or any person to whom such rights, pow ers, and privile ges may be sold, assigne d, or tr ansferre d, or wh o 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. SEC . 6 . All contracts made in connection with the construction of the bridge authorized by this Act and which shall involve the expenditure of more than $5,000 shall be let by competitive bidding . Such co ntracts shall be advertised for a reason able time in some ne wspaper of gener al circu lation p ublished in the State in which t he bridge is located and in the vicinity thereof ; sealed bids shall be re quired, and the contract s shall be award ed to th e lowest respons i- bl e bidder . V erified copies o f abstra cts of a ll bids received and of the bid or bids acce ted shall be promptly furnished to the highway department of the State in which such bridge is located . A failure to comply in good faith with the provisions of this section shall ren- der nul l and void any contract made in violatio n thereof, and the Secreta ry of War may, after hearings, order the suspension of all work upon such bridge until the provisions of this section shall have been fully complied with . SEC . 7 . The right to alter , amend, or repeal this Act is hereby expressly reserved . Approved, February 26, 1929 .