Page:United States Statutes at Large Volume 46 Part 1.djvu/588

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SEVENTY-FIRST CONGRESS . SEss. II. Cu. 441. 1930 . unt il chang ed by the Secreta ry of Wa r under the autho rity con tained in the Act of March 23, 1906 . (d) If, after t he comple tion of such bri dge, as determin ed by the Secretary of War, either the State of Nebraska and the State of Iow a, joint ly, or sa id citie s of Oma ha and C ouncil Bl uffs, jo intly, or the counties of Douglas, Nebraska, and Pottawattamie, Iowa, joi ntly, ma y at any time des ire to a cquire a nd take o ver all right, title, and intere st in such bridge and its approach es, and any interest in real property necessary therefor, it shall not be necessary to con- demn or expropriate such property, but the said The Omaha-Council Bluffs Missouri River Bridge Board of Trustees, its legal representa- tives and assigns, shall deliver to such public agency, by proper instrument o f conveyance, all right, title, an d interest in such bridge an d its app roach es ; and no damages or c ompensation whatsoever shall be allowed for any such right, title, or interest, but if such bridge is so acquired it shall be taken over subject to the bonds, deben- tures, or other i nstruments of indebtedness, includ ing accrued interest the reon, ac tually is sued in payment for the bridge, i ts appro aches, and improvements and outstanding at the time of such taking over . Such instrument of conveyance shall be executed and delivered within a period of thirty days after receiving from such public agency a written notice of such intention to take over such property. (e) If such bridge shall at any time be taken over or acquired by such States, or public agencies or political subdivisions thereof, or by either of them, as provided in section 3 (d) of this Act, and if tolls are thereafter charged for the use thereof, the rates of toll sha ll be so adjusted as to p rovide a fund su fficient to pay f or the rea sonable cost of m aintaini ng, repa iring, a nd operat ing the bridge and its approaches under economical management and to provide a sinking fund sufficient to amortize the amount paid therefor, includ- ing only those items named in section 3 (d) of this Act, as soon as possible under reasonable charges but within a period of not to exceed twenty years from the date of acquiring the same . After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated 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, 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 . (f) The said The Omaha-C ouncil Bluffs Missouri River B ridge Board of Trustees, its legal representatives and assigns, shall within ninety days after the completion of such bridg e file with the Secretary of War and with the highway departments of the States of Nebraska and Iowa a sworn itemized statement showing the actual original cos t of con structing the bri dge and its appr oaches, t he actua l cost of acquiring any interest in real property necessary therefor, and the amount of bonds, debentu res, or other ev idences o f indebt edness issued in connection with the construction of such bridge . The Secre- tary of War may, and upon request of the highway departments of either 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 state- ment 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 The Omaha-Council Bluffs 5783-!°-31 35 545 Acquisition author- ize d, afte r compl etion, jointly by States, cities, and counties desig- nated. Conveyance by Board of Trustees . Subject only to in- debtedness for bridge c onst ruc tion . Tol ls unde r State, etc ., operation . Rates applied to op- eration and sinking fund to amortize pay- ments incurred . Maintenance as free bridge, etc ., after amor- tizing costs. Re cord of expendi - tures and receipts . Sworn statement of construction costs, bonds, etc ., to be filed after completion . Examination by Sec- retary of War.