Page:United States Statutes at Large Volume 46 Part 1.djvu/589

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SEVENTY-FIRST CONGRESS . SEss. II . Ca. 441. 1930 . Missouri River Bridge Board of Trustees, its legal representatives and assigns, shall make available all of its records in connection with conFindinnggsofsecretary the construction and financing thereof . The findings of the Secretary of Wa r as to the reas onable c osts of the const ruction and fina ncing of the bridge shall be conclusive for the purposes mentioned in section 3 (d) of this Act, subject only to a review in a court of equity for fraud or gross mistake . Ri ght to sell, etc .,

(g) The right to sell, assign, transfer, and mortgage all the rights, con ferr ed . powers, and privileges conferred by section 3 of this Act is hereby granted to The Omaha-Council Bluffs Missouri River Bridge Board of Trustees, its legal representatives, and assigns ; and any corpora- tion to which or any person to whom such rights, powers, and privi- leges 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 directl y upon s uch corp oration o r person . Construction

con- tracts by co mpetiti ve ( h) All co ntracts made in connecti on with t he const ruction of the bidding .

bridge authorized by section 3 of this Act and which shall involve the expenditure of more than $5,000 shall be let by competitive bid- A dve rtis emen ts, etc . ding . Such contracts shall be advertised for a reasonable time in some news pape r of gener al c ircul ation pub lishe d in the State s in which t he bridg e is loc ated and in the v icinity thereof ; s ealed 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 furnished to the highway departments of the States in which the bridge is located . C ontract s void f or Violations. 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 hearings, order the suspension of all work upon such bridge until the provisions of this section shall have been fully complied with . Board to supervise collections, authorize

(i) Upon the completion of such bridge it shall be the duty there- exile n eas69tc., us, after of said board, until said bridge shall be taken over or acquired e tc, by such States or political agencies or subdivisions thereof, as pro- vided for in section 3 of this Act, to supervise the collection of tolls and to authorize and audit all expenditures of money received from the collection of tolls ; it shall be their duty to see that all revenues received from the bridge, except such amounts as may be necessary for the repair, operation, and maintenance, under economical man- agement, of the bridge, shall be paid into the sinking fund and used wh en inde bted nes s for the amortization of the outstanding indebtedness incurred for am ortized by sink ing

g fund, the bridge to be the construction or improvement of the bridge . After a sinking free of tolls.

fund sufficient for such amortization shall have been so provided the Board to conve y bridge shall thereafter be maintained and operated free of tolls ; and b rid if ag reem ent to oper ate Th e Omaha-Council Bluffs Missour i River Bridge Board of Trus- as free bridge . tees, its legal representatives, and assigns shall thereupon convey, by proper instrument of conveyance, all right, title, and interest in said br idge and its, app roaches to the S tate of Nebraska and the State of Iowa, jointly, if such States shall agree to accept and to maintain and operate the same ; if such States refuse to agree to accept and maintain and operate the bridge as a free bridge, then the said The Omaha-Council Bluffs Missouri River Bridge Board of Trustees, its legal representatives, and assigns shall convey said bridge to either the State of Nebraska, or the State of Iowa, or to said counties of Douglas and Pottawattamie, jointly, in which such bridge is located in whole or in part, or to the cities of Omaha, Nebraska, and Council Bluffs, Iowa, jointly, as shall first by duly authorized action agree Proviso.

to accept and maintain and operate the same as a free bridge

Pro-

No conveyance to do. vided, however, That if said two States, due to the fault of one of faulting state .

them shall fail to agree to accept and operate said bridge, jointly,