CHAPTER XII.

PROVIDING FOR SYSTEM OF IMPROVED ROADS.

160. Improved Roads.

The commissioners of any county may, at any regular or called session, cause to be established, located and constructed, improved, straightened, widened, altered or re-located any public road or highway as herein provided, when the same is conducive to the public convenience or welfare. (L. '93, p. 301, § 1; Rem.-Bal., § 5730.)

161.

Permanent highways. See chapter XI.

Roads by local improvement districts. See chapter XIII.

Definition of Terms.

The word "improvement" as used in this chapter shall mean a road as contemplated to be improved under this chapter. The word "road" as used in this chapter shall be construed to mean a public highway or thoroughfare. The words "territory (or property) particularly benefited" as used in this chapter shall be construed to include, in addition to the lands lying within two miles on either side of the improvement, all cities, road districts or townships which will be subject to special assessment for the improvement. The words "improvement boundary" as used in this chapter shall be construed to mean a line two miles distant from and parallel to the center line of the improvement on either side thereof, connected at the places of beginning or termini by a line at right angles thereto, unless such line enter the corporate boundary of a city, in which case the improvement boundary shall follow the meandering of the city boundary in so far as said boundary shall come within said two-mile limit. Words used in the singular in this chapter shall include the plural, and the plural the singular. (L. '93, p. 301, § 2; Rem.-Bal., § 5731.) Limitation of Improvement Under This Act.

162.

No road improvement shall be located or commenced under this chapter unless the same has its beginning at the boundary limits of an incorporated city, or trade center located on a railroad or navigable body of water, or connect with a road or road system already improved under this chapter, or with a road which has been otherwise constructed of such a nature to permit of heavy freighting and rapid travel on the same at any time of the year. (L. '93, p. 301, § 3; Rem.-Bal., § 5732.)

163. Specifications.

An improved road contemplated under this chapter shall be constructed as near as practicable along the center line of the established highway, and shall be uniformly graded to a width of not less than sixteen feet; the profile thereof shall not have a greater incline at any point of more than one foot perpendicular to twenty feet horizontal; proper drains, culverts and bridges shall be constructed to convey off all surface and seepage water, and when the road is located along a hillside or incline, the drainage of the surface of the roadbed shall be toward the hillside or incline; a roadway shall be constructed upon the graded road in such a manner and of such material as will permit of heavy freighting by team and rapid driving during any time of the year, and if such construction be a macadam or telford pavement, or a roadbed of equal durability of other material, it shall not be less than twelve feet wide; if of plank, gravel, crushed stone or other material equally or less permanent, it shall be not less than eight feet wide, and shall be constructed on the grade so that the right hand side of the roadway going out from the place of beginning shall as nearly as practicable conform to the center line of the grade. (L. '93, p. 302, § 4; Rem.-Bal., § 5733.)

164. Costs.

The costs and expenses of the improvements made under this chapter shall be apportioned as near as may be to the corporations, companies, persons and property benefited thereby. (L. '93, p. 302, § 5; Rem.-Bal., § 5734.)

165. Application to Commissioners.

Application for such improvement shall be made to the commissioners of the county, signed by two or more owners of lots or lands which will be particularly benefited thereby: Provided, That such petitioners shall appear by the assessment rolls of the county to own property which will be particularly benefited, representing in value not less than ten thousand dollars for each mile of the improvement petitioned for, and the petitioners must represent property within the improvement boundary equivalent to not less than five thousand dollars for each mile of the proposed improvement. (L. '93, p. 302, § 6; Rem.-Bal., § 5735.)

The petition shall be filed with the clerk of the board of county commissioners, and shall set forth the necessity of the improvement, and describe the route and termini thereof; and there shall be filed therewith a bond payable to the county with at least two good and sufficient sureties in not less than one thousand dollars, conditioned for the payment of all costs if the prayer of the petition [petitioners] be not granted, or be dismissed for any cause. (L. '93, p. 303, § 7;

Rem.-Bal., § 5736.)

167. Hearing on Petitions.

If the bond be approved by the clerk of the board of county commissioners, he shall immediately deliver a copy of the petition to the commissioners, who may appoint a time for the hearing and consideration of said petition, and if the commissioners upon the hearing find against the improvement, they shall dismiss the petition and proceedings at the cost of the petitioners; and they shall cause an itemized bill of costs to be made up by the clerk for their examination and approval, which shall include the per diem of the engineer, together with all other costs necessarily made. (L. '99, p. 169, § 1; Rem.-Bal., § 5737.)

168. Duty of County Surveyor.

If the commissioners find for the improvement, they shall cause to be entered on their journal an order directing the engineer to proceed with the construction of said improvement in the following manner: 1. * That county surveyor shall be the engineer and shall go upon the road described in the petition, or as changed in accordance with this chapter, and survey and level the same, and set a stake at every hundred feet, numbering from the place of beginning, out; note the intersection of lines, and boundaries of lands, road district, or township lines, land marks and road crossings, and make a report, profile and plat of the same, and estimate the number of cubic yards of earth or other substance to be removed, cut or filled, necessary bridges, culverts and drains to be constructed, obstructions to be removed, the materials along or adjacent to said road which can be made available and used in construction of the same, the estimated cost thereof, and an estimate of the cost of each

*Designated as engineer.

working section, as hereinafter provided, and of each section of 100 feet. 2. The engineer shall also make and return a schedule and plat of all the lots and lands lying within the improvement boundary, which plat shall be drawn upon a scale sufficiently large to represent all the meanderings of the road proposed to be improved, and shall distinctly show the boundary lines of each lot or tract of land included in the improvement boundary, the name of the owner of each lot or tract of land as the same may appear upon the records at the time, and an estimate of the total cost of the entire improvement proposed, which estimate shall include all fees and salaries estimated to be paid for locating, supervising and appraising, together with such other matters as the engineer may deem material. The profile shall show the surface line, the grade line and the gradient fixed, and the engineer shall make and file with his report an itemized bill of all costs made in the discharge of his duty under this section, and shall file his report with the clerk of the board of county commissioners within thirty days after making the survey and level. (L. '99, p. 170, § 2; Rem.-Bal., § 5738.)

Immediately upon the filing of the engineer's report, the county commissioners shall appoint three disinterested appraisers, residing within the county, but not within the territory particularly benefited by the proposed improvement, whose duty it shall be to at once proceed to assess the benefits of such proposed improvement to the corporations, companies, persons and property particularly benefited thereby, and estimate the damages to property over or through which the road shall be established or relocated, and award the same to the owners thereof. Before entering upon their duties, the appraisers shall severally take and subscribe to an oath to imparitally and, to the best of their knowledge and ability, perform the duties required of them, and file said oath with the clerk of the board of county commissioners. Said clerk shall thereupon and forthwith deliver into the hands of the appraisers the engineer's report upon the proposed improvement, and all maps, charts and schedules pertaining thereto, taking a receipt from said appraisers therefor. The appraisers shall thereupon proceed to actually view in person all lands as shall appear from the engineer's report to lie within the improvement boundary, and obtain from the duplicate assessment roll of the

county the total assessed valuation at the time of all property within the limits of any road district or township through or into which the proposed improvement is located, and of all property within the limits of any incorporated city whose boundary lines shall be within ten miles of the proposed improvement, or of any part thereof. They shall then prepare a schedule, which shall set forth— 1. The benefits assessed to the county for such improvement, which shall be one-third of the whole estimated cost thereof.

2. The benefits assessed to each road district or township through or into which the improvement is located, which assessment shall be equal upon all the assessed property in the road district or township according to the value thereof as shall appear upon the duplicate assessment roll of the county at the time, and which benefits shall not be assessed at more than one-third of the whole estimated cost of the improvement within the boundary of the road district or township.

3. The benefits assessed to all property within each incorporated city within the county, which assessment shall be equal upon all the assessed property within the city according to the value thereof as shall appear upon the duplicate county assessment roll at the time, and which benefits shall not be assessed at more than one-sixth of the whole estimated cost of the improvements, or of that portion thereof which is located within a limit of ten miles from the corporate limits of the city, and the property within any city shall not be considered as territory particularly benefited for any improvement lying more than ten miles distant from the corporate boundary of said city.

4. The benefits assessed to the lots and lands lying within the proposed improvement boundary, listing each tract of land assessed, giving the number of acres thereof, the owner as shall appear of record, the estimated valuation of each tract exclusive of improvements, and the benefit assessed thereto, and the total amount of benefits assessed to lots and lands shall in no case exceed one-third of the whole estimated cost of the proposed improvement: Provided, That lots or tracts of land within the improvement boundary whose natural outlet will not be in whole or in part over said road, when improved, shall not be separately assessed under the provisions of this clause.

5. A list of each tract or lot or portion thereof taken and damaged by the establishment or re-location of the road proposed to be