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to the county auditor a tax of not more than four mills on the dollar on all the taxable property in the county, which shall be payable in money, for the general road and bridge fund, from which they shall order paid such sums as may be found necessary for the construction, repair and improvement of roads and bridges, in which all the inhabitants of the county are interested. (L. '03, § 8, p. 224.)

66. Levy of Road District Tax.

The boards of county commissioners shall annually, at the time of making the tax levy for general road and bridge purposes provided for in section 8 [65] levy and certify to the county auditor a tax of not more than ten mills on the dollar of all the taxable property in the road districts previously defined by them, which tax shall be payable in money for a district road and bridge fund, and from which fund they shall order paid such sums as may be found necessary for the construction and repair of the roads and bridges in the several districts where the tax is levied (L. '03, § 9, p. 224.)

67. Extension by Auditor on Tax Rolls.

When taxes shall have been levied and certified for the general and district funds as provided for in the last two preceding sections, the county auditor shall extend such taxes on the tax roll of their respective counties, against all the property subject to such levies, in the same manner as other taxes are extended. (L. '03, § 10, p. 225.)

68. County Treasurer to Collect.

The county treasurer shall [collect] all the taxes on the rolls, whether poll or property taxes, in money, as other taxes are collected, and credit the proper funds with the amounts collected. (L. '03, § 11, p. 225.)

69. Road Supervisors-How Appointed.

The boards of county commissioners may appoint from among the qualified electors in each district, for such time as they may

determine, with compensation not to exceed $4 per day, a road supervisor who shall enter into a bond satisfactory to the commissioners. The commissioners shall have power to remove any supervisor at will. (L. '03, § 12, p. 225.)

70. Duties of Road Supervisors.

It shall be the duty of the road supervisor, under the direction of the county commissioners, to keep the roads and bridges in his district in as good repair as the funds available will allow, and keep all roads open for travel at all times, and make a detailed monthly report of all work performed in his district during the previous month to the board of county commissioners; examine and certify all bills for labor and material in his district; and perform such other duties as may be required by the commissioners for the proper maintenance of the highways. (L. '03, § 13, p. 225.)

71. Surveyor and Board to Outline Improvements.

The county surveyor and the supervisors of the several road districts shall meet with the county commissioners on the first Tuesday of the board's regular session in April, to outline the road improvements to be made. (L. '03, § 14, p. 225.)

72. Expenditure of Funds.

All the funds in the county treasury raised by the taxation herein provided shall be expended by the county commissioners and all road and bridge construction, improvements or repairs shall be made by the county commissioners in the following manner:

First. All road and bridge construction, improvements or repairs of which the estimated cost shall be under one hundred and fifty dollars may be done by the road supervisor of the proper district under the direction of the county surveyor.

Second. Road and bridge construction, improvement or repair of which the estimated cost shall be more than one hundred and fifty dollars, except in case of emergency, shall be let by contract by the county commissioners, on plans and specifications previously prepared by the county surveyor, under the direction of the board of county commissioners, to the lowest and best

bidder; calls for said bids to be made by publication in the official county paper for not less than three consecutive weeks prior to the time set by the commissioners for the opening of bids, provided that in any county having no official county paper, such notice shall be given by posting for ten days a notice in three of the most public places in such counties. The county commissioners shall require a bond of the successful bidder in the full amount of the contract price of construction, improvement or repair of roads or bridges, conditioned for the faithful performance of the contract according to law and any requirements the commissioners may impose at the time advertising for bids.

Third. Each bidder shall deposit with his bid a certified check in an amount equal to five per cent. of his bid. Should the bidder to whom the contract is awarded fail to enter into a contract with the commissioners and furnish the bond herein before provided within five days after the notice of such award, the amount of said check shall be forfeited to the general road and bridge fund of the county.

Fourth. The county surveyor shall have full supervision of the construction and repairs of all public roads and bridges within his county, under the direction of the county commissioners. (L. '03, § 15, p. 225.)

73. Payments Limited to 75 Per Cent. Until Acceptance of Work.

No money shall be paid by the county commissioners to exceed seventy-five per cent. of the value of any work done at any time. until the entire work is completed by the contractor and approved by the county surveyor and accepted by the commissioners. (L. '03, § 16, p. 226.)

74. Transfer of Funds by Treasurer.

After the establishment of the districts as herein provided, the county treasurer shall transfer all funds to the credit of the several road districts now existing to the road and bridge fund of the respective district in which the present road districts are situated, and such newly created districts shall assume all liabilities and indebtedness of the present road district situated within their respective limits. (L. '03, § 17, p. 227.)


Act to Take Effect in 1904.

This act shall not take effect until the first Monday in January, 1904, except that the county commissioners shall at the time of making the general tax levy in 1903, make the levy for the road and bridge tax provided for in section 8 [65] and for the district road and bridge tax provided in section 9 [66]. (L. '03, § 18, p. 228.)


76. Lawful to Plant-At Certain Distances, Etc.

Any person or company wishing to plant and cultivate shade or ornamental trees on the public highways of the State of Washington may lawfully do so by planting the same in the said highways at a distance not greater than ten (10) feet from the lines dividing the land owned by them from the said highways when the said roads have a legal width of sixty (60) feet or more and at a distance not greater than eight (8) feet from said dividing lines when said roads have a legal width of less than sixty (60) feet: Provided, That such trees shall not be lawfully planted where the entire width of the road is required for public use by reason of heavy cuts, fills, slopes or grades. (L. '03, § 1, p. 221.)

77. Hedge Fences.

It shall be lawful for any person or company to plant hedge fences on the line dividing their property from public highways and to use temporarily a strip of said highway not exceeding eight (8) feet in width for the protection and cultivation of such hedges and to maintain temporary fences within said strip for a period not exceeding four (4) years after the said hedges have been planted. (L. '03, § 2, p. 222.)

78. Duty of Road Supervisors.

It is hereby directed to be the duty of road supervisors and overseers to protect trees and hedges now growing or which may

be hereafter planted in the public highways of the State when such trees and hedges are located in conformity with the provisions of this act. (L. '03, § 3, p. 222.)

79. Injury or Destruction-Penalty.

Willful injury to or destruction of shade or ornamental trees or hedges in or along the line of any public highway in the State of Washington is hereby declared to be a misdemeanor and the perpetrators of such injury shall be liable for each tree so injured or destroyed, to a fine not less than five dollars ($5.00) nor more than fifty dollars ($50.00) or to imprisonment in the county jail for not more than sixty (60) days or to both such fine and imprisonment. (L. '03, § 4, p. 222.)




80. Power of County Boards-Where to Begin.

The board of county commissioners of each county in this State is hereby authorized to build and maintain, when in their judgment the convenience of the public so requires, wharves and landings on the shores of any navigable waters or water courses within or bordering upon "their respective counties and not included within the limits of tide or shore lands of the first class." Said wharves or landings to begin at the point or termination of a county road at or near the shore of such navigable waters or water courses, and to extend so far into said waters or water courses as the convenience of shipping may require. (L. '03, § 1, p. 20.)

81. State Board May Grant Easements-When.

In cases where the board of county commissioners shall determine to build, construct and maintain wharves or landings as

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