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may authorize the viewers or commissioners by them appointed to locate the road upon the whole or any part of any state or county road heretofore laid out and established within the county, and to widen, alter, change or vacate the same, or any part thereof, subject to the rules as to compensation for property appropriated as aforesaid. (L. '90, § 4, p. 613.)

96. Written Agreements-Donations, Etc.

Before determining upon the location or establishment of any such turnpike road, the county commissioners may require donations of money, and written agreements on the part of taxpayers of the county, subjecting their taxable property to taxation annually, to aid in the location and construction of the same during the term of years named, therein specified, which agreements shall be filed and recorded in the office of the county clerk, and from the time of such filing and recording shall operate as a lien upon the real estate of the several parties joining therein as donors for the purpose therein provided. All revenues derived from donations in money and taxation shall be kept and held as a separate fund in the county treasury, and shall be applicable only to the purposes of locationg and constructing such turnpike roads; and if the commissioners determine not to establish and construct such road, then any money received as donations by taxation shall be returned. (L. '90, § 5, p. 613.)

97. General Tax-Submitting to Vote.

The county commissioners shall not levy any general tax nor appropriate any money, except so far as may be necessary to pay the expense of preliminary surveys already commenced, or any other liabilities already incurred, to be expended in the construction of such turnpikes, without first submitting to the qualified voters of the county the question as to the policy of constructing such roads by general tax, which submission shall be made at any general election; and the county commissioners shall cause public notice of such vote to be given by publication in the offficial paper of the county, and also by causing hand-bills to be Fosted up at the usual place of holding elections in the county, at least fifteen days prior to such election. (L. '90, § 6, p. 614.)

98. Conduct of Election.

The judges of such election in the several precincts and wards in any county in which such question is submitted, and such notice is given, as aforesaid, shall open a poll for taking such vote, receive and count the ballots cast, and within three days thereafter return to the clerk of the board of county commissioners a full and correct abstract of the votes, and shall in all respects be governed by the laws regulating general elections, and be entitled to the same compensation for returning the poll-books, which shall be paid out of the county treasury on the order of the clerk of the board. And the poll-books so returned shall, within five days of the day of holding such election, be opened and the votes counted by the commissioners and the clerk of the board, and a correct statement of the result shall be kept by the clerk on file in his office for public inspection. (L. '90, § 7, p. 614.)

99. Two-fifths Adverse Vote Defeats-Re-Submission.

If at such election two-fifths of the votes so cast be against the policy of constructing such turnpikes, the commissioners shall not assess any tax for that purpose, but they may, on petition of not less than one hundred tax-payers of the county, again submit the same question at any regular annual election to the qualified voters of the county, notice of which shall be given and the election conducted in all respects in the manner prescribed in the two preceding sections. (L. '90, § 8, p. 614.)

100. Majority Necessary.

If at any such election three-fifths be found in favor of the construction of such turnpikes, the commissioners may proceed to levy taxes, issue bonds and appropriate and expend money in the construction of such turnpike roads as, in their judgment, may be necessary to the public convenience and promotive of the public interest. (L. '90, § 9, p. 615.)

IOI. Levy of Tax-In Case of Written Agreements.

When the county commissioners receive or require donations. of money or written agreements on the part of the tax-payers, subjecting their taxable property to taxation annually, to aid in

the location and construction of such roads, and a majority of the tax-payers within the boundaries of the road sign such subscription or agreement, the commissioners shall thereupon be authorized to levy the amount thereof upon the taxable property within the boundaries of the road, according to the benefits to said property. taking into consideration any assessments that have heretofore been made; and the boundaries of the road shall not be taken to include any property that does not lie within two miles of such contemplated improvement. (L. '90, § 10, p. 615.)

102. Levy of Tax Voted.

Upon the location and establishment of any such turnpike road by the county commissioners, and after an affirmative vote by the qualified voters, they may, for the purpose of aiding in the construction, and to provide a permanent fund for the maintenance and expense thereof, levy annually, in addition to other road taxes authorized by law, a tax for turnpike road purposes of not more than four mills on the dollar of valuation on the taxable property in the county, and to continue such levy from year to year until the road or roads which have been commenced are completed. (L. '90, § 11, p. 615.)

103. Levying Taxes-Turnpike Bonds.

No such taxes shall be levied on any lands which have heretofore been assessed for the construction of any free turnpikes or improved road or roads already constructed or in course of construction at the time of the levy of the tax, unless the amount of such assessment, and in such case such excess only shall be levied and collected; and for the purpose of raising the money necessary to meet the expenses of such improvement the county commissioners may, if in their opinion the same be advisable, submit to the qualified voters of the county at any general election the question whether the county commissioners shall be authorized to issue bonds of the county for the purpose of building roads in accordance with the provisions of this act, and if three-fifths of the legal votes cast be in favor of the issue of such bonds, then the county commissioners may issue the bonds of the county, payable at such times as they deem advisable, not exceeding twenty years, with interest not exceeding six per cent. per annum, payable semi

annually, and which bonds shall not be sold for less than their par value. (L. '90, § 12, p. 615.)

104. Full Records to Be Kept.

The county commissioners shall cause to be kept by the clerk of the board a full record of all the proceedings in the location, establishment and construction of the road, together with accurate accounts of receipts and expenditures of money under the provisions of this act, and no money shall be drawn from the treasury except to pay liabilities already accured, and then only in pursuance of orders caused by the commissioners whilst in session as a board, to be entered upon the record of their proceedings, and by orders drawn by their clerk upon the county treasury in favor of the persons to whom such money is due. 13, p. 616.)

105. Letting Contracts.

(L. '90, §

The work of the construction of such roads shall be let publicly by the county commissioners to the lowest responsible bidder, after due notice given of such letting by publication in one or more newspapers published or of general circulation in the county, or by hand-bills, or both; for that purpose the commissioners shall cause the same to be divided into convenient sections, and each section numbered from the county seat or other point named as the place of beginning, toward the termination, and shall let the same by sections, with proper specifications of the various kinds of labor required on each section; and bidders shall be required to separately state their bids for each class of work, in such manner as the commissioners shall provide, and each contractor shall be required to give bond, with sufficient sureties, for the performance of his contract, payable to the county commissioners, for the use and benefit of the county, and with the necessary specifications and stipulations on the part of the contractor inserted therein. (L. 90, § 14, p. 616.)

106. Construction and Payment.

In all cases the construction of such roads shall commence at the point of beginning, and no payment for work or material

shall be made except upon estimates made by the surveyor or engineer employed by the commissioners, and by him duly certified, of work actually done or material actually furnished, or both, and after reserving such per cent., as may be fixed by the parties to the contract to guarantee performance of the same. (L. '90, § 15, p. 617.)

107. Pay for Survey, Viewers, Etc.

The viewers, surveyor, or engineer, and their assistants, shall be entitled to receive the same compensation for their services required under the provisions of this act as is now allowed by law in the construction of state or county roads. (L. '90, § 16, p. 617.)

PROVIDING FOR SYSTEM OF IMPROVED ROADS.

108. 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, § 1, p. 301.)

109. Definition of Terms.

The word "improvement" as used in this act shall mean a road as contemplated to be improved under this act. The word "road" as used in this act shall be construed to mean a public highway or thoroughfare. The words "territory (or property) particularly benefited" as used in this act 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 act shall be construed to mean a line two miles distant from any parallel to the center line of the improvement on either side thereof, con

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