the construction of the proposed improvement, and if in the opinion of the board of county commissioners the interest [s] of the public will be advanced thereby, they shall divide the improvement into sections of a more or less number of lineal feet, and call for bids on each of said sections, or they may call for bids. for each kind of work to be done or material to be furnished, or any one or more of such kinds of labor and materials as they may believe to be advisable, but in every case all of the construction shall be performed by contract, duly awarded, as provided in this section. They shall cause notice to be given, as hereinafter provided, of the time and place of awarding contracts, and direct the board of construction and the engineer who made the survey and estimates, or other competent engineer, to attend at the time and place of opening bids. The board of construction shall superintend and conduct the same, receive all bids for the construction of the improvement, and enter into agreements in the name of the county. The notice for bids shall state the location and general nature of the improvements to be done, and where the plans and specifications are filed for examination, and shall be signed by the clerk of the board of county commissioners by order of the board. The commissioners may provide in such notice, if convinced that the interests of their county will be protected or advanced thereby, that no foreign, alien or pauper labor shall be employed in the construction to be let. The notice shall be published for at least two consecutive weeks previous to the date of letting, in one or more daily or weekly papers published and of general circulation in the county, and in such other manner as the board may see fit to direct. (L. '93, § 29, p.312.)

134. Bond With Bids-Passing on Bids-Contractor's Bond.

Every bid shall be accompanied by a certified check or bond in the sum of five hundred dollars, or not less than one-tenth of the amount of the bid, with security satisfactory to the board of construction, conditioned that if the contract be awarded to him he will, when required by the board of construction, execute an agreement in writing to perform the work according to the plans and specifications. No bid shall be received by the board of construction or any member thereof except at such meeting, and all bids then received shall be immediately, when opened, publicly

read. The board of construction shall reject any or all bids if in their opinion good cause exists therefor, or if the total amount. of such lettings shall exceed the estimated cost of construction, but otherwise they shall award the contract or contracts to the lowest responsible bidder, who shall give satisfactory evidence of his ability to perform the contract. The bidder to whom contracts shall be awarded shall execute to the board of construction, for the benefit of the county, a bond to accompany each separate agreement, conditioned for the faithful performance of the contract, in a sum equal to one-half the amount of the contract, and with sureties satisfactory to the board of construction. (L. '93, § 30, p. 313.)

135. Payments, How Made.

When the amount of any contract is less than one thousand dollars, no payment shall be made thereon until the contract is fully completed to the satisfaction of the board. When partial payments are provided for in the agreement, as each payment becomes due and before payment shall be made, the board of construction shall file with the clerk of the board of county commissioners their certificate, stating as near as may be the total amount of work done or material furnished, and that such work appears to have been done in all respects as required by the contract. The clerk of the board of county commissioners shall thereupon draw a warrant on the county treasurer in favor of the contractor for the amount due: Provided, That no partial payment made during progress of the work shall exceed eighty per centum of the estimated value of the work done: And provided further, That before final payment is made on any contract, the work shall first be examined by the engineer who prepared the estimate, or other competent engineer, and his crtificate be filed with the clerk of the board of county commissioners that the work has been fully performed and completed in accordance with the contract.

the

93. § 31.)

136. Readvertising for Bids.

(L.

If, at the time of letting, satisfactory bids are not received for the whole or any part of the improvement, a future time and place shall be fixed for again receiving bids, notice of which shall

be given and the same conducted in every manner as hereinbefore provided; or, if any contractor shall fail to perform his work or complete the same, the contract shall be re-let in manner as hereinbefore provided. (L. '93, § 32, p. 314.)

137. County Surveyor as Inspector.

It shall be the duty of the county surveyor in charge of said work, if the county commissioners so direct, to inspect all work of construction from time to time and see that the same is being done according to contract. (L. '99, § 3, p. 17.)

138. Collection of Assessment.

When not otherwise provided for in the petition the cost of the improvement shall be entered by the clerk of the board of county commissioners upon the duplicate assessment roll against the persons and property as shown on the schedule of appraisement, first deducting from any assessment against a person, company or corporation to whom awards of damages have been made the amount of the same, and in case of any excess of damages over the assessment, a warrant shall be drawn on the county treasurer in favor of the person, company or corporation to whom such damage has been awarded for the balance due after deducting the assessment. And the assessment so made shall be a tax upon the persons and property, and the same shall be collected as other taxes are collected. (L. '93, § 34, p. 314.)

139. Payment in Annual Installments.

When the petition shall so request, the improvements provided for under this act shall be paid for in annual installments by an annual tax levied upon the property assessed for benefits. The petition shall set forth "that the improvement be paid for on the years installment plan," and the number of years shall not be more than ten. When the improvement is done under the provisions of this section the clerk of the board of county commissioners shall divide the total estimated cost of the improvement, including interest on deferred payments, into as many equal parts as there are installments, and shall each year when an installment is payable, enter the amount of the same upon

the duplicate assessment roll against the persons and property assessed for benefits, and it shall be the duty of the county treasurer to collect the same the same as other taxes are collected. (L. 93, § 35, p. 315.)

140. Construction Contracts.

Construction done under the yearly installment plan shall commence at the place of beginning and be completed without intermission toward the place of ending, and the payment of improvements under such installment plan shall not in any year exceed the benefit assessments for that year. The engineer shall divide the road into as many annual construction sections of equal cost as there are years of construction, and let contracts from time to time during the progress of construction in like manner as herein before provided, and any excess funds appropriated to one section shall be applicable to the succeeding section. (L. '99, § 4, p. 171.)

141. Petition-When Paid Out of General Fund-Issuance of Bonds.

The petition may set forth that public welfare requires that the construction of the whole line of improvement petitioned for be begun without delay. If upon the hearing of the petition the board of county commissioners determine that public welfare calls for the construction of the whole line of improvement as soon as possible, they shall provide for paying the cost thereof out of the general road fund of the county, and if the county has not sufficient funds on hand or in process of collection they may, by resolution passed at any regular or special session, direct that an election be called and held for the purpose of submitting to the legal voters of such county the question whether the bonds of the county shall be issued to provide funds for such construction. Notice of such election shall be given by publication in some newspaper published in this State, and having a general circulation in such county, and to be designated by the board of county commissioners, at least once in each week for four successive weeks, but the first publication shall be at least thirty days prior to the day of election, and if such notice be not published in a newspaper printed in the county where such election is to be held, the notice

shall be posted in twenty of the most public places in said county at least thirty days prior to the date of said election. The election notice shall state the amount of bonds proposed to be issued, and shall be signed by the county auditor. The ballots used at such election must contain the words, "Bonds, yes," and "Bonds, no," and the elector receiving the same shall cross out therefrom part of the ballot in such manner that the remaining part shall express his vote upon the question of issuing bonds. In all other respects the general election laws of the state shall control. If three-fifths of the legal voters of such county voting at such election shall deposit a ballot bearing the words "Bonds, yes," it shall thereupon be lawful for the board of county commissioners to issue the bonds of such county, not exceeding the amount so authorized, to be styled, "Road bonds of

county." Such bonds shall be issued in denominations of not less than one hundred or more than one thousand dollars, and shall be numbered from one up consecutively; shall bear the date of their issue; shall be made payable to the bearer at a time to be specified therein not more than twenty years from their date; and shall bear interest at the rate of not to exceed six per cent. per annum, payable semiannually, and such interest shall be evidenced by coupons attached to such bonds, and the principal and interest shall be payable at the office of the treasurer of such county, and cause the same to be specified in such bonds; subject, however, to any general law of this state regulating the place of payment of county bonds. Such bonds shall be printed, engraved or lithographed on good bond paper, and shall be signed by the chairman of the board of county commissioners, and countersigned by the county auditor, and shall have the seal of the board of county commissioners thereto affixed; and the coupons shall be executed by the autograph signatures or by engraved or lithographed fac similes of the autograph signatures of the chairman of the board of county commissioners and the county auditor, and need not be scaled. Nothing in this act contained shall be construed to authorize the issue of any bonds which would make the aggregate indebtedness of such county exceed one and one-half per cent. of the value of the taxable property therein, to be ascertained by the last assessment for state and county purposes. (L. '93, § 37, p. 315.)