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accompany the jury and point out its route; no other person shall be permitted to interfere in any way with the jurors in the discharge of their duties, and after the jury has fully examined the premises and returned to court, either party may be heard in person or by counsel, and may offer evidence to the jury, under the directions of the court, upon any matter given it especially in charge. (L. '93, Sec. 22, p. 310.)

128. Verdict.

The jury shall find and return a verdict determining the matter or matters appealed from, being one or more of the following propositions, viz: First, Whether said improved road will be conducive to the public needs, convenience or welfare; second, whether the route thereof is practicable; third, the compensation due each appellant for land or construction materials appropriated; fourth, the damage due each appellant for property affected by the improvement. The jury shall return their verdict in writing, signed by the jurors. As to said proposition, it shall be necessary for only nine jurors to agree. (L. '93, Sec. 23, p. 311.)

129. Return of Verdict-Records to Be Forwarded.

Upon the return of the verdict the same shall be recorded, and together with all papers and records, duly certified, forwarded to the office of the clerk of the board of county commissioners. (L. '93, Sec. 24, p. 311.)

130. Costs.

If the verdict of the jury be in favor of the appellant the commissioners shall cause to be made on their journal an entry carrying out the findings of the jury; and if the jury find that the improvement is not necessary, or will not be conducive to the public need, convenience or welfare, or is not practicable, the commissioners shall cause an entry to be made upon their journal dismissing the proceedings at the cost of the county, which shall be paid out of the general county fund on the order of the county commissioners. (L. '93, Sec. 25, p. 311.)

131. When Appellant Shall Pay Costs.

If the jury find that the improvement is necessary and that the same will be conducive to the public needs, convenience and welfare, and is practicable, the commissioners shall assess the costs to the appellant. (L. '93, Sec. 26, p. 311.)

132. Damages.

If the jury find that the allowance of compensation and damages, as made by the commissioners, fully compensate for all land and construction materials appropriated and damages sustained, the commissioners shall assess the costs made by the ap peal to the appellant. (L. '93, Sec. 27, p. 132.)

133. Cases Consolidated, When.

If more than one party appeal, the superior judge may order the cases to be consolidated and tried together, and the rights of each party as to compensation and damages shall be separately determined by the jury in its verdict. (L. '93, Sec. 28, p. 311.)

134. Bids for Construction - Notice of Awarding Contracts.

After the transcript of the proceedings before the superior judge, and all other papers in the case, are returned to the clerk of the board of county commissioners, the commissioners shall cause such entry to be made on their journal as may be necessary to give effect to the verdict and findings of the jury, and shall fix a time for the receiving and opening of sealed bids for 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 construetion 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, Sec. 29, p. 312.)

135. 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, Sec. 30, p. 313.)

136. 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 the 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 certificate 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. (L. 93, Sec. 31.)

137. Re-Advertising for Bids.

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, Sec. 32, p. 314.)

138. 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, Sec. 3, p. 17.)

139. 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, Sec. 34, p. 314.)

140. 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 or 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.

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