Pike County Democrat, Volume 29, Number 44, Petersburg, Pike County, 10 March 1899 — Page 5
REFORM BILLS New CounLy ar,d Township Lsws.
UJL'XTI U1LU Act Senate Bill Xo. 119-Sew: An Concernins: County Business. • [Section 1. Creates a county council.) Sec. 2. , That within twenty days after the taking effect of this act, the. board of county commissioners of each county shall meet and make and spread of record • an order divt«*ti g such county into four councllmanic districts of contiguous territory, as nearly equal in population as possible: Provided, That no township shall be divided in forming such districts. The members of the county council shall consist of One councilman from <each councllmanic district, to be elected by the voters of such district, and three councilmen at large, to be elected by the vot_ers of the whole county. The county &u*£«tor shall call the board of county com/fnissioners in special session, if necessary, /for the purpose of forming the councilmanic districts. The board of county commissioners ' shall not thereafter change the-boundary of such districts oftener than once in six years. [Sec. 3. Provides for salaries of councilmen. In counties of 35.00 population or less S10 each per annum; 35.00 and not s more than To.CoO, lie; and above 75,000, 120.) . Sec. 4. No person shall hold the office ot councUmen1 in such council while holding any state, county. township or municipal office or who is not a qualified voter and resident freeholder of the county: or in case other lhan councilman at large, who is not a qualified voter and resident freeholder of the district from which elected or appointed. If any person shall be o? become Ineligible under the provisions of. this section, it shall operate to imifiediately vacate his office as such councilman. Sec. 5. An election of county councilman shall take place at the general November election in 1900, and in 1902. and every four years thereafter. The term of office of councUmen elected in 1900 shall be two years, and at all subsequent elections four years, beginning on the tenth day after the election. Vacancies occurring in the office of councilmen shall be, filled by election of the council at the first regular meeting after their occurrence. A person appointed to fill a vacancy shall held until the expiration of the term in which It occurred. [tfeo. 6. Provides for councilmen taking qualifying oath.*) [Sec.» Provides that all meetings shall be held at pouniy sent: names the day and hour; provides for annual meeting; the election of officers of the council and notices of meetings.) [Sec. 8. Provides for adjournment of the council from day to day until its work is completed.) [Sec. 9. Provides county auditor shall be clerk of the council and keep an accurate minute and journal of its proceedings.] « [Sec. 10. Provides the sheriff or deputy shall attend sessions of council.] [Sec. 11. Provides for a quorum of council.], [Sec. 12. Provides for counicl expelling its own members.] Sec. 13. No member of the council shall either directly or indirectly be a party to, or in any manner interested in, any contract or agreement with the coupty. Any contract in contravention of the foregoing provision snail be void. Whoever , shall knowinjgly violate the provisions of this sectiop shall be fined not more than one thousand dollars, to which may be added imprisonment in the county jail for any period not exceeding six-months. Sec. 14. No councilman shall purchase either directly or indirectly any bond, order, claim or demand. whatever, against the ' county during his continuance in office, for any less sum than the amount specified therein; and any bond, order, claim or demand so purchased by any such person in contravention of the provisions of this section, shall be forfeited to the county, and no action shall be maintained thereon. Sec. 15.' The power of fixing the rate of taxation for county purposes and for all purposes where the rate not fixed by law is required tc be uniform throughout the bounty, snail be vested exi.usively in the county council; and naitner the board of county commissioners, nor any county officer or officers, shall have power to fix the rate for any such purpose whatever. The power of making appropriations of money to be paid out of the county treasury shall be vested exclusively in such council, and. except as in this act otherwise expressly provided, no money Shall be drawn from such treasury but in pursuance of appropriations so made. Sec. 16. Before the Thursday following the first Monday In August, of each year, every county officer shall prepare anestimate. Itemized v.Uh as great particularity as possible, ot the amoiint of money required for his office for the ensuing calendar year; every clerk of a court or J courts of a county shall prepare a separate similarly itemized estimate of the amount required for such year for each court of which he is clerk, and when a court consists of two or more judges who preside In separate rooms, or over separate divisions of the court, a separate similarly Itemized estimate for court expenses in each room so presided in: and every board of county commissioners shall prepare a separate and similarly itemixed estimate of all money to be drawn by the members of said board, and of all expenditures to be made by the board, or pursuant to its orders, during such year for any and all purposes whatever. To each of such estimate there shall be appended a certificate verified bv the oath of the officer preparing the same to the effect that in his opinion the amount fixed in each item will be required for the purpose indicated thereby. The estimate of the amount of money required for any court or division thereof shall be subject to modification and approval by the judge of such court or division thereof, and shall be submitted to him for that purpose before being presented to the county auditor, in addition to the tibdve estimates the clerk of the circuit court shall prepare an estimate of the following matters: (!) Amount required for expenses of insanity Inquisitions during the ensuing calendar ^year. Itemizing the same; (2) Amount required to pay expenses of cases tried in other counties on changes of venue, such as are taxable under the law against the county from which the change is taken. Sec. 17. Every estimate required by the preceding section to be prepared by any county officer of money required for his office shall embrace in items separate from each other each of the following matters: 0) Salary of the officer as fixed by law if payable out of the county treasury; if not. an estimate of the number of days or length of time of service required or other facts, showing basis of the estimated amount of compensation for the year for the officer at the rate fixed by law; (2)-The estimated amount of deputy hire, If any such is under the law payable out of the county treasury; (3' Supplies |or theofflcfc If payment for any such can made out of the county treasury und<?r the law, whether with or without an order ot the board of county commissioners tjr that effect, itemizing particularly the quantity of each kind -of supplies add the probable cost thereof; (4) Any and all other expenses of the office which are by law payable out of the county treasury with or without an order of the board of county commissioners to that effect, itemizing and specifying with the greatest possible particularity all of such expenses.
sec. is. Every estimate required by said section sixteen (16) of the amount of mowey required for any court or division thereof shall embrace, in terms separate from each other, each of the following matters: O) Salary of the judge or so much thereof as is payable by authority of law out of the county treasury; (2) Salary of probate commissioner, if any expenses of probate commissioner, if any Itemising the same; <3) Tne estimated amount required for bailiff hire; (4) The estimate amount of jury fees; (a) The estimated amount of -witness fees that by law may be paid out of the county treasury; (6) The estimated amount required for pay of special judges; (7) The estimated amount of alt other exoertses of the court Itemised and specified with the greatest particularity practicable. -— Sec. 13. Every estimate reqtiired by •aid section sixteen (16) to be prepared by the board of county commissioners 'shall embrace, in items separate, from each other, each of the following matters; (1) A3 to each building or institution main
op :n’j mono Mid ct the e>-:watte sli from each otiit i: tnfpfd or supp rted by the county, such court huu--> county asylum, work aoiet\ jail. t»r tther building or institutwa i whaie *r character, maintained a ■whole or in part by of the county treasury, ll shaw la items separate —. - and separately for each Citation; (<*> the a uoar.t required for 1 c> wstriieiian of sew buildings, u any; lb) ; t:.e amount r._< tired for repairs of prem- ! i*cs. itemizing he same as far as possij bie; (c> the ;.s m,u lor supplies for the institution. lit me same; (a) the amount reejuin ir.r employes and agents I at tucu mstiti ion, itemizing the same; ! «v) ail oilier xpen&es connected with »anil iustuutU; i, itemizing the same; (t.) The uuiouu recurred for building of bndgt-a, neaih g tue same by giving location ana nt ant for each bridge; (3) Amount rei’inr 1 for repair of bridges, itemizing toe t>i ue; (4) Expenses of commissioners' cot t. lteatiz.ng the same; (i>) Jknary of le county attorney; (S) Amount of sa .j-y or compensation of pauper attorney n any; (1) Expenses of ooarti of healtr Hennaing the same; (8) Amount for rej ilr of free gravel roads exclusive of briii^es, itemized oy naming oa<-n r.-ud, tne length thereof, and the amount require mere for; tS> Amounts requii ed for et ;tlon expenses, showing <■* ' -e** funii rl of precincts, and by separate items .e amounts required for euc.» v» tuc to-Ui ,'inv tilings: Fay of inspet tors, jtiu&Vf cneras, shenus. rent, meals, banting id repair of booths and i»«u ut-noxts, a rertisiug, bill posting, printing ana sta; onery. expenses of election commission'; s. expense of constructing or puiei.aon ; election .furniture and supplies; e• t>> Ah »unt required for paying principal and in rest of bonds and loans maiming auritu year, itemising each loan and is required to ptiy for tne support < tne ensuing calendar lie amount required f^r le of li-onds; (li) Amount juugments. adjustments » 1 v »- VO, aujutrtuiv uta of suits, and cos. »; utb Amounts required inmates of statfc benev oleni institutions or other benevolent or penial InstitUA.n for publication (14) Amounts re< lion of employes of the county Amounts require ponses of county other items of ax the^board. or pu . (13i Amounts required !' delinquent tax lists; llred for the corppensawhich are payable out treasury, if any; (li) for the payment of exsdard of review; (ltt) Ail enuttures to bb made by -T— — r- uant to its order during the year for winch the appropriation is to be made*, Itenr ted with particularity. Where, under :he law, the expense of any office of u county officer, or any part therof. is a thorixed to be paid out of the county t:: asury, but requires an order of the boa l of county commissioners to that effect the estimate of the expenses of such o ce shall be embraced in the estimate Teq Ired to be furnished by the county oifici . but shall not be embraced iu the es imate furnished by the boaixl of county ymmissloners. The’pewer of fixing the ate of taxation in each township for the! lurpose of raising funds for the payment f the expense of making Ui’Sl'!iSn| nt of such township shall be vested i iclusively in the county council, ami neili er the l>oard of county commissioners n ■ any other officer shall have power to t the rate for any such purpose whatevi . before the Thursday following the titii Monday in August in each year taeh o.wnship assessor shall prepare an estil late, itemized with as great particular y as possible, of the amount of mom required for his office for the ensuing alendar year. Such estimate shall em race, in items separate from each other, eac-h of the matters required by see tic sixteen of this act in 1he casiS. ot estlnr tt?s b>' county officers. Sec. 20, All ojj the above provided for estimates when I o prepared, other than the one prepare by the county auditor shall be present 1 to said auditor on or before the \\ edr. sday following the first Moncay 1,1 st- hhd they, together with the ofiesa si prepared by him, shall be kept on hie iij his office subject to inspection by any taxpayer of tne county from the time t! .y are hied. * * • At the regular annu t meeting of the council on the first T.ueofay after the first Monday in Septembtjij, the auditor shall present all of said estimates thereto, and make any suen jn('commendations to the council with re; ri*nc? to the estimate as may to him s m proper. And .it shall be his duty bet v such meeting: ot“ the council to prepaiNi an orc!inanc3 in proper form, to be adopi :'d by tife cotSheil. fixing the rate of taxi ion Ter the taxes to be collected in the e su’tng calendar year, and also an ordinam making an appropriation by items fo such calendar vear tor the various pury ses for which all of the above estimates .re required. The council at said meet lg shall act upon such ordinances, and y adopting the same or amenued or suss luted ordinances fix the tax rate within the limit prescribed 1 law. and make t ordinance st all 1 separate days I The council shall quire any esurn ified to be so Itej: prepared the sar any purpose a s estimated in th three-fourths to otherwise, an ap for an item not or for a gr^ iU r in any item of a Sec. 21. if at e appropriations. Eac read upon at least tw ■fore its final adoptici have full jK>wer to r< te not sufficiently iten siztd by the person wb \ and to appropriate ft :n not greater than th£ item therefor. By t oi the council, and n< ropriation may be mad mtalned in any estimti mount than that name estimate. -T-v tini« after, adjourr ment of the regular annual meeting i September, an ei 'urgency should arise fc further appropr tiens. for any purpos for which the co: ftcil is authorized to at propriate b\ this act. such further appre priations may b« made at a special mee ing^ of the couth ;. 0‘n estinu\tes prepare and presented hereinabove provide! by an ordinance assed bv at h ast e twr thirds vote of i ll the members of th council, and not otherwise , Sec. 22. Fund due the'State or an township, town u: city of the county froi the county treasury may be paid in th un,^ u in the authority pri scribed by iaw ther than this act ?r except as to sue; t funds no money sha be paul from th, county treasury o*h.u wise than noon warrant draw« bv th county auditor. Except as to salaries c county couneilm n tr,.s act shah mn ) bonstrued as auiihorising the auditor t draw any warra t that is not authorize by existing or c iher laws than this ac Appropriation by the countv council st not be necessar; to authorize a warn drawn and *pay lent made out of county treasur; in the foliowing stances, namely: Df any monev belong to the state; of my money belonging any school fund, whether principal or t rest: of any, ; io*\ey belonging to t fund of any tow ship, town or city of county; or of an money due to any p son. company, c corporation which 1 been paid into 1: e county treasury p suant to assess; mt on persons or pr erty of the courdiy in territory less *} that of the who ‘ county for anv oul improvement or purchase thereof.* si as ditches find d tins and repairs there straightening ws er courses, making 1 ees and repairs thereof, or establ'ish and construetir highways, turnnih gravel or igaci iamized reads; of z money due to s ty person, companv corporation, whi i has been’paid into treasury to r deem from any - i or other sale or of any mot so due that has been oaid pursuant to aut irlty of law as a ten< or payment to i lie person, cotnpanv corporation; of taxes erroneously n£ In all the abo ‘ enumerated instan payment may b made out of the corn treasury upon the authority and in manner preserib i by law without app priations by th county council In other Instances, no warrants, shall drawn upon., c money paid out the county tre jury, unless an app ?nation by th county council the or has bi n made. for calendar year -i which the payment made, and whi< h appropriation* rema
unexnausteu. [Sec. :£>. Proved* that countv auditors stall keep separate hoc ants of each specific appropriation and shal lot allow the appropriation to be overdrawn < used for anv other purpose than that for wh h appropriation was made under penalty of le or imprisonment.! Sec. 24. Whe any Item of appropriation shall remai unexhausted at the end of the calendar rear for which the same was auprcpriat 1, the amount thereof shall tmmediato y revert to the general fund of the eou ty. and no warrant shall toe drawn on s.u ,1 appropriation after the end of such ye: Sec. 25. No toe rd of county commissioners. officer, agei or employe of any county shall have ] >wer to bind the county by any contrac or agreement, or in any Other way. to my extent beyond the amount of mon ;r at the time already appro print (Hi by < clinance for the purpose of the cbligati i attempted to bo incurred. and a i contracts and agreements. express ‘>r implied, ai^l all obligatiopf- of an;, and every sort, beyond t such enisling a propriation, are declared j to be ubtiolutftl void. 1
S*c. 2C. TUvery county officer. and every number r f a r* erd of county commissioners, shivii issue. or cause to bo issued, ui./ bonu. evrtlfleate. or warrant for the payment or money which shall purport to lie* at! oi. of such county. Red he be;-vn«I .he unexpended balar.c- of any suet. ..pp.-opri&tion made for such putpav. r,r \*;m shall attempt to bind such county by any contract, agreetneut,. or in any otV* way. to an extent beyond the amount i f money at the time already appropriate*; by ordinance for avch ,.ur]> . r. u-u rearsir ing at the time unexpended, shall he lab!e c i his official bond to any person Injured thereby, and ■ball be lined in r.ny sum not n*ere than or * d-;l ..fs and lir.pri-doned in the county j.t.1 <n: more than six months. iiec. _'T. ;\o court. or division thereof,, of any courty. sintl have power to bind such cecity by ru y contract, agreement, or ir. any other nay, except by judgment reared ir. cause where such court’has ju: ..-diction of thei parties and subject matter of the action, to any extent beyond the amount cf money at the time already appropriated by ondtnance for the purpose of such court, and for the purpose for which such eoUgai.i.nliis atempted to be incurred, and all contracts and agreements, express or implied, and all Omlsations of any and every sort attempted beyond such exist’n<r appropriation shall be absolutely void. Sec. No Judgment against any county shall be en^nrcible except out of moneys appropr sited for that purpose; but the county council may be compelled by mandamus proeedtngs to make the necessary provisions for levying; and collect;!;?: hy taxation and to appropriate the necessary sum for the payment of any judgment, in-which case the council ir.ny be sued collectively by its legal name J service o? ; roce*s being had on any mem- • ber thereof, and ail numbers shall be bourd by such Judgment, and. in such proceedings the beard of county commissioners and county auditor shall be joined as parties defendant, in order to, secure complete and adequate relief in the premises.
bee. 23. Fxcent ns to payment of th® salary of count Ilmen. herein specifically provided for, tai.< act shall rot be construed as authorizing the ar>;> "opriati.on of any money to be paid out of me county treasury, or the drawing of any warrant ther- f • or payment of any money out of s' -easury. for any purj»>se what* ever which such payment out of the count; .nasury is hot authorized by 1 w other than this act. The intent of th:* not is to p ace • limits and, checks upon payments out of such coupty treasury!, and not to extend or Jncreuse them. Sec. 3D. The treasurer shall keep an account of all money received by him for taxes collected pursuant to the rate fixed by the council, as required in this act. and as renuireu by luw, and on the first day of each month shall certify to the auditor the gross amount collected by him for the preceding month, and the' portion of said amount so collected that county funds shall be available, for the use. of the county, and may be drawn upon for the purpose of paying any Item of appropriation for such year or any part thereof.. [Sec. 31. Provides for the complete settlement by the county commissioners with the treasurer at January meeting ] Sec. 32. T^e county council shall have th? exclusive power to authorise the borrowing cf money for the county, but tre total amount of county indebtedness shall not exited an amount equaling two t..j> per cent, of the taxable property of sued county, as the same may appear on the tax duplicate for the. year in which such loan shall be effected. Th? ordinance authorising such loan may direct the issue of bonds or other county obligations, negotiable or otnerwise. bearing interest at a rate n> t exceeding six per cent, per annum, and running not to’exceed twenty (*'■> years. It shall be lawful to provide that the bonds of any series may mature by installments par.able annually, or other w. so. if de>'mkl for 'he public interest. It st. ii be lawful to issue aitu sell bonds for any lawful corporate purpose, except that no bonds sir a 11 be issued or sold to pay for any current expenses of su h county incurred after the passage of this act. lemporary loans may be authorised to meet current ifurnirg exp psos tc* an amount net exch'dmv ti e revenue for toe current year, aful only a - >an anticipation of such revenue. It shall be the duty 6t said council each y .r to levy an annual tax within the rate prescribed by law. sufficient to pay alt current running expenses of the cjtnrsty. inc tiding such temporary loans and interest on county mdobtt dries-.--. and s’:•!! also rc;t-e a levy as heretofore required to be made by the county rr iss: u .ers UR^tr' section 5io3 of the >h vi,- * Statutes- of l»a. if the county have any bond el indebtedness. If for any reasuh the amount of revenue in any year should fall short of the sum expected to bays beer, raised, and thereby a'-deficit shod be incurred, for current running expenses, then It shall be tbei dut$r of srJfi couna:! to provide for such deficit in the next tax levy. Whenever any bord* are authorized the ordinance shall store thy purpose fer whith said bc.nds are issts.fi. so that: the Tecord may show that such bonds ;*re issued either for the purpose of pa; ing any county indebtedness Incurred before the passage oil this act or folr county expenses authorized by luw.orhcr than current running expenses, or for the payment of bonds issued ft r said lawful purposes after the passage of ;h's act. See. :t'». H'reafiler the -board of counts* commissioners. cr any authority, shall have net p-vwvr whatever to maae any allowance for voluntary services, or for things voluntarily furnished, and no power to pay or cause the same to be paid for. out of the countv treasury: they shall . have no power to allow, pay or cause to be paid any money out cf th® county treasury to cr for the relief or anpnort of anv pauper cr poor person whatever, or liable to become such, if such person be at the time not an inmate of some county Institution. They shall have no power to contract for services of any phvsacian to attend upon any poor of the county other than Inmate's of the county institutions: ai d they shall have no power to pay. or cause to be paid, either per diem or mileage, or other compensation to any justice of the oeace for" making returns or reports to the county auuitor cr other county authority, cr for dockets or other supplies for justices of.the peace. Ad laws or parts of laws conferring power upon any authority to make payment out of the county treasury for any of the matters mentioned in this section, are hereby repealed. Sec. 3-1- No sale or conveyance of any real estate bf the county of the value of1 one thousand dollars or more, and ro purchase by the county of any real estake of such value, shall take place, except pursuant to an ordinance of the council authorizing such sale or purchase and fixing the terms and conditions thereof. Sec. 35. No supplies or materials of anv sort to he paid tor out of the countv treasury shall he purchased, contracted for or procured by any one except by the board of eorvniss'opers. or persons authorised by them, and no warrant shall be dra-' n cn the county treasury and no funds dlsbt r?ed in payment for any supplies or materials unless the same have been so i-tirc n.-ed.
■Sec. 23. The beard of commissioners, having the exclusive power to purchase materials! stud supplies of any and every sort which arc, to be paid for out of the eounty treasury, shah purchase such supplies or materials only upon the written requisition of. th^ officer or employe for whom or for wh^e work such supplies or lr.iterla's etc dpemed necessary. The form of such written requisition shall lje prepared by the aud tor and approved bv the board of commissioners, and printed blanks furnished to the various county officials arc employes entitled to make such requisitions. Toe snm% shall describe with reasonable particularity the kind and quantity of ail suppjks or materials needed, the purpose foefwhich thev are needed, and the place where they are to be used. It shall be the duty of all officers ad employes of the couny who need any supplies or materials to be paid for out of the county treasury, to present totheboardof commissioners on or before the first day of September In each year, their written requisitions as hereinbefore provided, for ail materials and supplies required by them, and each “of them* divided under apprpriate headings, properly classifying the same, for the ensuing calendar year, ft shall be the .duty of the beard of commissioners, having required and received such requisitions from each officer or employe of tbe county entitled to mr.ke the same, to prepare full and definite any specifications on or before the first Tuesday after the first Monday of October of each year, of the kind and quantity of all materials and supplies needed for the county for the ensuing'calender year. Drawings, mode's or blanks Shall l»- prepared when needful to make definite any specifications, in preparing
irceh specifications the board of commlsaicrer* may reduce the amount of any req'fisitm submlted to them as they *hi»k proper. but said commissioners may not put chase, contract for nor procure any ma»eris!s cr supplies not called for in buc:» requisitions on file with them as herein required, unless by the vote of two c n.russioners entered In their record staling the access ty therefor. After the prapnraUen or such specifications of nutten'; !s and supp les so required for the ensuit:g year, the same shall be placed on tile and kept* In ta# auditor’s office, where they shall he o;*en to public inspection. Ti»e commissioners shall cause a brief notice to be published one time in each of two leuding newspapers of genjj8* circulation published in the county, •f Ihere be such, representing respeetivsly the two political parties casting the highest number of votes In such county at the last preceding general election, ih the month of December of each year, informing tne public of the general nature of the supplies and materials required by the county and of the fact that spe>; ideations for the same are on file in the auditor’s office, and calling for sealed proposals for such supplies by a day’ seated In said publications and not earlier than ten days after said publication. No bids shall be received for any materials or supplies differing from the exact ipeclficatians prepared and filed as hereinbefore required. Said board shall, after a satisfactory bid is received, let a contract to the lowest responsible bidder for each ljne or class of supplies or materitls requ.r**d. One line or class shall consist of black books, records, special ruled blanks and similar materials, and another class shall consist of lega l cap stationery, tablets. pens, ink. pencils. and other similar matt rials required, and another class shall consist of letter heads, envelopes. printed stationery and such blanks as can be printed and ruled at a single impression, am* similar imperials. The purpose of such classification being to secure the freest compedtion and the low* st prices from dealers: Provided. That they may reject any and all bids and readvertise for new bids. Bids shall be subtnited separately and contracts shall be let separately upon each tine qr class of material or supplies. In every case the contract so let shall fix not only the price;but the exact animnt or quantity to be furbished, except that in’ tfie case of contracts for mrsSs. groceries, diy goods, fuel. and house furnishings required for the subsistence tf inmates of county inst.tutiors, and blank books, blanks end stationery for the use of the county, the board may in Its discretion let contracts for such articles at stated Prices, leaving the acAbunt or quantity to be furnished to vary with the needs of the county. All such contracts for rna- r teria s < r supplies required for the isnlng calendar year shall be mafia for the entire year for the particular tine or class of articles or materials embraced in the co ntract, and it is declared to be unlawful to "rake part!al contracts for a port! n of th® year’s supplies, except that coun y asylum, poor farm and workhouse supplies may be contracted for quarterly instead ef annually. If after such letting an emergency shall arise for the purchase of additional materials or supplies, before the 'ext period above fixed for another letting, .he board of commissioners shall have newer to receive requisitions. make publication and receive hids for such additional materials or supplies in V'" manner above provided for the annual letting of contracts, but such power for the pure nsj of additional materials or supplies mode necessary by such emergency shall not be exercised except a certificate be signed bv two of the three commi3. torn rs certifying that in their judgment an emergency exists for such r additional purchases and what the emergency is, 'which certificate shall be filed in the auditor's office and spread upon the records of toe county commissioners. S o, 27. In all cases in which the board of qr.rtr-or era ore now or may hereafter be atuhorix- d by law to contract for the execution of any public undertaking, said heard shall cause to be prepared and placed on vile in’ the office of the auditor complete u a a-u* tailed specifications of the same, ioc.u.-ir.g fuli„and complete drawings if the Same consists of the construction or rtv-.v iruuol’.cn or material altera-[ tion of sn; c-rldgv. jail, court house, asylum or ; •i-rar public structure. Lakewise so - a specifications shall be supple-’ ’moated by rail and complete drawings or models in all .ch -r cases where the same are needful or aesuatoe to completely and ue.h ,.c.y ic, no the work so proposed to be lined rtaken. Upon the filing of said specifications and drawings in the office of su'd {auditor, said board shall cause a brief notice to be published * * * in- [ forming, the mil lie of the general nature! of the proposed undertaking and of the , fact that drawings and specifications are | on rdeio.t i.oh office, and calling fort grafted fro; o; Is f.v such work by a day; fixed in sa.fi puH'c ttion. but not earlier i than i-c.i weeks after said publications, i In all casts where the amount involved exceeds two thousand «y.*.A**> doh'ara, such I advertisement snail' i e published twice, in each c-i such newspapers, arid the time { for receiving 1- us shad be not ear.ier than i four v e?ks after the prat of such pfibli- { cations. Furtrcr publications may also { be made when deemed for the public in-'j. teres?. • • *s Sec. 72. No'warrant shall be drawn by; t’ e auditor and no funds shall be paid; cut of the county treasury in payment of f any claim unless the surge has been fully; itemised and its correctness verified by i the e’aiuvar.t, or s me one la his beha f, i and filed with the auditor more than five; days before the first day of the session of i the beard of commissioners at which time j the same is allowed. No warrant shall] be drawn a id no funds shall be paid out | of the county treasury in payment of any i claim for materials or supplies unless the ] same have teen purchased pursuant to the i provisions of this act. nor until the same j has ion approved by the commissioners, j. The commissioners shall not approve any j claim far materials or supplies until they j are satisfied thqt the i a toe have been de- ; livened to the ebunty In compliance with the con *ract. In every case the person14 authorised to receive such materials or j supplies on behalf of the county shall ■ check up-item by iti'ra the invoice" or bill I for the same Immediately upon receiving i them, and shall certify in writing upon; said invoice or bill the materials or sup-j plies therein, listed have been furnished ! and delivered to him. in accordance with! the contract; or incase there shall be any ; deficiency, either in quantity or quality.! or any discrepancy between the materials ] or suuolies delivered and the contract, or any failure to comply with the contract in any particular, such person shall cer- [ tify the facts in writing upon said bill and shall deduct therefrom the just !■ amount. .Such bill or invoice, with such certificate shall be immediately filed with the auditor, but the same shall not be allowed by the commissioners unless the auditor certifies in writing that the same corresponds as to quantities and prices f with the contract. Such certificates shall not be •conclusive, hut it shall be the duty of the commissioners, before approving any claims, to otherwise satisfy themselves That the contract has been complied with.
eec. «*. in au cases wnere a c:a:m !s filed upon a contract with said commissioners fcr work to be conducted under the supervision of the county surveyor, or of any architect, engineer, superintendent or inspector appointed by said com- I missloners. said board shall ndt aliow such claim until such surveyor, architect. ! engineer, superintendent or inspector sbali certify in writing upon said claim that the work therein mentioned has ben per- f formed according to cor.' act. and that the amount of said claim is due and owing by the terms of said contract. Such certificate must lie tiled with the elaim. but the same shall not be conclusive, and it is declared to he the duty of said commissioners to inform themselves as to whether Said money is due and owing under the contract, before allowing such claim. N® warrants snail be drawn and no funds shall be paid out of the county treasury in payment of any claim on any contract with .the commissioners for the execution of any public undertaking, except such contract has been let pursuant to the provisions of this act. nor unless said claim has beeft filed and allowed bv the eommissoners In the manner herein required. [See. 4>. Provides that when bonds are to tee sc*d t fib. auditor shall place on file printed copies of the ordinance authorizing the hands; a statement of the irfdebtednee? of the County and amount of asso? snort of property.] v: . Sec. U. In all-cases where any county offerer is atutjhorUed by this act to receive bids h*r any purpose, it shall be the duty of thy county attdiior to prepare and tarrildh ; * prssjte.n. bidders printed forms on > »»! b'dr. vv! he submitted. No an.;. ..‘e etai-urc in the, form of Said : id Tt -jm itefci :•.! Vh; d fcj the auditor, \.if «.*<»* ;vtk,r*.tvas of tin* ecnvu-asionera, tl.v. be [,.t nutted, uud no Lid shall be ..V,k^
received which does not comply with, this ! provision. In the case of the sale of bonds,: each bid r^all state the full amotmjt In cash \v».ich will be paid by the bidder for the t^tal issue of bonds, and shall be accorr > ted by a certified check of three per t ?. cf the par value of the bends to 1 ■ . drawn against, money deposited ;•» a! reliable bank In said county, if an;, t r it there is no such bank in the county. tn,.n >n some bank in the state. Such check suall be payable to the: board of commissioners, and shall be held as a guaranty of the performance of said bid should the same be accepted. Such check shall be returned to the bidder if his bid shall not be accepted* but tf accepted the Under shall forfeit the amount thereof to said county snould he fail ta perfi. t m his bid. Simitar require-, jnentsi for a deposit of certified checks may be inquired in any other case where bids ajfe received pursuant to this act. if in thejdiscretion cf the commissioners re- * cel vine such bids it shad seem for the public* interest. No bid for any contract for any public undertaking shall be received unless accompanied by good and sufficient bond, payable to the board of comjrusd oners of said county, signed by at least two resident freehold sureties, or by; sureties, or by a surety company, resident or non-resident, to the approval °x boar ^ Said bond shall guaraty Uie ffiithful performance and execution of the work bid for according to the plans and Specifications "and according to the time, ternti end conditions of the contract.; in case the same is awarded to said bidder, and that the contractor so receiving said contract shall promptly pay all debts; incurred by him in the prosecution of such wore, including labor, materials furnished and the board of laborers. Similar requirements for bond and surety may {be made in any other case where bids are received, if deemed for the public interest, in all cases bids shall be publ^ly opened fc.r the first time in the room; of said county commissioners, during 'business hours. All bids received shall; be endorsed by the auditor “accepted" or “rejected,” and shail be preserved on file in the auditor 's office and be subject to the inspection of any citixen. Lpon the acceptance of a bid. a formal contract embodying the terms thereof, shall, wherever the same is desirable or necessary, be prepared by the auditor, with, the advice of the county attorney, for t.ie approval of the commissioners, and the same shall be executed by both parties.
Provider that bidder for contracts suciti file with proper officer an affidavit that he has no* enured into a combination relative to pr»oe to be bid for such coutraet; if guilty of siitu emulsion h?ddcr forfeits contract,j [Sec. -13. Makes it the duty of the county ,a4id«tor to prepare blanks and furnish to ail persons entitled to use them far the purpose of carrying out the provisions of this act.j -5*4 4i- V.'her.ever, the audiL-r shall dravy a war i*nt for any claim, pursuant to this act. tie shall charge tne same agarhst the amount of i the appropriation Kla#‘ tcr such purpose. la case any ct&ihi shall curbnue materials or supplies or .labor for more than one officer- or instill to uon the same snail be divided and the dpcoper amount charged against tne fond appropriated for each officer or instil ijj Uon rtceiymg such matt rials or su w Sim*i..r tfppDrtianmeuls of charges shaH be rrntue in ad other cases, where ai.j j claim should be appoi noued Between amdrem appropriaftoes.. « fc-cb. *5. i.i any t axe where <money is Pandj out of the county t ausury contrary jhe piv v sions of this act. tne sartue | Oe i*covered by su,e i« ... • ii<u<.,e_eu SiatC oi fnibupu, t.a the italtiJU i.f c ard t.f eV-iMmi s.ar.e-rs ot to- county just the o»u-.vt * r oiiiivis g. a* Tally .iap tr.es .'<u. d:* aguu.vt t»»e jpets. a r.-c; u ;* funds, t>r iro'ta. ia cvai.a;.v.J„t'is'i. :tu,, fa.i to Uniti suit, u:.i c-.t it-ii or t;i:.- . ivdcer .hit ty *• e... s uetuaud ma p upon said coi*0. rs that such st.it :«• instituted, ar.ei. upon the failure! or ttfusui of such c 'inin .a oheisi to oeuifi>ij: v.Ua seen li. nur t. .u«tiu:te siS-h sci4 *n >..e .pc of the sat*e of indiaiui, on {.as own 'tidal,at, f •• a. - • c,»c..t ta , . .la ; -y sic h suit, whether ae >n,of the c* may ey u Zcnjcr u..e,.. yer, there be. i.vered in i-.tntu-i, «.* the amatu.t ci ®-u;,: pam outj 11- tne treat'*.:*> i.i l of t ,.s ail' in suit .in vioisju^.i tnt*test a. the rate of s«x’ u-t'r eeut. iin.uin, a. d tne just attori cv's'fets necessary espouses Ot t;u phu-daf hi Lrap iag and prost-cutio i of Said to ©e determined by u ... ^ a^c. id. i tie board or cornu} cbirimfssioners, at its nrst stssion in et try year, make r. fair and accurate ,atement °t ji-.e receipts sum experatitnr s; of tf.e hsM^tding f.'tndar year, and si *^i cause tno! same *•• i e , jstt-u up at rie court «ocr and at two other pis kn the ie*u put i sited once i: eaeUSBof ue.vspa ers of sue i riuiuTy. th.rc be- representing re pec lively t.vo pj.tucai parties casting Ute nighfu ?U2a;tr of votes in such ounty^at last preceding general elect; re and it iii be ua.aiYfui for the bo fir sivhicio to pay for puni: of com ititer said :! * . * » 1“Kr * ■* Suit stak* tnenc in more than two m espapers Fixes rate to be pa . at $1 per last inserti coats for eacn additional itner i for adti. and 50 It of 250 cf ifi Provides for the councdtr.en by the cireu •j>i « until their Uuctesror ' ointment eoitrt to lire e:ect1 c.tncies.l act reedjar.d quail *ed and far rilling at e. The provisions of tl tiujin .c app: prHitior.s to be mvk by the cojmty cue licit aim prohibitin' Warrants u,.bn the county treasury be ' g drawn orj money paid i*.erea;> mi. pxc pt pursuanjt i*. ; ftp.propn.i; s. sh d be com stltud f» ipp.y o.*u.v ip w rrants so drkvyn rr nutney so paid c-n-.tm. after the tirfet’dayor th> »tst calendaryei * for which apke .. • .,.s **ar i.:t-vo leer made bv s*r‘p -r ’ f .i^ pur-iv.nt to the provisions ofitris net: and s *«h’ not he c rstreed to ptjKMit . iie drawn 6i war re- is or payment i>f r.ic ;;,y in the m :> ,tor • pursuant autl’ority «*f law other th.Pr this act. d f-P . tw' ra r*h:e-n nr® rthis act ted in tne county c puic.l. b iP hv other ar •. 5I1.I I;,* .5 tw lH. ,ved' by er b'« i s f.r oK;.*. rs. shall -..ntinue to antnor.rc«i until sttc.i t r.:c a* the |ur.*il n: r f,t.j.**d to have be.*., a;.,m uted e: a an<4 ttuaiincd under the. prohtons c:f this ;■ t. Sec. i-X Jfcii'vid s that th * beard o“ nty commission rs' rer.tt • r se»Si0rs giruin^ on^x-.e first 3don 1 y, cf each r*h. ar.d ccr.tmthug only so iong as the !:*rv busimiFs Of such s; s;on ahso;e*y requires. The county < omml^iloni serving under this act s :all receive fqr their services, the compel sation now of hereafter fixed by law.J^ec. 51. in ail cases wher. • bv law a notice, report or statement of any kind required tc be puMished for the cost of fieation of which the county is liable all be unlawful for the board of comioners to allow or pay fo • publishing same in more than one newspaper unless said publication is expressly required by law to be published in more than one newspaper. And in no case shall •jhy .publication be made or paid for in Wore than two newspapers in the same cfcunty. 'Any member of the board of cdmmissior.ers violating any of the provisions of this section shall be fined in afty sum not less than $50 nop more than [Sec. 52. Repeals all conflicting laws.]
TOWNSHIP BILL. Senate Bill No. SI—New: An Act1 Concernin« Township Business, f Sect Ion 1. Provides for the creation of - a township advisory board of three members; provides for tilling vacancies, and requires annual meetings, and says: “At such meeting the board shall consider the various estimates of township ex-! penditures proposed by the township trustee. and shall have power to concur in such estimates, or in any part thereof 1 or to reject any proposed item, in whole or in part. Any existing indebtedness need not be' paid until due. And the advisory board at the' first annual meeting may apportion the payment of any existing indebtedness other than to the county or for current expenses for a named term not exceeding live years. When they shall have determined upon the estimates and amounts for which taxes should be levied upon the property and polls within said. township for the ensuingjrear. they shall then determine and Bx the rates of taxation upon such property and polls hr. to the estimated purposes severally. The rates so determined by such board tney shall then cdytify to the county auditor, who s^ali place the same upon the tax duplicate and the same shall be collected and enforced as prescribed by law. The rates so prescribed snail-be deemed a levy and lien upon the property of such township from and after the first day in Abril of such year, and such levy shall be deemed an appropriation for the R&ecifie put poses for which such esti
Bates are fixed. Said board shall keet a record of their proceeding in a serrate book to be furnished sucn trus- *«*• k£P* ** ? part ^Spt'^reeords of the township, to be known as the record of the adtamrv board of A township, *Bd to remain in_the custody of the chairman of such board. Said board shall eject one of its members secretary for said board, who shall record the^proceedlngs thereof at any meeting, in foil, under the direction of the board, which shall bo signed before , the bonrd adjourns. Anv *“*y adjourn from day to day business ,ls rowptate*? ISec. 1 Provides 'tha^ffiEMjrers may sktend meetings of the board.] truswec sihaa *t »*a#t thirty (30) days, and ncd mo*» than forty th df^** tb® annual meeting of the advisory board.- In .each •Vtsir, pest at or near the door of at] posfotfieee in the township a statement oFtfc* £ver£t «” J"**1** and amounts of the proposed an^xpendi!ures ,Hnd of taxap5.<^»*>d tot levy against the prop2rlti,n, 9°®h township; for the several funds to be expendcl for his town*hiP during the calendar *£§& and also of such notice shall fee published " IN lss“e P«nte4 in the first (1^ ot Auptl8t each year in the two leading newspapers published in the county, representing the two political parties casting the highest number of I°***i? such county at the last preceding general election, and one pubdcaUon in j?“bU*hed in the township inifthere be a paper published Th® cVst of sudh publication ,n<* exceed two dollars In arty one year to any one paper, and the cost of necessary copies for posting and delivery 1* .t^Nasfi shall not eteeefifl.50 in any one year. And he shad furnish within like perioos to each of the members of the •£*3»* board a statement of such estirnates and amounts. > T [Here follows blank form;] ^ The trustee Shalt procure and lay before m * *dvlso/y board at the: annual meotlng thereof, the assessed valuation of the taxable property of .the township for such year.-and also the number of taxable polls. In such township. - [Sec£t. Requirs trustee* to attend meet ngs SLwv** WSfitfi’di an itemized estimate for all cxocnditure^ptny nature whatever, and specify number of teachers embridge and road work and supp-ifcs furnished justice of ] (Sees 6. Provides for compensatica ol board not to exceed *» per annum.) 5 Provides ftt eh&ed meetings of the board, the call to stipulate what business m to be transncte*|a^ [Sec. i. Requires township trustees to keep in a financial record; an itemised account of the financial Sff&irs of tii» township in a form of hooky adopted by the auditor of state.] WM- . S*®; settlement with the boa id.—The trustee shall present to the advisory board at the annual meetings thereof, compiete reports of all of the receipts and expenditures of his office si ne'e the last annual meeting, ^tth the oalances to the credit of each fund under hU charge; and if he has anymoneyfrom any^ source in his hands. Vir-unde? his control, which is not Included. In any particular fund as shown in such ; epurt, then he must state all the facts concerning such moneys in his -f%Pi t. Each item of expenditure shah be acco-tva:,, d by the ^verified receipt of the ’vei.-<in to whom the sum evidenced, thereby has been paid. ..-stating purtie.daily for want article or service the ,;>ajtaeHt has brtn mane; that the sum receipted for is the exact sum received and that no part thereof has been retained byvor returned to or has been agreed, directly or Indirectly to be returned to me Trustee, or to any other person, and the trustee is empowered'lo administer oaths to the persons giving such rece>P*s. Thereport so presented shall be verified by the oath of theitostee, showing that the sums with whicii he is Charged in said- report are alt of the sums received, by him. and that, ,, the various items of expenditure credit Vd have been fully pa.d in the sums state*], and without express or implied agreement that any portion thereof shall life retained fcy or repaid to him or to ahy. other person. And the trustee shall subscribe and take oath that he has received-jv© money not article of value in consideration of any contract made by him aavkuch trustee. The board shall consider and approve. in whole or in part, the report of the trustee so made, and any- stun appropriated and remaining in the hands of the trustee. unexpended, and for which no liability exists against the township, shall b-? deemed and credited in favor of the fund for which it was appropriated, and shall be considerered in the enabtag levy. Th« ex^ndHure of any fund, in. whole or in part, to any account for which it was not appropriated by * said brwrd, shall be deemed by the board a balance of such fund unexpended and in tb*.hands of the trustee, for ,which he shall be liable upon his bond. Any member of the board may administer oaths, and said board may send for persons, books and papers if necessary in such examinat§§gpof said report. and when the examination is closed they syiall enter of record their actioa thereon, specifically stating ktrvh parts ani items as may be altered or dtsaliowed. Such annual reports shall remain under the control of such boap®||pie Custody thereof to be held by the. chairman, and at any time shall be subject to Inspection by any taxpayer of the township. On the annual final settlemeat/beiro- made, the trustee shall, within fen i7T> days thereafter, file a copy of such rejiort as adopted by the board, with the accompanying vouchers in thei^fice of the oounty auditor to be preserved, and upon failure the trustee shall forfeit five (So.lWj dollars per day for each day until so Hied, to be collected by suit ofifhe board for the benefit of the township;^ In case the term of the trustee shall ^expire. or be shall resign or die, then be. or his administrator. shall at ©nee make final settlement with the board.
nece, of yea a trustee unos/u necessary to erect a new school house, he sttall procure suitable specifications tiv.irbfor, to be used by the bidders ip\ bidding anu in the construction cf said' house, It n* desires to purchase any schbot furniture, fixtures, maps, charts life other schoo; supplies, excepting fuel, rap-literary periodicals in such amounts- as may b< year, he shall make ah e^jinSte «£ the authorized by the advisory board, in an1* kinds and amounts. itemthSi: particularly to be used by bidders tbviRfar. If It ii necessary to make repairbJia or about the school houses other than current 01 incidental repairs, he shall-likewise make an itemized statement of vtbe nature anu character of the work to be made for the use of bidders. He sh&UMtYci&e manner,1 make a schedule of such work as mv be ""“ary in the re;»air ribbons tructlor iges in his township?for anv one All contracts shall be let. after notice given, by posting foryibtee dSt weeks in five to) of the most, public places in the township, and also at ofvfeear the t’oor of each postoffice therein, “Stating briefly the buildings, repairs or supplies sought to be let, and when amt where ^ids will be received and opened tkbreforj and it the contemplated expcntli;twEesan?any one class shall be five hundred i$ito> dollars or more, he shall post notices as aforesaid. and also publish notice thereof for one (1) time in two leadfi$fe newspapers published in the county representing the two political parties casting the highest number of votes in such county at the last preceding general.election: Provided That one of such publications shaii be made in a newspaper published in the township interested, if there be a newspaper published therein. The advisory board shall attend the letting. At the letting ail the work or supplies in anv one class shall be iuciudpeltbnd let in a single contract. All bids sfeah •«S* »» w riting and be opened and -jfwSfc publicly at the time and place fixed, in the notice. The trustee may t«ke time to examine and satisfy, himself ahyli^V-#Uich is the lowest and best bid. and shall advise with the advisory board thereon; and said beard is hereby enrjr.wereo to -reject any and all bids. The trustee Shaii endorse on the bids whether rejected or accept d and preserve the same. When a bid accepted, a proper contract shall then . reduced to-writing for sufflfe buiidmg. nairs or supplies, as the case r.'.ay ^nd be signed by the successful bide r and the trustee, who shaii require tne bidder to give bond with security, to be approved by him. for the faithful’ execution of such contract. [Sec. 10. Provides township trustees shall receive for their Services the compensation now or hereafter nx->d be law.] Sec. 11. All contracts rasidk in violation of this «ct shall be null and void. [Sec. 12. Prov«.tes oi advisory board to serveSsmttl successors are elected ■ and .qualified. ? This town’tin reform bUlrifo’S :>•>■ *yi<*-al tlie la w of i 'tv't v-‘(*u»ring t :visi etitu ®ublisL their annual, c a.
