Rensselaer Republican, Volume 26, Number 24, Rensselaer, Jasper County, 8 February 1894 — The New Gravel Road Law. [ARTICLE]

The New Gravel Road Law.

FULL TEXT OF THE ACT UNDER WHICH THE GRAVEL ROAD PROPOSITION IS SOW PENDING. (Approved Mabch 3, 1893.) Section 1. Be it enacted by the General Assembly of the State of Indiana, That the County Commissioners of any county in this State when petitioned therefor by fifty (50) freeholders, citizens of any township or townships contiguous to each other, including therein any incorporated town or city of less than thirty thousand (30,000) inhabitants in such county wherein any road is to be improved by grading, graveling, paving with stone, or otherwise macadamized, shall submit to the voters of said township or townships, towns and cities through which said road or roads may pass or at which town or city they shall terminate, at any regular spring or fall election or at any special election which may be called by the Board of Commissioners when no spring or fall election is near at hand, giving at twenty days' notice in a newspaper of general circulation published in said county, if there be any, and by posting up written or printed notices thereof (which posted notices shall be sufficient in counties where no newspaper is published) in each voting precinct in said township or townships, town or city, the question of building such road or roads in such township or townships in such county. At such election each voter who is in favor of the construction of such road or roads shall inscribe on his ballot, “Building of road —Yes,” and each voter opposed thereto shall inscribe on his ballot, “Building of road —

No.” The vote on said question shall be certified by the proper officers of said election to the Boird of Commissioners of the county, and if at such election a majority of those voting on said question are in favor of building such road or roads, the Commissioners shall at once proceed to the construction of the same, but not otherwise: And provided, further, that after such petition shall be so filed by the fifty freeholders as aforesaid, and before the election upon such question shall be advertised, it shall be the duty of such Board of Commissioners to appoint a surveyor or engineer, or both, if necessary, of such county, if such there be in such county; if not, any that can be procured elsewhere in the State, and two disinterested freeholders of the county as viewers to locate and view such proposed road or roads, and determine the width of the same, make a profile of the grade, determine the quality and depth of gravel, stone or other material to be used, and make an estimate of tbe cost of the construction of said road or roads, including bridges, culverts, drainage and all things necessary for its completion, and said viewers shall at the next term of the Commissioners’ Court, report their proceedings as to location, length, plans, profiles, together with an estimated cost of said road or roads, which report shall be published in full in some newspaper of general circulation, published ju such county for at least four consecutive weeks preceding such election, and written or printed copies of the said report shall be posted in each of the voting precincts of said township or townships, and if there be no -newspaper published in said county, then the posted notices shall bh sufficient, and it shall be the duty of the Board of Commissioners to submit the question to the voters as above provided: Provided, farther, That in the petition of tix© fifty freeholders aforesaid the beginning and terminus "of such road or roads shall be clearly and definately stated, and the direction of the road, if to be a new road, reasonably described, and if an old road, its common name mentioned, together with its measured- or estimated length: Provided, further, That the petitioners shall pay all costs of election. Sec. 2. If two or more petitions are pending at the same time, they shall be voted upon at the same election, aud the ballots shall designate each road separately, and the same notice shall contain notices of all propositions to be voted on at the same election. Sec. 3. It shall be tbe duty of the Commissioners as soon as such returns have been made by the election officers in favor of such road or roads, to advertise in at least one newspaper of general circulation published in the coun- ■ . t in-

ty, if there be such, and one newspaper at the city of Indianapolis of general circulation throughout the State, and by posting notices at the principal towns or cities in the townships of the county, asking Tor bidsfor the const ruction of such road or roads, such bids to be received at a session, either regular or called, of said Board of Commissioners, and said Board shall let the same to the lowest responsible bidder or b : dders, but no contract shall be let for a bid higher than the estimates of the viewers. Sec. 4. Such bidders shall file with their bids respectively a good and sufficient bond in twice the sum of their bids, for the faithful performance of the work, such bond being made payable to the State in which roads are located, and the contract made with such successful bidder or bidders shall specify all the particulars of construction as set forth in the report of the viewers and also the time when such work shall be completed. ■ ■ : ■ Sec. 5. For the purpose of raising money to pay for such construction the Board of Commissioners shall issue the bonds of the county for the full amount of the contract in denominations not less than fifty dollars nor higher than five hundred dollars, each in five equal series, the first series payable in one year, the second series in two years, thfe third in three years, the fourth in four years and the fifth in live years from the fifteenth day of November after tlie, date of their issue. Said bonds bearing interest not higher than six per cent, per annum, and the interest thereon to be paid annually on the 15th day of November. The County treasurer shall sell such bonds at not; less thanftheir face value, and th§f proceeds shall be kept a 3 a separate and special fund to pay for the construction of -the—particular.

road or roads for which they were issued, ahd shall be paid by him to the contractor upon warrant of the Auditor as directed by the Board of Commissioners. The Commissioners shall order the same to be paid in such amounts aud at such times as they may agree, but no payment shall be made by the Commissioners for more than eighty per cent, of the engineer’s estimate of work done by the contractor, nor shall the whole amount of the contract be paid until the road shall have been received as completed by the Board of Commissioners. Sec. 6. For the purpose of raising money necessary to meet said bonds and interest thereon, the Board of Commissioners shall annually thereafter, at the time the geueral tax levy is made, levy a special tax upon the property of the township or townships, including the towns and cities, if any there be, of less than thirty thousand (30,000) inhabitants, in such manner as to meet the principal and interest of said bonds as they shall become due, and such tax shall be collected as other taxes, and shall be-applied to the payment of such bonds and interest. If the road or section thereof so constructed runs into or through two or more townships, the amount paid thereof shall be divided and charged upon the property of such townships in proportion to the cost of the road or section thereof in such townships, and said special tax be levied accordingly. Sec. 7. All roads built under this act shall be free of toll, and shall be kept in repair by the county in which they are located, and the towns and cities in such townships at which they terminate. And it shall be the duty of the Trustees of said townships to levy annually such a tax as will cover the expense of maintenance: Provided, That such levy shall not exceed ten cents upon each one hundred dollars in any year. Sec. 8. After the payment of the construction of such road or roads, should there be any Stirplus collected or due on delinquent tax for that purpose, it shall be paid to the Trustee of such township and by him kept and used as a fund for the maintenance of such roads in his township. Sec. 9. The compensation of persons employed under this act shall be, as to the two viewers, chain-carrier, rodman aud one marker, not to exceed two dollars per day and actual expeuses for time employed, aud tbe surveyor or engineer so employed shall not exceed three dollars and fifty cents for each day actually employed in the discharge of his dutv; all such expenses to be paid out of the gravel road repair fund of said county if not otherwise provided for by the Board of Commissioners. Sec. 10. It shall be the duty of the Board of Commissioners to appoint a competent superinten-