Page images
PDF
EPUB

Final order.

Division Into sections.

Contracts.

Separate lettings.

Contracts

for portions.

Improvement by successive sections.

Notice.

SEC. 11. After hearing objections, if the county road commissioners still deem the proposed improvement necessary for the benefit of the public welfare and convenience, they shall make their final order in writing, under their hands, determining that the proposed improvement shall be made according to the final specifications adopted by them, a copy of which specifications shall be attached to said order.

SEC. 12. The county road commissioners may divide the construction of the proposed improvement into one or more sections for letting, and may let contracts for the proposed improvement either by separate sections as determined by them, or may let all of said sections together in one contract. The county road commissioners may likewise let additional portions of any of the work in any section separately, such as the grading, draining, bridging, the final top coat of the highway, curbing, or any combination of the same, in separate contracts as they shall deem best. They may likewise receive bids, and let contracts for portions of the work proposed to be done either upon separate sections or different parts of the same section as aforesaid, according as the total cost thereof shall appear to be the cheaper.

SEC. 13. The county road commissioners may divide the proposed improvement into sections, not more than three for the purposes herein specified, only one of which sections are proposed to be improved the first year, the adjoining one the second year, and the last section the third year; or they may divide the proposed work into two sections, one to be improved one year, and the other the next year. In all cases where it shall be proposed to improve the highway petitioned for in two or three years, notice of such intention shall be given to the persons interested in the notice for the hearing of objections to the proposed improvement. Where such proposed improvement is divided and ordered constructed in different years as aforesaid, the county road commissioners Separate rolls. shall make a separate roll for each portion to be improved as ordered each year, and shall only levy for the portion to be built the first year, in the first roll, and for the portion to be built in the second year in the second roll, and for the portion to be built the third year in the third roll. The lands and townships and counties at large to be assessed for the building of the second or third portions shall not be assessed for the building of the first portion, unless the county road commissioners shall deem it equitable and just that the second or third portions, or both of them, should help pay for the first portion in addition to paying for its own portion. Thereafter, without further notice, the county road commissioners shall, the succeeding year, proceed to let the contract for the construction of the second portion, and the next year thereafter, the contract for the construction of the third portion, if it was divided into three 'portions. No further hearing or determination shall be necessary in order to let the contracts for the construction of the succeeding sections.

Assessment for building portions.

Successive contracts.

contracts.

They Rejection

of bids.

SEC. 14. On the making of the said final order, the county Letting road commissioners shall proceed to let the contract, or contracts for the construction of the proposed improvement to the lowest bidder or bidders, giving adequate security for the performance of the same in a sum to be fixed by the county road commissioners. The county road commissioners shall Notice. give notice of the letting of such contract or contracts by publishing notice thereof in some newspaper published and of general circulation in the county, at least once in each week, for two weeks, and may publish notice thereof, in other newspapers, if they shall deem the same advisable. may reserve the right to reject any and all bids. At such hearing to receive bids, or as soon thereafter as practicable, the county road commissioners shall enter into the necessary contracts for the construction of the proposed improvement with the persons whose bids shall be accepted by them and who shall have furnished the bonds required of them. The Bonds. commissioners may require a cash deposit with each bid, not Deposit required. exceeding one thousand dollars, from each bidder as an evidence of good faith on the part of the bidders and to reimburse the district, for the failure of the successful bidder to execute the contract and furnish the required bonds. The de- Return of posit of every bidder whose bid is rejected shall be returned to him forthwith, when his bid is rejected, or another bid accepted. In case the successful bidder shall not furnish the bonds required by him within ten days after the acceptance of his bid, then the county road commissioners may retain the Deposit one thousand dollars or sum deposited with them, as stipu lated damages for the non-execution of the contract, and proceed to advertise for, and let the job anew. In case the successful bidder furnished the bonds required of him, then the money that was deposited by him shall be returned to him. All moneys so received with bids shall be deposited with the Disposition county treasurer and credited to a fund for this improvement, and shall be repaid the successful bidders on the certificate Repayment. of the county road commissioners.

Assessment.

deposit.

retained.

of money.

installments.

SEC. 15. At the time of hearing objections to the pro- Annual posed improvement, if the county road commissioners shall determine to construct the same, they shall then and there determine the number of installments in which the money therefor shall be raised, which shall not be more than ten annual installments.

SEC. 16. At the time of hearing objections to the pro- District, when posed improvement, the county road commissioners shall determined. finally determine the special assessment district to be assessed for benefits on the construction of the proposed improvement, and shall not assess any lands therefor not included in said

error in

district.

Correction of district. If, at any time, error should be discovered in said district, as so determined, before the special assessment roll shall have been finally approved by the commissioners, and if, in the judgment of the county road commissioners further lands should be brought within such assessment district, the New hearing county road commissioners may give notice for a new hearing as to the limits of such assessment district, and bring in additional lands, as provided in the first instance.

on limits.

Apportionment of public cost.

Apportion

ment to lands benefited.

SEC. 17. The county road commissioners shall apportion the per cent of the total cost of construction of such improvement, which the county at large shall be liable to pay by reason of the benefit to the public convenience and welfare, and as a means of improving the highway, and shall apportion the per cent of the cost of the construction of such improvement for the same reasons that any township traversed or benefited thereby shall be liable to pay. They shall also apportion the per cent of benefits to accrue to any piece or parcel of land for the reasons aforesaid, by reason of the construction of such improvement over and above the per cent assessed against the county at large, and against the townships at large as aforesaid, which per cent of benefits shall be apportioned upon and assessed against the lands benefited, according to benefits received, and which apportionments they shall portionments. announce at the time and place of hearing objections to, and equalizing the apportionment of benefits. Such assessment of per cent for benefits shall thereupon be subject to review and correction, and may be reviewed in the manner herein provided. All appeals in this act provided for, shall be from the apportionment of the per cent of benefits. The county road commissioners shall apportion not less than fifty per cent nor more than seventy-five per cent of the total cost of the Assessment to improvement to the road assessment district, and the remainder to the county and townships. The county road commissioners shall designate each assessment district by number, by which number it shall thereafter be known.

Announce

ment of ap

Review of assessments.

Appeals.

district, etc.

Districts numbered.

Review of roll.

Notice.

SEC. 18. On the completion of the roll, apportioning the per cent of benefits to be paid by the respective parties and municipalities, the county road commissioners shall give notice by advertising and posting, of a review of said roll. Notice of such hearing shall be given by publishing a notice thereof, at least two insertions, at least ten days prior to such hearing, in some newspaper published and of general circulation in the county, if there is one. If there is no such newspaper within the county, then the publishing of such notice will not be necessary. The county road commissioners shall also give notice of such hearing by posting notices thereof, in five conspicuous and public places in each township where the special assessment district is located, at least ten days prior to such hearing. They shall also serve notice of township and such hearing upon each township to be assessed, and upon the county, at least ten days prior to such hearing. Such

Service on

county.

notice may be served upon the clerks of the county or townships, respectively, as notice to such county or townships.

of apportion

of hearing.

SEC. 19. At such hearing, the said county road commis- Equalization sioners shall appear, and hear all objections to the pro- ments. posed apportionment of benefits, and equalize the same, and may make such changes and corrections in such rolls as they shall deem just and equitable. Such hearing may be ad- Adjournment journed from time to time as may be necessary in the judgment of the county road commissioners. After hearing objections, the county road commissioners shall sign and ap- Approval of prove such apportionment of benefits roll, and shall file a ments. copy thereof with the county clerk of the county, and with the township clerk of each township within which the improvement is located, or within which any lands assessed a per cent of benefits therefor are situate, or where any township at large is to be assessed a per cent of benefits on such improvement.

apportion

rolls for

SEC. 20. In case the proposed improvement is divided in- Successive to sections, for letting in separate years, as heretofore pro- sections. vided, then this roll shall be for the first section only, and a new roll shall be prepared each succeeding year for each succeeding section. In each case the hearing hereinafter pro- Hearings. vided upon the equalization of the apportionment of benefits shall be had for each of such succeeding assessment rolls.

expenses to

SEC. 21. If the rolls are made before the contracts for the Contingent construction of the improvement are let, the total amount of be added. such rolls shall be the estimates heretofore referred to, to which estimates the county road commissioners shall add ten per cent additional to cover contingent expenses. If the rolls are not made until after the letting of the contracts for the improvement, the county road commissioners shall take the contract price for such improvement, to which they shall add the incidental expenses to the time of making the roll, and to this total they shall add ten per cent additional to cover contingent expenses. Such rolls shall show the Rolls to show total sums, exclusive of interest, which shall be paid by the county, the townships at large, and the lands benefited.

total sum.

ment roll

SEC. 22. After the time for appeal from said roll has ex- When assesspired, or after an appeal shall have been decided, the county made. road commissioners shall then prepare a tax assessment roll for the first year, for the collection of taxes, and shall certify Certification. the same to the several township boards, and to the county clerk of the county, on or before the first day of the annual

meeting of the boards of supervisors; and the several boards Collection. of supervisors shall order such taxes collected at the same time with county, State and township taxes. Such special taxes shall be collected at the same time as State, county and township taxes are collected, and by the same officers, who shall have all the powers to collect the same that they may

Law applicable.

Division of roll into parts.

Rolls for successive years.

Interest charges.

Rate of interest.

have to collect State, county and township taxes. All provisions of law with respect to the collection of said county, State and township taxes, shall apply to these special taxes.

SEC. 23. Exclusive of interest, the roll for the total cost of such improvement shall be divided into as many equal parts as the county road commissioners have theretofore determined the number of years in which the total assessment was to be paid. The roll prepared for the first year's collection shall not contain any interest charges; the roll for the next year shall contain an interest charge of six per cent upon the whole amount unpaid; and each succeeding roll shall likewise contain an interest charge of six per cent for the whole amount unpaid for the preceding year. Any taxpayer may pay his full tax at any time, and save interest thereon so far forth.

SEC. 24. After the first installment of the assessment aforesaid, the succeeding annual installments of all taxes and moneys to be paid shall draw interest at the rate of six per cent per annum. The commissioners shall prepare their successive annual tax rolls or assessments in proper time each year. After the first installment, the rolls for the successive installments shall be delivered to the county and township clerks, as heretofore provided, and collected in the same manner as State, county, and township taxes are No hearings on collected, as heretofore provided. No hearing of objections shall be deemed necessary in the case of the several installment rolls.

How rolls collected.

installments.

Disposition of moneys collected.

SEC. 25. The moneys collected on account of such improvement shall be paid over to the county treasurer, and placed to the credit of this road district. The boards of supervisors at their annual fall meeting, shall order raised upon the county at large, the sums made payable by the Sums payable County each year, which sums shall be spread upon the assessment rolls for the State and county taxes, together with those taxes, but in separate columns.

by county, how paid.

Anticipation of proceeds.

Interest on loans.

Bonds or notes.

To be sold at par.

SEC. 26. As soon as the original assessment roll for the collection of taxes for such improvement has been finally confirmed by the county road commissioners, they may anticipate the proceeds of such roll, and borrow money thereon, not to exceed the contract price for such improvement, and not exceeding the amount to be raised or collected on such roll. They shall not pay more than six per cent interest on money so borrowed, which shall become due and payable as the various annual assessments become due and payable. The county road commissioners shall pledge the faith and credit of the assessment district, and of the county at large, in proportion as each has been assessed for benefits for the payment of such money so borrowed, which may be evidenced by bonds or notes of the county road commissioners, given therefor. Such bonds or notes of indebtedness shall not be sold at less than par; and the county road commissioners

« PreviousContinue »