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added by act number one hundred twenty-five of the Public Acts of nineteen hundred seventeen, are hereby amended to read as follows:

SEC. 4. Whenever the owners of more than sixty per cent Application of the lineal frontage of lands fronting or touching upon any ments, where for improvehighway or portion thereof, desire to improve such highway made." or portion thereof, they may file application for such improvement to the county road commissioners of the county in which such highway is situated, unless the road to be improved is a part of a trunk line road, if said county has adopted and is operating under the provisions of chapter four of the general highway law and amendments thereto, or under the provisions of any other law of the State providing for a county road system. When such highway or portion thereof is situated in a county not subject to the provisions of the county road system, so-called, or when such road or portion thereof or the assessment district hereinafter provided for to be created because of such improvement shall lie in more than one county, or if the road to be improved is a part of a trunk line road, the application aforesaid shall be presented to the State Highway Commissioner. The eligibility of signers to Eligibility any application hereby authorized shall be determined by of signers, their interest of record in the office of the register of deeds determined. or in the probate court of the county in which such lands are situated, at the time the petition is presented to the county road commissioners or to the State Highway Commissione.

how

as the case may be. In determining the sufficiency of any Lands not petition presented hereunder, land owned by the State front considered. ing on the highway to be improved shall not be considered, if the board of control of the institution in cases where said property is owned by the State institution, or the Public Domain Commission in all other cases, shall file with the board of county road commissioners, or the State Highway Commissioner, as the case may be, written consent to the making of said improvement.

improvement

Any petition presented to the State Highway Commissioner Petition for hereunder calling for the improvement of intra-county road, of intraother than a portion of the trunk line intra-county road, county road. affecting one county only, shall, if such county subsequently adopt a county road system before any action is taken under said petition, be turned over to the board of county road commissioners of such county who shall proceed therewith in the same manner as if petition had been presented to them in the first instance. If work has actually been begun by the State Procedure. Highway Commissioner in any such case he may in his discretion turn the matter of continuing and completing the improvement over to the board of county road commissioners together with all papers, maps, data, et cetera, affecting or concerning the same, and thereupon said board of county road commissioners shall be deemed to be vested with full

Proviso,

transfer of petition.

commissioner.

authority to continue the work and complete the same: Provided further, That if the road desired to be improved is of such character or description that a portion of the expense of such improvement may properly be borne by the State or by the United States under the provisions of any State or federal law, the application, if presented to the board of county road commissioners, may, with the consent of the State Highway Authority of Commissioner, be transmitted to him for action thereon. Any petition for the improvement of such a road so received by the State Highway Commissioner or presented to him in the first instance under the provisions of this act shall be deemed to confer full authority to cause the improvement to be made in the manner required by such State or federal law, in order that the proper proportion of the expense thereof may be met Proportion of accordingly. In any such case notwithstanding any of the provisions of this act, the State Highway Commissioner shall cause to be assessed, raised and collected under the provisions of this act such proportion only of the total cost of the improvement as may be required to be borne by the assessment district and by the municipalities that may be liable in accordance herewith, it being the intent of this proviso that roads improved hereunder may receive assistance from the State or from the United States in accordance with the terms of the acts above referred to.

total cost,

by whom collected.

One or more contracts.

Additional portions.

Bids.

Assigning of contract.

Notice, how given.

SEC. 12. The county road commissioners or the State Highway Commissioner 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 or the State Highway Commissioner 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. In any case where the improvement is carried on by the State Highway Commissioner under the provisions of this act, the county or the township in which such road or any part thereof is situated may bid on the same and may be given the contract therefor.

SEC. 14. On the making of the said final order, the county road commissioners or the State Highway Commissioner 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 or the State Highway Commissioner. The county road commissioners or the State Highway Commissioner shall give notice

contracts.

to accompany bids.

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 (at least ten days prior to the day of such letting), and may publish notice thereof, in other newspapers, if they shall deem the same advisable. They may reserve the right to Right to reject any and all bids. After the bids have been received or reject bids. as soon thereafter as practicable, the county road commissioners or the State Highway Commissioner shall enter into the necessary contracts for the construction of the proposed Execution of improvement with the persons whose bids shall be accepted by them and who shall have furnished the bonds required of them. A cash deposit in such amount as the commissioners Cash deposit or commissioner may deem reasonable, may be required with each bid as an evidence of good faith and to reimburse the district in the event of failure on the part of the successful bidder to execute the necessary contracts or to furnish the required bonds. The deposit of every bidder whose bid is Return of. rejected shall be returned to him forthwith, when his bid is rejected, or another bid accepted. In case the successful bid. Forfeiture of. der shall not execute the proper contracts or furnish the bonds required of him within ten days after the acceptance of his bid, then the county road commissioners or the State Highway Commissioner may retain the sum deposited as stipulated damages for the non-execution of the contract, and proceed to advertise for, and let the job anew. In case the Deposit of successful bidder furnished the bonds required of him and bidder. executed the required contracts, then the money that was deposited by him shall be returned to him. Any money for Disposition feited in the manner hereinbefore provided, shall be deposited with the treasurer of the county in which said special assessment district lies or the county in which the greater part of such district lies, to the credit thereof to be used for the purposes of this act.

successful

of forfeited

funds.

Apportion

ment of cost,

by whom

made.

SEC. 17. The county road commissioners or the State Highway Commissioner 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: Provided, however, That no tax shall Proviso. be apportioned against any county hereunder that is not operating under the county road system: Provided further, Further That in case of the improvement of any road hereunder in a county that is not operating under a county road system, the State Highway Commissioner may assess against any city, the public convenience and welfare of which is benefited by when. the said improvement, its just proportion of the cost of the

proviso.

Cities may be assessed,

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Apportionment of benefits to accrue.

Assessment.

Subject to review.

Appeals.

assessment.

same.

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 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 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 Lands liable to cent of benefits. Any State lands benefited by any such improvement shall be liable to assessment in the same manAmount to be ner as are privately owned lands. The amount of any assessment on State land shall be certified by the board of county road commissioners, or by the State Highway Commissioner, as the case may be, to the Auditor General who shall thereupon draw his warrant on the State Treasurer for the amount due. Payment thereof shall be made out of any funds in the State treasury appropriated therefor. In any case where such assessment is imposed by the board of county road commissioners, the State shall have the same right of appeal as is herein given to owners of other lands. The county road comdistrict to be missioners or the State Highway Commissioner shall desig nate each assessment district by number, by which number it shall thereafter be known.

certified.

Manner of payment. Right of appeal.

Assessment

known by

number.

Notice of review, how given.

Hearing on objections.

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 or the State Highway Commissioner 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 or the State Highway Commissioner 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, within the limits of said district at least ten days prior to such hearing. They shall also serve notice of such hearing upon each township or city to be assessed, and upon the county in case the same is operating under the county road system, at least ten days prior to such hearing. Such notice may be served upon the clerks of the county or townships, respectively, as notice to such county or townships.

SEC. 19. At such review the said county road commissioners or the State Highway Commissioner shall appear and

hear all objections to the proposed 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 adjourned from time to time as may be Adjournment. necessary in the judgment of the county road commissioners or the State Highway Commissioner, by giving legal notice of the time and place. After hearing objections, the county Copy of, road commissioners or the State Highway Commissioner shall sign and approve such apportionment of benefits roll, and shall file a 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

filed.

with city

on such improvement. In any case where a city is liable to When filed an assessment at large on account of such improvement a clerk. copy of the roll aforesaid shall be filed with the clerk of said city and shall be by said clerk placed before the legislative body of the city at the next meeting thereof.

expenses.

of contracts.

SEC. 21. If the rolls are made before the contracts for the Contingent construction of the improvement are let the total amount of such rolls shall be the estimates heretofore referred to, to which estimates the county road commissioners or the State Highway Commissioner shall add such further sum, not exceeding ten per cent, as shall be deemed necessary to cover contingent expenses. If the rolls are not made until after the After letting letting of the contracts for the improvement, the county road commissioners or the State Highway Commissioner 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 such further sum, not exceeding ten per cent, as shall be deemed necessary to cover contingent expenses. Such rolls shall show the total sums exclusive of interest, Rolls, what which shall be paid by the county, the townships at large, and the lands benefited, and also the sums that may be payable hereunder by any cities assessed at large.

to show.

ment roll.

SEC. 22. After the time for appeal from said roll has Tax assessexpired, or after an appeal shall have been decided, the county road commissioners or the State Highway Commissioner shall then prepare a tax assessment roll for the first year, for the collection of taxes and shall certify the same to the several township boards, to the legislative body of any city assessed at large, 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 of supervisors shall order such taxes collected at the same time, and in the same manner as are county, State 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. Said board of supervisors shall also order spread on the county at large, such sum, if any, as is apportioned thereto, which sum

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