Board of county road commission Chairman. Administrative only. Proviso. Superintend ment of. townships, which bill shall be paid upon the warrant of such officers and the amount thereof returned to the State Treasurer to be credited to the highway fund, and the supervisor shall include the amount, or their pro rata share thereof, in the next regular tax roll. CHAPTER IV. SEC. 9. A majority of the members of the board of county road commissioners shall constitute a quorum for the transers; quorum. action of business, but a less number may adjourn from time to time. The board may adopt such rules and regulations for calling and holding meetings and for the transaction of business as they may deem best. They shall annually appoint one of their number chairman to hold during the pleasure of the board. The board of county road commissioners shall act as an administrative board only: Provided, however, That nothing in this act shall interfere with the work of the commissioners during their present term of office. They shall ent, appoint appoint a competent superintendent, skilled in road building, who may or may not be an engineer who shall under the direction of the board supervise all road building operations in the county. Such board shall be known as the board of county road commissioners of the county of ..... and by that name may sue and be sued. Process may be served on County clerk. the chairman or clerk of the board. The clerk of the county shall be clerk of the board of county road commissioners, and shall keep the records and accounts of the board, and preserve its files in a manner directed by the board: Provided, however, That when, in the opinion of the board of county road commissioners, the work is of sufficient volume to require the services of an extra deputy county clerk, the salary of such clerk may be paid by the board of county road commissioners from the county road funds. Board, how known. Proviso, extra deputy county clerk. Map of pro Proviso, approval of change. State reward roads to be taken over as SEC. 18. In case State reward is to be applied for, the posed roads.. board of county road commissioners shall file with the State Highway Commissioner for his approval, a map of the county showing the location of the proposed system of county roads: Provided, however, That this proposed system may be changed if approved by the State Highway Commissioner. All State rewarded roads composing a part of this system shall be taken over as county roads by the board of county road commissioners, and any road heretofore laid out, or any part thereof, shall become county roads if the board of county road commissioners shall at any time so determine, and in passing through or on the line between townships or incorporated villages or cities any streets or parts of streets of such village or city may be adopted as a county road, with the consent of the proper authorities of such city or cities, village or villages: Provided, That no street shall be taken over and constituted as a county road which was not a regu county roads, when. Streets of village or city. Further proviso. 209 improvement. Further pro ment by city viso, improveor village. termination. termination. larly laid out and main traveled road before the incorporation of such village or city: Provided further, That where any Further prostreet or part of a street is taken over in passing through or viso, limit of on the line between a township and an incorporated village or city, no county road funds shall be expended for the improvement of any such street or part of a street of such village or city to a greater width than twenty feet, nor with material more expensive than concrete or brick: Provided further, That where any such street shall be taken over as a county road and is improved as such, city and village authorities shall have the right to further improve such road by surfacing the same outside the portion thereof constructed by the county and by the addition of gutters, curbs, sidewalks, and other improvements, and to provide for the care and maintenance of such improvements and to levy and colThe vote of the county road com- Vote on delect taxes for the same. missioners in respect to such determination shall be taken by yeas and nays, and shall be entered at large on the records of the said board of county road commissioners. Notice of such Notice of de determination shall be forthwith given by the clerk or the highway commissioner of each township and the highway authorities of each city or village in which said road or any part thereof is situated and published in some newspaper printed and circulated in the county, once in each week for three successive weeks: Provided further, In case there is no established printing office within the county, the said clerk, or the highway commissioners may advertise in a newspaper published in an adjoining county. Proof of such service and publication may be made by affidavit by any person knowing service, etc. Such affidavit or the the facts, and be filed with the clerk. record thereof, or certified copy of such affidavit or record After service Control of shall be prima facie evidence of its contents. and publication of such notice, the board of county road road. commissioners shall have sole and exclusive jurisdiction and control of such road so embraced within such determination, and the township or municipality within which the same is situated shall be relieved from all responsibility therefor. Immediately after laying out or taking control of a road said Name of board shall give the same a name by which it shall afterwards road. be known in its proceedings. The board of county road com- Abandonment missioners of any county which has adopted the county road of road. system, is hereby authorized and empowered to, at any time, abandon and discontinue any county road, or any part Further proviso, outside publication. Proof of thereof, by a majority vote. The vote of the county road Proceedings. commissioners in respect to such abandonment and discontinuance shall be taken and entered, and notice thereof be given, in the same manner as required in this section, in cases in which county roads are adopted. After proceedings Reversion to to discontinue and abandon have been had, the jurisdiction in municipality control of such road shall revert to the township or municipality within which the same is situated which, prior to the or township. Commission ers may etc. Proviso, Plans, etc., who to furnish. Authority of commissioners. Action for injury to road. time of its adoption as a county road, had jurisdiction and control thereof, and the county shall be relieved of the responsibility therefor. SEC. 19. Said board of county road commissioners shall grade, drain, have authority to grade, drain, construct, gravel, shale or macadamize any road under its control, or to place thereon any form of improvement which in its judgment may be best, and extend and enlarge such improvements; it shall have Bridges, etc. authority to construct bridges and culverts on the line of such road, and to repair and maintain the said roads, bridges, and culverts; and further that such commissioners shall take over, construct and maintain all bridges included in the proposed system of county roads provided in section eighteen of this act: Provided, however, That this shall not apply to bridges which may be lawfully taken over for construction and maintenance in whole or in part by the State. The construction, improvement and maintenance of said roads, bridges and culverts, shall be in accordance with plans and specifications furnished by the county highway engineer, who shall have such supervision of construction as will insure that the plans and specifications are strictly followed. The commissioners shall have all the authority in respect to such roads, bridges and culverts which is vested in highway officers in townships, including the right to condemn gravel for road purposes and to petition the county drain commissioner for an outlet drain as provided in section eight, chapter fifteen of this act. Said board of county road commissioners may maintain in its own name an action for an injury to any county road or to any part of the whole width thereof as laid out and established, or to any of the improvements thereon. All moneys recovered in any such action shall be paid to the county treasurer, and be credited to the county road fund. In all cases involving the building, etc. expenditure of an amount greater than five hundred dollars for the building, rebuilding or repairing of roads or bridges, the board of county road commissioners shall advertise for sealed proposals for such work. When roads of classes "E,” "F" or "G" are to be constructed or improved bids shall be advertised for and received on each of said types of construction. The board shall have the right to reject any and all bids, and may do the work by day labor, purchasing the necessary materials and employing the labor therefor: Provided, however, In case the board shall decide to do the work by day labor, the plans and specifications together with all bids received thereon, and the reason, in writing, for not letting the job by contract, shall be filed in the office of the Further pro- County clerk: Provided further, That if a bridge is to be repaired or built at a cost greater than five hundred dollars, the county road commissioners may apply to the State Highway Commissioner, who shall assign a competent engineer to review and report on plans that may have been prepared by the county highway engineer, or decide as to the merits of Sealed proposals for May reject, etc. Proviso, day labor. viso, State engineer. the several plans on which tenders may have been received before the contract was let, and pass on the completed structure before the contractor for the same shall be paid. CHAPTER V. of maintenance. When road reward may be refused. SEC. 12. It shall be the duty of the road officials of every Patrol system county, good roads district or township in which State rewarded roads have been built, or which now have roads paid for in whole or in part by the State, to organize an adequate, efficient and continuous patrol system of maintenance for all such roads, which system must be approved by the State Highway Commissioner, in order to make such county, good roads district or township eligible to any further State reward; and counties, good roads districts, or townships which have not heretofore, but may hereafter build State rewarded roads, shall organize such patrol system of maintenance before any State reward is paid to such county, good roads district or township. The State Highway Commissioner is hereby given authority to refuse to grant any further road reward to any township, good roads district or county that has been rewarded by the State which does not keep its State reward roads in proper repair and which neglects or refuses to organize for patrol maintenance as herein provided but upon his refusal to any township, good roads district or county for an allotment of State reward, it shall be the commissioner's duty to inform the proper officials of Duty of the repairs necessary and the maintenance organization commissioner. required to place it in a position to again be eligible to receive State reward, and if these repairs are made satisfactory to the commissioner and such maintenance organization provided he shall reinstate it to the eligible list. Should Failure to the township, good roads district or county fail to make the repairs or to organize the maintenance system ordered by the State Highway Commissioner within a reasonable time after being so ordered, then the State Highway Commissioner shall cause such repairs to be made and such patrol system of maintenance to be organized, and pay for them out of the reward money earned by such township, good roads district Payment. or county, and it shall then become eligible to receive further State reward. Any balance remaining due to such township, good roads district or county after payment for such repairs shall be paid to such township, good roads district or county. If no reward is due said county, good roads district or town- In case no ship, then the State Highway Commissioner shall have reward due. authority to make the necessary repairs and organize the patrol maintenance system herein provided and pay for same out of the highway fund and render a bill for same to the proper officers of said county, good roads district or township, which bill shall be paid upon the warrant of such officers, and the amount thereof returned to the State Treas make repairs. from money earned. Annual maintenance reward. Proviso, limit to reward per mile. Further proviso. Bridges 30 feet clear span. to be constructed. urer to be credited to the highway fund and the supervisor shall include the amount in the next regular tax roll. SEC. 16. Any county, good roads district or township that shall maintain its roads in accordance with specifications prepared by or approved by the State Highway Commissioner, shall be entitled to an annual maintenance reward equal to six per centum of the total State reward previously paid to such county, good roads district or township not counting any roads that may have been accepted for State reward during the current fiscal year: Provided, That no mile of road shall be entitled to more than one hundred dollars maintenance reward in any one year: Provided further, That no maintenance reward, as provided in this section, shall be paid on roads which may hereafter be taken over and constructed, improved or maintained under the direction, supervision and control of the State Highway Commissioner. SEC. 17. The State Highway Commissioner is hereby greater than authorized to enter into contract with counties, good roads districts or townships for the construction and maintenance of all bridges greater than thirty feet clear span on State Proviso, when rewarded roads: Provided, That no bridges shall be conbridges not structed until the county, good roads district or township shall have built or has funds available for, and agrees to construct, within one year after the completion of such bridge, Further pro at least three miles of road including the bridge site: Provided further, That in no case shall the State be required to pay more than one-half the cost of any bridge except as provided for in act number three hundred thirty-four of the Public Acts of nineteen hundred thirteen, as amended. viso, one-half cost. Approved April 25, 1919. |