The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1869-05-20

Tur.npfIke Law.
An Act to authorize County Commissioners to
locate and construct turnpike roads

SEC. J. Re II epactd by the General Assenbly
Of the state Of Chic, That the county commits
sioners Of any county in this Estate when they
shall become satisfied that the public interest Of
their county demand and justify special action
for the Improvement of the roads OF such county,
are hereby authorized and empowered to ap-
point three disnterested freehoders Of their
county, as commissioners TO view, survey aud
locate within their said county, one or more
main trunk roads, beginning at and leading
from the county seal Of said county, or such
other and eligible points us may bc deemed
proper and rnnning by such direct aud eligible
route as they may find to be best for the public
convenience, and Terminating at any point with in
or at the county line provided that nothing
herein contained shall be construed 10 auth
orize or require said county commissioners to
construct or maintain any such road within the
corporate limits of the town or city where the
county seat is located
sEc. O. That the roads established and con-
structed under this act, shall be opened not
more than sixty feet wide, nor less than forty
feet and at least twenty feet In width thall be
turnpiked with earth so as to drain freely to the
sides, and raised with stone or gravel, not less
than twelve nor more than sixteen feet in width,
nor less than twelve inches thick In the center,
and not less than eight inches thick at the outer
edge. Of such bed of stone or gravel. well COM
pacted together in such manner as to secure q
firm, even and substantial road. Provided the
county commissioners may in their discretion
cause said road to be constructed wholly Of earth
when stone or gravel is not accessible TO the
line Of said road. In no case shall the grade of
ascent or descent on said road be greater than
seven degrees and the same shall be well pro-
Vided with all necessary side-drains, waste-Ways
and under-dra ming; to prevent overfowing or
washing by water, and with substantial bridges
or culverts at all crossings OF watercourses, and
said roads shall be free to the public use for
travel
SEC. Q. Said county commissioners shall have
authority to authorize the commissioners by
them appointed, to call to their assistance
competent surveyor or civil engineer, or both,
attheir discretion, with the necessary and proper
assistapts and to lay out, survey and locate such
turnpike road, through or upon any improved
or unimproved lands on the best route between
the points of beginning and termination, and to
obtain by grant or take propositions for the pur-
chase from the owner or owners of land over
which said road win pass the right of way, and
TO take timber and other materials necessary to
the construction and repair Of the same. When
said commissioners aud the owners fail TO agree
asto the amount of compensation, or where the
owner ls unknown, nonresident or incapable OF
contracting, then the same shall be ascertaned
and adjusted by proceedings had In the name OF
said county commissioners, under the laws In
force at the time providing for the app roprlation
or private property TO the public use; and in
locating such road, said commissioners may au-
thorize the viewers or Commiss toner's by them
appointed, to locate said road upon the whole or
any part of any state, county or township road
heretofore laid out and established within said
county, and to widen, alter change or vacate
the same, or any part thereof, subject TO the
same rules as to compensation for property ap-
propriated as aforesaid.
SEC. 4. That before determining upon the
location or establishment Of any such turnpike
atngt,1
donations of money and written agreements on
the part of taxpayers Of such county, subjecting
their taxable property TO taxation annually, to
MD in the location and construction of the same
during the term of - years named therein, and
at the rate therein specified, which agreements
shall be filed and recorded In the Office Of the
county auditor of such county, and from the
time Of such filing and recording shall operate
as lien upon the real estate of the several
parties Joining therein as donors for the purpose
therein provided. All revenues derived from
the aforesaid donations In money and taxation,
shall be kept and held as separate fund In the
county TREASURY, of such county, aud shall be
applicable only TO the purposes of locnting and
constructing such turnpike roads; and II said
commissioners shall determine not TO establish
and construct such road then any moneys re-
celved ns donations shall be refunded, and said
agreements for donation by taxation shall be-
comeinoperatlye.
SEo b. That upon the location and establish.
ment Of any such turnpike road by the county
commissioners, they shall be authorized, for the
purpose Of aiding In the construct ion md 10
provide permanent fund for the main tainanco
and expense thereof, TO levy annually in addl.
ton to other road taxes authorized by law, n
tax for turnpike road purposes o I not more than
four mills on the dollar Of valuation on the
grand duplicate of taxable property in such
levy from year TO year until any such rond or
m1H Il ltgl. Hoo.
be completed provided that no taxes shall be
levied upon any lands which have heretofore
been assessed for the construction of any free
turnplkes or improved road or roads already
constructed, or In the course Of construction, at
the time OF the levy tax as aforesaid, unless the
amount that would be rAtebly levied upon the
said lands shall exceed the amount of such as
sessment; and In such case such excess only
shall be levied and collected and foT the pui-
pose OF raising the money necessary To meet the
expenses of said improvements, the commits
sloners OF any county are hereby authorized, II
In their opinion the same be advisable, to Issue
the bonds Of said county, payable at such times
as they may deem advisable, with Interest not
exceeding tho legal rate per annum, payable
geml-annually, and which bonds shall not be 80 Id
for less than their par value,
SEc. Q. Said commissioners shall eanse to be
kept by the county auditor full record of all
their proceedings In the location, establishment
and construction of said road, together with
accurate accounts of receipts and expenditures
Of money under the provisions of this act and
no money shall be drawn from the treasury OK.
cept 10 pay liabilities already accrued, and then
only In pursuance Of orders caused BY said COM
mlssioners whilst In session as board, 10 be
entered upon the record Of their proceedings,
and by orders drawn by the county auditor upon
the county treasurer, In favor Of the person or
persons 10 whom such money "a due.
SIC. Z. The work In the construction of such
roads shall be BY the county commissioner let
publicly TO the lowest respons ible bidder, after
due notice given Of such letting, by publication
In one or more newspapers published or OF gen.
era circulation In such county or by handbills
or both and for that purpose said commission.
ere shall cause the Same TO be divided into con.
venient sections, and each section numbered
from the county seat or other points. named as
the place Of beginning, toward the termination
and sha II let the same by sections with proper
specifications, of the various kinds of labor re.
quired on each section, and bidders shall be
requ ired 10 separately state their bids for each
class of work In such manner as the commits
Eioners shall provide, and each contractor shall
be required 10 give bond and sufficient security
for the performance OF his contract by bonds
payable TO said county commissioners for the
use and benefit of said county, and with the
necessary specifications and stipulations on the
part Of said contractor Inserted therein In ali
cases the construction Of such roads shall COM
mence at the point of beginning and no nav.
ment for work or materials shall be made eX-
cept upon estimates made by the surveyor or
engineer employed by the Commissioners and
byhlm duly certified, Of work actually done or
materials actually furnished or BOTH and after
70 serving such per cent. as may be fixed by the
parties % the eontFaet 10 guarantee perform.
Rnce Of the same.
SEC, 8. When any such road or roads shall be