Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1870-08-05


In relation to the construction Of bridges on
improved roads being paid ont Of the funds of
said improved roads, instead Of out the bridge
fund, Mr. Donaldson said that the practice fog
merly was to pay for all bridges out of the sew
eral road funds. More recently they pay for
the larger bridges these roads out of the cnun-
ty bridge fund, and all of the smaller bridges
out of the several improved road funds. The
amounts paid for bridges on roads Nos. Is, l6,
/ and Is during last year out of the funds of
these ,ads was s2iS 65. We find that the i'm
proved road law makes no provision for ASSESS
menis to pay for bridges and that all bridges
should be paid for out of the county bridge fund.
Mr.. Donaldson says at tie letting Of contracts on
improved road No. | 1 he came 10 a large bridge
across ditch No. IL, formerly known as Portage
river, which bridge sold to be paid out Of the
bridge fund, subject 10 the approval Of commits
sioners, which was the first bridge paid out Of
bridge fund. Since then they have paid for all
large bridges out of bridge fund. Mr.. Donald
son said he did not have any special orders to let
bridges on improved roads, only verbal, and
there was no order on journal relating tn same
that he knew of. None of the commissioners
viewed the bridge across Portage river, and no
no ice was given Of time Of sale Of the bridge no
specifications were given me In relation b. this
bridge, and no specifications were published as
to what would be required as to kind Of materi-
al to be used or kind Of bridge to be erected, &C.
The commission beg leave to state in the
carrying forward Of the improvements ordered
upon these roads, the commissioners issue to
parties contracting the same, county bonds bear
ing interest semi annually at the Ilte Of seven
per cent, the holder and credit Of the county is
pledged for their payment. 1t is expected and
contemplated, Of course, that assessments upon
the land benefited will be paid in bv the owners
thereof, TO meet these bonds and the interest up
on them. But in order to compel the payment
Of these assessments, the proceedings authorizing
ffTaffs ha Il
pei any one to pay out his private means or ap-
propriate his private property for public uses
unless il is done strictly in accordance with the
law. If, therefore, the proceedings are mani
testify so illegal as 10 render the assessment in
valid and worthless the county takes the risk Of
Issuing the bonds without the assurance Of haV-
ing the proper funds on hand with which to meet
the sIme. This is matter of great consequences
To tn. taxpayers as the expenses ot these roads
are very heavy, and should the same fall on the
county treasury for payment. bankruptcy Of our
treasury will be this result. The Act Of May 49,,
1868, is passed for the purpose of curing it pos
sble the defects which are curable; but such er-
IOrs as tha iurisd ction Of the immissoners
render their ac'ibns void and can MT be cured.
The absence Of petition required by law, a
legal bond and notice g. to the very root Ot the
whole proceedings Without these jurisdic-
tonal steps being taken it seems to Us that moth
ing can he done by the commissioners in the mat
te r, aud any act done by them is void. This
curative act does not prevent any tax payer, as
sessed for the expenses of or otherwise affected
by the improvement. from taking any advantage
they may see fit, if the errors of the commission
ers and its principles just what the court may
do in case such error IS complained Of. If then
those parties affected by and assessed for the ex-
Of said improvement should establish their claim
of errurs, and relieve themselves from the as
sessment, the county treasurer must still pay the
| bonds, although for these errors OF the commits
Cd. ll
reimburse the county therefor. The curative
act seeks 70 help MS out OF great trouble aud
expense ia these matters, which need not be
if ouf commissioners viii use ordinary prtl-
dence in lie exaTlination of road petitions, and
ordinary care that the proceedings cJnfUrm with
| the requirements Of the law.
Your committee from the findings beg leave
to suggests
| lst. That before any petition and bond foI
| any improved road be accepted or acted upon, q
careful examination be made Of the same with a
| Wow OF ascertainiog whether tho petition fulfill
the requirements of the law and the bond is con-
dtioued IN accordance herewith.
| "a. Tia, IN drafting the notice Of The road
aud order therefor, care should be taken tn al
the same correspond to the prayer Of the petition
Sd. That before accepting the report of view
ers and engineer, cans should be taken that the
report show them to be- dieinterasted fTeeholders;
that they are duly sworn, anu ia II there is legal
evidence ofthat fact; that they report as to the
public necessity Of said Improvement.
4th. That in giving the seond nUtice ro-
quired by law, pain statement Of the descFip-
ton of the lands assessed name of owner and
amount assessed to each piece should be con-
tlined therein.
9TH. That in estimating the expense Of i'm
proved roads no estimate Of bridges or culyerts
be taken into consideration.
9th. That il eulyers and bridges are nsoes-
sary, that fact should be passed ON by the COM
missioners, aud the specifications of the same be
prepared, and the work let to the lowest bidder,
and under the law for the erection of bridges,
and that the same be paid for aud kept in repair
out of the county bridge fund.
7th. That where the road has been established
upon the findings Of the commissioners, that
majority of the landowners whose lands will be
assessed therefor, have peiiloned therefor and
nearly all the expenses of the establishment have
been incurred, the commissioners should not then