Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1904-04-29

the same; aLd the saiL board shall
reserve the right to reject any and
all bids and to do the work accord
ing to said plans ana specifications by
such arrangement as they may deem
best but under no conditions shall
the amount to be paid by the State,
under the provisions of this Act eX-
coed onehalf of the detailed estim-
ates furnished as hereintofore pro
yided.
Sec. BE it enacted, That
on the day stated in such ad-
vertisement, the proposals shall be
publicly opened and read and the cou-
tract shall be awarded to the lowest
responsible bidder, provided his bid
does not exceed the amount estim-
ated by the commission aforesaid as
a proper maximum cost of said work;
and if all bids shall exceed the amount
specified, then no contract shall be
given, but proceedings may be had
anew in the same manner as first pro
vided, and the contractor shall in all
cases before entering upon his work
be required to execute contract with
the board of county commissioners
to perform the work according to the
specifications, and also give bond to
said county commissioners con
ditioned for the faithful perform
ance of such contract in a sum not
less than the total amount of the con
tract and with such incorporated
surety company as surety az the
board may approve.
Sec S-Be 1t enacted, That
all contracts for work to be done
under the provisions Of this Act shall
be subject to the approval of the com
mission designated by this Act.
Sec, 9.-Be it enacted, That
in order that the State may be
assured of the proper execution and
performance of each contract made
under the provisions of this Act, it
shall be the duty of the commission
to maintain immediate supervision of
such execution and performance OF
each of said contracts the cost Of
such supervision shall be paid to said
commission by the Comptroller of
the State of Maryland out of the APP
preparation apportioned TO the county
and applicable to the particular road
or extension being constructed as
provided for by this Act.
Sec. 10.-Be 1t enacted, That
when the work under any sun
approved contract shall have been
lullg NOlllDltltu dS pIONlutu lOI III
said plans and specifications, it shall
be the duty Of the said commission to
certify the fact of such completion to
the Comptroller of the State of Mary
land together with the statement Of
the cost Of the work under the said
contract, including therein the amount
of the expenses incurred by the board
of county commissioners for surveys,
plans, specifications, printing and ad.
vertising, ana thereupon the said
Comptroller shall, upon such certiiica-
ton, accompanied by tIe certificate
OF the said board Of county commits
sioners of such county that the pay
mcnt of the said total amount so GER
tilted by said commission has been
made, pay to the board Of county com
missioners Oh such county one-nalf of
the said total amount Of cost and ex-
penses so certified, not to exceed one
half of the estimate as hereinbefore
provided
Sec. ll.-Be 1t enacted, That
no portion o. the cost of acquir-
ing land for any road, nor any dam.
ages caused by the construction or
Improvement of any road shall be paid
by the state.
sec. 12.-And be 1t enacted,
That no one county of the State
shall receive in any year a largerprO-
portion Of the total amount approprl-
ated by this Act for said year than
the proportion which the then exist
ing miles Of public road in said county
bear to the then existing miles Of
public road in all OF the
counties applying. as determined by
the said commission unless a balance
remains unallotted under the arrange
ment above prescribed IN which
event said balance may be appOrtiOn-
ed in the same manner among the
counties which have not received the
full amount Of their Applications.
Sec. BE It enacted. That
any road constructed under the
provisions Of Ihis Act shall thereafter
be county road, and the duty Of
keeping the same in repair shall de-
yDlve upon the county in which II Is
situated; and all other powers and du.
ties respeC ting such roads shall be
imposed upon and invested In said
county; and the board of county com.
missioncrs shall provide all moneys
necessary to keep in a proper state
Of repair the roads constructed under
this Act; ana II shall be the duty OF
the commission to notify the board
OF county commissioners or all Such
repairs as they may deem necessary
to be made to such county roads; and
Immediately on such notification the
board Of county commissioners Of
such county snail cause such repairs
to be made according to the direction
and to the sa -igfactiOn Of said com
mission and If said board shall refuse
or neglect to make such repairs
within thirty days from the date Of
such notification by said commission,
said county shall not thereafter re-
ceive any further assistance provided
for in this Act until such repairs
have been made; and any five
taxpayers Of such county may apply
to the Circuit Court Of said county for
a writ of mandamus to compel
said board 10 make such repairs as
aforesaid, and when such application
Is made, the Court, upon a rule to
show cause or otherwise, in such man
ner as the Court shall prescribe, shall
ascertain and determine such road as
Aforesaid is In proper state Of re-
pair, and II not shall Issue a manda'
mus requiring said board 10 make
the necessary repairs and may also
in It's discretion allow 10 the attorney
Of the applicants a reasonable coun.
gpl foo Ia he maid nv said county