The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1907-08-01

of not more than one-ffth of l per
cent. for disbursing said funds.
| The court doth now appoint John
| Banister, James N. johnson and F. G.
| Burdett, the said last named being an
| efficient and duly qualified civil engi-
| neer, as commissioners to superintend
| the construction and improvements to
| be made upon said roads with the pro-
| ceeds of said bonds and to make re-
ports thereon from time to time as
| this court may require.
5. All of said work shall be done
| by contract as follows: The said com
missioners shall prepare complete and
| full plans and specifications for the
| improvements of each of said main
county roads beginning at the said
City of Charleston, and after said
plans and specifications are completed
as to any particular road which it is
proposed to improve, said commits
sioners shall advertise for bids for the
construction and improvement of said
road according to said plans and spe-
cifications; said advertisement to he
published in at least two newspapers
of opposite politics published in Ka
nawha County at least once week
for (4D four weeks prior to the let
ting of said contract, and in such 9th
err manner as said commissioners may
deem proper. Bids for two or more
roads may be asked for in the same
notice. And the contract for doing
said work shall be awarded to the
lowest bidder, but the commissioners
may reject all bids il they think prop
er. The person to whom the contract
is awarded shall be required to give
bond and security to be approved by
said commissioners for. the faithful
performance of his contract, which
contract and bond shall thereupon be
submitted to the county court of Ka-
nawha County for its approval, to-
,ifI
ments and of all bids received. And
when such contract and bond shall
have been accepted and approved by
said County Court it shall be valid
and binding upon all parties thereto.
6. The plans and specifications to
he prepared for the permanent i'm
provement of said roads by said COM
| missfoners as aforesaid, shall provide
| for the use of macadamiZing or other
processes of equal merit. And none
| OF the funds derived from said bonds
| shall be used in making merely TEN.
porary repairs to any of said roads,
| but only in making the kind of per-
manent improvements hereinbefore
mentioned.
Z. Neither the said commissioners
nor the said County Court shall have
the right or the power to use or ap
propriate any of the proceeds of said
bonds to the payment of any part of
the present existing Indebtedness of
kanawha County or any district there
III or for any other county purposes or
other purposes of any kind, except
the permanent Improvement of the
main county roads of said Kanawha
County as herein provided Provided
however, that the purchaser o. pur-
cbasers of said bonds shall not be re-
CURED to see to the application of
said purchase money. And none of
the proceeds of said bonds shall be
used or appropriated either by said
commissioners or by the County Court
to pay for any improvements upon
said main county roads, except such
| as shall be constructed by contract
strictly in the manner hereinbefore
| set forth
s. The contracts that are made IN
der this authority shall provide that
| the contractors shall be paid for the
work upon estimates to be made reg
ularly from time to time by the engi
neer and commissioners, and that al
| least ten per cent. of each estimate
| shall be retained until the final com
| pletion of the work under the con
, tract. as additional security for its
| completion in accordance with the
} terms of the contract. And no pay
! ments shall be authors to be made
| by the County Court to any contractor
! until the same has been certified by
| said engineer and approved by said
| commissioners or majority of them
9. The said two commissioners,
| who are not eng .neerS, shall receive
| $500 per day for each day they may
be employed in attending to their du-
ties under this order. And the said
engineer commissioner shall receive
$500 per day for each day he may be
SO employed.
| TO- In case of a vacancy in said
| commission resulting from the death
disability. failure or refusal to act of
| any one of said commissioners such
| vacancy shall be filled by the remain
| ing commissioners with the consent
| and approval of the County Court in
| every case: provided always that if
the vacancy is in the position of the
| engineer commissioner it shall be filled
| by the appointment of an efficient and
| duly qualified civil engineer. And al
| least one of said commissioners shall
| always be of a different political party
| from the other two.
IL. 1t is further ordered that p
special election shall be held mt all tn,
| voting places of Kanawha County on
| the 18th day of August, 1907. upon the
| proposition for the issuance Of said
bonds in the manner and subject to
| all the provisions restrictions, and
| conditions set forth in this order
And no bonds shall be issued hereup
der unless the said proposition shall
| receive at said election three-ffths of
| all the votes at S1,ch oil 49,,