New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1917-03-09
/ Sec. 10. Thst every contract fqrii highxax improve

Sec. 10. That every contract fprj highway improve
ment upon state roads or roads ~improasd. ,nointaineds,dy eoS-
stracted uMh state aid, under the provisions of this act, shall
be made in the name of the State of New Mexico and signed
by the State Highway Engineer, together with the board OF
county commissioners or other proper officer or Officers OF
a participating county, and by the contracting party, and no
such contract shall be entered into, nor shall any such work
be authorized, in any county which will create a liability on
the part of the state in excess of the funds apportioned to or
otherwise available for expenditure in such county under the
terms of this act.
Sec. H. That partial payments may be made on any
contract for highway improvement, under the provisions of
this act as the work progresses. Progress estimates shall be
based on material in place and labor expended thereon, but no
more than ~eighty-five per cent of the contract price of the work
shall be paid in advance of the full completion of such contract
and its acceptance by the State Highway Engineer. The state
and county shall each pay its proportionate share of such par
tml payments on the certification of the amount thereof by
the State Highway Engineer.
Sec. IL. That rights of way deemed necessary by the
State Highway Commission for highways constructed under
the provisions of this act, shall be acquired by the county either
by donation by the owners of the lands through which such
highways shall pass or by agreement between such owners and
the board of county commissioners of such county, or through
the exercise of the power of eminent domain in the same man
ner as provided for acquiring property for other public uses.
Sec. 70. That for the purposes of this act, necessary
bridges, culverts and other appertaining structures on any
highway, shall be considered a part of such highway. Not
more than fifty per cent of the cost of all construction or i'm
provement of highways, under the provisions of this act, shall
be paid by the state, and not less than fifty per cent by the
county in which such work is done, except where such work
is done by the State Highway Commission without the use of
county funds.
Sec. ID. That all state highways constructed and i'm
proved under the provisions of this act shall be maintained by
the State Highway Commission, but not more than fifty per
cent of the cost of such maintenance shall be paid by the state
and not less than fifty per cent shall be paid by the counties.
The State Highway Commission may, however, contract with
the county commissioners of any county to maintain any such
state highway or highways therein, in accordance with stand
ards prescribed by the State Highway Engineer and subject
to supervision and inspection by him, and if the county COM
missioners of any county so contracting to maintain such high
ways, shall fail, neglect or refuse properly to execute such
work of maintenance, the State Highway Engineer, after rea-
sonable notice, may have such work Of maintenance done and
charge the county's portion of the cost thereof to the allotment
due such county from the state Road Fund" for the year in
which such work is done. No pipe lines, poles or telephone
or electric transmission lines or railways, authorized to be
placed on or along roads constructed or improved under the
provisions of this act, shall be located except in accordance
with rules and regulations prescribed therefor by the State
Highway Commission.
sec. IS. IHdI " OTdT ~ pOO1ue JH"uS J' U'y"S
out the provisions of this act, there shall be lesred annually
upon all taxabe property in the state a tar of one-haf OF one
mill on the dollar, yhich tar shall be in addition to the tar
of not to exceed one mill upon the dollar authorized BY Section
2642 of the Neo Mexico Statutes annotated, Codiftcdtion Of
1915 and ii is hereby made the duty Of the State Higk0Uay
Commission, created by this act, to cause such lesaes to be
made by certifying same to the State auditor, and such taxes
shall be lested and collected in the same ntunner as other taxes,
and shall be paid into the state treasury and covered into the
"Road Fand". One-haf of the net revenues derived from the
licensing of motor vehices, under any Gw noO in existence,
or that may hereafter be enacted, and all fines and penalties,
collected for violations of any such laaV, shall also be paid into
the state treasury and covered into said "Rodd Fund.-.
Subject to the provisions of Section 457o, Ne7V MEXICO
Statutes annotated, Coditication of 1915, after providing for
interest and sinking fund upon the State
Highway Bonds, the State Highway mmissio
shall reserve out of the state Rood Fund" a suf-
fcient sum annually, based upon estimates by the State High
way Engineer, to covey all expenses of the Commission, in-
GLIDING salaries of officers and employees, and to pay the states
portion of the cost of properly maintaining all highways there
tofore constructed or improved and comprised in the system of
state roads herein provided for: Provided, that not less than
twenty per cent of the funds made available by this act shall
be exDended by the Commission in the maintenance of roads.