The Robesonian., 1917-05-03
poBEsON COUNTY ROAD LAW
Continued from page 6

onro of the contract. Provided, how
an aner that the awarding OF any con-
tsorf TO the lowest bidder shall not
Va obligatory upon the commission
g IN its Judgment the said award
nonid rot be to the public interest:
nnJ the commission has power to re-
% ;ect anv and all bids and callfor new
BIDS if not satisfied with bids sub
Ill Contract and Bond for Upkeep
Ser. 26. The commission must
loon record of all contracts for the
,,nteen of sections and must require
y sufficient bond of each person who
&c e awarded such contract for the
faithful performance of the provisi-
ons Of the contract. The commits
sion must print form of bond for
nse by all contractors and furnish
rrospective contractors with a copy.
Inspection and Pay
Sec, 81. The superintendent of
roads. or other authorized agent of
The commission, shall cause such fire.
ouent inspections to be made as may
he necessary to determine whether
~ not the contractor is performing
his mart of the contract, and before
anv money shall be paid to a contac-
Tor for services his bill must be ap-
proyed by the superintendent of roads
or other authorized agent of the COM
mission, and unless so approved the
commission shall not have power to
nav; and when a bill is approved by
an agent the commission still may
refuse payment if it is satisfied af-
ter inspection that it is not a proper
one or that the contractor has not
properly performed his duty under
the contract.
Failure to Comply With Contract
Sec. %. If the commission shall
decide that a contractor is failing to
comply with the terms OF his con-
tract it shall notifv such contractor
to put his section in proper condi-
ton and comply with his contract
within days, or such time as the
commission may prescribe, and if
within the specified time the con-
tractor shall fail to put his section
in condition as specified by the no.
tice, then the commission shall have
power to declare such contract for
feited and proceed to award another
contract for the upkeep of that Sec
tion; and in case of such default no
moneys shall be paid to the contrac-
tor for any services heretofore per-
formed by him under the contract.
The commission shall be final Judge
in this matter and there shall be mo-
appeal from its decision; but if it'll
sustains damages through failure of
a contractor comply with his con-
tract, it may bring SUIT and recover.
Dltching and Draining
Sec. 29. In the same way and man
ner as above provided for the up
keep and repair of the roads, the
commission shall take necessary steps
to properly ditch and drain the roads,
doing this either by contract after
the method above provided, or byI
other method in its discretion and
his section shall also apply to all
public bridges. Sec. 80 provides for
paying the expenses of building,
and repairing roads and
ridges out of the road taxes collect
ID under the provisions of this act |
Other Methods May be Tried
Sec. 81. 1t is provided in this sec
ion that after giving the method
prescribed in foregoing sections of
,uilding, repairing and maintaining
he public roads fair trial the road
commissioners NAV adopt such other
means or methods as they may deem
roper for the accomplishment of the
of the road law. In other
words, the methods prescribed in the
aw are not to be regarded as exclu-
i've but may be changed if they do
lot give desired results.
Width of Roads
Sec. 80. All public roads in the
ounty shall be 20 feet wide unless
ne road commission prescribes a diff
erent width, in which case the width
prescribed by the commission shall
,e deemed the legal width.
'ertaining to Condemnation Proceed
ings
Sec. 33. In relocating or widening
oads or opening new roads the road
shall have a survey made
u the. proposed change, shall give
lotlce to the landowner that his land
s condemned, and shall pay the own
il a reasonable compensation for
iamage done to the land thus ap-
'ropriated. In case the commission
;annot agree with the owner as to
ne damages, the landowner shall ap-
by to the clerk Of the Superior court,
whose duty it shall be to appoint
dlsinterested freeholders of the dis
net in which the land lies to act as
commissioners to assess the damag-
IS. In ascertainino the damages the
commissioners shall meet upon the
premises and shall take into consid-
eraton the benefits accruinr to the
remainder Of the property, as we'll
IS the damages which the owner may
subtract one from the other
ana report the difference, if any, as
tnelr r verdict. Either party may ap-
peal to the Superior court, but not
outstanding such appeal the road
commission upon payment of the
amount fixed by the commission, may
proceed to use the land in question
ior I public road and pay whatever
manages finally NAV be assessed.
Land and Timber for Roads
See 81. Authorizes the road com
MISSION to enter upon any lands near