Highways under act. Power granted. Application for improvements, where made. Eligibility of signers. Proviso, highways of less than two miles. TITLE. An Act to provide for the construction, improvement and maintenance of highways; for the levying, spreading and collecting of taxes and of special assessments therefor; to authorize the borrowing of money and the issuance of bonds under certain restrictions, regulations and limitations; to prescribe the powers and duties of certain officers with reference thereto; and to validate certain proceedings heretofore taken. SEC. 2. Any highway not included within the corporate limits of any city in this State (including streets in villages), may be constructed or improved under the provisions of this act. SEC. 3. The county road commissioners and the State Highway Commissioner, under this act, shall have all of the power for laying out, establishing, widening and straightening of highways that may be now or hereafter granted to them by any law of the State or by any act of the Congress of the United States. The expense of laying out and establishing, widening or straightening of any highway shall be deemed a part of the expense of any improvement made by the commissioners or commissioner on such highway under this act. SEC. 4. Whenever the owners of more than sixty per cent of the lineal frontage of lands fronting or touching upon any highway or portion thereof, not less than two miles in length, desire to improve such highway or portion thereof, they may file application for such improvement to the county road commissioners of the county in which such highway is situated, if said county has adopted and is operating under the provisions of chapter four of the general highway law and amendments thereto. When such highway or portion thereof is situated in a county not subject to the provisions of the county road system, so-called, or when such road or portion thereof or the assessment district hereinafter provided for to be created because of such improvement, shall lie in more than one county, the application aforesaid shall be presented to the State Highway Commissioner. The eligibility of signers to any application hereby authorized shall be determined by their interest of record in the office of the register of deeds or in the probate court of the county in which such lands are situated, at the time the petition is presented to the county road commissioners or to the State Highway Commissioner as the case may be: Provided, That an application may be made hereunder for the improvement of a portion of a highway less than two miles in length situated and lying between the ends of highways or portions thereof, for the purpose of connecting and making continuous previously improved roads, which have been accepted in accordance with the statute for the allowance and payment of State aid or reward; or whenever the ends of such portion of road less than two miles in length shall be situated between the boundaries of any incorporated city or village or another State and such improved road as aforesaid. provement SEC. 5. Improving a highway shall include grading, drain- What image, bridging, stoning, macadamizing, paving and making of to include. cement, asphalt, bituminous products, or slag, gravel, or any material suitable for road purposes, or any combination of the same. Where a petition is presented for improving any highway the county road commissioners or the State Highway Commissioner may adopt such kind of improvement as they shall deem best under the circumstances. SEC. 6. The petitioners for the improvement of any high- Liability of way under the provisions of this act shall be jointly and petitioners. severally liable for the costs and expenses of proceedings had but not for any portion of the construction of a road in case the proceedings therefor shall be dismissed for any cause, where the county road commissioners have incurred expenses because of such petition or where the State Highway Commissioner has incurred expenses. plat. SEC. 7. Upon the filing of such application, the State Survey, Highway Commissioner or the county road commissioners estimate; of the county in which such highway is located shall proceed to examine the highway proposed to be improved, and if they deem the proposed improvement necessary, shall cause a survey thereof and specifications to be made of the kind of improvement suitable for the highway, and estimates of the costs thereof to be filed with them, by a competent engineer. The said commissioners or commissioner shall also cause a plat to be made of said highway and of the lands that may be benefited by the proposed improvement. termination. not final. SEC. 9. If, after such survey, plans and specifications and Order of deestimates of cost have been filed with them, the county road commissioners or the State Highway Commissioner shall be of the opinion that the proposed improvement is necessary for the benefit of the public and is for the benefit of the public welfare and convenience, they shall make their first order of determination, attaching a copy of the specifications to such order. These specifications shall not be final, Specifications but may be changed by the county road commissioners or the State Highway Commissioner at any time before the final order is made, but not after the hearing of objections hereinafter provided for, except after due notice and hearing thereon. The county road commissioners or the State High- Description of way Commissioner shall also attach to such order, either a description of the boundaries of the proposed assessment district, or a description of the several parcels of land which may be liable to assessment for the benefits on account of the proposed improvement. lands liable. Hearings. Notice. Publication. Posting. SEC. 10. The county road commissioners or the State Highway Commissioner shall hear objections to the proposed improvement at a time and place to be fixed by them at some suitable place within the proposed special assessment district. Such notice shall set forth a description of the boundaries of the proposed special assessment district or the several parcels of land proposed to be assessed on account of such improvement, and the time and place of hearing. At this hearing all parties or persons interested, shall be given an opportunity to present their objections, if any, to the proposed improvement. Notice of this hearing shall be given by the county road commissioners or the State Highway Commissioner at least ten days prior to such hearing, by causing a notice thereof to be published at least once in each week for two weeks in succession in some newspaper published and of general circulation in such county, and by posting five notices in each township within which the assessment district lies in whole or in part and within the limits of such district, in public and conspicuous places therein. At this hearing, the county road commissioners or not more than the State Highway Commissioner shall make any changes in the specifications deemed advisable, without further notice or hearing, provided such changes do not increase the estiNew hearing, mates more than ten per cent. If they do increase the estimates more than ten per cent, then a new hearing shall be had and notice thereof given, as in the first instance. At said hearing the county road commissioners or the State Highway Commissioner may alter the boundaries of the proposed assessment district: Provided, however, That if said district is enlarged or otherwise altered so as to embrace additional lands, hearing thereon after due notice, shall be had as hereinbefore provided. Increase ten per cent. Proviso. Final order. Division Additional portions. SEC. 11. After hearing objections, if the county road commissioners or the State Highway Commissioner still deem the proposed improvement necessary for the benefit of the public welfare and convenience, they shall make their final order in writing, under their hands, determining that the proposed improvement shall be made according to the final specifications adopted by them, a copy of which specifications shall be attached to said order. SEC. 12. The county road commissioners or the State Highway Commissioner may divide the construction of the proposed improvement into one or more sections for letting, and may let contracts for the proposed improvement either by separate sections as determined by them or may let all of said sections together in one contract. The county road commissioners or the State Highway Commissioner may likewise let additional portions of any of the work in any section separately, such as the grading, draining, bridging, the final top coat of the highway, curbing, or any combination of the same, in separate contracts as they shall deem best. They may likewise receive bids, and let contracts for portions of the work proposed to be done either upon separate sections or different parts of the same section as aforesaid, according as the total cost thereof shall appear to be the cheaper. SEC. 13. The county road commissioners or the State High- Division of improvements way Commissioner may divide the proposed improvement in- by years. to sections, not more than three for the purposes herein specified, only one of which sections are proposed to be improved the first year, the adjoining one the second year, and the last section the third year; or they may divide the proposed work into two sections, one to be improved one year, and the other the next year. If deemed desirable a part of the work of improving any of said sections may be done in one year and the balance in the succeeding year. In all cases where it shall be proposed to improve the highway petitioned for in two or three years, notice of such intention shall be given to the persons interested, in the notice for the hearing of objections to the proposed improvement. Where such proposed improvement is divided Levy. and ordered constructed in different years as aforesaid, the county road commissioners or the State Highway Commissioner shall make a separate roll for each portion to be improved as ordered each year, and shall only levy for the portion to be built the first year, in the first roll, and for the portion to be built in the second year in the second roll, and for the portion to be built in the third year in the third roll. The lands and townships and counties at large to be assessed for the building of the second or third portions shall not be assessed for the building of the first portion, unless the county road commissioners or the State Highway Commissioner shall deem it equitable and just that the second or third portions, or both of them should help pay for the first portion in addition to paying for its own portion. Thereafter, without further notice, the county road commissioners or the State Highway Commissioner shall, the succeeding year, proceed to let the contract for the construction of the second portion, and the next year thereafter, the contract for the construction of the third portion, if it were divided into three portions. No further hearing or determination shall be necessary in order to let the contracts for the construction of the succeeding sections. of contracts. SEC. 14. On the making of the said final order, the county Letting road commissioners or the State Highway Commissioner shall proceed to let the contract, or contracts for the construction of the proposed improvement to the lowest bidder or bidders, giving adequate security for the performance of the same in a sum to be fixed by the county road commissioners or the State Highway Commissioner. The county road com- Notice given. missioners or the State Highway Commissioner shall give notice of the letting of such contract or contracts by publishing notice thereof in some newspaper published and of general circulation in the county, at least once in each week for two weeks, and may publish notice thereof, in other newspapers, if they shall deem the same advisable. They may reserve the right to reject any and all bids. After the bids have been received or as soon thereafter as practicable, the county road commissioners or the State Highway Commissioner shall enter into the necessary contracts for the construction of the proposed improvement with the persons whose bids shall be accepted by them and who shall have Cash deposit. furnished the bonds required of them. A cash deposit in such amount as the commissioners or commissioner may deem reasonable, may be required with each bid as an evidence of good faith and to reimburse the district in the event of failure on the part of the successful bidder to execute the necessary contracts or to furnish the required bonds. The deposit of every bidder whose bid is rejected shall be returned to him forthwith, when his bid is rejected, or another bid accepted. In case the successful bidder shall not execute the proper contracts or furnish the bonds required of him within ten days after the acceptance of his bid, then the county road commissioners or the State Highway Commissioner may retain the sum deposited as stipulated damages for the non-execution of the contract, and proceed to advertise for, and let the job anew. In case the successful bidder furnished the bonds required of him and executed the required contracts, then the money that was deposited Disposition of by him shall be returned to him. Any money forfeited in the manner hereinbefore provided, shall be deposited with the treasurer of the county in which said special assessment district lies or the county in which the greater part of such district lies, to the credit thereof to be used for the purposes of this act. Non-execution of contract, etc. forfeitures. Installments. Special assessment districts. Errors. SEC. 15. At the time of hearing objections to the proposed improvement, if the county road commissioners or the State Highway Commissioner shall determine to construct the same, they shall then and there determine the number of installments in which the money therefor shall be raised, which shall not be more than ten annual installments. SEC. 16. At the time of hearing objections to the proposed improvement, the county road commissioners or the State Highway Commissioner shall finally determine the special assessment district to be assessed for benefits on the construction of the proposed improvement, and shall not assess any lands therefor not included in said district. The determination aforesaid shall be announced at the conclusion of said hearing. If, at any time, error should be discovered in said district, as so determined, before the special assessment roll shall have been finally approved by the commissioners or commissioner, and if, in the judgment of the county road commissioners or the State Highway Commissioner, further lands should be brought within such assessment district, the county road commissioners or the State |