Character of work.

Survey.

Profile.

Approval.

New grades.

four; sections three, nine, ten, eleven and twelve of chapter five; section thirteen of chapter eight; sections two and three of chapter fifteen of act number two hundred eightythree of the Public Acts of nineteen hundred nine as amended, entitled "An act to revise, consolidate and add to the laws relating to the establishment, opening, improvement, maintenance and use of the public highways and private roads, the condemnation of property and gravel therefor; the building, repairing and, preservation of bridges; setting and protecting shade trees, drainage, cutting weeds and brush within this State, and providing for the election and defining the powers, duties and compensation of State, county, township and district highway officials," approved June two, nineteen hundred nine, are hereby amended to read as follows:

CHAPTER II.

SEC. 15. All work hereafter done upon roads and bridges, except such work as may be required for repairs, shall have in view the permanent improvement of such roads and bridges. Before beginning such permanent improvement on any highway, the commissioner shall cause a survey of the highway to be made by a competent surveyor, for the purpose of establishing both its location and grade, Grade stakes. and a profile of such survey shall be made. Grade stakes shall be set along the side or sides of the highway, such grade lines being referenced to permanent objects along the highway at frequent intervals. The profile shall also show in figures as well as by lines, the cuts and fills required to bring the road surface to the established grade. Such plan and profile shall be referred to the township board for its approval and adoption. If, in the judgment of such board, the grades as proposed are not practicable and advisable, new grades shall be indicated on the profile, which grades shall be agreeable to said board. The plan and profile as submitted, or amended as above provided, shall be adopted by resolution of such township board, which fact shall be certified by the township clerk on the plans, giving the date of such adoption, after which they shall be filed with the township clerk, and copies thereof shall be filed with the township treasurer. Thereafter all parts of such roads shall be graded and turnpiked in accordance with the grades thus established before the same shall be graveled or macadamized, and it shall be unlawful for the highway commissioner to issue any orders for permanent improvement work, for the township clerk to countersign such orders, or the treasurer to pay same, unless the survey has been made, the profile made and adopted, and the work done in accordance therewith, and any one of the officials that shall do what is prohibited in this paragraph knowingly, shall be guilty of a misdemeanor and shall be

Adoption. Certification and filing.

Grading.

Permanent improvement work.

Penalty.

liable to a fine of not less than ten dollars and not more than twenty-five dollars, and in default of payment may be confined in the county jail not less than ten days, nor more than twenty-five days, in the discretion of the court. The Turnpike. highway shall be constructed in such manner as to form a turnpike sufficiently crowning to shed water, with gutters or Gutters ditches adequate for drainage. The width of the turnpike Width." shall be not less than eighteen feet between side ditches and all bridges shall have a clear roadway of at least sixteen Bridges. feet, and shall be capable of carrying a fifteen ton moving load.

CHAPTER IV.

or ditches.

SEC. 5. In all elections held under this act the manner Conduct of elections. of preparing and distributing the ballots, the manner of conducting, canvassing, returning and declaring the result, shall be the same as now prescribed by law for other like county elections, except as herein otherwise provided.

county road commissioners.

election.

SEC. 6. In any county where the county road system Board of shall be adopted, a board of county road commissioners consisting of one or more, but not exceeding three commissioners as shall be determined by resolution of the board of supervisors, shall be elected by the people of such county. In the first instance such commissioner or commissioners shall be appointed by the board of supervisors or elected at a general or special election called for that purpose, as shall be ordered by the board of supervisors. If such commission- Term of er or commissioners are appointed they shall hold office only office. until the first day of January in the year in which the next regular session of the Legislature is held. If such commissioner or commissioners are to be elected at a general election, notice thereof, embodying a copy of the resolutions of Notice of the board of supervisors, giving the number and terms of office of the commissioner or commissioners to be elected, shall be published by the clerk in the newspaper or newspapers selected by the board of supervisors as required by section three of this chapter and act; if a special election is special called for the election of such commissioner or commission- election. ers, a like notice shall be given by the clerk, which notice shall be posted and published in such newspapers as required by said section three of this chapter and act. The regular election of county road commissioners shall be held Regular at the general election on the first Tuesday after the first Monday in November, and the term of office of such county Term of road commissioners shall commence on the first day of Jan- office. uary in the year following their election. The notice there- Notice. of shall be given at the time notice is given of the general election of county officers: Provided, That the election of Proviso, when county road commissioner or commissioners, as herein pro- mandatory. vided, shall not be mandatory in any county which contains

election.

election not

twenty-six surveyed townships or more, either entire or fracAppointment. tional, as determined by the government survey thereof. In such county or counties the board of supervisors may, by a majority of its members-elect, appoint such county road commissioners.

Oath of office.

Term.

Election of successor.

SEC. 7. Any person elected or appointed county road commissioner, shall, within ten days after being notified in writing by the clerk of such county, of his election or appointment, take and subscribe the constitutional oath of ofOfficial bond. fice and file the same with the said clerk. Each and every county road commissioner shall be required to execute and give official bond in such amount as the board of supervisors of such county may determine, the expense of securing such bond, if any, to be paid from the county road fund. The term of office of the first commissioner or commissioners elected or appointed in any county under this act, shall commence immediately upon filing such oath of office and bond, and shall continue as herein provided. The successor to each such commissioner shall be elected at the general election on the first Tuesday after the first Monday in November preceding the expiration of his term. If the number of such commissioners shall be fixed at one, he shall hold office for the term of two years from the first day of January following his election or appointment. If the number of such commissioners be fixed at two, they shall hold office for two and four years respectively, from the said first day of January; and thereafter one commissioner shall be elected or appointed biennially for the full term of four years. If the number of such commissioners shall be fixed at three, they shall hold office for two, four and six years respectively, from the said first day of January; and thereafter one commissioner shall be elected or appointed biennially for the full term of six years. No member of the board of supervisors shall be eligible to the office of county road commissioner, and such offices shall not be held by the same person at the same time: Provided, That the board of supervisors of any county where the county road system has been adopted and the number of road commissioners has been fixed by the board of supervisors at a greater number than one, may reduce the number, and in case of a reduction in number as aforesaid, no successors shall be elected to those commissioners whose terms shall soonest expire until the number of commissioners shall be reduced to the number specified by the board of supervisors, and thereafter successors shall be elected for the term hereinbefore provided, depending upon the number to which said board shall have been thus reduced and fixed by the board of supervisors.

Eligibility.

Proviso, reduction in number.

Not to be interested in contract, etc.

SEC. 10. Neither the clerk nor any member of the board of county road commissioners shall, directly or indirectly, either personally or as a member of any firm or stockholder in any corporation, be pecuniarily interested as contractor

purchase

duties.

or employe in any contract entered into or work carried on by or for such board or in property purchased or sold by or for such board: Provided, however, That this section shall Proviso, not be construed to prevent the purchase of land for a of land. road, from a member of the board or the clerk thereof. Said Highway board of commissioners shall employ a competent county engineer, highway engineer who shall make all surveys ordered by the board, prepare plans and specifications for all roads, bridges and culverts, and exercise such general supervision over all construction as will insure that the plans and specifications are strictly followed: Provided, however, That two or more Proviso, adjoining counties may employ the same engineer, if the employment work in one or more of such counties is not enough to em- counties. ploy the whole time of such engineer. Said board may Other also employ such other servants and laborers as may be employes. necessary, and may purchase such machines, tools, appliances Machines, and materials as shall in its judgment be necessary or con- tools, etc. venient for the proper carrying on of their work. The engineer employed by said board shall be officially known as Title of the county highway engineer.

by several

engineer.

SEC. 18. In case State reward is to be applied for, the Map of board of county road commissioners shall file with the State county roads. Highway Commissioner for his approval, a map of the county showing the location of the proposed system of

of streets.

county roads: Provided, however, That this proposed system Proviso, may be extended if approved by the State Highway Commis- extension. sioner. All State rewarded roads composing a part of this County roads. -system shall be taken over as county roads by the board of county road commissioners, and any road heretofore laid out, or any part thereof, shall become a county road if the board of county road commissioners shall at any time so determine, and in passing through or on the line between townships and incorporated villages or cities any streets or streets. parts of streets of such village or city may be adopted as a county road, with the consent of the proper authorities of such city or cities, village or villages: Provided, however, Proviso, That where any street or part of a street is taken over in improvement passing through or on the line between a township and an incorporated village or city, no county road funds shall be expended for the improvement of any such street or part of a street of such village or city to a greater width than sixteen feet, nor with material more expensive than concrete or brick. The vote of the county road commissioners in respect yea and nay to such determination shall be taken by yeas and nays, and vote. shall be entered at large on the records of said board of county road commissioners. Notice of such determination Notice. shall be forthwith given by the clerk to the highway commissioner of each township and the highway authorities of each city or village in which said road or any part thereof is situated and published in some newspaper printed and circulated in the county, once in each week for three suc

Proof of service, etc.

Control of road.

Name of road.

of road.

cessive weeks. Proof of such service and publication may be made by affidavit by any person knowing the facts, and be filed with the clerk. Such affidavit or the record thereof, or a certified copy of such affidavit or record shall be prima facie evidence of its contents. After service and publication of such notice, the board of county road commissioners shall have sole and exclusive jurisdiction and control of such road so embraced within such determination, and the township or municipality within which the same is situated shall be relieved from all responsibility therefor. Immediately after laying out or taking control of a road said board shall give the same a name by which it shall afterAbandonment ward be known in its proceedings. The board of county road commissioners of any county which has adopted the county road system, is hereby authorized and empowered to, at any time, abandon and discontinue any county road, or any part thereof, by a majority vote. The vote of the county road commissioners in respect to such abandonment and discontinuance, shall be taken and entered, and notice thereof be given, in the same manner as required in this section, in cases in which county roads are adopted. After proceedReversion to ings to discontinue and abandon have been had, the jurismunicipality. diction and control of such road shall revert to the township or municipality within which the same is situated which, prior to the time of its adoption as a county road, had jurisdiction and control thereof, and the county shall be relieved from the responsibility therefor.

Surveys, plans and

Determination of tax.

SEC. 20. Before the first day of October of each year, specifications. said board of county road commissioners shall cause preliminary surveys, general plans, specifications and estimates of roads, bridges and culverts to be made by the county highway engineer, whose qualifications shall be approved by the State Highway Commissioner in case it is intended by the commissioners to apply for State reward. Based upon the above estimates, said board of county road commissioners shall determine upon the amount of tax which in its judg ment should be raised for such year in said county for the purposes aforesaid, specifying and itemizing the roads and parts of roads upon which such moneys are to be expended, stating the amount asked for each of such roads, and shall cause such determination to be entered upon its records. Such tax shall not exceed three dollars on each one thousand dollars of assessed valuation according to the assessment roll of the last preceding year in counties where such valuation does not exceed forty millions of dollars; such tax shall not exceed two dollars on each one thousand dollars of assessed valuation according to the assessment roll of the last preceding year in counties where such valuation is more than forty million dollars and does not exceed seventy-five million dollars; such tax shall not exceed one dollar on each one thousand dollars of assessed valuation according to the assess

Limit of tax.