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SECTION 6. The county court, or the judge thereof in vacation, shall appoint and contract with some competent and reliable citizen and resident of the county as commissioner of roads, highways and bridges, and shall be authorized and empowered to fix the salary thereof, the same to be payable quarterly.

SECTION 7. Said commissioner shall have the power by and through the approval of the county court, or the judge thereof in vacation, to appoint a deputy or deputies, whose duties and salaries shall be fixed by said court, or the judge thereof in vacation.

SECTION 8. Said commissioners shall be appointed and contracted with for two years and shall give bond with good security to the State of Arkansas in such sum as the county court shall fix, for the use and benefit of the county, obligating himself to discharge his duties as road and bridge commissioner faithfully and to the best of his ability and to do his duty as such and to account for and pay over all moneys coming into his hands as such commissioner, said bond to be approved by the county court or the clerk thereof in vacation.

SECTION 9. He shall, under the direction of the county court, make an estimate of all work to be done on first and second class roads and highways in each year; and under the direction of the county court shall view and report as to the work done on the roads and highways at the end of each year, making his report in writing and swearing to same.

SECTION IO. The commissioner shall examine and report as to the condition of all public roads and highways in the county, under the direction of the county court, giving estimates of needed repairs and also estimates as to the building of new bridges, and he shall swear to all reports and estimates made to the county court.

SECTION I. It shall be the duty of said commissioner to diligently prosecute the work of construction and repairs. on roads, bridges and other public works of the county, under the direction of the county judge, and he shall organize, equip, take charge of, manage and control the property and labor of such force of men, teams and tools as the county court, or judge, may from time to time direct.

SECTION 12. The appointment of a commissioner of public roads, highways and bridges shall in no way release road overseers and hands from any duties now required of them by law; provided, the commissioner may suggest to and advise with the overseer of the district in which he may at the time be working in regard to any matter affecting the roads and bridges of his district; and also assist them, when directed to do so by the county judge.

SECTION 13. All contracts for work on roads and bridges may, in the discretion of the county court, or the judge in vacation, be made either through the road commissioner or any of the road overseers of the county.

SECTION 14. The road and bridge commissioner contracted with and appointed under this Act shall examine and report the condition of all the bridges of the county, the repairs necessary, and when bridges should be replaced and made new, giving the estimated costs of all bridges and the repairs on same, and shall sign and swear to such report. Should the commissioner fail to discharge his duty as required by this Act, suit shall be ordered by the county court on his bond, and the said commissioner removed and another commissioner appointed in his place.

SECTION 15. All bridges not more than fifty feet in length shall be built or repaired by the overseer with the road hands. if not otherwise ordered by the county

court and the overseer with the hands shall make such necessary repairs on all bridges in his district as shall be ordered by the county court.

SECTION 16. Hereafter all public highways of first class shall be not less than thirty feet wide, unless by report of the commissioner and otherwise ordered by the county court; and all second class shall not be less than twenty feet, unless otherwise ordered by the court. Public roads shall be made as much wider as may be ordered by the county court.

SECTION 17. That nothing in this Act shall be so construed as to repeal or in any wise interfere with the laws now in force and existence regarding the formation of road - districts and the appointment and duties of road overseers thereof, or of the laws regarding the duties and appointment of the apportioning justices of the peace, or with any of the laws now regulating the labor on highways, except where there is a direct conflict with the provisions of this or with any other laws now in force relative to working the public roads and building and repairing bridges, and that this Act be in force from and after its passage.

Approved March 14, 1905.

ACT 97. ✓

AN ACT to lay off and establish a part of Lafayette County, Arkansas, into a levee district to be known as Red River Levee District No. 1, for the erection and maintenance of a levee in said district; to incorporate a board of levee directors for said district, and for other purposes.

SECTION

I.

2.

Creates Red River Levee District No. 1, and describes the boundaries thereof.

Names the directors and fixes the term of office of each, and gives some of their duties as a board.

3. Duty of board to levee Red River from a given to a certain point.

4.

Board to assess and levy a tax annually for purposes of construction, etc.

5. Tax wrongfully collected may be refunded. Bond must first be filed in injunction suits.

6. Sheriff of Lafayette County to be collector of levee taxes. Manner of enforcing collection.

7.

Suits shall be conducted in the name of Red River District
No. I. Procedure in chancery court, etc.

8. Terms of office of directors.

[blocks in formation]

10.

II.

12.

How vacancies in the board may be filled.

Director to be eligible as such must be the owner of land in the district.

Officers of the board of directors.

13. Salary of members of board of directors.

14.

15.

Board to meet at least once a year. Secretary and treasurer to hold office during pleasure of the board. Moneys collected by sheriff to be paid to the treasurer. Treasurer to give bond.

Sheriff to make annual settlement with the treasurer.

16. President of board to contract for levee work. Manner of letting same.

17.

Work must be satisfactory to engineer appointed by the board.

18. Board to hold an annual meeting in May of each year; three members to constitute a quorum for business. President to present statement of financial condition, etc.

19.

20.

21.

Rate of Taxation.

Board may borrow money and issue bonds in payment.

Board may purchase part of bonds whenever there is a surplus in excess of three thousand dollars.

r

22. Bonds to be signed by the president, countersigned by the secretary, and register of same kept by the treasurer.

23. Treasurer must note on register facts of payment, surrender or cancellation of bonds, etc.

24. Moneys borrowed to be paid into treasury of levee board.

25. Bonds to be lithographed and registered.

26. No bond or coupon to be pledged for debt of directors, etc.

27. No compensation to be allowed for receiving or paying out proceeds of bonds, except for brokerage.

28. Revenues of district pledged to redeem bonds.

29.

30.

31.

After five years sinking fund shall be created.
Authority to pay interest and principal irrepealable.

Under certain conditions board may be required to vote a
tax levy for the payment of interest and bonds.

32. Conveys certain lands of the State to the levee board, same to be exempt from taxation for ten years.

33. Persons livng in said district may be ordered out in emergency to work on the levee.

34. Unlawful for pigs, hogs and shoats to run at large on the levee.

35. Parties allowing said animals to run at large may be fined. 36. Act in force from passage.

Be it enacted by the General Assembly of the State of Arkansas:

SECTION I. That all that part of the territory lying in Lafayette County, Arkansas, within the following boundaries, to-wit: Commencing at a point near the Hempstead County line, where the high lands or "hills" join the overflow lands or "bottoms" of Red River, said point being the one located by the engineer who made the preliminary survey, for this levee, and being in section three (3), township fifteen (15) south, range twenty-five (25) west, being the point where the levee commences that is at present, built extending from the "hills" about three-fourths of a mile to the high lands near the river

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