AN ACT

To establish a state highway department by the appointment of a state highway commissioner and assistants, and defining the powers and duties of the office, and to provide for a system of state, county and township co-operation in the permanent improvement of public highways.

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

SECTION I. A state highway department shall be established by the appointment of the Governor of the state with the advice and consent of the Senate, for a term of four years, of a state highway commissioner, who shall be a competent civil engineer, and experienced in the construction and maintenance of improved roads. Said state highway commissioner shall receive a salary of two thousand five hundred dollars per annum, and shall be allowed his actual traveling expenses, not exceeding five hundred dollars, while officially employed. He shall furnish a bond in the sum of twenty-five thousand dollars for the faithful performance of his duty, said bond to be approved by the Governor, and he shall give his whole time and attention to the duties of his office. Provided, further, that the state highway commissioner may appoint, as the work of the department requires and subject to the approval of the Governor, one assistant who shall be a capable and competent civil engineer and experienced in road building, who shall receive an annual salary of one thousand five hundred dollars, and shall be allowed his actual traveling expenses, not to exceed five hundred dollars, when on official business; and he may also appoint a chief clerk, at an annual salary of ten hundred dollars per annum, and may employ an additional clerk who shall be a competent stenographer, at an expense not to exceed eight hundred dollars per annum. The state highway commissioner may require the employes of the department to give bond for the faithful performance of their duty, in suitable and reasonable

amounts.

SECTION 2. The object and purpose of this department shall be to instruct, assist and co-operate in the building and improvement of the public roads, under the direction of the highway commissioner in such counties and townships of the state of Ohio as shall comply with the provisions of this act. The highway commissioner may make inquiries in regard to systems of road building and management throughout the United States, and make investigations and experiments in regard to the best methods of road making and the best kinds of road material and to investigate the chemical and physical character of road materials, and has authority to pay freight and express charges on samples. of material and other necessary expenses in making such investigation and to prepare, publish and distribute bulletins and reports on the subject of road improvement.

SECTION 3. The county commissioners in any county of this state may, at any time, by resolution, direct that any public road or section of road, located within said county, being at least one mile in length, or. being less than one mile in length, is an extension or connection with some permanently improved or paved street, be improved by the construction of a macadamized road, or a telford or other stone road, or a road constructed of gravel, brick or other suitable material, in

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such manner that the same, of whatever material constructed, shall with reasonable repairs, thereto, at all seasons of the year, be firm, smooth and convenient for travel; or whenever a road or section thereof is petitioned for by the owners of 51 per cent. of the lineal feet along said road, or section thereof praying the board of county commissioners to cause such road to be improved under this act, it shall be the duty of the board to grant such petition, if after viewing such road said board of county commissioners shall decide the improvement of such road to be just and to the best interest of the public, subject to the conditions as hereinafter provided; when more roads are applied for than can be constructed in one year, the board of county commissioners and state commissioner of public highways shall have power and authority to select from the roads petitioned for, the ones first to be constructed, having first regard to the most important roads and the distribution of the benefits of this act to all parts of the county; and the county commissioners shall before approval of any road, require as condition. of said approval, that the township or townships through which said. road runs shall pay twenty-five per cent. of the cost of said improvement, said improvement to be approved in the resolution or resolutions passed by the trustees of the township through which said road runs, said payment to be applied to the improvement of road construction under this act.

SECTION 4. The state highway commissioner shall upon receipt of any such application investigate and determine whether the highway or section thereof sought to be improved is of sufficient public importance to come within the purpose of this act, taking into account the use, location and value of such highway or section thereof for the purposes of common traffic and traveling, and after such investigation, shall certify his approval or disapproval of such application. If he shall disapprove such application, he shall certify his reasons therefor to the board of county commissioners making the application.

SECTION 5. If the highway commissioner shall approve of such application, he shall cause the highway or section thereof, therein described, to be mapped both in outline and profile. He shall indicate how much of such highway or section thereof may be improved by deviation from or alteration of the exisiting lines whenever it shall be deemed of advantage to obtain a shorter or more direct road without lessening its usefulness; or whenever such deviation or alteration is of advantage by reason of lessened gradients, and shall cause plans and specifications of such highway or section thereof to be made for telford, macadam or gravel roadway, or other suitable construction, taking into consideration the climate and soil, and the material to be had in the vicinity thereof, and the extent and nature of the traffic likely to be upon the highway, specifying in his judgment the kind of road a wise. economy demands. The improved or permanent roadway of all highways so improved shall not be less than eight nor more than sixteen feet in width, unless for special reasons to be stated by such highway commissioner it is required that it shall be of greater width. All highways improved under the provisions of this act shall conform to the standard of construction established by the state highway department.

SECTION 6. Upon the completion of such maps, plans and specifications of a proposed improvement the state highway commissioner shall cause an estimate to be made of the cost of construction of the same, and transmit the same to the board of county commissioners from which such resolution proceeded, together with a certified copy of such

maps, plans and specifications, and of his certificate of the approval of the highway or section thereof so designed as aforesaid.

SECTION 7. After the receipt thereof upon a majority vote of such board of county commissioners, it may adopt a resolution that such highway or section thereof so approved shall be constructed under the provisions of this act, or of any existing act, and thereupon shall transmit a certified copy of such resolution to the state highway commissioner.

SECTION 8. In case such proposed highway shall deviate from the existing highway, the officials making application must provide for securing the requisite right of way by condemnation proceedings or otherwise, prior to the actual commencement of the work of improvement.

SECTION 9. That upon the receipt of the application and certified copy of the resolution provided for in Section 7 the state highway commissioner shall advertise for bids for two successive weeks in two newspapers of general circulation and of opposite politics, published in the county in which the road is to be built, according to said plans and specifications which shall be on file at the county commissioner's office and shall award such contract to the lowest responsible bidder, subject however, to the approval of the county commissioners, provided, that nothing herein shall prevent the township trustees within [any] township where such improvement is to be made from bidding and entering into contract to build or repair such roads. No contract shall be awarded at a greater sum than the estimate provided in Section 7; provided that when bids are received for such improvement, they shall be sealed bids which shall be opened at a time certain, and shall be protected with such other regulations as may be imposed by the commissioners, necessary to secure fair bids. But if no bid otherwise acceptable be made within such estimate, such highway commissioner may amend his estimate, certify the same to the board of county commissioners, and upon the adoption by it of a resolution as provided in Section 6, based on such amended estimate, proceed anew to obtain bids and award the contract as herein provided. Said highway commissioner may reject any or all bids and before entering into any contract for such construction, he shall require a bond with sufficient sureties, or by a surety company of recognized standing conditioned that if the proposal shall be accepted the party thereto will perform the work upon the terms proposed and within the time prescribed and in accordance with the plans and specifications, and as a bond of indemnity against any direct or indirect damages that shall be suffered or claimed during the construction of such road and until the same is accepted. The state of Ohio shall in no case be liable for any damages suffered.

SECTION 10. Upon the completion of any highways rebuilt or improved under the provisions of this act, the state highway commissioner shall immediately ascertain the total cost and expense of the same and apportionment of the total cost and expenses between the state, the county and the township or townships and abutting property, and the state highway commissioner shall certify the total expense of said improvement to the county commissioners and to the trustees of the township or townships and abutting property owners respectively, signifying the amounts contracted to be borne by the state, the county and the township or townships, and the abutting property as provideď by this act.

SECTION II. One-fourth of the cost and expense of the construction thereof shall be paid by the treasurer of the state of Ohio on the warrant of the state auditor issued upon requisition of the state highway commissioner out of any specific appropriations made to carry out the provisions of this act, and three-fourths of the cost and expense thereof shall be a county charge in the first instance, but one-third of said three-fourths or twenty-five per cent. of the whole shall be paid by the township or townships as hereinafter provided and said threefourths shall be paid by the treasurer of the county in which such highway or sections thereof, is located, upon the order of the county commissioners upon the requisition of the state highway commissioner out of any funds in the county treasury for the construction of improved highways under the provisions of this act. But the amount so paid shall then be apportioned by the county commissioners between the county, township or townships and the abutting property as provided by this act.

SECTION 12. In apportioning the 25 per centum that shall be paid by the township, 10 per centum shall be a charge upon the whole township and 15 per centum a charge upon the abutting property. The township trustees shall apportion the amount to be paid by the abutting property according to the benefits accruing to the owners of the land so located, according to the best judgment of said trustees, upon at least ten days' notice of the time and place of such apportionment to the persons affected thereby and after such persons have had an opportunity to be heard in manner and form as provided in sections 4637-4, 4637-5, 4637-6 and 4637-7 of the Revised Statutes of Ohio and shall certify the result of their distribution to the county auditor who shall place the same upon the tax duplicate against the property benefited and the same shall be collected by the treasurer of the county in the same manner as other taxes are collected and in such payments as may be approved by the county auditor. The share of the township or townships in which the said highway improvement as herein provided has been made, shall be paid by the township trustees as other debts of said township or townships are paid.

SECTION 13. No money shall be advanced by the state of Ohio or by the county commissioners in payment of the cost and expense of construction provided herein except as the work of actual construction progresses to be paid upon estimates made by engineer in charge of the work, and in no case shall the payment or payments of the state of Ohio and the county commissioners made thus prior to the completion of the work be in excess of eighty per centum of the value of the work performed, and in all casses twenty per centum must be held until the completion of the work, according to the plans and specifications, and every county or township availing itself of the provisions of this act shall, because of having accepted such state aid, contract and bind itself to maintain and keep said road in good and efficient repair, for the free use of the public.

SECTION 14. Every contract authorized to be made by the state highway department, under the provisions of this act, shall be made in the name of the state of Ohio, and shall be signed by the state highway commissioner and attested by the chief clerk of the department, and must be approved by the board of county commissioners of the county in which the improvement is to be made. Provided further that no contract for any highway improvement shall be let by the state highway department, nor shall any work be authorized under the provisions

of this act, until the written agreement of the county commissioners of the county and the trustees of the township, or townships, in which said proposed improvement is to be made, agreeing to assume their respective shares of the cost thereof, as hereinbefore provided, shall be on file in the office of the state highway department, and shall have been approved as to form and legality by the attorney general.

SECTION 15. The construction and improvement of highways and sections thereof under the provisions of this act, shall be taken up and carried forward in the order in which they are finally designated, as determined by the date of the receipt in each case of the certified copy of the resolution provided in Section 7 by the highway commissioner as hereinbefore provided.

SECTION 16. The county commissioners shall have the authority to select the kind of materials to be used in improving any road under the provisions of this act. Any difference of opinion that may arise between the county commissioners and the township road authorities. as to the kind of a road to be built, shall be decided by the state highway commissioner. The state highway commissioner shall furnish to the county commissioners and township road authorities information as to the probable cost of improved highways, as defined in this section.

SECTION 17. The state highway commissioner shall use a competent engineer in surveying and planning highways herein provided for. Said engineer may also be employed in superintending the work of constructing the road improvement made under this act, and the person so employed, shall be compensated not to exceed the price fixed by law for each day actually employed in such service.

SECTION 18. Counties may agree among themselves to contribute their combined proportion of the total expense of construction, herein provided to be borne by them for the construction of County Line Roads in any proportion agreed upon by the several boards of county commissioners, but in no case shall any township or county pay less than ten per centum of the entire expense of such improvements.

SECTION 19. Whenever any turnpike or improved road now constructed is in need of reconstruction, it may be done under the provisions of this act in the same manner as provided for herein for the construction of new improved roads, and all provisions herein applying to the construction of improved roads shall apply to such reconstruction of roads, and such roads must be reconstructed in accordance with the provisions herein. Provided, however, that where the county commissioners petition the state highway commissioner for the reconstruction of such roads, the resolution asking for such improvement shall be accompanied with a map or plan showing the lay-out, lines, profiles, and grade of such highways, and provided, further that the county commissioners shall state the kind of material to be used or available for such roads.

SECTION 20. The money appropriated from time to time by the state for the purposes of carrying out the provisions of this act shall not be used in any other manner or for any other purpose than as herein provided; provided further that the amounts appropriated shall be divided equally among the counties of the state but said amounts shall remain in the state treasury until applied for under the provisions of this act; provided further, that nothing herein contained shall prevent any county and townships from agreeing to appropriate a larger amount for such road improvement than the amounts specified in this act.