sand dollars; and may employ a competent clerk and stenographer, at a salary of twelve hundred dollars Stenographer. per annum; and may also appoint a competent bookkeeper, at a salary of twelve hundred dollars per annum. The State Highway Commissioner shall require the employes of the Department to give bond Bonds. for the faithful performance of their duty, in suitable and reasonable amounts. Report to Gov ernor. Section 2. The State Highway Department shall be provided with suitable rooms in the State buildings officers. at Harrisburg, and its offices shall be open at all reasonable times for the transaction of public business. The State Highway Commissioner shall carry into effect the provisions of this act and all acts of Assembly providing for the co-operation of the State in the construction and maintenance of public highways. He shall have charge of the records of the Records. State Highway Department; and shall each year subImit to the Governor of the Commonwealth a full report of the operations of the Department, the number of miles, cost and character of the roads built under its direction, detailed statements of the expenses of the Department, and such other information concerning the condition of the public roads of the State and the progress of their improvement as may be proper. Section 3. The supervisors or commissioners of any township in any county of the Commonwealth may petition the county commissioners of said county to Petition to the make application to the State Highway Department stoners. for the co-operation of the State in the reconstruction or permanent improvement of any principal highway within the said township or any section thereof which is much used as a thoroughfare by the people of said township and the neighboring townships, cities and boroughs, agreeing, by resolution, to assume for said Resolution. township the proportionate share of the expense of county commis said improvement, as hereinafter provided. A cash Cash road-tax. road-tax shall be levied by each township where such road improvement is being made, to meet the cost of such permanent road improvement as is provided in this act: Provided, That it shall be lawful for any Proviso. township to incur indebtedness or to issue bonds, in the manner authorized by law, for the payment of the said township's share of the cost of any highway improvement undertaken under the provisions of this act. Section 4. If within thirty days after the receipt of any petition for highway improvement in any township, under the provisions of this act, a petition, signed by the owners of a majority of the assessed valuation of real estate in said township, is received by the county commissioners of the county in which said Payment of town ship's share of cost. Protest. Petition of taxpayers. Refusal or neglect. Petition to the court. Order of court. Petition of supervisors or commissioners. Resolution, petltioning State township is located, protesting against said proposed expenditure upon the part of the township, then the county commissioners shall take no action on said petition for improvement, but shall return the same to the supervisors or commissioners from whom it was received. Section 5. Upon the receipt of a petition, signed by the owners of a majority of the assessed valuation of real estate in any township, requesting the application by said township for the improvement of any highway in said township according to the provisions of this act, it shall be the duty of the supervisors or commissioners of said township to petition the county commissioners, in the manner hereinbefore described. If the supervisors or commissioners of said township refuse or neglect to act upon the petition of the owners of a majority of the assessed valuation of real estate in said township, the said owners of a majority of the assessed valuation of real estate, or any of them, may petition the court of quarter sessions, of said county, for an order directing the supervisors or commissioners of said township to petition the county commissioners of said county to make application to the State Highway Department for the co-operation of the State in said highway improvement; and upon receipt of such petition, it shall be the duty of the said court of quarter sessions to, and the said court may, then issue an order directing the supervisors or commissioners of said township to petition the county commissioners or the State Highway Department, as herein provided. Section 6. The county commissioners of any county shall, upon the presentation to them of a petition from the supervisors or commissioners of any township, or of two or more adjoining townships, representing that any principal highway or section thereof, lying within said township or townships, is in need of reconstruction, and setting forth that said township or townships desire to take advantage of the provisions of this act to improve said highway, pass a resolution pe Highway Depart- titioning the State Highway Department to undertake the improvement of the highway specified in the petition from the township or townships aforesaid, and authorizing the assumption by the county of its share of the expense of said improvement: Provided, That where the county commissioners petition the State Highway Commissioner for the improvement of a public road or parts thereof, they shall state the kind of material to be used or available for such road. ment. Section 7. The supervisors or commissioners of any adjacent townships, in the same county, in which any portion of a principal highway running into or through adjacent town ships. said township may lie, may, by resolution, jointly Joint petition of petition the county commissioners of their county to make application to the State Highway Department for the co-operation of the State in repairing or rebuilding said highway, as herein provided. commissioners do Section 8. In case the county commissioners of any In case county county shall neglect or refuse to act upon the petition not act on townof any township or townships for highway improve. ship's petition. ment, as herein provided, or shall refuse to petition the State Highway Department for State aid in such proposed improvement, after said township or townships shall have complied with the conditions of this act in petitioning said county commissioners, the supervisors or commissioners of said township or townships may, through their proper officers, petition May petition the court of quarter sessions of said county for the appointment of a jury of view to examine into the necessity of said proposed highway improvement; and, upon the said jury of view making a report favorable to said improvement, and with the approval of the court, it shall be the duty of, and the court may by order require, the said county commissioners to peti- Order of court, tion the said State Highway Department for the cooperation of the State in the said proposed highway improvement, in the manner herein provided. Said court. jury of view to be appointed and compensated in the Jury of view. same manner, and to have the same powers, as juries of view for laying out or changing public roads have by existing law. commissioners, Examination. Section 9. Whenever the county commissioners of Petition of county any county shall represent by petition to said State Highway Department that any principal highway in said county, outside of the corporate limits of any city, is not in a satisfactory condition for comfortable or economical travel, and ought to be reconstructed under the provisions of this act, it shall be the duty of the State Highway Commissioner to examine such highway, or instruct one of his assistants so to do; and if, in the judgment of the State Highway Commissioner, said representation is well-founded, he shall determine what changes should be made in said existing highway, what portion of it should be improved and in what manner, and shall make the necessary surveys, prepare accurate plans, and make careful detailed estimates of the expense of the work etc. which in his opinion, should be done, and report the same to the county commissioners of the county and the supervisors or commissioners of the township or townships in which the said highway may lie. If the said county commissioners and township supervisors or commissioners then decide that it is advisable to go on with the work, as hereinafter provided, and make the required agreements, as hereinafter speci 21 Laws. Surveys, plans, Report. Contract with county and township. Apportionment of cost. Proviso. State aid. Proviso. If quota is not applied for. fied, the State Highway Department may, if the funds at its disposal permit of so doing, contract jointly with the county and township, or townships, in which said highway lies, to carry out the recommendations of the State Highway Commissioner; the cost of the same, including all the necessary surveys, grading, material, construction, relocation, changes of grade, and expenses in connection with the improvement of said highway, to be borne seventy-five per centum by the State, twelve and one-half per centum by the county, and twelve and one-half per centum by the township or townships in which the portions of said. highways, improved as herein provided, may lie: ProApportionment of vided, That the State aid shall be apportioned among the several counties of the Commonwealth according to the mileage of township or county roads in said counties, but the said amount shall remain in the State Treasury until applied for under the provisions of this act: Provided, That if the appropriation, so apportioned by the State, shall not be so applied for before the first day of May in each year, the amount so apportioned and set aside for that county, or the amount thereof not applied for, shall be apportioned, as herein provided for, to the counties that had, in that year, applications requiring the expenditure of a sum greater than the amount of their apportionment: Provided, 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: And provided, That counties and townships may agree among themselves to contribute their combined proportion of the twenty-five per centum of the total expense of construction, herein provided to be borne by them, in different proportions from that hereinabove specified: Provided further, That any township which shall agree to pay the one-fourth cost of constructing any such road, as herein before mentioned, may make application direct to the State Highway Department: Roads constructed And provided, That any county taking township roads, with a view of constructing them under the provisions of the act of June twenty-sixth, one thousand eight hundred and ninety-five (Pamphlet law, three hundred and thirty-six), and supplements and amendments thereto, shall be entitled to receive the same amount of State aid hereinbefore specified; but the work of construction shall be done under the supervision of the State Highway Department, the same as any other road reconstructed under the provisions of this act. Proviso. Proviso. Proviso. under act of June 26, 1895. Highways shall conform to standard. Section 10. All highways improved under the provisions of this act shall conform to the standard of construction established by the State Highway De partment, as best adapted to the locality in which they may be located, with due regard to the topography and natural conditions and the availability of road-building materials, and shall be constructed according to the best engineering practice. No section of highway improved under this act shall be less than one-half Minimum dimenmile in length, nor shall the improved portion thereof be less than twelve feet in width. So far as is consistent with the just and equitable administration of this act, the State Highway Department shall encourage a general system of highway improvement. sions. done by contract. Section 11. All work done under the provisions of All work shall be this act shall be by contract, according to plans and specifications to be prepared by the State Highway Commissioner, as hereinbefore provided; and, in awarding said contracts, the work shall be given to the lowest and best bidder, with the option upon the part of the State Highway Commissioner to reject any or all bids, if the prices named are materially Bids and option. higher than the estimated cost of the work, as provided for. Every person, firm or corporation, before being awarded any contract for the construction or improvement of any highway under the provisions of this act, shall furnish a bond, acceptable to the State Contractor's bond. Highway Commissioner, in a sum equal to the contract price of the work, conditioned upon the satisfactory completion of the same, and to save harmless the State, county and the township, or townships, in which the work may lie, from any expense incurred through the failure of said contractor to complete the work as specified, or for any damages growing out of the carelessness of said contractor or his or its servants. proposals. Section 12. Advertisements for proposals for the Advertisement for reconstruction or improvement of highways under the provisions of this act shall be given by the State Highway Commissioner, at least twenty days before the contracts may be awarded, by public notice in at least two newspapers of general circulation in the county in which the highway to be improved is located; such advertisement to designate where the plans and specifications may be had, and the time and place of the reception of bids and the letting of the contract. The State Highway Commissioner may, in his discretion, insert the same advertisement in other papers. Section 13. Any township may, through its supervi- Townships may sors or commissioners, be authorized to bid for the construction of such portion of any highway improvement, undertaken under the provisions of this act, as may lie within its limits; and any township submitting such bid shall have the same consideration as other bidders, and, if awarded the contract, shall fulfill the bid and contract. |