Contracts to be in the name of the Commonwealth. Approved by the same, and be subject to the same regulations as are laid down for other bidders. 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 tl. Commonwealth of Pennsylvania, and shall be signed by the State Highway Commissioner and attested by the chief clerk of the Department, and shall be approved, as to form and legality, by the Attorney General or Deputy Attorney General of the Commonwealth. 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 commissionproved and fled. ers of the county and the supervisors or commissioners 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 ap proved as to form and legality by the Attorney General or the Deputy Attorney General of the Commonwealth. Written agreement to be ap Section 15. Upon the completion of any highway, rebuilt or improved under the provisions of this act. the State Highway Commissioner shall immediately Apportionment of ascertain the total expenses of the same, and appor total expense. tion the said total expense between the State, the county and the township or townships, in the proportion herein before provided; and in case the said improved highway shall extend into or through two or more townships, he shall apportion the proportion of the expense, aforesaid, to be borne by each township among the several townships, in the same proportionate parts as the cost of the improvement within each township shall bear to the whole expense of the improvement which has been made according to the provisions of this act; and the said State Highway Commissioner shall certify the total expense of said improvement to the State Treasurer, To be certified to the county commissioners, and the supervisors or county commis sioners, etc. Damages. commissioners of the township or townships in which the improved highway has been constructed, respectively, as hereinafter provided, specifying the amounts to be borne by the State, the county, and the township, or each township. Section 16. The Commonwealth of Pennsylvania shall not be liable to any person or corporation for damages arising from the rebuilding or improvement of any highway under this act, nor shall the State engage to keep such highway in repair after the same shall have been rebuilt or improved, except to extend the aid in maintenance herein provided. In case any person or persons, or corporations, shall sustain When portion of highway is within borough. Section 17. Where a portion of an important main highway, traversing one or more townships, and for the improvement of which according to the provisions of this act application has been made by said township or townships, shall lie within the limits of, or traverse, any borough or boroughs, and where the failure of said borough or boroughs to improve the said highway would leave a break or unimproved section in a continuous improved highway, it shall be lawful for the county commissioners of the county in which said highway is located, to enter into an agreement Agreement with with said borough or boroughs to bear a portion of the expenses of said improvement of the highway within the borough limits, in the same manner as is herein provided for co-operation between the counties and townships: Provided, That an improved road shall Proviso. have been previously constructed, in an adjoining township or borough, to the line of the borough making application. The State Highway Department may, if the State Highway Commissioner so recommends, bear a portion of the expense of said improve- State may bear ment of said highway within said borough limits; but in no case shall the portion of said expense to be borne by the State exceed seventy-five per centum of the total expense of said improvement. Boroughs shall only receive aid from the State, as aforesaid, in cases where failure to receive such aid would prevent a continuous improvement of an important main highway: Provided, That any borough which is will Proviso. ing to pay the one-fourth the cost of constructing any such road, as hereinbefore mentioned, may make application direct to the State Highway Department. portion of expense. Limit. ways. All improvements made in borough highways, as Borough highherein provided, shall be of a character similar to that specified for the township or townships through which the highway to be improved passes in reaching said borough and boroughs, and the plans and specifica tions for the work shall be approved by the State Highway Department; and the completed work shall Approval of work. be approved by said Department before any warrant shall be issued for the State's share in such improvement, as herein provided. It shall be the duty of the proper officers of said borough or boroughs, charged with the maintenance of the streets and highways of said borough or boroughs, to keep and maintain said improved highway, within the borough limits, in a condition to conform to the standard established by the State Highway Department for the maintenance of similar highways. Maintenance. Treasurer. County's share. Commissioner's certificate to the State Treasurer. Section 18. The total expense of highway improvement or maintenance, under the provisions of this act, Payment by State shall be paid by the State Treasurer, upon the warrant of the State Highway Commissioner, attested by the chief clerk of the State Highway Department, out of any specific appropriations made by the Legislature to carry out the provisions of this act. The share of the county, in which said highway improvement as herein provided has been made, shall be paid to the State Treasurer by the county treasurer, upon the order of the county commissioners. The share of the Township's share. township or townships, or of the borough or boroughs, in which the said highway improvement, as herein provided, has been made, shall be paid to the State Treasurer by the township supervisors or commissioners, or by the borough treasurer, respectively, as other debts of said township or borough are paid. Upon the completion of any highway improvement, the State Highway Commissioner shall certify to the State Treasurer and to the county commissioners and township supervisors, or borough authorities, as the case may be, the respective shares of said county and township, or borough. If the said shares of county and township, or borough, either or both of them, shall not be paid to the State Treasurer within thirty days after being certified to by the State Highway Commissioner, as hereinbefore specified; then the said shares of county and township or borough, either or both of them, remaining unpaid, shall be charged by the State Treasurer against any funds of said county which may be in the hands of the State Treasurer, or which may thereafter come into his hands. The amounts paid under this act to the State Treasurer by counties, townships and boroughs, shall be placed by him to the credit of the fund for road construction. The State Highway Commissioner may make partial payments to any contractor performing any highway improvement, as the same progresses; but not more than seventy-five per centum of the contract price shall be paid in advance of the full completion of said improvement. At least twen Failure to pay. Fund for road construction. ty-five per centum of the full contract price shall be withheld until the work is satisfactorily completed, and has been accepted by the State Highway Commissioner. strued. Section 19. The word "highway," as used in this act, "Highway" conshall be construed to include any existing causeway or bridge, or any new causeway or bridge, or any drain or water-course which may form a part of a road, and which might properly be built, according to existing laws, by the township or townships; but shall not include causeways or bridges which should properly be built by a county or by the State. ways." Section 20. All highways, or portions of highways, constructed or improved under the provisions of this act, shall thereafter be known as "State Highways;" "State Highbut, so far as the same may be within the limits of any township, shall be kept in repair, so that they may be maintained at the standard of condition prescribed for highways of their class by the State Highway Department, at the expense of said township; but the supervisors or commissioners of any township possessing improved highways may ask for and receive State aid for the maintenance of the same, as hereinafter provided. It shall be the duty of the supervisors or Duty of supercommissioners of every township in which said State visors, etc. highways may lie, to maintain the same generally at a reasonable standard, prescribed for such roads by the State Highway Department: Provided, That no street railway shall hereafter be constructed upon Street railways. any portion of a highway which has been or may be hereafter improved under the provisions of this act, except under such conditions and regulations as may be prescribed by the State Highway Commissioner. Any person who shall, by the use of rough locks or drag-locks upon wagon wheels, or by any other method, or in any other manner, wilfully or mali ciously destroy or damage any improved highway in Malicious damage. this Commonwealth, shall be deemed guilty of a misdemeanor, and, upon arrest and conviction therefor, shall pay a fine of ten dollars for each and every Fine. offense; which fine shall be recoverable as in similar cases, upon complaint of any person before a justice of the peace, and the fine so recovered shall be paid to the supervisors of the township wherein the offense was committed, for the use of the road fund of said township. improved highways. Section 21. All highways improved under the pro- Construction of visions of this act shall require the construction of a macadamized road, or a telford or other stone road, or a road constructed of gravel, cinder, oystershells or other good materials, in such manner that the same, of whatever material constructed, will, with reasonable repairs thereto, at all seasons of the year Selection of material. Maintenance of highways. maintenance fund, be firm, smooth and convenient for travel. 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 22. Ten per centum of the amount available for highway purposes, under the provisions of this act, shall be set aside for the purpose of maintenance of Apportionment of highways, as hereinafter provided; and shall be apportioned by the State Highway Commissioner among the townships or counties, applying for the same, in proportion to the mileage of improved highways made under the provisions of this act, or which have already been made or may hereafter be made at the expense of such townships or counties, and which are of the standard prescribed by the State Highway Department for improved highways. State aid in maintenance. Sworn petition. Section 23. Whenever the supervisors or commissioners of any township or county shall desire State aid for the purpose of maintenance of improved highways, whether State highways improved under the provisions of this act, or otherwise, it shall be the duty of said supervisors or commissioners to file with the State Highway Department, on or before the first day of May, in each year, a sworn petition requesting such State aid, and setting forth the number of miles of highways improved, according to the standards of the State Highway Department, in said township, and the cost of the same to said township, together with the condition of said improved highways and the average annual cost of maintaining the same. In cases where State aid is given for maintenance of any highway, the said supervisors or commissioners shall include in their next annual application for State Sworn statement. maintenance aid a sworn statement showing, in detail, the manner in which the aid previously received was expended. The State Highway Commissioner, if in his judgment the conditions warrant the co-operation of the State in maintaining said highways, shall ap portion to said township or county its proportion of the total amount available for the maintenance of improved highways, as herein before provided; and the said amount shall be paid to the said supervisors or commissioners by warrant of the State Highway Department; but in no case shall the amount thus given Apportionment. |