SHALL BECOME DUE; AND PROVIDING FOR AND AUTH- Be It Enacted By the Legislature of the State of Idaho: SECTION 1. That a wagon bridge, together with approaches shall be constructed across Snake River, between Cassia and Lincoln Counties in the State of Idaho, at a point north of the north end of Overland Avenue of the Village of Burley, the same being on the north and south center line of Section Seventeen (17), Township 10 South, Range 23 East of the Boise Meridian. SEC. 2. There is hereby created a bridge commission which shall consist of the State Engineer, who shall represent the State in his official capacity without additional compensation, and two other members, one to be appointed by the Board of County Commissioners of Cassia County and the other to be appointed by the Board of County Commissioners of Lincoln County, who shall receive for their services as such commissioners, the sum of five dollars ($5.00) per day for each day actually expended in the performance of their duties as such commission together with their actual and necessary expenses while actually and necessarily engaged in the discharge of their duties as such commissioners; Provided, however, That in no case shall the compensation of said two commissioners exceed one hundred dollars ($100) each. SEC. 3. Said bridge commission shall meet and organize within twenty (20) days after receiving notice from the State Treasurer that the bonds hereinafter provided for have been sold. It shall be the duty of said bridge commission to supervise, direct and inspect the construction of the said bridge and approaches; to supervise and control the disbursements of all funds provided and appropriated by this Act or otherwise or as much thereof as shall be necessary for the construction of said bridge; to procure and approve plans and specifications; advertise for and receive bids for the construction thereof; enter into a contract with the lowest and best responsible bidder; to receive the same when completed and certify the completion thereof to the Governor of the State of Idaho. SEC. 4. Said bridge and approaches thereto shall be constructed according to such plans and specifications as may be approved by the commission provided for in Section two (2) of this Act; Provided, however, That the said bridge shall be constructed with not less than one (1) steel span. SEC. 5. The abutments and piers upon which said bridge shall rest shall be either stone or concrete, as the said commission shall determine, but piling and timbers may be used in the construction of the same in the discretion of the said commission. SEC. 6. The construction of the said bridge shall be let by contract to the lowest and best responsible bidder. Said commission shall advertise for bids for the construction of said bridge at least once a week for three weeks in any three papers that may be selected by said commission. Each bid shall be accompanied by a certified check equal to seven (7) per cent of the amount of the bid, as a guarantee that, if his bid shall be accepted, the bidder will enter into a contract and execute a good and sufficient bond for the construction of said bridge according to the plans and specifications and the terms of the contract. SEC. 7. Upon completion of the said bridge and the issuance of certificate thereof as provided by Section three (3) of this Act, the commission provided for in said Section shall no longer exist. SEC. 8. The costs and charges for making surveys, drawing of plans and specifications and the expense and per diem of the commission provided for in Section two (2) of this Act, (in case said commission performs the duties and exercise the powers set forth in section three (3)); shall be included as a part of the cost and value of said bridge, as hereinafter mentioned; but the cost of procuring a right-of-way thereto shall not be construed as a part of the cost and value of said bridge. SEC. 9. When completed, accepted and paid for said bridge shall become the property of the counties in which it is situated. SEC. 10. That for the purpose of furnishing a portion of the money to be used in building and constructing said bridge, and paying the other expenses that may be incurred by virtue of the provisions of this Act, a loan of ten thousand dollars ($10,000) is hereby authorized to be negoti ated on the faith and credit of the State of Idaho, and the Treasurer of the State is hereby authorized, empowered and directed to issue bonds of the State, in the denomination of One Thousand Dollars ($1,000) each and in the sum of Ten Thousand Dollars ($10,000) payable in twenty years from the date of their issuance, to bear interest at the rate of five per centum (5%) per annum, payable semi-annually on the first days of January and July of each year, at a place to be selected and designated by the State Treasurer but said bonds shall be redeemable, at the pleasure of the State, at any time from and after ten (10) years from the date of their issuance and shall be numbered from one (1) to ten (10) consecutively. The Treasurer of the State is hereby directed, authorized and empowered to cause to be printed or lithographed suitable bonds in proper form with coupons attached; all such bonds shall be signed by the Secretary of State with his own proper name, affixing his official character, and shall be authenticated by the great seal of the State and shall be signed or endorsed by the Governor of the State with his own proper name, affixing his official character, and shall then be delivered by the Secretary of State to the State Auditor who shall make and keep a register of such bonds, showing the number and amount of each bond, and then deliver the same to the Treasurer of the State and charge him on the official books of the Auditor's office with the full amount of such bonds; Provided, That such bonds may be issued and sold from time to time as the work progresses and the money is needed in payment of the contract herein provided and other expenses incident to the construction of said bridge. SEC. 11. At the time of issuing said bonds under the provisions of this Act, the State Treasurer shall sign them with his own proper name, affixing his official character, and shall in like manner sign the coupons thereto attached and such signing shall bind the State. The coupons for the payment of interest shall be attached to said bonds in such a manner that they may be removed without injuring or mutilating the bonds, and shall be severally numbered from one (1) to ten (10) inclusive, each bearing the corresponding number of the bond to which they are attached. The Treasurer shall keep a record of all the bonds issued and shall deliver said bonds with coupons attached as aforesaid, to the purchaser or purchasers upon receipt of the purchase money therefor; and the money received from the sale of bonds herein provided for shall be used in the construction of said wagon bridge, and for the payment of other expenses as provided for in this Act, and said money shall be paid out as herein provided. Provided, however, That none of such bonds shall be sold for less than their face or par value. The expense of printing or lithographing and procuring suitable bonds with coupons attached, shall be paid out of the fund arising from the sale of the same as an expense incident to the construction of said bridge. SEC. 12. The said sum of Ten Thousand Dollars ($10,000) to be raised by the issue of bonds as herein provided is hereby appropriated for the purpose of building and constructing the said wagon bridge and approaches thereto, as herein designated, authorized and provided. SEC. 13. For the purpose of creating a sinking fund to pay the interest, coupons and the principal of said bonds, in addition to the taxes now imposed by law, an additional ad valorem tax of one-half (12) of one (1) mill upon each one hundred dollars, ($100.00) of the assessed valuation of all property in the State, not exempt from taxation, is hereby levied and shall be collected as are other taxes for State purposes. All money received by the State Treasurer as the proceeds of the tax hereby levied shall be set apart by him and shall constitute a separate and distinct fund, to be known as the "Burley Wagon Bridge Fund" and the State Treasurer shall pay the interest on said bonds when due, out of said bridge fund, taking the coupons as vouchers therefor and after the expiration of ten (10) years from the issuance of any said bonds, whenever there shall be one thousand dollars ($1,000) or more in said bridge fund over and above the amount required for the payment of interest coupons due or to become due within the ensuing six (6) months, the State Treasurer shall use such surplus money in the redemption of said bonds in the order of their number and date of issuance of which the Treasurer shall give notice by publication once a week for four (4) consecutive weeks in some newspaper published at the State Capital and from the date of the last publication of such notice, the bonds proposed to be rendered shall cease to draw interest, and if any such bonds shall not be presented within sixty (60) days from the date of the last publication of such notice, the Treasurer shall apply the funds to the redemption of the bonds next in order by number and date of issuance. SEC. 14. If at any time there shall not be sufficient money in said bridge fund to pay the interest coupons or the principal of such bonds when due, the State Treasurer shall pay the same out of the general fund of the State and shall replace the amount so paid, out of the bridge fund, whenever money intended for said fund shall be received. SEC. 15. If at any time prior to the time when the bonds herein provided for shall become subject to redemption, the amount of money in the sinking fund provided for in Section thirteen (13) of this Act, shall exceed the amount required for the payment of interest coupons of such bonds due or to become due within the next ensuing twelve (12) months, the State Treasurer shall use such surplus in payment of any warrants drawn upon the State Treasury by the State Auditor and presented for payment and not paid for want of money in the fund upon which they are drawn, and shall register and endorse such warrants in the manner provided by Section 125 of the Revised Codes of Idaho, place the same so endorsed to the credit of the sinking fund aforesaid, and such warrants shall bear interest and be payable in due course as other outstanding warrants, and when paid the principal and interest thereof shall be and become a part of the said sinking fund aforesaid and shall be in like manner reinvested until such bonds become redeemable as aforesaid. SEC. 16. For the payment of the bonds herein authorized and the interest thereon, according to the strict terms thereof, the faith of the State of Idaho is solemnly pledged and for the payment of the interest as the same shall accrue on the bonds herein authorized, the Treasurer shall reserve any and sufficient of the funds in his hands at the least possible cost, in preference to all other claims whatsoever, except the interest on other State bonds heretofore issued under the laws passed by the Legislature. SEC. 17. The Treasurer shall, immediately upon the passage and approval of this Act, commence negotiations for the issuance and sale of the bonds herein provided for. SEC. 18. The bridge herein provided for may at all times be used in accordance with the general laws of this State by the United States or any of the residents or citizens thereof, free of charge or toll of any kind. SEC. 19. After the completion and acceptance of said bridge, the boards of county commissioners of Cassia and Lincoln Counties shall cause the same to be maintained and repaired as are the public bridges within said Counties, each board repairing so much of said bridge as shall be within its respective county; Provided, however, That nothing contained herein shall be construed as waiving any rights the State may have in or to said bridge or any rights to legislate in the future regarding the same. SEC. 20. All warrants drawn upon the bridge fund hereby created and not paid on presentation shall draw interest from the date of presentation, at the same rate as warrants drawn upon the general fund of the State Treasury. |