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Records of De
Report to the
Petition of county
Harrisburg, and its offices shall be open at all reason- Officers.
Section 3. Whenever the county commissioners of any county shall represent by petition to said State commissioners. Highway Department that any principal highway in said county, outside of the corporate limits of any city or borough, is not in a satisfactory condition for comfortable or economical travel, and ought to be recon. structed under the provisions of this act, and shall furnish to the said Department an accurate plan of the Plans, etc. layout, lines, profile and established grade of such highway, it shall be the duty of the State Highway Commissioner to examine such highway, or instruct Examination. 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 prepare accurate plans and make careful de- Commissioner to tailed estimates of the expense of the work which, in his opinion, should be done, and report the same to the Report to county county commissioners of the county and the super- to supervisors. visors 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 specified, the State Highway Department may, if the funds at its disposal permit of so doing, contract jointly with the county Contract with and township, or townships, in which said highway ship. 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 in sixty-six and two-thirds per centum by Apportionment of the State, sixteen and two-thirds per centum by the cost. county, and sixteen and two-thirds per centum by the township or townships in which the portions of said highway, improved as herein provided, may lie: Pro. Proviso.
prepare plans, etc.
county and town
is not applied
Agreement between county and townships.
Arportionment 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 each county, but the said amount shall remain in the State Treasury until applied for under the provisions of
this act: And provided, That any county constructing Roads constructed county roads under the provisions of the act of June of act of June 26, twenty-sixth, one thousand eight hundred and pinety.
five (Pamphlet law, three hundred and thirty-six), and supplements and amendments thereto, shall be entitled to receive the same amount of State aid as if
said roads were constructed under the provisions of Proviso.
this act: And provided further, That if the appropriaIr apportioned tion, so apportioned by the State, shall not be so apwithin two years. plied for a period of two years after it has become
available, the amount so apportioned and set aside for that county shall be returned to the State Treasury, and added to the appropriation for the current year, and distributed anew under the provisions of this act: And provided further, That nothing herein contained
shall prevent any county and townships from agreeApportionment of
ing to appropriate a larger amount for such road im
provement than the amounts specified in this act: And Proviso.
provided, That counties and townships may agree among themselves to contribute their combined proportion of the thirty-three and one-third per centum of the total expense of construction, herein provided to be borne by them, in different proportions from that hereinabove specified; but in no case shall any town
ship or county pay less than five per centum of the Proviso.
entire expense of such improvements: Provided, That Sworn statement the county commissioners shall furnish, under oath,
to the State Highway Commissioner the total number of miles of township or county public roads, by townships, to the State Highway Commissioner.
Section 4. All highways improved under the provisions of this act shall conform to the standard of construction established by the State Highway Department, 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-fourth mile in length, nor shall the improved portion thereof be less than twelve feet in width. So far as is con
sistent with the just and equitable administration of General system of this act, the State Highway Department shall encour
age a general system of highway improvement.
Section 3. All work done under the provisions of this act shall be by contract, according to plans and specifications to be prepared by the State Highway Commissioner and approved by the county commissioners of the county and the supervisors or commissioners of
of miles of road.
Highways shall conform to standard.
Minimum length and width of improved section.
All work shall be done by contract.
bid and contract.
the township or townships, as hereinbefore provided; and in awarding said contracts the work shall be given to the lowest and best bidder, with the option upon the Bids and option. part of the State Highway Commissioner, the county commissioners, or the township supervisors or commissioners, to reject any or all bids if they consider the same unreasonable, or if the prices named are materially 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 Contractor's bond. the State 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.
Section 6. Any township may, through its supervi Townships may sors or commissioners, be authorized to bid for the construction of such portion of any highway improve. ment, 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 same and be subject to the same regulations as are laid down for other bidders.
Section 7. Upon the completion of any highway, rebuilt or improved under the provisions of this act, the State Highway Commissioner shall immediately ascertain the total expense of the same, and apportion Apportlonment of the said total expense between the State, the county and the township, or townships, in the proportion here. inbefore 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 Commissioner to shall certify the total expense of said improvement pense its enunty to the county commissioners and to the supervisors etc. or commissioners of the township, or townships, in which the improved highway has been constructed, re. spectively, specifying the amounts to be borne by the State, the county and the township, or each township, as provided by this act.
Section 8. The State's share of the expense of high- State's share. way improvement or maintenance, under the provi
Payment of the
Payment of the county's share.
Payment of the township's share.
Partial payments to contractor.
sions of this act, 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; and the share of the county in which said highway improvement, as herein provided, has been made, shall be a charge upon the funds of said county, and shall be paid by the county treasurer upon the order of the county commissioners. 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 supervisors or commissioners, as other debts of said township or townships are paid. The State Highway Department, the county commissioners of the county, and the supervisors or commissioners of the township, or townships, in which any highway is being improved under the provisions of this act, may, with the approval of the State Highway Commissioner, make partial payments to the contractor or contractors performing the work, as the same progresses; but not more than two-thirds of their proportionate shares of the contract price for the work shall be paid, in advance of the full completion of the same, by either the State Highway Department, the county, and the township or townships, so that at least one-third of the full contract price shall be withheld until the work is satisfactorily completed and accepted, and the exact proportions of the cost thereof apportioned to the State, county and township, or townships: Provided, That a cash road tax 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.
Section 9. 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 Commonwealth of Pennsylvania, and shall be signed by the State Conimissioner of Highways 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 commissioners 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 approved as to form and legality by the Attorney General or the Deputy Attorney General of the Commonwealth.
Contracts to be made in the name of the Commonwealth,
To he approved by the Attorney General
Written agreement of county and township of ficers to be filed.
Section 10. The county commissioners of any county may upon the presentation to them of a peti Petition of towntion 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 petitioning the State Highway Department Resolution of to undertake the improvement of the highway or sec- sioners. tion thereof 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; accompanying the said petition to the State Highway Department with a map or plan show- Map. plan, etc. ing the layout, lines, profile and grade of such highway, as hereinbefore provided: Provided, That where Proviso. 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.
Section 11. The supervisors or commissioners of any township in any county of the Commonwealth may petition the county commissioners of said county to Petition. make application to the State Highway Department 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 said improvement, as hereinbefore provided. It shall be lawful for any township to incur indebtedness or to Township, may inissue bonds, in the manner authorized by law, for the or issue bonds. payment of the said township's share of the cost of any highway improvement undertaken under the provisions of this act. If within thirty days after the receipt of any petition for highway improvement in any township, under the provisions of this act, a peti. Petition of own. tion, signed by the owners of a majority of the assessed protesting against
expenditure. valuation of real estate in said township, is received by the county commissioners of the county in which said 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. Upon the receipt of a petition, signed by Petition of own. the owners of a majority of the assessed valuation of favoring improvereal estate in any township, requesting the application by said township for the improvement of any high