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day of September in each year contract with as many suitable persons as he deems necessary to drag the roads in the township or district for that year, but shall not apportion the dragging of more than six miles of road to any one person. The commissioners or commissioner of highways may at any time cancel such contract or contracts for dragging the roads when the stipulations herein contained have not been properly complied with or when the work is not done in a satisfactory manner: Provided, however, that in making contracts for road dragging such contracts shall not be let for a sum exceeding one dollar ($1.00) per mile for each time dragged: Provided, further, that the width required to be dragged shall be not less than fourteen feet, if the width of the roadway will permit. (B) OBSTRUCTING DRAINAGE.] It shall be unlawful for any person or persons to place loose earth, weeds, sods, or other vegetable matter on the portion of a road which has been dragged and so maintained in good condition, or to place any material in such a manner as to interfere with the free flow of water from the dragged portion of the road to the side gutters or ditches: Provided, that this restriction shall not apply to deposits of earth or other material that may be made by the authority of the proper road officials, if necessary for filling or raising the elevation of a given section of road or other necessary construction work. (C) TRAVEL REGULATED.] It shall also be unlawful for any person or persons to drive or cause to be driven a vehicle of any description in or upon any portion of the highway immediately after the same has been dragged and before such portion of the highway shall have partially dried out or frozen: Provided, that nothing in this section shall apply in those instances where it is impossible to drive with safety at one side of said dragged portion of the road, or where a vehicle does not make a rut on such dragged portion of the road, injurious to the work accomplished by use of the road drag or where a vehicle does not make a rut nearer than nine (9) feet from the center of the dragged portion of the road. (D) Any violation of any of the provisions of this section by the commissioners or commissioner of highways or any person or persons who may be required under contract to drag district roads or neglect on the part of any township clerk to set aside the funds required by section 62 of this Act shall, on conviction thereof, subject the offender to be fined not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00) for the first offense, and for each subsequent offense shall be fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00). APPROVED June 28th, 1915.

STATE AID ROADS—CONTRACTs, BOND OF CONTRACTOR.

§ 1. Amends section 26, Act of 1913. § 26. Contracts for State aid roads—bond - of contractor.

(SENATE BILL No. 527. APPROVED JUNE 25, 1915.) AN ACT to amend section-26 of an Act entitled, “An Act to revise the the law in relation to roads and bridges,” approved June 27, 1913, in force July 1, 1915. s SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 26 of an Act entitled, “An Act to revise the law in relation to roads and bridges,” approved June 27, 1913, in force July 1, 1913, be and the same is hereby amended and made to read as follows: § 26. State aid roads may be constructed or improved by contract in the manner provided herein. No contract for the improvement or construction of a State aid road shall be entered into unless at the time there is in the State road and bridge fund, subject to the order of the State Highway Commission, sufficient moneys to defray the portion of the cost thereof which the State is required to contribute under the provisions of this Act. Upon the completion and final adoption or approval, as provided by law, of the plans and specifications and estimates for the construction or improvement of a State aid road, a contract therefor may be executed as provided herein. In letting contracts for the building of bridges, or culverts, wherein the county alone is interested, or wherein the county and State are interested, or the county and township or road district are interested, it shall be the duty of the officials in letting said contracts to invite, receive and consider proposals on any other plan other than the one prepared by the county superintendent of highways, or State Highway Commission, and they shall require that all proposals on such plans, shall be accompanied with complete stress diagrams, and specifications; nature, quality and size of materials to be used; strength of structure when completed, etc., it being understood, however, that before any such plan shall be finally adopted, it shall, in like manner as all other plans, profiles, specifications and estimates submitted, have the approval of the county superintendent of highways and the State Highway Commission. (1) The State Highway Commission shall advertise for proposals for the construction or improvement of such highways or sections thereof, according to the plans, specifications and estimates prepared therefor. The advertisement shall be limited to a brief description of the work proposed to be done, the terms and conditions under which proposals will be received, the time and place where the same will be opened, and such other matters as the commission may deem advisable to include therein. Such advertisements shall be published at least once in each week for two consecutive weeks in a newspaper, published in the county in which such highway or section thereof is to be constructed or improved, and in such other newspapers as the commission may designate. In such advertisements the State Highway Commission may provide that certain materials, or machinery or implements suitable for road construction shall be furnished by the State or used in the construction of said State aid road, and may also indicate the fair value of the same or for the use thereof. (2) Each proposal shall specify the gross sum for which the work will be performed exclusive of such materials as may be furnished by the State and also shall include the amount to be charged for such item specified in the estimate. The commission may prescribe and furnish forms for the submission of such proposal and may prescribe the manner of submitting the same which shall not be inconsistent herewith. The proposals shall be publicly opened at the time specified in the advertise: ment aforesaid and when opened such proposals shall be subject at all reasonable times to public inspection and at the time of opening shall be publicly read. (3) The contract for the construction or improvement of such highways or section thereof shall be awarded to the lowest responsible bidder except that no contract shall be awarded at a sum which, together with the value of materials and machinery to be furnished by the State as fixed by the State Highway Commission, shall exceed the estimate made for the construction or improvement of such highway or section thereof in accordance with the aforesaid plans and specifications. The lowest bid shall be deemed to be that which specifically states the lowest gross sum for which the entire work shall be performed, including all the items specified in the estimate therefor. (4) The commission may reject any or all proposals and may at once advertise for new proposals as hereinbefore provided, if in their opinion the best interests of the State will thereby be promoted. (5) The commission shall prescribe the form of contract and may include therein such matters as they may deem advantageous to the State. Such form shall be uniform in so far as may be. (6) Each contractor before entering into a contract for such construction or improvement, shall execute a bond in the form prescribed by the commission, in the penal sum of not less than one-third the amount of the contract, with sufficient sureties to be approved by the commission conditioned that he will perform the work in accordance with the terms of the contract, and with the plans and specifications and that he will commence and complete the work within the time prescribed in the contract. Such bond shall also provide against any direct or indirect damages that may be suffered or claimed on account of such construction or improvement during the time thereof, and until the highway is accepted; provided, one-third the total amount of such bond shall also be conditioned upon the payment by the contractor of all sums of money due for any labor, material, apparatus, fixtures or machinery furnished to such contractor for the purpose of such construction or improvement. One-third of the total amount of such bond shall inure to the benefit of any person to whom any money may be due for any such labor, material, apparatus, fixtures or machinery so furnished and suit may be maintained on such bond by any such person, for the recovery of any such money. (7) The contract may provide for partial payments to an amount not exceeding 90 per centum of the value of the work done which shall be paid in the manner provided by this article when certified to by the commission. In case partial payments are made the State and county shall each pay one-half thereof as the work progresses. Ten per centum of the contract price shall be retained until the entire work has been completed and accepted. But no final payment shall be made on account of such construction or improvement until it is shown that all sums of money due for any labor, material, apparatus, fixtures or machinery furnished for the purpose of such improvement have been paid. APPROVED June 25th, 1915.

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§ 1. Amends Act of 1913 by adding section 29a to § 29a. County, board authorized to acArticle IV. cept donations for construction of State aid roads.

(House Bill No. 765. Approv ED JUNE 23, 1915.)

AN ACT to amend an Act entitled, “An Act to revise the law in relation to roads and bridges,” approved June 27, 1913, in force July 1, 1913, by amending Article IV by adding an additional section to be known as section 29a. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled, “An Act to revise the law in relation to roads and bridges,” approved June 27, 1913, in force July 1, 1913, be and the same is hereby amended by adding an additional section to Article IV to be known as section 29a.

ARTICLE IV.

STATE AID.

§ 29a. For the purpose of assisting in the construction of the proposed system of State aid roads in any county, the board of supervisors or the county commissioners of such county are hereby authorized to accept donations from townships, cities, villages, corporations or individuals. Any such county may elect to pay a greater proportion than onehalf of the cost of the improvement of any section of State aid road by passing a resolution designating the amount which the county will pay in excess of one-half of the said cost, and filing a copy of said resolution with the State Highway Commission at the time of filing the preliminary resolution for the improvement of said section.

The said section of State aid road shall be constructed in the manner heretofore provided in this Act, and all payments upon estimates shall be made in the respective proportion provided to be paid by the State and the county as shown by said resolution; and the road, when completed and accepted by the State, shall be taken over as a State aid road.

APPROVED June 23d, 1915.

STATE AID ROADS—COUNTIES MAY BUILD IN ADVANCE OF STATE ALLOTMENT.

§ 1. Amends Article IV, Act of 1913, by adding § 15d. County may advance funds to section 15d. construct State aid roads—may issue bonds—State allotments

used to pay bonds.

(House Bill No. 457. Approv ED JUNE 28, 1915.)

AN ACT to amend article IV of an Act entitled, “An Act to revise the law in relation to roads and bridges,” approved June 27, 1913, in force July 1st, 1913. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That article IV of an Act entitled, “An Act to revise the law in relation to roads and bridges,” approved June 27, 1913, in force July 1st, 1913, be, and the same is hereby amended by adding to said article IV an additional sub-section to be known as section 15d, in the words and figures following:

§ 15d. If any county desires, more rapidly than its allotments of State aid road moneys will permit, to construct a State aid road along any one or more of its highways that have been selected and designated, under the provisions of this Act, as State aid roads, such county is hereby authorized to advance, out of any county funds available from any source, or which may become available from any source, for such purpose, the entire cost of constructing such State aid roads and to make such improvement at any time. Such county shall, in such case, have the right to use any allotment of money made to it, by the State Highway Commission, to defray one-half the cost of constructing new State aid roads, in the county, under the provisions of this Act, or to apply the money on the payment of any bonds or other obligations which have been or may be issued by such county, under any law of this State, to meet the cost of the construction of any State aid road or roads constructed by such county at its own expense: Provided, however, that the allotments made by the State shall not be used to cover more than one-half the cost of the construction of such State aid roads; and provided, also, that such State aid roads shall have been constructed under, and in accordance with, plans, specifications, estimates of cost and contracts approved by the State Highway Commission and which roads shall have been found, upon inspection of the State Highway Engineer, to have been completed as provided for in said contracts. All highways constructed or improved in any county under the provisions of this section shall be known as State aid roads and shall thereafter be repaired and maintained under, and in accordance with, the provisions of section 32 of this Act. If any county desires so to advance money for the purpose of the construction or improvement of its State aid roads, its county board is hereby vested with full power and authority to take all necessary steps in such case and such county board may, out of any funds in the county treasury, not required for other purposes, appropriate therefrom sufficient moneys to meet the cost of constructing or improving such State aid roads, and may also, in any manner provided by law for issuing county bonds, issue bonds of the county for the purpose of constructing or improving such State aid roads: Provided, that the question of issuing such county bonds shall first be submitted to the legal voters of such county at any general election or at a special election which the county board is hereby authorized to call for such purpose; and provided, also that such bonds shall be issued to mature in not less than ten nor more than twenty annual series, the last series to mature not more than twenty years from date of issue. If the question of an issue of such bonds is submitted to the people, notice of election shall be given and the election shall be held and returns made, all in the manner now provided by the general election laws of this State, and the ballots shall be in substantially the following form:

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Shall county bonds for roads be issued to the Yes. —

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amount of $. . . . . . . . . . . . . . . 2 No.

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