and other necessary expenses, and prepare, publish and dis- ment. SECTION 3. In making investigations concerning the chemical and physical character of road making material, the apparatus and supplies of the college of agriculture and the college of engineering of the Ohio State University shall be employed, with the consent of the president of said university, in so far as such investigations may be made. without interfering with the regular work or purposes of said college. publishing and distribu tion of. SECTION 4. County commissioners County commissioners of the several counties of the state, and the officers of the cities, villages and townships in the state, who now have, or may hereafter have by law, authority over the public highways and bridges, shall upon the written request of the state highway department furnish said department with any information Information, relative to the mileage, cost of building and maintenance, condition and character of the highways under their jurisdiction, and with any other needful information relating to the said highways. how obtained. state highway department. SECTION 5. The state highway department shall be Location of provided with suitable rooms in the state building at Columbus. Its offices shall be open at all reasonable times for the transaction of public business, said office to be furnished by the state with stationery and office supplies and fixtures necessary to carry on the work. The state highway commissioner shall carry into effect the provisions of this act and all the laws of the state of Ohio, providing for the cooperation of the state in the construction and maintenance of public highways. He shall have charge of all records of the state highway department, and shall each year sub- Annual report, mit to the governor of the state a full report of the opera- contain. tion of the department, the number of miles, cost and character of the roads built under its direction, detailed and accurate itemized statements of his expenses and 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. what to Application aid. SECTION 6. The county commissioners in order to avail themselves each year of the aid provided by the state of Ohio for assistance in constructing or repairing highways, shall make application to the highway commissioner for state before the first of January of each year and the highway commissioner shall only consider petitions for the apportionment of the appropriation of any year that have been filed before January 1st preceding the date when such appropriation is available. When any appropriation has been designated for the year in which the appropriation by the general assembly is made, the apportionment to any county of the same or any residue of such apportionment remaining unexpended in such year shall become part of the apportionment to such county for the succeeding year and be Petition of trustees, effect of. available for petitions properly filed for such succeeding year. In the event that any board of county commissioners fail to take such action as to secure the apportionment to their county before the first day of January following the appropriation by the general assembly and any board of trustees have filed their petition prior to such first day of January for the appropriation to such county, assuming one-half of the total cost of constructing any road, including surveys and other necessary expenses, described in said petition, that is, thirty-five per cent. by the township at large and fifteen per cent. by the property fronting on the road petitioned for, the state highway commissioner may proceed with the construction of such road and the proceedings shall be the same as when petitioned for by the county commissioners, the board of township trustees assuming the place and rights otherwise assumed by the board of county commissioners and the township clerk and township treasurer the place and duties of the county auditor and county treasurer where the county commissioners petition for state aid. If more than one township in any county should apply as above, the state highway commissioner shall have authority to select the road for improvement that in his judgment will be of the greatest public benefit or may select roads in two or more townships for construction. In any event, all other proceedings shall be the same as when state highway improvement is petitioned for by the county commissioners. On the fifteenth of January succeeding the passage of any bill appropriating money for state aid in the event county commissioners and township trustees have not availed themselves of the apportionment of such appropriation in any counties of the state, then Re-apportion- the state highway commissioner shall re-apportion any funds, liable to revert to the general revenue fund by such neglect, equally to the counties that have applied; such amounts to be in addition, to the amounts originally apportioned to such counties availing themselves of state aid. ment of funds. Certified resolution to accompany application. SECTION 7. Every application for the co-operation provided for by the state highway department for state aid in constructing highways, shall be accompanied by a properly certified resolution adopted by the board of county commissioners having jurisdiction over the highway to be improved, stating that the public interest demands the improvement of the highway described therein, but said description shall not include any portion of a highway within the boundaries of any city or village. SECTION 8. The county commissioners in any county of this state may, at any time, by resolution direct that any public road or section of road, located within said county, being at least one mile in length, or being less than one mile in length, in an extension or connection with some permanently improved or or paved street or permanently improved highway of approved construction be Macadamized improved by the construction of a macadamized road, or a telford or other stone road, or a road constructed of gravel, or stone road, etc. brick or other suitable material, in such manner that the same, of whatever material, constructed, shall with reasonable repairs thereto, at all seasons of the year be firm, smooth and convenient for travel; or whenever a road or section thereof is petitioned for by the owners of 51 per cent. of the lineal feet along said road, or section thereof, praying the board of county commissioners to cause such road to be improved under this act, it shall be the duty of the board to grant such petition if, after viewing such road said board of county commissioners shall decide the improvement of such road to be just and to the best interest of the public, subject to the conditions as hereinafter provided; when more roads are applied for than can be constructed in one year the board of county commissioners and state commissioner of public highways shall have power and authority to select from the roads petitioned for the ones first to be constructed, having first regard to the most important roads and the distribution of the benefits of this act to all parts of the county; and the county commissioners shall before approval of any road require as condition of Approval by said approval that the township or townships through which stoners. said road runs shall pay twenty-five per cent. of the cost of said improvement, said improvement to be approved in the resolution or resolutions passed by the trustees of the township through which said road runs, said payment to be applied to the improvement of road construction under this act. Where a railway corporation owns in fee a strip of land along one side of the highway upon which they operate either a steam or electric railway, the land back of said railway strip shall be regarded and treated as abutting Abutting upon said highway for all the purposes of abutting owner- property. ship; and both strip and land back of same shall be assessed as provided in section 17 of this act. commis by state SECTION 9. The state highway commissioner shall upon receipt of any such application investigate and deter- Investigation, mine whether the highway or section thereof sought to be highway improved is of sufficient public importance to come within commissioner. the purpose of this act, taking into account the use, location and value of such highway or section thereof for the purposes of common traffic and traveling, and after such investigation shall certify his approval or disapproval of such application. If he shall disapprove such application he shall certify his reasons therefor to the board of county commissioners making the application, and all petitions shall remain available for consideration until such disapproval or dismissal by mutual consent of the state highway commissioner and the county commissioners. SECTION IO. If the highway commissioner shall approve of such application he shall cause the highway or section thereof, therein described, to be mapped both in outline and profile. He shall indicate how much of such Profile. highway or section thereof may be improved by deviation from or alteration of the existing lines whenever it shall be deemed of advantage to obtain a shorter or more direct road without lessening its usefulness; or whenever such deviation or alteration is of advantage by 1eason of lessened gradients, and shall cause plans and specifications of such highway or section thereof to be made for telford, macadam or gravel roadway, or other suitable construction, taking into consideration the climate and soil, and the material to be had in the vicinity thereof, and the extent and nature of the traffic likely to be upon the highway, specifying in his. judgment the kind of road a wise economy demands. He shall also cause plans and specifications to be made for all bridges and culverts upon the highway or section thereof proposed to be improved, and transmit a certified copy therespecifications. Of to the board of county commissioners making the application. It shall then be the duty of the said board to construct such bridges and culverts in accordance with the said plans and specifications; the cost of such construction to be paid for out of the bridge fund of the county. Bridges and culverts; plans and Width limits, specified. Estimate of The improved or permanent roadway of all highways so improved shall not be less than ten nor more than sixteen feet in width, unless for special reasons to be stated by such highway commissioner it is required that it shall be of greater width. Where there is a stipulation in the petition of the abutting owners to pay the added cost of an improvement in excess of sixteen feet in width, such highway may be improved to a greater width than sixteen feet. The trustees of the township in which said highway is situate, may also petition for and be granted the same privilege of increasing the width of the improved part of a highway on their making the same stipulation as to the added cost; or such stipulation may be joint on the part of the abutting owners and trustees of the township, each agreeing to pay part of the added cost. All highways improved under the provisions of this act shall conform to the standard of construction established by the state highway department. SECTION 11. Upon the completion of such maps, plans and specifications of a proposed improvement the state commissioner shall cause an estimate to be made of state highway the cost of construction of the same, and transmit the same to the board of county commissioners from which such resolution proceeded, together with a certified copy of such maps, plans and specifications, and of his certificate of the approval of the highway or section thereof so designated as aforesaid. commissioner. Resolution, adopted by commissioners. Right-of way, how secured. SECTION 12. After the receipt thereof, upon a majority vote of such board of county commissioners, it may adopt a resolution that such highway or section thereof so approved shall be constructed under the provisions of this act, or of any existing act, and thereupon shall transmit a certified copy of such resolution to the state highway commissioner. SECTION 13. In case such proposed highway shall deviate from the existing highway, the officials making application must provide for securing the requisite right-ofway by condemnation proceedings or otherwise, prior to the actual commencement of the work of improvement, and shall secure release from damage to property by reason of change of grade. SECTION 14. That upon the receipt of the application and certified copy of the resolution provided for in section etc. 12, the state highway commissioner shall advertise for bids Bids, adverfor two successive weeks in two newspapers of general cir- tising for. culation and of opposite politics, published in the county in which the road is to be built, according to said plans and specifications, which shall be on file at the county commissioners' office and shall award such contract to the lowest responsible bidder, subject, however, to the approval of the county commissioners; provided that nothing herein shall prevent the township trustees within any township where such improvement is to be made from bidding and entering into contract to build or repair such roads. No contract shall be awarded at a greater sum than the estimate provided in section II; provided that when bids are received for such improvement, they shall be sealed bids which shall be opened at a time certain, and shall be protected with such other regulations as may be imposed by the commissioner, necessary to secure fair bids. But if no bid otherwise acceptable be made within such estimate, such highway commissioner may amend his estimate, certify the same to the board of county commissioners, and upon the adoption by it of a resolution as provided in section 12, based on such amended estimate proceed anew to obtain bids and award the contract as herein provided. Said highway commissioner may reject any or all bids and before entering into any contract for such construction, he shall require a bond Bond, with with sufficient sureties, or by a surety company of recognized standing, conditioned that if the proposal shall be accepted the party thereto will perform the work upon the terms proposed and within the time prescribed and in accordance with the plans and specifications, and as a bond of indemnity against any direct or indirect damages that shall be suffered or claimed during the construction of such road and until the same is accepted. The state of Ohio shall in no case be liable for any damages suffered. The above provisions as to advertising shall apply to letting of any extra work not included in original contract, arising from unforeseen contingencies, where the estimate of cost amounts to one thousand dollars or more. Where such estimates are less than one thousand dollars and over two hundred dollars notice of letting need only be given for fifteen days, and said notice shall only be by posting on a bulletin board or by writing on a blackboard in a conspicuous place in the county commissioners' or auditor's office in the county where proposed work is located, showing the nature of the letting and when and where proposals in writing will be received; plans and specifications shall be kept on file at the county auditor's office during said fifteen days and be open to public inspection. When the estimated cost does not exceed two hundred dollars the work may be let at pri- contract. sureties, required. Private |