the Department of Public Works and Buildings such city, village or town to pay the excess cost, if any, for such greater width, or different material. But such city, village or town shall thereafter maintain said road or street within the corporate limit.

§ 19. That in case plans and surveys provided for in any section of this Act require that private property be taken or damaged, the Department of Public Works and Buildings, in its name, or in the county in which the improvement is to be made, in its name, shall have the right to purchase the necessary land from the owner thereof, or if compensation therefor can not be agreed upon, to have such just compensation ascertained and to acquire and pay for said property in the same manner as near as may be, as provided for in the Act of this State, entitled "An Act to provide for the exercise of right of eminent domain", approved April 10, 1872, and the amendments thereto; provided, however, that said Department of Public Works and Buildings, or said county shall not be required, in any case, to furnish bond. The damages, as thus finally determined, either by agreement or proceedings in eminent domain, shall be included in the estimate of the cost of the proposed improvement and shall be borne equally by the State and the county constructing the same.

In case a proposed improvement be abandoned after a resort to proceedings in eminent domain as aforesaid, the costs of such proceedings to which the property owner is by law entitled, shall nevertheless be paid one-half out of the State road and bridge fund and the remaining one-half by the county.

(HOUSE BILL No. 724. APPROVED JUNE 30, 1919.)

AN ACT to amend an Act entitled, "An Act to revise the law in relation to roads and bridges," approved June 27th, 1913, in force July 1st, 1913, as subsequently amended, by amending sections nine (9) and twenty-six (26) thereof.

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 27th, 1913, in force July 1st, 1913, as subsequently amended, be and it is hereby amended by amending sections nine (9) and twenty-six (26) to read as inserted at length herein.

In

§ 9. Public highways or sections thereof, including bridges therein, may be laid out, improved or constructed at the joint expense of the State and any county within the State as hereafter provided. such case the State shall contribute one-half of the expense thereof, and the county or counties through which the said highway or portion thereof passes shall contribute the remaining one-half. Such highways

hereinafter known as "State Aid Roads," may be laid out, constructed or improved in the manner hereinafter directed:

The board of supervisors or county commissioners of any county shall, by a majority of the entire board of supervisors or county commissioners, in regular or special session, specify the type of road to be constructed under the provisions of this Act in their respective counties, subject, however, to the approval of the Department of Public Works and Buildings whether of permanent earth improvement (including surface or sub-surface drainage, grading, leveling, and crowning), gravel, macadam, cement concrete, bituminous concrete on a cement concrete base, brick or other hard surfaced type of pavement, patented or otherwise, and the respective boards of supervisors or county commissioners shall, subject to the approval of the Department of Public Works and Buildings as aforesaid, have the authority to specify any one of the herein designated types of roads. In case the board of supervisors or county commissioners do not desire to exercise the privilege and power herein conferred upon them as to designating the type of road to be builded and shall so notify the Department of Public Works and Buildings, then it shall be the duty of the Department of Public Works and Buildings to specify the type of road to be builded: Provided, nothing herein contained shall prohibit the State and county jointly, at any future time, rebuilding and changing, under the provisions of this Act, an earth, gravel or macadam type of road, patented or otherwise, to any other more permanent type herein specified: Provided, further, that when a gravel or macadam road is constructed the county shall pay one-half the cost of such maintenance: And, provided. further, that when an earth road is constructed the county shall pay the entire cost of maintenance: And, whenever any county, after having been given reasonable notice by the Department, shall fail properly to maintain any earth road improved as a State aid road or provide the funds for paying one-half the cost of maintaining a gravel or macadam road, the Department of Public Works and Buildings is hereby authorized to withhold from such county all State aid allotments during the time said county is delinquent: And, provided, that a road or part thereof lying within the corporate limits of any city or village having a population of twenty-thousand (20,000) inhabitants or less, as shown by the last Federal census, situate within any county of the third class, may be improved or constructed with State aid, to connect or complete, by the most direct route, a State aid road already improved or constructed or being improved or constructed to the corpor ate limits of such city or village.

And, provided also, that a road or part thereof lying within the corporate limits of any city, village or town, having a population of two thousand five hundred (2,500) inhabitants or less as ascertained as aforesaid in any county, may be improved or constructed with State aid, to connect or complete by the most direct route, a State aid road already improved or constructed, to the corporate limits of such city. village or town. The cost of such road for the same width as outside of the corporate limits and of the same materials may be provided for in the same manner as for that portion outside the corporate limits.

By agreement between the Department of Public Works and Buildings and the common council or board of trustees, a road or street of greater width and of different materials may be constructed through such city, village or town by the Department of Public Works and Buildings, such city, village or town to pay the excess cost, if any, for such greater width, or different material. But such city, village or town shall thereafter maintain said road or street within the corporate limit.

§ 26. CONTRACT FOR STATE AID ROADS.] 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 Department of Public Works and Buildings, and they shall require that all proposals on such plans shall be accompanied with complete stress diagrams and specifications; nature, quality and size of material to be used; strength of structure when completed, etc., it being understood, however, that before any such plans 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 Department of Public Works and Buildings.

(1) The Department of Public Works and Buildings shall advertise for proposals for the construction or improvements of such highways or sections thereof, according to the plans, specifications and estimates prepared therefor. The advertisement shall be limited to 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 advertisement shall be published at least once in each week for two consecutive weeks in a newspaper published in the county in which such highways or section thereof is to be constructed or improved, and in such other newspapers as the commission may designate. In such advertisement the Department. of Public Works and Building 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 advertisement aforesaid and when opened such proposals sha.. 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 Department of Public Works and Buildings. 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 forms shall be uniform in so far as it 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 contractors 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 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 anv labor, material, apparatus, fixtures or machinery furnished for the purpose of such improvement or any other indebtedness incurred in connection therewith have been paid.

APPROVED June 30, 1919.

TOWN AND DISTRICT ROAD OFFICERS.

§ 1. Amends section 42, Act of 1913. (HOUSE BILL No. 634.

§ 42. Officers-who eligible. APPROVED JUNE 30, 1919.)

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, and as subsequently amended by amending section 42 thereof.

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, and as subsequently amended, be amended by amending section 42 thereof to read as follows:

§ 42. Town and District Road Officers-(A) (Commissioners) In each township in counties under township organization, and in road districts in counties not under township organization, there shall be elected a highway commissioner who shall serve for a term of two (2) years and until his successor is duly elected and qualified, and who shall be elected in the manner hereinafter provided.

(B) (Clerk) In counties under township organization, the town clerk shall act as the clerk for the highway commissioner in such town. In counties not under township organization, there shall be elected in road districts, a district clerk who shall hold office for a term of two (2) years and until his successor is elected and qualified.

(C) (Treasurer) In counties under township organization the supervisor of each town shall be ex-officio treasurer of the road and bridge fund. In counties not under township organization the district clerk shall be ex-officio treasurer of such fund.

(D) (Who eligible) No person shall be eligible to the office of highway commissioner unless he shall be a legal voter and has been one year a resident of such town or district. In counties not under township organization the same limitation shall apply to the district clerk: Prorided, that nothing in this Act, shall be construed to authorize the election of a commissioner of highways, or district clerk, in cities and villages in counties not under township organization, that are created road districts. Nor shall anything in this Act be construed as vesting in highway commissioners any power or jurisdiction over the streets and alleys of cities or incorporated towns and villages.

APPROVED June 30, 1919.