OF ROADS AND BRIDGES. ury under Vol. 23, to go after to go to Roads account Section 9. The moneys raised in the several Districts Money now in under Chapter 143, of Volume 23 Laws of Delaware, and County Treas now in the County Treasury shall be applied by the C143, County Engineer to improvement of such roads in that to Engineer District, other than those petitioned for as shall be decided by the member of the Levy Court from that District. Moneys hereafter paid into the County Treasury under said Chapter 143 of Volume 23, Laws of Delaware Money hereand appropriated by the State to the purpose of that Act County Good shall go to the County Good Roads Account for the purpose of this Act. The County road moneys raised by taxes under the General Law, shall be expended as follows: So much thereof as is necessary for the construc- Detailed extion and repair of bridges and the repair of unimproved money roads of the County not exceeding ten thousand dollars, shall be applied to such purpose. So much thereof as is necessary to keep the roads improved under this Act in repair, shall be used for that purpose, and the remainder thereof shall become a part of the County Good Roads Account, and shall be apportioned to the improvement of roads petitioned for or that may be decided by the Levy Court to be improved, as hereinbefore provided. penditure of road con Section 10. All roads improved under the provisions Character of of this Act, shall require the construction of a road of struction stone, gravel, cinders, sand and clay, or other good materials, in such manner that the same, shall with reasonable repairs thereto at all seasons of the year be firm, smooth and convenient for travel. Provided that the total cost of any mile of road constructed or improved un- Limit to cost der this Act, shall not exceed the sum of two thousand dollars. Provided, also, that all roads improved under this Act shall be thoroughly drained. per mile Drainage and Section 11. When the said roads to be constructed or Suvel roads to improved shall have been selected, said Road Engineer be constructed to be filed Levy Court and Engineer authority to enter upon any lands May purchase lands and deposits Conveyances OF ROADS AND BRIDGES. shall cause the same to be surveyed and plotted, designating on such plot the route of such roads, the length and width thereof, all bridges and drains therein, and such other features as he or the said Levy Court may deem proper. Said plot and plans and other information shall be filed in the office at Dover and may at all times, when such office is open, be inspected by any citizen of the County. Section 12. In case the said Levy Court of Kent County shall deem it advisable to widen, straighten or alter the course of any road or parts thereof, or to obtain any deposits of sand, gravel, clay or other materials deemed by it or the County Road Engineer necessary, said Levy Court and said County Road Engineer shall have authority to enter upon any lands for the purpose of surveying and locating the changes necessary to widen and affect the alterations in the course of such roads, or for inspection, location and ascertainment of the depth of any deposits of sand, gravel, clay or other materials. Any person or corporation owning the land which it will be necessary to procure for the purpose of widening, straightening, altering or changing the course of such roads, or owning such deposits of sand, gravel, clay or other materials, may dedicate the same to the public for the purpose aforesaid, and the said Levy Court may enter into negotiations with such owner or owners for that purpose, and may secure the necessary conveyance or dedication of such land and deposits for that purpose. It may also purchase such land and deposits from the owner or owners thereof upon such terms as it deem may advisable. All conveyances and dedications shall be to the State of Delaware. All conveyances, dedications and other papers relating to the acquirement of such land shall be and remain a part of the records of the office of the said County Road Engineer. In case the said Levy OF ROADS AND BRIDGES. Court cannot agree with the owner or owners of such lands or such deposits of sand, gravel, clay or other materials for the acquirement of the same, it may apply to the Associate Judge of the Superior Court resident in Kent County, and cause the same to be condemned and acquire the same under the provisions of an Act entitled, proceedings "An Act Concerning Public Roads and Bridges," Approved March 7, A. D. 1911. Condemnation Towns to pay ments within limits Section 13. No construction or improvements of roads within the corporate limits of an incorporated town shall for improve be made under the provisions of this Act, unless such corporate town shall appropriate and pay over to Kent County the cost of such construction or improvements before the same shall be begun. for bids Section 14. After the said Levy Court and County Road Engineer shall have decided the sort of road to be built and the material to be used, such County Road Engineer shall fix the grades and make plans and specifications, for the building of such roads as said Levy Court Advertise and County Road Engineer shall decide to build that year, and shall advertise for bids for construction of such roads. The said County Road Engineer shall prepare such plans and specifications for each road separately, and shall advertise for two successive weeks in two newspapers in Kent County for bids to build and construct each road. Such advertisements shall set forth Form of the amount of bond or certified check required of each bidder for the good faith of his proposal; the place where the plans and specifications may be examined and the time and place for the reception of bids. Every bid shall be accompanied by a certified check upon some reliable bank or banking institution in such sum as the Levy Court and County Road Engineer may determine, Agreement and shall be held upon condition, that if the contract shall be awarded to such bidder, he will, when required advertisement Opening of bids Awarding of contract OF ROADS AND BRIDGES. All by the said Levy Court and County Road Engineer, execute a proper agreement with surety, as hereinafter provided, for the faithful performance of the contract for building the road provided for by such plans and specifications and that upon the execution of such contract such certified check will be returned to the bidder. bids submitted shall be opened at the office of the County Road Engineer at Dover at the time mentioned in said advertisement, and shall be considered and acted upon without unreasonable delay. The said Levy Court and County Road Engineer may reject any and all bids if in their opinion good cause exists therefor, but otherwise, the contract shall be awarded to the lowest responsible bidders. The successful bidders shall give satisfactory evidence of their ability to perform the contract, and shall also furnish a bond for one-third of the amount of the cost of the construction of the work, conditioned that the work shall be performed in accordance with the plans and specifications and terms of the contract. If all bids are rejected, the County Road Engineer shall make new plans and specifications and shall advertise for, receive and consider new bids in the same manner as hereinbefore provided and so on until a bid for construction of such road shall be satisfactory to the Levy Court and County Road Engineer. If such second bids on any section of road are in the judgment of said Engineer and Levy Court too high the said Levy Court may decide to have such section of road constructed or improved by such County Road Engineer who shall for that purpose if all bids too have authority to employ men, teams and implements and purchase materials and with the consent of said Levy Court may purchase such teams and implements which shall thereafter belong to the County. He shall make such reports as are required to be made by Supervisors which reports shall be filed as are such Supervisors' reports under Section 5. Moneys shall be paid over for such work, materials, teams, implements and other Upon rejection of bids new plans to be prepared Couuty Road Engineer to construct road high OF ROADS AND BRIDGES. expenses upon the order of such Engineer countersigned by the President of the Levy Court and approved by the County Comptroller. In awarding contracts for construction of said roads, the said County Road Engineer and Levy Court shall provide in such contracts for the date on which the work shall commence, and the date on which same shall be completed, and may provide for forfeitures for failure to complete the work on or before the date for completion. ments on Section 15. Partial payments may be made on account Partial payof said contracts provided for by this Act in the manner contracts provided for in said contracts not exceeding eighty per centum of contract price, and in final payment under such contracts ten per centum of the contract price shall not be paid to the contractors at the time of the completion of the contract, but shall be retained for a period of one year after the completion and acceptance of the work and all contracts entered into under the provisions of this Act shall provide for the maintenance and keeping in repair of the roads to be constructed or improved under such contract for the period of one year from the date of completion and acceptance of the work. Decision of County Engi Section 16. After a contract has been executed as aforesaid, the said County Road Engineer shall have en- neer finai tire charge of the work done thereunder and his decision upon all matters pertaining to said contracts shall be final. road construc bond sale Section 17. That when any road decided by the Levy Payment for Court to be constructed or improved, as hereinbefore tion out of provided, shall have been constructed or improved under the provisions of this Act, the Levy Court of Kent County shall pay for the same out of the moneys derived from the sale of bonds and from other sources, as herein before provided, and shall assess against the property abutting Assessment against |
