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ROADS AND BRIDGES

approved by the said Engineer before any compensation shall be received by the person or persons with whom said contracts shall be made. It shall not be a part of the duties of any of the supervisors to oversee such work unless directed so to do by order of the Levy Court. The compensation for such work shall also be paid from the road moneys collected by general taxation by order of the Levy Court on the County Treasurer; which said orders shall be charged to the District in which it shall be done, and no more than ten per centum of the moneys available for the roads throughout the County shall be spent in any one year on the repair of the roads of any one District without the consent of the Levy Court. No bridges to cost over One Hundred Dollars shall be built in any District without the recommendation of the County Engineer, and consent of the Levy Court, and until the money for completing the same shall have been appropriated. But any bridges may be built by contract upon plans and specifications made by said County Road Engineer, or by the said County Road Engineer without contract, as the Levy Court may direct. If built by contract, such contract shall be awarded to the lowest responsible bidder therefor, after advertisements for bids for such work shall have been published for at least two weeks in two newspapers published in Kent County, giving the place, date and hour of the opening of such bids; and such bids shall be opened in the presence of the Engineer, the Clerk of the Peace and the Comptroller. The Levy Court may prescribe the amount of certified checks that shall accompany such bids, and shall require the successful bidder to enter into contract for such work, and to give a bond with surety or sureties, to be approved by the Levy Court, in such a manner as shall be fixed by the said Levy Court, conditioned for the faithful performance of the contract. Such contract shall be signed by said contractor and by the President of the Levy Court. The said contract shall, among other things, provide for the retention of at least ten per cent of the contract price for one year after the completion and acceptance of the work, and the money so retained may be forfeited to the County, if within said year any such bridge is found not to be in compliance with the contract."

Approved March 28, A. D. 1921.

CHAPTER 88.

ROADS AND BRIDGES, NEW CASTLE COUNTY

AN ACT to authorize the Levy Court of New Castle County to borrow $500,000 to be expended for the permanent improvement of public highways of New Castle County under the provisions of Chapter 63, Volume 29, Laws of Delaware, as amended.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That the Levy Court of New Castle County be, and is hereby, authorized and empowered to borrow upon the faith and credit of said County, as hereinafter provided, a sum not exceeding Five Hundred Thousand Dollars ($500,000) to be expended for the permanent improvement of highways of New Castle County under the provisions of Chapter 63, Volume 29, Laws of Delaware, as amended, and for the purpose of securing the payment of such sum, to issue bonds in denominations of one thousand dollars ($1,000) each bearing such rate of interest not exceeding six per centum per annum, as said Levy Court may deem expedient. The interest upon said bonds shall be payable semi-annually in each and every year from the date of issue thereof.

Section 2. Said bonds shall be divided into thirty-two classes and paid at their face value, as follows:

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Said bonds may, at the option of the Levy Court, contain a provision for the redemption thereof by the Levy Court at any time after the expiration of five years from the date thereof, at a premium not to exceed five per cent.

Section 3. Said bonds shall be prepared under the supervision of the Levy Court Commissioners and shall be signed by the County Treasurer, the President of the Levy Court and the Clerk of the Peace of New Castle County, and shall be under the seal used by the Levy Court of New Castle County. It shall be the duty of such officers to execute said bonds when directed by the Levy Court to do so, and it shall be the duty of the County Treasurer and the Levy Court to keep a record of said bonds.

ROADS AND BRIDGES, NEW CASTLE COUNTY

Section 4. Said bonds, or any part thereof, may be sold when and as the said Levy Court Commissioners shall by resolution determine, and until sold shall remain in the custody of the County Treasurer. Whenever, in the judgment of the Levy Court Commissioners, it shall be deemed desirable that any part or all of said bonds shall be sold, said Levy Court Commissioners may sell and dispose of the same on the most advantageous terms possible, whether above or below par, after having advertised the same in the public press at least once each week for at least two weeks. No commission or other compensation shall be charged or paid to any member of said Levy Court for effecting the sale or negotiation of said bonds.

Section 5. Said bonds, principal and interest, shall be payable at the Farmers' Bank at Wilmington, Delaware, in gold coin of the United States of America, equal in weight and fineness to the present standard, out of the money from time to time appropriated for that purpose by the Levy Court of New Castle County as hereinafter provided; and the said Levy Court is hereby authorized and directed to pay the interest on said bonds to the said Farmers' Bank when and as the same shall become due and to pay said bonds when and as the respective classes mature, in accordance with the foregoing schedule. The said Levy Court, in fixing the rate of taxation, shall annually, until the first installment of said bonds shall become due and payable, provide for a sum equal to the amount of interest due each year upon said bonds, and as and when said bonds shall become due and payable, shall in like manner provide for a sum equal to the amount of such bonds in addition to the amount necessary to pay the interest on the unpaid bonds as before provided, which shall, when collected and paid to the County Treasurer, be set apart by him in a separate account to be opened for that purpose; and the said County Treasurer shall apply the said sum annually to the payment of such part of said loan and interest thereon as may from time to time become due under the provisions of Section 2 of this Act.

Section 6. All of said bonds shall bear the same date, and shall be numbered from one to five hundred inclusive. All money

ROADS AND BRIDGES, NEW CASTLE COUNTY

received from the sale of any or all of the said bonds after the payment of the charges and expenses connected with the preparation and sale thereof, shall be deposited by the County Treasurer at the Farmers' Bank at Wilmington to the credit of the Levy Court of New Castle County in a separate account, and payments therefrom shall be made in the same manner as other payments by said Levy Court; provided that no part of the money thus obtained, except as in this section provided, shall be used for any other purpose than for the permanent improvement of highways under the provisions of Chapter 63, Volume 29, Laws of Delaware, as amended; and provided further that the purchasers or holders of said bonds shall not be bound to see to, or be affected by, the application of said money realized from the sale of said bonds. And provided further, that the money thus obtained, or any part thereof, shall be spent only as a like amount, dollar for dollar, shall be contributed by the State Highway Department for the construction, as aforesaid, of such highways in New Castle County as may be mutually agreed upon by the Levy Court of New Castle County and the State Highway Department.

Section 7. The bonds to be issued shall be in the following form, to wit:

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New Castle County in the State of Delaware, for value rereceived, hereby acknowledges its indebtedness and promises to pay to the holder of this bond at the Farmers' Bank at Wilmington, on the ...day of .... .A. D. 19.., the sum of one thousand dollars, with interest thereon at the rate of ..... per centum per annum, payable semi-annually on the

...day of

and

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