Hearings.

Notice.

Publication.

Posting.

SEC. 10. The county road commissioners or the State Highway Commissioner shall hear objections to the proposed improvement at a time and place to be fixed by them at some suitable place within the proposed special assessment district. Such notice shall set forth a description of the boundaries of the proposed special assessment district or the several parcels of land proposed to be assessed on account of such improvement, and the time and place of hearing. At this hearing all parties or persons interested, shall be given an opportunity to present their objections, if any, to the proposed improvement. Notice of this hearing shall be given by the county road commissioners or the State Highway Commissioner at least ten days prior to such hearing, by causing a notice thereof to be published at least once in each week for two weeks in succession in some newspaper published and of general circulation in such county, and by posting five notices in each township within which the assessment district lies in whole or in part and within the limits of such district, in public and conspicuous places therein. At this hearing, the county road commissioners or not more than the State Highway Commissioner shall make any changes in the specifications deemed advisable, without further notice or hearing, provided such changes do not increase the estiNew hearing. mates more than ten per cent. If they do increase the estimates more than ten per cent, then a new hearing shall be had and notice thereof given, as in the first instance. At said hearing the county road commissioners or the State Highway Commissioner may alter the boundaries of the proposed assessment district: Provided, however, That if said district is enlarged or otherwise altered so as to embrace additional lands, hearing thereon after due notice, shall be had as hereinbefore provided.

Increase

ten per cent.

Proviso.

Final order.

Division

into sections.

Additional portions.

SEC. 11. After hearing objections, if the county road commissioners or the State Highway Commissioner still deem the proposed improvement necessary for the benefit of the public welfare and convenience, they shall make their final order in writing, under their hands, determining that the proposed improvement shall be made according to the final specifications adopted by them, a copy of which specifications shall be attached to said order.

SEC. 12. The county road commissioners or the State Highway Commissioner may divide the construction of the proposed improvement into one or more sections for letting, and may let contracts for the proposed improvement either by separate sections as determined by them or may let all of said sections together in one contract. The county road commissioners or the State Highway Commissioner may likewise let additional portions of any of the work in any section separately, such as the grading, draining, bridging, the final top coat of the highway, curbing, or any combination of the same, in separate contracts as they shall deem best. They may likewise receive bids, and let contracts

for portions of the work proposed to be done either upon separate sections or different parts of the same section as aforesaid, according as the total cost thereof shall appear to be the cheaper.

Improvements

SEC. 13. The county road commissioners or the State High- Division of way Commissioner may divide the proposed improvement in- by years. to sections, not more than three for the purposes herein specified, only one of which sections are proposed to be improved the first year, the adjoining one the second year, and the last section the third year; or they may divide the proposed work into two sections, one to be improved one year, and the other the next year. If deemed desirable a part of the work of improving any of said sections may be done in one year and the balance in the succeeding year. In all cases where it shall be proposed to improve the highway petitioned for in two or three years, notice of such intention shall be given to the persons interested, in the notice for the hearing of objections to the proposed improvement. Where such proposed improvement is divided Levy. and ordered constructed in different years as aforesaid, the county road commissioners or the State Highway Commissioner shall make a separate roll for each portion to be improved as ordered each year, and shall only levy for the portion to be built the first year, in the first roll, and for the portion to be built in the second year in the second roll, and for the portion to be built in the third year in the third roll. The lands and townships and counties at large to be assessed for the building of the second or third portions shall not be assessed for the building of the first portion, unless the county road commissioners or the State Highway Commissioner shall shall deem it equitable and just that the second or third portions, or both of them should help pay for the first portion in addition to paying for its own portion. Thereafter, without further notice, the county road commissioners or the State Highway Commissioner shall, the succeeding year, proceed to let the contract for the construction of the second portion, and the next year thereafter, the contract for the construction of the third portion, if it were divided into three portions. No further hearing or determination shall be necessary in order to let the contracts for the construction of the succeeding sections.

of contracts.

SEC. 14. On the making of the said final order, the county Letting road commissioners or the State Highway Commissioner shall proceed to let the contract, or contracts for the construction of the proposed improvement to the lowest bidder or bidders, giving adequate security for the performance of the same in a sum to be fixed by the county road commissioners or the State Highway Commissioner. The county road com- Notice given. missioners or the State Highway Commissioner shall give notice of the letting of such contract or contracts by publishing notice thereof in some newspaper published and of

general circulation in the county, at least once in each week for two weeks, and may publish notice thereof, in other newspapers, if they shall deem the same advisable. They may reserve the right to reject any and all bids. After the bids have been received or as soon thereafter as practicable, the county road commissioners or the State Highway Commissioner shall enter into the necessary contracts for the construction of the proposed improvement with the persons whose bids shall be accepted by them and who shall have Cash deposit. furnished the bonds required of them. A cash deposit in such amount as the commissioners or commissioner may deem reasonable, may be required with each bid as an evidence of good faith and to reimburse the district in the event of failure on the part of the successful bidder to execute the necessary contracts or to furnish the required bonds. The deposit of every bidder whose bid is rejected shall be returned to him forthwith, when his bid is rejected, or another bid accepted. In case the successful bidder shall not execute the proper contracts or furnish the bonds required of him within ten days after the acceptance of his bid, then the county road commissioners or the State Highway Commissioner may retain the sum deposited as stipulated damages for the non-execution of the contract, and proceed to advertise for, and let the job anew. In case the successful bidder furnished the bonds required of him and executed the required contracts, then the money that was deposited Disposition of by him shall be returned to him. Any money forfeited in the manner hereinbefore provided, shall be deposited with the treasurer of the county in which said special assessment district lies or the county in which the greater part of such district lies, to the credit thereof to be used for the purposes of this act.

Non-execution of

contract, etc.

forfeitures.

Installments.

Special

assessment districts.

Errors.

SEC. 15. At the time of hearing objections to the proposed improvement, if the county road commissioners or the State Highway Commissioner shall determine to construct the same, they shall then and there determine the number of installments in which the money therefor shall be raised, which shall not be more than ten annual installments.

SEC. 16. At the time of hearing objections to the proposed improvement, the county road commissioners or the State Highway Commissioner shall finally determine the special assessment district to be assessed for benefits on the construction of the proposed improvement, and shall not assess any lands therefor not included in said district. The determination aforesaid shall be announced at the conclusion of said hearing. If, at any time, error should be discovered in said district, as so determined, before the special assessment roll shall have been finally approved by the commissioners or commissioner, and if, in the judgment of the county road commissioners or the State Highway Commissioner, further lands should be brought within such assessment district, the county road commissioners or the State

installments.

Highway Commissioner may give notice for a new hearing as to the limits of such assessment district, and bring in additional lands, as provided in the first instance. The de- Alteration of termination as to the number of installments in which the money for said improvement shall be raised, may be altered subject to the limitation in section fifteen after notice and hearing thereon given and conducted in the manner hereinbefore provided.

ment of

ment of

SEC. 17. The county road commissioners or the State High- Apportionway Commissioner shall apportion the per cent of the total total cost. cost of construction of such improvement, which the county at large shall be liable to pay by reason of the benefit to the public convenience and welfare, and as a means of improving the highway, and shall apportion the per cent of the cost of the construction of such improvement for the same reasons that any township traversed or benefited thereby shall be liable to pay: Provided, however, That no tax Proviso. shall be apportioned against any county hereunder that is not operating under the county road system. They shall Apportionalso apportion the per cent of benefits to accrue to any piece benefits. or parcel of land for the reasons aforesaid, by reason of the construction of such improvement over and above the per cent assessed against the county at large, and against the townships at large aforesaid, which per cent of benefits shall be apportioned upon and assessed against the lands benefited, according to benefits received, and which apportionments they shall announce at the time and place of hearing objections to, and equalizing the apportionment of benefits. Such assessment of per cent for benefits shall there- Review. upon be subject to review and correction, and may be reviewed in the manner herein provided. All appeals in this Appeals. act provided for shall be from the apportionment of the per cent of benefits. The county road commissioners or the State Highway Commissioner shall apportion not less than twentyfive per cent nor more than seventy-five per cent of the total cost of the improvement to the road assessment district, and the remainder to the county and townships: Provided, Proviso. That in counties operating under the county road system, the county road commissioners or the State Highway Commissioner shall apportion not less than thirty per centum nor more than seventy-five per centum of the total cost of the improvement to the road assessment district and not less than fifteen per centum to the township, and the remainder to the county. The county road commissioners or Numbering the State Highway Commissioner shall designate each assessment district by number, by which number it shall thereafter be known.

of districts.

SEC. 18. On the completion of the roll, apportioning the Review of per cent of benefits to be paid by the respective parties roll. and municipalities, the county road commissioners or the State Highway Commissioner shall give notice by advertising

Notice

of hearing.

and posting, of a review of said roll. Notice of such hearing shall be given by publishing a notice thereof, at least two insertions, at least ten days prior to such hearing, in some newspaper published and of general circulation in the county, if there is one. If there is no such newspaper within the county, then the publishing of such notice will not be necessary. The county road commissioners or the State Highway Commissioner shall also give notice of such hearing by posting notices thereof in five conspicuous and public places in each township where the special assessment district is located, within the limits of said district at least Service given. ten days prior to such hearing. They shall also serve notice of such hearing upon each township to be assessed, and upon the county in case the same is operating under the county road system, at least ten days prior to such hearing. Such notice may be served upon the clerks of the county or townships, respectively, as notice to such county or townships.

Equalization.

Approval of apportionment.

Yearly preparation of roll.

Contingent

expenses.

SEC. 19. At such review the said county road commissioners or the State Highway Commissioner shall appear, and hear all objections to the proposed apportionment of benefits, and equalize the same, and may make such changes and corrections in such rolls as they shall deem just and equitable. Such hearing may be adjourned from time to time as may be necessary in the judgment of the county road commissioners or the State Highway Commissioner, by giving legal notice of the time and place. After hearing objections, the county road commissioners or the State Highway Commissioner shall sign and approve such apportionment of benefits roll, and shall file a copy thereof with the county clerk of the county if such county is subject to an assessment at large, and with the township clerk of each township within which the improvement is located, or within which any lands assessed a per cent of benefits therefor are situate, or where any township at large is to be assessed a per cent of benefits on such improvement.

SEC. 20. In case the proposed improvement is divided into sections for letting in separate years, as heretofore provided, then this roll shall be for the first section only, and a new roll shall be prepared each succeeding year for each succeeding section. Each such assessment roll shall be equalized in the manner herein provided.

SEC. 21. If the rolls are made before the contracts for the construction of the improvement are let, the total amount of such rolls shall be the estimates heretofore referred to, to which estimates the county road commissioners or the State Highway Commissioner shall add such further sum, not exceeding ten per cent, as shall be deemed necessary to cover contingent expenses. If the rolls are not made until after the letting of the contracts for the improvement, the county road commissioners or the State Highway Commissioner shall take the contract price for such improvement, to which