Newspaper Page Text
, SENATE BILL NO. 742
Chapter 531 (By Mr. Hollada- by Request) An Act to provide a road law for certain counties. Section 1. Be it enacted by the General As sembly of the State of Tennessee, That in all coun ties of this State bavins a population of not less than 20,020 nor more than 20,025, under the Feder- . -al census of the year 1910 or any subsequent Fed' eral Census, there shall be, and is hereby created a Board of Public Road Commissioners. Said Board shall be composed of three members, citi zens and freeholders of the county, to be chosen as hereinafter set out. One member of said Board shall be a resident of the eastern division of the county; the second member shall be a res! dent of the middle division of the county, and the third member shall be a resident of the western division of the county. Section 2. Be it further enacted. That said VOunty Court or the county or counties in which , this Act aDDlies. and no member of the Countrv Court shall be eligible to a place upon this com mission, or hold a position of trust thereunder, The first election under this Act shall be held at the next Quarterly Court after the Act takes ef feet, and the Commissioners shall hold their offices for a term of one, two, and three years, and until their successors are elected and qualified; and thereafter each member shall be elected for three years and until his successor shall be elected and qualified. After the election of said Road Com missioners the same shall orgauize by electing one member to be known as a .Chairman, who is to ' serve until his successor is elected and qualified. without salary other than is hereinafter specified ' It shall also be the duty of this Board of Com missioners to elect a Superintendent of Public Roads for the whole county, who shall be a man of practical experience in laying out, constructing, and maintaining of graded and macadamized roads, and who shall receive a salary of not ex ceeding $1200 per annum, payable monthly upon a warrant approved by the Chairman of the Com mission, and at least, one other member of same, and signed by the County Judge or Chairman of the County Court. Said salary to cover all usual traveling expenses, and the Superintendent will be expected and required to furnish a horse and conveyance of his own in order that he may at all times be in position to properly supervise and su periutend the work being done in different parts of the county. . The Superintendent shall at this ealary .Tive his whole, time to the service of the county, and to the upbuilding of the road system. The members of the Commission shall receive no regular salary, but shall be paid not exceeding $2.00 per day and mileage for the regular and call ed meetings of the Board of Commissioners as is hereinafter required, but not exceeding 150.00 per year each, and necessary expenses. Two members of the Board, the Chairman being one of them, shall constitute a quorum for the transaction of business. It shall be the further duty of the Public Road Commissioners to take charge of and control all pikes, public roads, bridges, and culverts of the : county and to dishurse funds collected by taxation v as hereinafter provided, for the improvement of public roads, and all funds collected by taxation or otherwise for the repairing or construction of public roads, highways, bridges and culverts. They shall have the power to open and close roads as hereinafter provided. Section 3. Be it further enacted, That the Su perintendent of Public Roads shall devote his en tire time to the duties imposed 'upon him by this Act, and shall have personal charge and supervis ion of all the public roads $nd bridges in the coun ty, and shall have his office in the courthouse, and the members of said Board of Commissioners shall meet at said office at least once in each month, up on such dates as may be suggested by the Super intendent or Chairman, for the purpose of trans acting such business as may come before it. The Chairman may call special meetings of the Board whenever in his judgment the public interest re- l quires it. ' The Superintendent shall at all times be s bject to the Board of Commissioners, and 1 When in their judg-ment his work is not satisfac tory, it shall be their duty to dismiss him from the service snd select another to fill the vacancy. It shall be the duty of the Superintendent to visit and examine all the roads in the cOunty, and he will directly look after the proper construction ' and maintaining same. , Section 4. Be it further enacted, That the Su perintendent of Public Roads shall make or cause to be made a map showing the location of all the graded and public roads and bridges in said coun ty, which map shall be kept in the office of the - Superintendent of Public Roads at the county seat. After the roads of the connty have been 'laid off in sections it shall be the duty of said Board to purchase a suitable outfit of road ma chinery, tools, and stock necessary for keeping the roads of each section in, proper repair, and they shall keep constantly upon such roads labor ers sufficient to keep the same in good condition, and shall pay for road labor not exceeding $1.25 per day, the amount to be fixed by the Board, The Superintendent shall have charge of all crews em ployed upon the different sections of the roada throughout the county; provided, however, that each crew may be in ieharge of a foreman, at a salary not to exceed $1.50 per day, who shall see mat me directions oi ins superintendent are faithfully carried out, and said foreman and la borers shall be paid out of the road funds of the county upon a warrant of the County Judge or Chairman of the Court, which warrant shall be issued upon an order of the Road Commission, signed by the Chairman and at lesst one associate member. The Superintendent shall do ths clerical work of the Commission, and shall keep the books, showing the amount of money disbursed, to whom paid, and for what purpose. The road funds of the county shall be one common fund, without reference to civil districts or road districts, and shall be used and applied by said Public Road Commission to the roads in any section of the countv where, in the judgment of the Superinten dent and associate members, it is most needed. Section 5. Be it further enacted. That the County Court of each county under the provisions tof this Act shall, at the January term of each year. levy a tax upan all property, both real and per sonal, outside of the corpotate limits of incorpor ated towns, for the purposs of establishing, im proving, and maintaining the roads, which tax shall not be less than ten cents nor more than twenty-five cents on the one hundred dollars, to be expended by the Board of Public Road Com missioners created nnder this Act. In addition to the road tax levied as herein provided, all male inhabitants between the ages of twenty-one years and fifty years shall be required, unless exempted by the County Court for some physical disability. same being recommended by the Commissioners, to pay into the county treasury a sum not less than $3.00, or more than $4.50 per annum, which shall be a part of the road funds of the county. which amount shall be levied by the Court and collected as other taxes are now collected; provid ed, that anyone subject to this road tax may pay and discharge the same by the performrnce of six days' labor upon the public roads in the district in which he resides, at such time and place as the Superintendent may designate. Section 6. Be it further enacted. That the Board of Commissioners shall classify the roads throughout the county, and that there shall be four grades of roads in this classification, the width of each character of road to be as follows: First closs shall have a right of way from thirty- two to forty feet wide, this class to be known as pikes; second, third, and fourth class roads to be as now prescribed by law. The number of miles in each section shall be determined by the classifi cation of the road and the amount of travel to which the section of road is subject by the gener al public. It shall be the duty of Commissiouers in laying out and establishing said roads to avoid heavy grades and to reduce the same where prac ticable, and when possible to do so, the roadbed shall be graded, with a fall of one inch to the foot from the center of the road to the ditches, which shall be maintained on each side of the road of a sufficient depth to drain the roadbed, and they shall construct and maintain open culverts so as to allow the water to escape and properly drain the road.-" Section 7. Be it further enacted. That said Board of Road Commissioners shall procure all stone, timbers, culverts, and material necessary to construct and keep in proper repair the roads. and have the same in readiness distributed along the roads at such points as will be convenient and accessible for the men at work upon the various sections of the road. The Board of Road Commis sioners shall have the right to condemn, or by em inent domain acquire for the public use, rights of way, stations for reck quarries, roads thereto, stone, gravel, water and all material necessary for the building and maintenance of public roads as set out in the Code of Tennessee; and any damage assessed thereunder, or agreed upon by the Com missioners and the party aggrieved, shall be paid upon a warrant of the Judge or Chairman of the Court out of the road funds not otherwise appro priated, upon order of the Board of Commission ers signed by the Chairman and at least one other of the members. "; i , Section 8. Be it further enacted, That all ap plications to open, change, or close any highway in any county coming within the provision of this Act shall be made by written petition to the Com missioner of the section of the county In which said highway is located. It shall than be the duty of said Commissioner to instruct the Superintend ent to go on the, premises, carefully view the situ ation , make a full and complete report in writing to the Commissioners, whose duty it will be to try to settle all d&erences without resorting to law; but if not agreeably settled then same shall be taken up and a jury of view appointed as prescrib ed by law. Any expense incurred by the Commis sioners in adjusting the matter is to be paid upon order of the Chairman signed by one other mem- ber.' ;" . : -' :-" ' ; '": - Sections. Be it further enacted. That said Board of Public Road Commissioners shall report to the County Court quarterly, and file a full and itemized report of difbursements, and to whom paid, and for what purpose. Said report shall be sworn to by the Superintendent of said public roads. Before entering upon their duties, each member of the Board shall subscribe to an oath to honestly, faithfully, arid efficiently perform the duties devolved upon them under this Act, and the Superintendent shall enter into bond in the i sum of two thousand dollars, conditioncd"as re quired by law, to honestly, faithfully, and effic iently perform his duties as such Superintendent. Section 10. Be it further enacted. That the Su perintendent of said public roads execute his re ceipt to all persons performing labor upon the roads under this Act in lieu of paying the taxes assessed against him for road duty, and such re ceipt shall be received by the Trustee in payment of said taxes, and any persons liable for road duty under the provisions of this Act who, after being notified as herein provided, fails and refuses to perform the labor upon said road or pay the amount assessed against him under the provisions of this Act shall be guilty of a misdemeanor and the Superintendent of said public roads shall, be fore making final report for any one year, have such delinquent apprehended, brought before some Justice of the Peace to, answer. to the charge of a dereliction of duty, and upon conviction he shall be fined not less than $5.00 nor more than $10.00 and all the costs of the cause. Section 11. Be it further enacted. That the Board of Commissioners under this Act shall be amenable to said Court, and failure upon the part of any member of said Commission to faithfully honestly, and properly perform the duties of his office shall, upon motion of any member of the Court, by a majority vote of said Court, be remov ed from office; and in case of such removal, or va cancy by death or resignation, the Chairman or the Judge of the County Court shall fill said va cancy by appointment, and the person so appoint ed shall serve until the next regular term of said Court, at which time his successor shall be elected by said Court to fill out the unexpired time as hereinbefore provided. Section 12. Be it further enacted. That if in the judgment of the Commissioners created under this Act the interest of the public will' be best served by maintaining and keeping up by contract any of the roads after the same have been laid out in sections as provided under this Act, they are authorized and empowered to contract said roads, and they will take from the contractor a good and sufficient bond for the faithful performance of the work, and they will reserve the right in the let ting of said contract to reject any and all bids. and will contract the maintenance of said roads to only such persons as are known to be skilled and experienced in the art of road building and who live in the vicinity of the road contracted by him, Section 13. Be it further enacted, That the Board -of Commissioners created under this Act shall have charge of the workhouse in all counties coming under the provisions of this Act, and all persons convicted and serving a workhouse sen tence shall be worked upon the public roads of the county, under the direction of said Board of Public Road Commissioners, and they shall have full power to govern and control such workhouse and the working of the convicts therein, as in their judgment will best subserve the county's interest Section 14. Be it further enacted. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed, and this Act take effect from and after its passage, the public welfare requiring it. Passed June 30, 1911. .. N. Baxter, Jp., Speaker of the Senate. ' A. M. Leach, Speaker of the House of Representatives. Approved July 8, 1911. Ben W. Hooper, Governor. A true copy. Attest: Hallum W. Goodloe, Secretary of State. 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