Putnam County herald., August 24, 1911, Image 9

About Putnam County herald. (Cookeville, Tenn.) 1903-1922

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, 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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