Chap. 194.—An ACT to authorize the improvement of the public roads in Frederick
county, and to provide funds to pay for the same.

Approved May 5, 1903.

1. Be it enacted by the general assembly of Virginia, That J. T.
Mellwee, R. L. Omps, C.F. Clevenger, C. G. Crawford, and B. C.
Shull, citizens of Frederick county, any three of whom may act, be,
and they are hereby, appointed commissioncrs to supervise and carry
oat the provisions of this act, as the same are set forth in the suc-
ceeding sections hereof. '

*. The said commissioners shall at the next general election to be
held for the election of county and district officers in said county,
cause to be submitted to the voters of each district of said county
the questions of the adoption of this act, and of the application of
the same to each particular district in said county. A separate bal-
lot and ballot-box shall be used at each precinct at this election, but
otherwise the election shall be conducted, held, and certified by the
same officers and in the same manner as is or shall be provided by
law for the election of district and county officers in said county.
The commissioners shall cause a written or printed notice of said
‘lection to be posted at each election precinct in the county for at
least ten days before such election. The commissioners shall also
‘ause to be printed and sent out with the ballots for the election of
the district and county officers a ballot of white paper, upon which
shall be printed the following words:

For road improvement by bond issue.

For road improvement by direct taxation.

Against application to this district.

Any voter desiring to vote for the improvement of the roads by
an issue of bonds shall make a X or a similar mark opposite the first
‘ine in the ballot; the voter desiring to vote for improvement of the
toads by direct taxation, shall make his mark opposite the second line;
and the voter opposed to any application of the law to his district
shall make his mark opposite the third line of the ballot. The result
of this election shall be ascertained and certified by the election offi-
cers to the clerk of the court in the same manner that the certificate
is made for the election of the county and district officers, and the
cost of holding this election shall be paid at the same time and as a
part of the cost of the regular election at which this election shall be
held.

3. If the majority of the votes cast in any one or more districts is
for road improvement by bonds, the commissioners acting in connec-
tion with the board of road commissioners in such district shall ascer-
tain and determine which of the principal county roads in such dis-
tricts shall be macadamized and prepared for that purpose, and which
of the principal roads shall be graded and otherwise improved. Should
there be a disagreement between the commissioners and any board
of road commissioners as to what roads shall be so selected in any
district, the same shall be certified in writing to the board of super-
visors of the county, who shall forthwith determine the same, but the
total cost of the improvement of the roads in the districts of the
county to which this law is applicable shall not exceed the amount
of the total issue of bonds provided for by this act. The commis-
sioners shall then make an approximate estimate of the cost of im-
proving each road so selected in each district, and the total cost of all
the roads so selected in all of the districts, and shall certify the same,
with a correct list of said roads so selected, to the board of supervisors
of the county, who shall cause said certificate to be published for at
least ten days in one or more newspapers published in Winchester.
The boards of road commissioners of each of such districts shall treat
first the roads of the most general importance selected, and should
the sum of money allotted to any district be insufficient to treat all
the roads selected for that district, they shall defer the treatment of
the others until some other fund shall be provided: for that purpose.

4. Upon the final ascertainment and selection of the roads to be
treated, the commissioners shall cause to be prepared coupon or reg-
istered bonds of the county of Frederick, in denominations of one
hundred dollars and five hundred dollars, payable twenty years after
date, with the privilege of paying in ten years, and with interest at
a rate not exceeding four and one-half per centum per annum, pay-
able semi-annually; the amount of these bonds to be equal to the
sum needed for the treatment of all the roads selected as certified,
but in no event to exceed in the aggregate the sum of fifty thousand
dollars. The said bonds shall, as the proceeds thereof shall be needed
for the treatment of the roads as provided by this act, be signed by
the president of the board of supervisors and by the treasurer of the
county, and as needed the county treasurer shall sell the same at not
less than par. The proceeds of sale of said bonds shall by the treas-
urer be allotted to the several districts which shall have voted for the
bond issue in proportion to the need of such districts as ascertained
by the certificate required by clause three of this act, but not ex-
ceeding the proportion that the assessed value of the property in any
such district bears to the assessed value of the property in the other
districts of the county to which this act shall apply. .

5. The interest on the bonds provided for by this act shall be paid
by the treasurer of Frederick county semi-annually as it becomes due,
and a sum of money equal to five per centum on the principal of
said bonds shall be annually set aside by the treasurer as a sinking
fund for the same; and this shall be invested semi-annually either in
the purchase or payment of said bonds, or otherwise as the board of
supervisors of the county shall direct. If the law for the improve-
ment of the roads by bonds is made applicable to every district in the
county, the interest and sinking fund payments paid by the county
shall be charged as follows: forty per centum thereof to the county
at large, and sixty per centum of the interest and sinking fund pay-
ment on the amount allotted to each district, to be charged by the
county to the road fund of such district; but if the law is not made
applicable to all the districts, then each district to which the law is
applicable shall repay to the county, out of its annual road fund, the
amount of interest and sinking fund payment on so much of the
fund for road improvements as under this act is allotted to such dis-
trict. If a majority of votes cast in any district shall be for road
improvement by direct taxation, it shall be the duty of the board of
road commissioners of any such district to recommend, and for the
board of supervisors to levy, a tax sufficient for the purpose of road
improvement in such district: provided, the tax so to be levied for
this purpose shall not exceed in anv one year forty cents on the one
hundred dollars of the assessed value of the property in such dis-
trict, and the other provisions of this act shall in that event have
no application to such district so far as the payment of interest and
sinking fund is concerned. If the majority of the votes cast in any
district shall be simply against application to such district, this act
shall have no application whatever to such district.

6. The money allotted to each district under this act, either by the
sale of bonds or by direct taxation, as the case may be, shall remain
in the hands of the county treasurer, and shall be paid out for the
treatment of the roads herein provided for from time to time on
orders, as is at present provided by the county road law, and the same
shall be accounted for by the county treasurer in his settlement with
the board of supervisors.

7%. After the roads to be treated have been selected as provided by
this act the same shall be improved to an extent not exceeding the sum
allotted to each district, the improvement to be made under the direc-
tion of the board of road commissioners of the several districts: pro-
vided, that it shall be lawful for the board of supervisors of the
county to employ a practical road-maker having sufficient experience
and knowledge of such things, on such terms as they may agree on,
and the duties of this person shall be to aid the board of road com-
missioners in each district, when desired by any such board, and to
supervise any particular work to which he may be assigned. In the
treatment of the roads under this act the board of road commis-
sioners shall cause such of them as it is feasible to macadamize to bk
macadamized with a single track of sufficient width and of such depth
as the conditions demand, and before macadamizing the same to have
them so graded that the whole work will be done to the most ad-
vantage. The selected roads that cannot be macadamized shall be
so drained and graded as to secure the best possible roads within the
limit of the sum appropriated therefor.

- 8. After the roads shall be so treated by the board of road commis-
sioners as provided by this act they shall continue to be worked and
cared for under the general road act of the county: provided, how-
ever, that in reconstructing said roads under this act such minor
changes in their courses as may be necessary may be made, and the
damage therefor shall be ascertained and paid for under the provisions
of the general road law of the county.

9. The duties of the commissioners named in this act shall be to
eause the same to be duly submitted to the voters of each district of
Frederick county as herein provided, and in the case of such dis-
tricts as shall adopt a system of road improvement either by issue of
bonds or by direct taxation, to aid in the selection of the roads to be
improved as provided in section three of this act; to cause bonds to be
prepared and allotted for such district or districts as shall vote for
that method; and when these duties shall have been performed their
functions shall cease. The compensation of the commissioners shall
be two dollars to each commissioner for each day that he shall actu-
ally engage in the performance of his duties.

10. This act shall be in force from its passage.