Chap. 496.—An ACT to authorize the improvement of the roads of Frederick
county, and to provide funds to pay the same.

Approved December 26, 1903.

1. Be it enacted by the general assembly of Virginia, That J. T. Mc-
Ilwee, R. L. Omps, C. E. Clevenger, C. G. Crawford, and Thomas W.
Steck, citizens of Frederick county, any three of whom may act, be, and
they are hereby, appointed commissioners to supervise and carry out the
provisions of this act as the same are set forth in the succeeding sections
hereof.

2. The said commissioners shall at a special election to be called by
them at such time within one year from the passage of this act as they
may decide, cause to be submitted to the voters of each district of said
county the question of the adoption of this act, and of the application
of the same to each particular district in said county, and’ 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 election to be posted at each clection precinct in
the county for at least {en days before such election. The commission-
ers shall also cause to be printed and sent out to each precinct ballots of
white paper, upon which shall be printed the following words: For road
improvement by bond issue; Against road improvement by bond issue.
Any voter desiring to vote for the improvement of the roads by an issue
of bonds shall make an X or a similar mark opposite the first line in the
ballot, and the voter opposed to any application of the law to his district
shall make his mark opposite the second line of the ballot. The result of
this election shall be ascertained and certified by the election officers 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 in the same manner as election expenses for county
and district officers are paid.

3. If the majority of the votes cast in any one or more districts is for
road improvement by bonds, the commissioners herein provided for shall
ascertain and determine which of the principal county roads in such dis-
tricis shall be macadamized and prepared for that purpose, and which
of the principal roads shall be graded and otherwise improved, 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 commissioners shall then make
an approximate estimate of the cost of improving cach road so selected
in each district, and the total cost of all the roads so selected in all 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
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certificate to be published for at least ten days in one or more new.
papers published in Winchester. In selecting the various roads to be im-
proved under this act, it shall be the duty of the commissioners herein
provided for to ascertain by public advertisement or otherwise the amount
of voluntary aid which can be secured from adjacent freeholders and
others to be benefited by such improvement, and in making final selection
of the roads to be improved due regard shall be had to the amount of
voluntary aid so secured. The board of road commissioners of each dis
trict 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 treat-
ment of the others until some other fund shall be provided for that pur-

pose.

4. Upon the final ascertainment and selection of the roads to be
treated, the commissioners herein provided for shall cause to be prepared
coupon or registered bonds of the county of Frederick, which shall be fre
from county and district iaxation, in denominations of one hundred dol-
lars 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
five per centum per annum, payable semi-annually, the amount of thee
bonds to be equal to the sum needed’ for the treatment of a!l 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 to
the highest bidder, but in no event shall bonds be sold for less than par.

5. The proceeds of sale of said bonds shall by the treasurer be allotted
to the several districts which shall have voted for the bond issue in pre
portion to the need of such districts as ascertained by the certificate re-
quired by clause three of this act, but not exceeding the proportion that
the assessed value of the property in such district bears to the assessed
value of the property in other districts of the county to which this act
shall apply.

6. 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 pay-
ment of said bonds. If the law for the improvement 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 payment on the amount allotted to each
district, to be charged by the board of supervisors to the road fund of
such district, but if the law is not made applicable to all the districts,
then each Heit to which the law is applicable shall repay to the county,
out of its annual road fund, the amount of interest and sinking fund pay-
ment on s0 much of the fund for road improvements as under this act is
allotted to such district.
7. If the majority of votes cast in any district shall be against road im-
provement in such district, this act shall have no application whatever
to such district.

8. The money allotted to each district under this act 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 pres-
ent provided by the county road Jaw, and the same shall be accounted for
by the county treasurer in his settlement with the board of supervisors.

9, 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 al-
lotted to each district, the improvement to be made under the direction
of the board of road commissioners of the several districts: provided,
that it shall be lawful for the board of supervisors 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 commissioners 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 commissioners shall cause such of them as it is feasible to ma-
cadamize to be 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
advantage. The selected roads that cannot be macadamized shall be so
drained and graded as to secure the best possible roads within the limits
of the sum appropriated therefor. After the roads shall be so treated by
the board of road commissioners as provided by this act, they shall con-
tinue to be worked and cared for under the general road act of the county:
provided, however, that in reconstructing said roads under this act such
minor changes in their courses as may be necessary may be made, and the
damages therefor shall be ascertained and paid for under the provisions
of the general road law of the county.

10. The duties of the commissioners named in this act shall be to cause
the same to be duly submitted to the voters of each district of Frederick
county as herein provided, and in the case of such districts as shall adopt
a system of road improvement to aid in the selection of the roads to be im-
proved as provided in section three of this act, to cause bonds to be pre-
pared and allotted for such district or districts as shall vote for that
method, and when these duties shall have been performed their functions
shal] cease. The compensation of the commissioners shall be two dollars
to each commissioner for each day that he shall actually engage in the
performance of his duties.

11. An act entitled an act to authorize the improvement of the public
roads in Frederick county, and to provide funds to pay for the same, ap-
proved May fifth, nineteen hundred and three, is hereby repealed.

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