Chap. 511.—An ACT to amend and re-enact section 14 of an act entitled
an act to provide the establishment, proper construction, and perma-
nent improvement of the public roads, and landings, for building and
keeping in good order and repair of all public roads, bridges, cause
ways and wharves in the several counties of this State and to repeal
chapter 43 of the Code of Virginia, approved March 12, 1904, as
amended by an act entitled an act to amend and re-enact sections 1,
2, 3, 11, 12, 18, and 14 of an act approved March 12, 1904, relating
to the establishment, proper construction and permanent improvement
of the public roads and landings for building and keeping in good
order and repair all public roads, bridges causeways and wharves and
so forth, approved March 7, 1906, as amended by an act approved
March 13, 1908, as amended as to section 5 thereof by an act approved
March 14, 1910, as amended as to section 47 thereof by an act ap-
proved March 16, 1910. (S. B. 148.)

Approved March 23, 1916.

1. Be it enacted by the general assembly of Virginia, That
section fourteen of an act entitled an act to provide the establish-
ment, proper construction and permanent improvement of the
public roads, and landings, for building and keeping in good
order and repair of all public roads, bridges, causeways and
wharves in the several counties of this State and to repeal
chapter forty-three of the Code of Virginia, approved March
the twelfth, nineteen hundred and four, as amended by an act
entitled an act to amend and re-enact settions one, two, three,
eleven, twelve, thirteen and fourteen of an act approved March
twelfth, nineteen hundred and four relating to the establish-
ment, proper construction and permanent improvement of the
public roads and landings for building and keeping in good
order and repair all public roads, bridges, causeways, and
wharves and so forth, approved March seventh, nineteen hun-
dred and six, as amended by an act approved March the thir-
teenth, nineteen hundred and eight, as amended as to section
five thereof by an act approved March the fourteenth, nineteen
hundred and ten as amended as to section forty-seven thereof
by an act approved March sixteenth, nineteen hundred and ten
be amended and re-enacted so as to read as follows:

14. Unless conflicting with a special road law of any county,
the board of supervisors shall appoint for a term of two years
from February first, a county road superintendent, if deemed
advisable by said board, who must be a civil engineer or a man
well versed in practical road building and he shall be competent
to establish grades and keep the roads and records as required

y law.

The county road superintendent shall devote his entire time
to the superintendence of the roads and bridges of said county
and such other duties as may be directed by the board of super-
visors and shall receive compensation as fixed by the board of
supervisors either by salary or per diem, such compensation not
to be less than three hundred dollars. In addition to other duties
imposed by this act the county road superintendent shall ex-
amine the various formations and deposits of gravel and stone
in his county for the purpose of ascertaining materials which
are most available and best suited for the improvement of the
public roads therein and when requested by the State highway
commissioner to submit samples of such materials shall make
written report in respect thereto.
Additional reports shall be made from time to time, when
requested by the State highway commissioner, in respect to
such matters as may be specified by him.

Whenever the State highway commissioner or board of super-
visors of the county shall direct the county road superintendent
so to do, he shall cause to be measured all public roads within
his county. Such measurements shall be made either by the use
of the cyclometer or otherwise as may be directed. He shall
ascertain and indicate in his report the public roads which have
been surfaced with gravel, those which have been surfaced with
crushed stone or other material and those which have been
shaped or crowned. He shall report in duplicate on forms to be
prescribed and furnished by the State highway commissioner
the total number of miles of public roads in his county, one of
which reports shall be filed with the county clerk of the county
and one with the State highway commissioner.

He shall cause to be made, annually, written inventory of all
such machinery, tools and implements, indicating each article
and the value thereof and the necessary costs of all repairs
‘hereto and deliver the same to the county clerk of the county
on or before October thirty-first, in each year, and shall at the
same time cause to be filed with the county clerk his written
recommendation as to what machinery, tools and implements
should be purchased for the use of his district, and the probable
cost thereof. He shall provide a proper place or places for hous-
ing and storing all machinery, tools and implements, owned by
the county and district and cause the same to be stored therein
when not in use.

On or before January first, following his appointment and
annually thereafter the county road superintendent shall pre-
pare a map of the county roads dividing each magisterial dis-
trict into two or more road precincts which shall be numbsred
and entered into book provided for that purpose and each road
precinct shall be divided into road sections of from two to ten
miles in the discretion of the road superintendent which shall
also be numbered and entered into a book provided for that pur-
pose.

As soon as possible after the presentation of the county road
map to the board of supervisors heretofore provided, the said
board shall officially divide the public roads of each county into
two classes, first class being those roads which will be main-
tained by the road authorities and the second class being thase
on which no county funds are to be spent for the ensuing vear
unless subsequent special action is taken by the board.

The above official action of the board shall be spread on the
minutes of the meeting and shall be accessible to public inspec-
tion.

It shall be the duty of said road superintendent to advertise
tor bids ketween February first and March first of each year, if
directed to do so by the board of supervisors, any or all roads
1916.] ACTS OF ASSEMBLY. 863

sections within said county for maintenance, construction or
improvement for one year from the succeeding April first.

Notice of the letting of these contracts to be given to the
public by the posting of hand bills in each precinct and by news-
paper advertising in at least one newspaper in each county as
the board of supervisors may direct.

Such notices shall specify what maintenance or improvement
shall be required and what part if any the county road superin-
tendent shall undertake, it being the purpose of this act that
the application of stone, grading and other work requiring
machinery shall be done by the county authorities and that part
let to bids shall only include such maintenance as does not re-
quire road machinery excepting a log drag, and such mainte-
nance let to contract shall include dragging, keeping the ditches
open, filling mud holes and depressions and like duties, although
the board of supervisors shall have entire control as to making
specifications for such roads let out to bids.

The board of supervisors shall have the right to reject any
and all bids or to award the contract to the lowest responsible
bidder, unless the board is satisfied that the awarding of the
contract to a bidder not the lowest is in the interest of public
policy or that such a bidder is more favorably located to per-
form the duties required.

Said board may award the contract to a bidder not the low-
est, provided however in such case the amount of the lowest bid
and the amount of the bid accepted must be made public as
hereinafter provided.

Such bids as are accepted by the board of supervisors shall
be published in some newspaper of general circulation in said
county, giving the amount of the bid and the boundaries of the
sections of road covered by each bid.

If it is not deemed advisable by the board of supervisors to
let any section or parts of section by contract, it shall then be
the duty of the county road superintendent to take charge of
the maintenance or construction of such section and to this end
he may employ a foreman and necessary hands, horses, and
material for the proper discharge of his duties at such price as
the board of supervisors may direct.

Payment to the successful bidders is to be made by the board
of supervisors upon written order of the county road superin-
tendent stating that the work has properly been performed and
that the money is due and payable.

If any member of the board of supervisors has reason to be-
lieve that the work has not properly been performed and com-
pleted in accordance with the terms of the contract with such
bidder, the payment of such work may be held up until such
time as a majority of the members of the board of supervisors
are satisfied that the work has preperly been performed.

Any contractor may contract for one or more sections of
road and if required by board of supervisors shall give bond
with security to be approved by the board of supervisors in a
sum equal to the estimated cost of the work in question to be
fixed by the said board for each contract and so conditioned as
to require that the terms of the contract are properly carried
out by said contractors.

It shall be the duty of the contractor to sign his name and
write the sum he shall receive for his contract in a book kept
for that nurpose by said county road superintendent.

Any five tax payers of a road precinct shall have the right
to complain to the county road superintendent if any contractor
has neglected or refused to keep the road under contract in
proper repair as provided in the contract and upon receipt of
such complaint, it shall be the duty of said county road super-
intendent to cause an examination to be made within five days
after such complaint and if the county road superintendent
deems the complaint well founded he shall give notice to the
contractor and give said contractor a reasonable time to comply
with the terms of the contract and a contractor failing to
promptly repair his road, it shall be the duty of the said county
superintendent to cause the same to be put in repair, reporting
the cost of such repair to the board of superivisors, which
amount shall be deducted from any money due said contractor.

On or before March first of each year it shall be the duty of
the county road superintendent to make a written report to the
board of supervisors stating in detail the work he recommends
shall be done on each road section for the year commencing April
first, together with all bids and with the estimated costs for
such sections not let to bids or for which no bids were received.

Upon the approval of such estimates and acceptance of such
bids, a general and district road levy consistent with the total
cost of such work approved, shall be laid, not exceeding however
the levy as provided already by law.

Each county road superintendent shall report to the board
of supervisors at alternate regular meetings thereof, giving a
full itemized statement of the expenses made by him since his
last report with full detail and shall on September thirtieth
make up a complete itemized statement of all expenses for the
year ending September thirtieth, a copy of which shall be de
livered to the board of supervisors and State highway commis
sioner and a copy posted on the front door of the county court-
house.

Provided further that any county operating under a special
road act having a system of road supervision of each magisterial
district can let roads out to contract for maintenance and im-
provement as provided for in this act, and in such instances the
road supervisor of a magisterial district is to assume the duties
thereto similar to those imposed upon the county road superin-
tendent by this act.

Provided further that the board of supervisors may appoint
and employ at such compensation as they may fix not exceeding
ACTS OF ASSEMBLY, 865

three dollars per day for each day actually engaged at: work in
discharging the duties of his office, a supervisor of roads for
each of the several magisterial districts of the county or for
two or more of such districts, who shall have the same duties
with respect to the several districts as are above prescribed as
the duties of the county road superintendent and when all the
districts of the county are thus provided with road supervisors,
the board of supervisors of the county may or may not appoint a
road superintendent for the entire county.

2. All acts and parts of acts inconsistent with this act are
hereby repealed.