Delaware General Assembly

CHAPTER 174.

AN ACT Providing for the Improvement and Maintenance of Public Roads and Bridges of Kent County, and Providing Funds Therefor, by Sale of Bonds and Assessment of Abutting Land Owners.

Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met:

Section 1. That within thirty days after the approval of this Act and annually thereafter the Levy Court of Kent County shall meet at Dover and shall, by a majority vote, appoint some competent Engineer to be County Road Engineer. Such County Road Engineer shall before entering upon the duties of his office, make oath before a person, qualified to administer oaths, that he will well and faithfully perform the duties of his office. Said Engineer may also, if the said Levy Court shall deem it necessary, give bond with surety or sureties to be approved by said Levy Court in a sum to be fixed by said Levy Court to secure the faithful performance of his duties and the safe keeping of all papers and records of his office and the turning over of the same to his successor. He shall hold office during the pleasure of the Levy Court but shall not be removed without good cause. Vacancies in such office shall be filled by said Levy Court for the unexpired term. The said County Road Engineer shall receive a salary of fifteen hundred dollars per annum and while in said office shall not be engaged in any other business.

Section 2. He shall have an office provided for him in the Court House building at Dover where he shall keep his records and papers which shall at all times be accessible to said Levy Court or any member thereof.

Section 3. He shall have charge of all permanent road of all road construction and improvement in Kent County, except such road construction and improvement as shall be undertaken by the State. He may from time to time subject to the approval of the Levy Court appoint such inspectors and other assistants as he may deem necessary for the work in hand and may discharge them at pleasure. The compensation of such inspectors and assistants shall be fixed by the Levy Court. His first duty shall be to make surveys and plots of all the principal public roads of the County, except such as the State shall decide to improve and as his other duties may permit, he shall survey and plot all of the roads of the County. Such plots shall show the length and width of such roads, all bridges and drains therein and such other physical features as shall be deemed necessary and useful, or as shall be directed by the Levy Court. Such plots shall be kept on file in his office at Dover and may be inspected at any time by the Levy Court or any member thereof.

Section 4. All road moneys now in the County Treasury of Kent County or hereafter to be paid into such Treasury including all moneys to be derived from the sale of bonds provided for in this Act, except the amounts necessary to construct and keep in repair the bridges of the County and the roads not improved under this Act, which shall in no year exceed the sum of Ten Thousand Dollars ($10,000) and which shall be expended as hereinafter provided, shall be expended under the directions of the said Engineer, for the permanent improvement of roads as hereinafter provided and for expenses and salaries of his department. All good road moneys now in the County Treasury collected under Chapter 143 of Volume 23 of the Laws of Delaware are also to be expended by said Engineer in permanent improvement of roads in the districts where such moneys were raised. The said Engineer shall not at any time have any interest, directly or indirectly, in any of the contracts for work or materials for improvements of roads under this Act. The said Engineer may at all times consult any State officer having charge of State roads as to the best methods of road construction and any other matter relating to the duties of his office.

Section 5. The Levy Court of Kent County shall out of the Ten Thousand Dollars ($10,000) reserved for its expenditures, as hereinbefore provided, keep in repair the unimproved roads of the County and shall construct and keep in repair the bridges of the County. The office of overseer of roads is hereby abolished. The Levy Court of Kent County shall annually in the month of March appoint one Supervisor of Roads for each Representative District of the County, who shall keep the roads and bridges of his District in repair. Such Supervisor shall have authority to employ men, teams and implements, and purchase materials for the purpose of making such repairs. He shall personally supervise the work in his District, and shall make full and complete reports thereof to the Levy Court quarterly, giving in detail items of work done, men, teams, implements and materials employed, used and purchased, and such other information as the Levy Court shall require. Such reports shall be in duplicate and shall be sworn to by said Supervisor before some officer authorized to administer oaths, and one copy thereof shall be filed in the office of the Clerk of the Peace and the other in the office of the County Comptroller. No money shall be paid out for such labor, teams, implements and materials except upon the order of said Supervisor, countersigned by the member of the Levy Court from his District, and approved by the County Comptroller. No bridges to cost over one hundred dollars shall be built in any District until the same shall be recommended by the County Road Engineer, and the money appropriated by the Levy Court for payment of the same. All such bridges shall be built by contract and upon plans and specifications made by said County Road Engineer. Such contracts shall be awarded to the lowest responsible bidder therefor after advertisements for bids for such work shall have been published for at least two weeks in two newspapers published in Kent County, giving the place, date and hour of the sitting of the Levy Court to consider such bids. The Levy Court may prescribe the amount of certified check that shall accompany such bids, and shall require the successful bidder to enter into contract for such work and to give a bond with surety or sureties to be approved by the Levy Court in such amount as shall be fixed by the Levy

Court conditioned for the faithful performance of the contract. Such contract shall be signed by said contractor and by the President of the Levy Court. The said contract, shall among other things, provide for the retention of at least ten per cent of the contract price for one year after the completion and acceptance of the work, and the money so retained may be forfeited to the county if, within said year the bridge is found not to be in compliance with the contract. The said supervisors of roads shall each receive for their services .an annual salary of two hundred dollars, to be paid by order of the Levy Court out of the road money derived from taxes over and above the ten thousand dollars reserved for repairs, provided, however, that if any supervisor shall work for a period of less than one hundred days in any year the compensation of the said supervisor shall be fixed at a rate of two dollars per diem, and the said supervisor shall receive for his services only such compensation as he is entitled to for the number of days worked at said two dollars per diem allowance.

Section 6. A majority of the owners of the lands abutting on any section of road in the County, not less than two miles in length, may petition the Levy Court to have the same improved under the provisions of this Act. All such petitions for improvement of roads in the year 1913, shall be filed with the Levy Court on or before the first day of May, A. D. 1913. Immediately thereafter, the County Road Engineer shall inspect the roads petitioned for, and shall survey and plot the same and shall on or before the first day of June, A. D. 1913, report to the Levy Court giving estimates of the cost of each road, the improvements which he recommends and such other information as he shall think fit, or the Levy Court shall require. The Levy Court shall within one month after the receipt of such report decide which roads petitioned for shall be improved. Provided, that no Representative District shall be entitled to have improved in any year, more roads than the money decided by the Levy Court to be apportioned to such District by the Levy Court as hereinafter provided, will defray the cost of.

Section 7. The said Levy Court, shall, from time to time, as bonds are sold, as hereinafter provided, apportion among the Representative Districts of the County, according to the assessed valuation of real estate in the several Districts as shown by the last general assessment, the money derived from the sale of such bonds, and the sum so apportioned to the Districts, shall thereafter be used or reapportioned as hereinafter provided. The same shall be kept as a special fund for the improvement of the roads of such Districts until used or reapportioned.

Section 8. In case the petitions for roads in any District, shall not be sufficient to require the expenditure of the moneys apportioned to such District for the year 1913, the amount remaining over, shall be carried to such District's share apportioned to it, out of the money derived from the sale of bonds and other sources in the year 1914.

That on or before the first day of March, A. D. 1914, abutting land owners in the several Districts, may as hereinafter provided, petition the Levy Court for other roads in such Districts. That immediately thereafter the County Road Engineer shall inspect the roads petitioned for and shall survey and plot the same, if he has not already done so, and shall report to the Levy Court as to the needs of such roads and the advisability of improving them. If the total amount of roads petitioned for in any District on or before the first day of March, A. D. 1914, shall be less than will require the expenditure of all moneys apportioned to such District and to which it will be entitled from sale of the balance of said bonds and otherwise, the amount remaining unused of such District's share, shall be carried to such District's share apportioned to it out of the moneys derived from the sale of bonds and other sources in the year 1915, and if the total amount of roads petitioned for in any District on or before March 1, 1915, shall be less than will require the expenditure of all the moneys apportioned to such District and to which it will be entitled the amount of such District's share remaining unused, shall be apportioned among the other Districts of the County where more roads have been petitioned for than the share of such other Districts shall be sufficient to defray the cost of. The intention being that all moneys to be derived from the sale of bonds, from taxes, assessments and otherwise and not used in 1913 and 1914 shall be used for permanent road improvement in 1915. If after 1915, any amount remains unexpended because of failure of abutting land owners to petition or otherwise the same shall be expended in permanent improvement of such roads as shall be decided by the Levy Court to be improved regardless of Districts.

Section 9. The moneys raised in the several Districts under Chapter 143, of Volume 23 Laws of Delaware, and now in the County Treasury shall be applied by the County Engineer to improvement of such roads in that District, other than those petitioned for as shall be decided by the member of the Levy Court from that District. Moneys hereafter paid into the County Treasury under said Chapter 143 of Volume 23, Laws of Delaware Money and appropriated by the State to the purpose of that Act shall go to the County Good Roads Account for the purpose of this Act. The County road moneys raised by taxes under the General Law, shall be expended as follows: So much thereof as is necessary for the construction and repair of bridges and the repair of unimproved roads of the County not exceeding ten thousand dollars, shall be applied to such purpose. So much thereof as is necessary to keep the roads improved under this Act in repair, shall be used for that purpose, and the remainder thereof shall become a part of the County Good Roads Account, and shall be apportioned to the improvement of roads petitioned for or that may be decided by the Levy Court to be improved, as hereinbefore provided.

Section 10. All roads improved under the provisions of this Act, shall require the construction of a road of stone, gravel, cinders, sand and clay, or other good materials, in such manner that the same, shall with reasonable repairs thereto at all seasons of the year be firm, smooth and convenient for travel. Provided that the total cost of any mile of road constructed or improved under this Act, shall not exceed the sum of two thousand dollars. Provided, also, that all roads improved under this Act shall be thoroughly drained.

Section 11. When the said roads to be constructed or improved shall have been selected, said Road Engineer shall cause the same to be surveyed and plotted, designating on such plot the route of such roads, the length and width thereof, all bridges and drains therein, and such other features as he or the said Levy Court may deem proper. Said plot and plans and other information shall be filed in the office at Dover and may at all times, when such office is open, be inspected by any citizen of the County.

Section 12. In case the said Levy Court of Kent County shall deem it advisable to widen, straighten or alter the course of any road or parts thereof, or to obtain any deposits of sand, gravel, clay or other materials deemed by it or the County Road Engineer necessary, said Levy Court and said County Road Engineer shall have authority to enter upon any lands for the purpose of surveying and locating the changes necessary to widen and affect the alterations in the course of such roads, or for inspection, location and ascertainment of the depth of any deposits of sand, gravel, clay or other materials. Any person or corporation owning the land which it will be necessary to procure for the purpose of widening, straightening, altering or changing the course of such roads, or owning such deposits of sand, gravel, clay or other materials, may dedicate the same to the public for the purpose aforesaid, and the said Levy Court may enter into negotiations with such owner or owners for that purpose, and may secure the necessary conveyance or dedication of such land and deposits for that purpose.

It may also purchase such land and deposits from the owner or owners thereof upon such terms as it may deem advisable. All conveyances and dedications shall be to the State of Delaware. All conveyances, dedications and other papers relating to the acquirement of such land shall be and remain a part of the records of the office of the said County Road Engineer. In case the said Levy Court cannot agree with the owner or owners of such lands or such deposits of sand, gravel, clay or other materials for the acquirement of the same, it may apply to the Associate Judge of the Superior Court resident in Kent County, and cause the same to be condemned and acquire the same under the provisions of an Act entitled, "An Act Concerning Public Roads and Bridges," Approved March 7, A. D. 1911.

Section 13. No construction or improvements of roads within the corporate limits of an incorporated town shall be made under the provisions of this Act, unless such town shall appropriate and pay over to Kent County the cost of such construction or improvements before the same shall be begun.

Section 14. After the said Levy Court and County Road Engineer shall have decided the sort of road to be built and the material to be used, such County Road Engineer shall fix the grades and make plans and specifications, for the building of such roads as said Levy Court and County Road Engineer shall decide to build that year, and shall advertise for bids for construction of such roads. The said County Road Engineer shall prepare such plans and specifications for each road separately, and shall advertise for two successive weeks in two newspapers in Kent County for bids to build and construct each road. Such advertisements shall set forth the amount of bond or certified check required of each bidder for the good faith of his proposal; the place where the plans and specifications may be examined and the time and place for the reception of bids. Every bid shall be accompanied by a certified check upon some reliable bank or banking institution in such -sum as the Levy Court and County Road Engineer may determine, and shall be held upon condition, that if the contract shall be awarded to such bidder, he will, when required by the said Levy Court and County Road Engineer, execute a proper agreement with surety, as hereinafter provided, for the faithful performance of the contract for building the road provided for by such plans and specifications and that upon the execution of such contract such certified check will be returned to the bidder. All bids submitted shall be opened at the office of the County Road Engineer at Dover at the time mentioned in said of bide advertisement, and shall be considered and acted upon without unreasonable delay. The said Levy Court and County Road Engineer may reject any and all bids if in their opinion good cause exists therefor, but otherwise, the contract shall be awarded to the lowest responsible bidders. The successful bidders shall give satisfactory evidence of their ability to perform the contract, and shall also furnish a bond for one-third of the amount of the cost of the construction of the work, conditioned that the work shall be performed in accordance with the plans and specifications and terms of the contract. If all bids are rejected, the County Road Engineer shall make new plans and specifications and shall advertise for, receive and consider new bids in the same manner as hereinbefore provided and so on until a bid for construction of such road shall be satisfactory to the Levy Court and County Road Engineer. If such second bids on any section of road are in the judgment of said Engineer and Levy Court too high the said Levy Court may decide to have such section of road constructed or improved by such County Road Engineer who shall for that purpose have authority to employ men, teams and implements and purchase materials and with the consent of said Levy Court may purchase such teams and implements which shall thereafter belong to the County. He shall make such reports as are required to be made by Supervisors which reports shall be filed as are such Supervisors' reports under Section 5. Moneys shall be paid over for such work, materials, teams, implements and other expenses upon the order of such Engineer countersigned by the President of the Levy Court and approved by the County Comptroller. In awarding contracts for construction of said roads, the said County Road Engineer and Levy Court shall provide in such contracts for the date on which the work shall commence, and the date on which same shall be completed, and may provide for forfeitures for failure to complete the work on or before the date for completion.

Section 15. Partial payments may be made on account of said contracts provided for by this Act in the manner provided for in said contracts not exceeding eighty per centum of contract price, and in final payment under such contracts ten per centum of the contract price shall not be paid to the contractors at the time of the completion of the contract, but shall be retained for a period of one year after the completion and acceptance of the work and all contracts entered into under the provisions of this Act shall provide for the maintenance and keeping in repair of the roads to be constructed or improved under such contract for the period of one year from the date of completion and acceptance of the work.

Section 16. After a contract has been executed as aforesaid, the said County Road Engineer shall have entire charge of the work done thereunder and his decision upon all matters pertaining to said contracts shall be final.

Section 17. That when any road decided by the Levy Court to be constructed or improved, as hereinbefore provided, shall have been constructed or improved under the provisions of this Act, the Levy Court of Kent County shall pay for the same out of the moneys derived from the sale of bonds and from other sources, as hereinbefore provided, and shall assess against the property abutting on such road one tenth of the whole cost of making such improvements, one-twentieth of such cost being assessed on the property owners on each side of such road.

When any improvement made under the provisions of this Act is completed, the Levy Court shall cause to be prepared a list showing the names of the property owners, the linear feet of property of each abutting on the said road the amount proposed to be assessed against each parcel of land and the total cost of the improvement. Upon the completion of such list, a copy of the same shall be hung up for at least ten days at some place along such road for the inspection of the public, and notice of the completion of such list, and the place where the same is hung up for inspection as aforesaid, shall be given to all parties in interest by advertisement in at least two newspapers published in Kent County in at least two consecutive issues of said newspapers. Said advertisement shall also state the time when the said Levy Court will hear any objections to such assessment. The time of the meeting for the hearing of objections as aforesaid, shall not be earlier than one week nor later than three weeks from the date of the last issue of the newspaper containing said advertisement. The said Levy Court shall sit to hear such objections at the Levy Court Room in Dover, from ten o'clock in the forenoon until twelve o'clock, noon, of the day designated, and may adjourn from day to day if necessary. The said Levy Court may make such alterations and corrections of the assessments as it shall deem proper. The determinations of the Levy Court shall be final and conclusive. Immediately upon the determination of said Levy Court, it shall certify said assessment to the Collector of Taxes of the District in which the land against which the same is assessed is located, and from the date of such certification, the several amounts shown upon said list shall be a lien upon the property against which the same is assessed, and such lien shall have priority over all other liens and encumbrances or conveyances, except taxes. Any error or mistake in regard to the name of the owner shall not be held to invalidate any assessment, and it shall be sufficient that the name of the last owner as shown by the record in the office of Recorder of Deeds for Kent County is shown upon such assessment.

Section 18. All assessments made in pursuance of this Act shall be based upon the linear feet of property actually abutting upon the road improved, and each linear foot of such property affected abutting on such road shall be assessed alike regardless of the depth, width or other dimensions or value of such property. All assessments so made shall be due upon the date of the certification by the Levy Court to the collector, as aforesaid, but shall not be collectible until the expiration of thirty days from said date. The payment of the amount of any assessment within the said thirty days shall be accepted by the Collector of Taxes as a full satisfaction of such assessment. On all assessments remaining unpaid after the expiration of said thirty days from the date of the certification as aforesaid, interest, at the rate of six per centum per annum computed from the date of the certifying, as aforesaid, shall be added.

Section 19. If any property owner shall have omitted to pay the said assessment at the expiration of thirty days from the date of the certification of the assessment as aforesaid, then and in every such case it shall be the duty of the President of the Levy Court of Kent County to issue his warrant directed to the Collector of Taxes of the District in which the land against which the same is assessed is located, commanding him to levy the entire assessment or so much thereof as shall then remain unpaid, together with accrued interest and all costs thereon, upon the property affected by said assessment, which said property, or any part thereof, shall be sold by the said Collector of Taxes at public auction after advertisement in two successive issues of some newspaper published in said County and a deed from the President of the Levy Court of Kent County shall convey to the purchaser of such property as full and complete a title to said property in fee simple, or otherwise, as if the same were executed by the owner thereof. And it shall be the duty of said Collector of Taxes out of the purchase money of said property so sold as aforesaid to pay all the costs arising from said process and sale to the parties entitled thereto respectively and to retain the amount of such assessment with accrued interest thereon as aforesaid. The residue of said purchase money shall be immediately deposited by the said Collector of Taxes in the Farmers Bank of the State of Delaware, at Dover, to the credit of the owner of the property sold.

Section 20. The Collector of Taxes of Kent County shall render an accurate account of all moneys received or collected by them under the provisions of this Act by the Levy Court of Kent County aforesaid at such times as the said Levy Court shall require. All moneys received and collected as aforesaid, shall be paid to the County Treasurer of Kent County immediately after receipt thereof. All payments made to the County Treasurer aforesaid, under the provisions of this Act, and all moneys raised by the Levy Court of Kent County by the issuance and sale of bonds under the provisions of this Act, and all other moneys by this Act devoted to improvement of roads shall from time to time as paid into the County Treasury be by the County Treasurer set apart to a special account which shall be known as the County Good Roads Account. All moneys being in said account shall be payable only on check or warrant signed by both the County Road Engineer and the President of the Levy Court of Kent County. None of the moneys aforesaid shall be used for any other purposes than to pay for the work and improvements contemplated by this Act.

Section 21. The Levy Court of Kent County is hereby authorized to require of both the County Treasurer and the Collector of Taxes of said County, bonds in addition to those now prescribed by law, in penal sums to be fixed by said Levy Court and with such sureties as said Levy Court shall approve. The conditions of said additional bonds shall be prescribed by the said Levy Court.

Section 22. The Levy Court of Kent County is hereby authorized to borrow money on the faith and credit of Kent County, executing a note or notes of said County therefor and pledging as security for such loan the proceeds of the assessments to be collected for making the proposed improvements authorized by this Act; provided, however, that the aggregate of the sums borrowed under this Section shall not exceed the aggregate amount of assessments unpaid at the time of the execution of any note or notes aforesaid. All moneys so borrowed shall be deposited to the credit of the County Good Roads Account provided for in Section 20.

Section 23. The entire cost of improving the intersections of roads shall be paid out of the moneys raised by the Levy Court of Kent County by the issuance and sale of bonds under the provisions of this Act. Intersections here mean all that portion of the roadways improved lying between the lines extended of the two intersecting roads. Where one road runs into but does not extend beyond another road, then and in such case any property facing the road so running into such other road shall be assessed one-twentieth of the cost and expense of the improvement made to that portion of the road lying within the space bounded by the lines extended of said road. The residue of the cost and the expense of such improvement shall be paid for out of the moneys raised by the County as aforesaid.

Section 24. The improvements authorized by this Act and to be paid for out of the sale of bonds and by assessments on abutting properties shall be completed within five years from the approval of this Act.

Section 25. For the purpose of providing the residue of the funds required for the improvement contemplated by this Act, over and above the aggregate of the assessments against the property affected thereby and the moneys received from taxes, the Levy Court of Kent County is hereby authorized and directed to borrow the sum of One Hundred Thousand Dollars ($100,000) and to this end the said Levy Court is hereby authorized, empowered and directed to issue and sell bonds of Kent County, said bonds to be known as "Kent County Good Roads Bonds" to the amount of One Hundred Thousand Dollars ($100,000).

Section 26. The said bonds shall be of the denomination of One Thousand Dollars ($1,000) each, and bearing interest at the rate of five per centum per annum. The interest upon said bonds 51iall be payable semi-annually in each and every year from the date of issue thereof.

Section 27. Said bonds shall be divided into twenty classes, and shall be paid at their face value as follows:

Section 28. Said bonds shall be prepared under the supervision of the Levy Court Commissioners and shall be signed by the County Treasurer, the President of the Levy Court and the Clerk of the Peace of Kent County and shall be under the seal used by the Levy Court of Kent County. It shall be the duty of such officers to execute said bonds when directed by the Levy Court to do so, and in any case not later than July 1st, 1913, and it shall be the duty of the County Treasurer and the Levy Court to keep a record of said bonds. Said bonds, or any part thereof; shall be sold as follows:

The County Road Engineer shall, on the first day of June, A. D. 1913, and on the first day of April, thereafter in each year advise the Levy Court of Kent County in writing of the estimated portion of the said sum of One Hundred Thousand Dollars herein provided for, which will be needed for the improvement of roads in the succeeding twelve months. Whereupon, the County Treasurer, the President of the Levy Court and Clerk of the Peace, or a majority of them, are hereby authorized and directed to sell a sufficient number of the bonds herein provided for to secure a sum sufficient to defray the cost of improvements to be made during the year; and to this end the County Treasurer, President of the Levy Court and the Clerk of the Peace are hereby directed to advertise twice a week for four consecutive weeks in such newspapers in or out of the State as in their judgment may be conducive to said sale, that they will receive bids at such place or places as may be named in said respective advertisements for the bonds so decided to be sold, under such regulations as may be made in their discretion and accrued interest between the date of the bonds and the time of sale and delivery of and payment for said bonds shall be adjusted with the purchaser thereof under such regulations as may be made in the discretion of the said County Treasurer, the President of the Levy Court and the Clerk of the Peace, provided that any over-due coupons attached to said bonds shall before the sale of said bonds be detached and cancelled in accordance with the provisions of this Act. And upon the day mentioned in said advertisement as the day for opening the bids for the proposals thereby called for, they shall receive such sealed proposals for the purchase of as many of such bonds as may be designated in said advertisement, and on the opening of said sealed proposals as many of said bonds or certificates of indebtedness as have been so bid for shall be awarded by the said County Treasurer, President of the Levy Court and Clerk of the Peace to the highest responsible bidder or bidders therefor, for cash, provided the prices bid are adequate in the judgment of the County Treasurer, President of the Levy Court, and Clerk of the Peace. If two or more bidders have made the same bid and such bid is the highest and the bonds so bid for by the highest responsible bidders are in excess of the whole amount of bonds of certificates so offered for sale, such bonds shall be awarded such highest responsible bidders bidding the same price in a ratable proportion. If any of said bonds so offered for sale are not bid for or if any insufficient price be bid for them they may be subsequently disposed of under the direction of the County Treasurer, President of the Levy Court, and Clerk of the Peace aforesaid at private sale upon the best terms they can obtain for the same. Provided, however that they shall not be sold at private sale for less than par and accrued interest. No commission or other compensation shall be charged or paid to any of said officers for effecting the sale or negotiations of said bonds.

Section 29. Said bonds, principal and interest, shall be payable at the Farmers Bank at Dover, Delaware, in gold coin of the United States of America equal in weight and fineness to the present standard, out of the money from time to time appropriated for that purpose by the Levy Court of Kent County as hereinafter provided; and the said Levy Court is hereby authorized and directed to pay the interest on said bonds to the said Farmers Bank when and as the same shall become due, and to pay said bonds when and as the respective classes mature, in accordance with the foregoing schedule. The said Levy Court in fixing the rate of taxation shall annually, until the first installment of said bonds shall become due and payable, provide for a sum equal to the amount of interest due each year upon said bonds and when said bonds shall become due and payable, shall in like manner provide for a sum equal to the amount of such bonds in addition to the amount necessary to pay the interest on the unpaid bonds as before provided, which shall, when collected and paid to the County Treasurer, be set apart by him in a separate account to be opened for that purpose; and the said County Treasurer shall apply the said sum annually to the payment of such part of said loan and interest thereon as may from time to time become due under the provisions of this Act.

Section 30. All of said bonds shall bear the same date, and shall be numbered from 1 to 100 inclusive. All money received from the sale of any or all of said bonds, after the payment of the charges and expenses connected with the preparation and sale thereof, shall be deposited as herebefore provided.

Section 31. The bonds to be used shall be in the following form to wit:

Section 32. Said bonds shall contain such provisions in addition to those set forth in this Act, and not inconsistent with the requirements of this Act, as said Levy Court shall determine, and the coupons shall be in the following form, to wit:

No. _______

Kent County, Delaware, will pay to the bearer at the Farmers Bank of the State of Delaware, at Dover, on the first day of _______ A. D. ______ the sum of Twenty-five Dollars for six months' interest on Bond No. _______

Kent County Highway Improvement Bond of 1913.

_________________________

County Treasurer

Dated July 1, 1913.

Section 33. That Chapter 140 of Volume 25 of the Laws of Delaware and all Acts or parts of Acts inconsistent with the provisions of this Act be and the same are hereby repealed.

Approved March 20, A. D. 1913.

Class

Amount

Year of Maturity

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T

$5000

$5000

$5000

$5000

$5000

$5000

$5000

$5000

$5000

$5000

$5000

$5000

$5000

$5000

$5000

$5000

$5000

$5000

$5000

$5000

1933

1934

1935

1936

1937

1938

1939

1940

1941

1942

1943

1944

1945

1946

1947

1948

1949

1950

1951

1952

Section 28. Said bonds shall be prepared under the supervision of the Levy Court Commissioners and shall be signed by the County Treasurer, the President of the Levy Court and the Clerk of the Peace of Kent County and shall be under the seal used by the Levy Court of Kent County. It shall be the duty of such officers to execute said bonds when directed by the Levy Court to do so, and in any case not later than July 1st, 1913, and it shall be the duty of the County Treasurer and the Levy Court to keep a record of said bonds. Said bonds, or any part thereof; shall be sold as follows:

The County Road Engineer shall, on the first day of June, A. D. 1913, and on the first day of April, thereafter in each year advise the Levy Court of Kent County in writing of the estimated portion of the said sum of One Hundred Thousand Dollars herein provided for, which will be needed for the improvement of roads in the succeeding twelve months. Whereupon, the County Treasurer, the President of the Levy Court and Clerk of the Peace, or a majority of them, are hereby authorized and directed to sell a sufficient number of the bonds herein provided for to secure a sum sufficient to defray the cost of improvements to be made during the year; and to this end the County Treasurer, President of the Levy Court and the Clerk of the Peace are hereby directed to advertise twice a week for four consecutive weeks in such newspapers in or out of the State as in their judgment may be conducive to said sale, that they will receive bids at such place or places as may be named in said respective advertisements for the bonds so decided to be sold, under such regulations as may be made in their discretion and accrued interest between the date of the bonds and the time of sale and delivery of and payment for said bonds shall be adjusted with the purchaser thereof under such regulations as may be made in the discretion of the said County Treasurer, the President of the Levy Court and the Clerk of the Peace, provided that any over-due coupons attached to said bonds shall before the sale of said bonds be detached and cancelled in accordance with the provisions of this Act. And upon the day mentioned in said advertisement as the day for opening the bids for the proposals thereby called for, they shall receive such sealed proposals for the purchase of as many of such bonds as may be designated in said advertisement, and on the opening of said sealed proposals as many of said bonds or certificates of indebtedness as have been so bid for shall be awarded by the said County Treasurer, President of the Levy Court and Clerk of the Peace to the highest responsible bidder or bidders therefor, for cash, provided the prices bid are adequate in the judgment of the County Treasurer, President of the Levy Court, and Clerk of the Peace. If two or more bidders have made the same bid and such bid is the highest and the bonds so bid for by the highest responsible bidders are in excess of the whole amount of bonds of certificates so offered for sale, such bonds shall be awarded such highest responsible bidders bidding the same price in a ratable proportion. If any of said bonds so offered for sale are not bid for or if any insufficient price be bid for them they may be subsequently disposed of under the direction of the County Treasurer, President of the Levy Court, and Clerk of the Peace aforesaid at private sale upon the best terms they can obtain for the same. Provided, however that they shall not be sold at private sale for less than par and accrued interest. No commission or other compensation shall be charged or paid to any of said officers for effecting the sale or negotiations of said bonds.

Section 29. Said bonds, principal and interest, shall be payable at the Farmers Bank at Dover, Delaware, in gold coin of the United States of America equal in weight and fineness to the present standard, out of the money from time to time appropriated for that purpose by the Levy Court of Kent County as hereinafter provided; and the said Levy Court is hereby authorized and directed to pay the interest on said bonds to the said Farmers Bank when and as the same shall become due, and to pay said bonds when and as the respective classes mature, in accordance with the foregoing schedule. The said Levy Court in fixing the rate of taxation shall annually, until the first installment of said bonds shall become due and payable, provide for a sum equal to the amount of interest due each year upon said bonds and when said bonds shall become due and payable, shall in like manner provide for a sum equal to the amount of such bonds in addition to the amount necessary to pay the interest on the unpaid bonds as before provided, which shall, when collected and paid to the County Treasurer, be set apart by him in a separate account to be opened for that purpose; and the said County Treasurer shall apply the said sum annually to the payment of such part of said loan and interest thereon as may from time to time become due under the provisions of this Act.

Section 30. All of said bonds shall bear the same date, and shall be numbered from 1 to 100 inclusive. All money received from the sale of any or all of said bonds, after the payment of the charges and expenses connected with the preparation and sale thereof, shall be deposited as herebefore provided.

Section 31. The bonds to be used shall be in the following form to wit:

Section 32. Said bonds shall contain such provisions in addition to those set forth in this Act, and not inconsistent with the requirements of this Act, as said Levy Court shall determine, and the coupons shall be in the following form, to wit:

No. _______

Kent County, Delaware, will pay to the bearer at the Farmers Bank of the State of Delaware, at Dover, on the first day of _______ A. D. ______ the sum of Twenty-five Dollars for six months' interest on Bond No. _______

Kent County Highway Improvement Bond of 1913.

_________________________

County Treasurer

Dated July 1, 1913.

Section 33. That Chapter 140 of Volume 25 of the Laws of Delaware and all Acts or parts of Acts inconsistent with the provisions of this Act be and the same are hereby repealed.

Approved March 20, A. D. 1913.

United State of America

State of Delaware

Class ________

Number __________

Kent County Highway Improvement Bond

$1,000

$1,000

Kent County in the State of Delaware, for value received hereby acknowledges its indebtedness and promises to pay to the holder of this bond at the Farmers Bank at Dover, on the ______ day of ______ A. D. 19____, the sum of One Thousand Dollars with interest thereon at the rate of five per centum per annum, -payable semi-annually on the ______ day of ______ and _______ each year.

This bond is one of the authorized issue of one hundred bonds aggregating One Hundred Thousand Dollars, by virtue of and in strict compliance with an Act of the General Assembly of the State of Delaware approved _______ A. D. 1913 and providing for the permanent improvement of public highways in Kent County, Delaware, and in pursuance of a resolution of the Levy Court of Kent County adopted _______ A. D. 19__. It is -hereby certified that this bond is one of the issue authorized by the above recited Act of the General Assembly and the faith and credit of said Kent County are pledged for the punctual payment of the principal and interest of this bond according to its terms.

In Witness Whereof the County Treasurer, President of the Levy Court and Clerk of the Peace, of Kent County, have hereunto set their hand and seal of the Levy Court of Kent County, at the Town of Dover, in Delaware, this first day of July, 1913.

___________________________

County Treasurer of Kent County

___________________________

President of the Levy Court of Kent County

____________________________

Clerk of the Peace Kent County

Section 32. Said bonds shall contain such provisions in addition to those set forth in this Act, and not inconsistent with the requirements of this Act, as said Levy Court shall determine, and the coupons shall be in the following form, to wit:

No. _______

Kent County, Delaware, will pay to the bearer at the Farmers Bank of the State of Delaware, at Dover, on the first day of _______ A. D. ______ the sum of Twenty-five Dollars for six months' interest on Bond No. _______

Kent County Highway Improvement Bond of 1913.

_________________________

County Treasurer

Dated July 1, 1913.

Section 33. That Chapter 140 of Volume 25 of the Laws of Delaware and all Acts or parts of Acts inconsistent with the provisions of this Act be and the same are hereby repealed.

Approved March 20, A. D. 1913.