ROAD IMPROVEMENT , BRIDGES ,
Acts of Congress
1800's - 1919
AN ACT to Create a Road Improvement District in Greene County, Arkansas, to be Known as Hazelwood Road Improvement District No. 2.
Source - 1919 - Acts , Resolutions , and Proposed Constitutionals
Creates Hazelwood Road Improvement District No. 2 of Greene County; names commissioners; provides for their successors.
Be It Enacted by the General Assembly of the State of Arkansas:
Be It Enacted by the People of the State of Arkansas:
Section 1. That the lands hereinafter described are hereby made an Improvement District for the purpose of building a highway or highways, in Greene County, Arkansas.
J. E. Knight, Orville Thompson, Joseph R. Bertig, John J. Monteith and E. D. Songer are hereby named and constituted the commissioners for said district, to hold office for a term of six years and until their successors are elected and qualified in the manner hereinafter provided. They and their successors are hereby declared to be a body corporate under the style of Hazelwood Road Improvement District No. 2, of Greene County, with power to sue and be sued, and have a corporate seal and to do all things necessary to carry out the purposes of this Act. Not less than thirty days nor more than sixty days before the expiration of their term of office, at a meeting of the board, they shall elect five commissioners to succeed themselves, whose term of office shall be six years and until their successors are elected and qualified, which shall be done in the same manner as in this Section provided, all of whom shall be residents of Greene County, and be owners of property within the district, and thereafter the commissioners of said district shall be maintained in succession in the same way, as a Board of Improvement, for the preservation and maintenance of the highway herein contemplated. Vacancies on said board shall be filled by the County Judge, not less than ten days nor more than thirty days after such vacancy shall occur, and provided, should a majority in value or acreage of the land owners in said district petition the appointment of a particular person to fill such vacancy, it shall be the duty of the County Judge to appoint the person so designated.
Section 2. Said district is hereby organized for the purpose of improving that part of the public road in Greene County, Arkansas, towit:
The county public road beginning at the east end of Court Street, in the City of Paragould, Arkansas, and running thence directly east to where it intersects with what is known as the Paragould and Mitchell Point County Public road, and extending thence in a southerly direction to where said Paragould and Mitchell Point road intersects with the county public road known as the Paragould and Hopkins Bridge road, and from this point running thence east along the said Hopkins Bridge road to the west bank of the St Francis River; also that public road beginning where the said Paragould and Mitchell Point road crosses the section line between sections 32 and 33, township 17 north, range 6 east, and from this point running thence due south with the county public road, to the southeast corner of section 5 and the southwest corner of section 4, township 16 north, range 6 east, and from this point running thence due east with the county public road to the southeast corner of section 2, township 16 north, range 6 east, from this point running with the county public road due south two miles, and from this point running due west with the county public road one-half mile and from this point running due south with the county public road, one mile, from this point running due west with the county public road one-half mile, and from this point running due south with the county public road one-half mile, and from this point running due west with the county public road, one mile, to intersect with Eight Mile road; also that county public road beginning at the northeast corner of section 9, and the northwest corner of section 10, township 16 north, range 6 east, and running from this point due south with the county public road to the south line of Greene County, Arkansas; also that county public road beginning on the road known as the Paragould and Hopkins Bridge road near the southwest corner of the southeast quarter of the southwest quarter of section 31, township 17 north, range 7 east, and running from this point in a northeasterly direction with the county public road about one-half mile, and from this point thence practically due north with the county public road about one-half mile, thence from the point last mentioned, about one-half mile north with the county public road, to the section line of said section 31, thence east with the section line and the county public road, about onefourth mile, thence in a northerly direction with the county public road to the south boundary line of the Paragould, Southeastern Railroad right of way. Said roads being the roads heretofore laid out and opened up by the County Court of Greene County, Arkansas. The improvements to be made by said district are to be made on the roads as now laid out by the County Court of Greene County,. Arkansas, or substantially along these lines; and any change in the line of said road to be approved by the County Court of Greene County, Arkansas.
Said highway is to be constructed of macadam, or such other materials as the commissioner's may deem best, and they are authorized to build such bridges and culverts as they may find needful and desirable. Any bridges shall be built as approved by said County Court. In building said highway the commissioners may proceed by letting the work as a whole, or in sections, or they may build the same or any part thereof, with day labor and the use of such county and State convicts as may be ceded to them by the State or Greene County. In case bids are advertised for, the commissioners shall have the right to accept or reject any bid.
Section 3. The territory embraced within said district shall be as follows:
That part of the south half of section 32, lying and being on the outside of the city limits of Paragould, Arkansas, and the south half of section 33, all of section 34, 35, 36, 25, 26, 27 and 24, township 17 north, range 6 east, and all of sections and fractional sections of sections 14, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, all in township 17 north, range 7 east, and all of sections and fractional sections of sections 1, 2, 3, 4, and that part of section 5 lying and being on the outside of the city limits of Paragould, Arkansas, and all of sections 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35 and 36, township 16 north, range 6 east, and all of the sections and fractional sections of sections 5, 6, 7, 8, 18 and 19, in township 16 north, range 7 east, and all railroads, tramroads, rights of way, telegraph and telephone lines, and pipe lines situated in or on any of the lands in said district.
Section 4. The commissioners shall organize by electing one of its members as chairman and by electing a secretary and treasurer.
The treasurer shall be required to give bond in such sum as the commission finds necessary. The commissioners may also employ such other officers, engineers and agents, as they find essential and may fix their compensation. A majority of the commissioners shall constitute a quorum. Each of the commissioners shall receive as compensation the sum of five dollars for each day devoted to the work on the road.
Section 5. The said board of commissioners shall have, and they are hereby vested with power and authority, and it is hereby made their duty to build, construct, maintain and repair said road within said district as herein provided and to carry out the improvement herein contemplated, and in doing so shall expend all necessary sums of money authorized to be levied and collected under authority of this Act.
Section 6. As soon as may be practicable after their qualification, the board shall form plans for the improvement herein contemplated and authorized, and shall procure estimates for the cost thereof. For this purpose said board may employ such engineers and other agents as may be needful, and may provide for their compensation, which, with all other necessary expenditures, shall be taken as a part of the cost of improvement. If for any cause, the improvement shall not be made, said cost shall be a charge on the real property in the district, and shall be raised and collected by an ad valorem tax on the real estate in said district, on the basis of the county assessment, by and through a receiver appointed by the chancery court.
Section 7. The words "real property" whenever used in this Act, shall have the same meaning and signification as are attached to said words in the Act providing for the collection of the State, county and city revenues.
Section 8. As soon as said board of commissioners shall have formed the plan of improvement, and shall have ascertained the cost thereof, if they deem it expedient to make such improvement, they shall appoint three electors of the county, who shall constitute a board of assessment of the benefits to be received by the several and particular tracts of land, railroads and tramroads, telegraph, pipe and telephone lines within the district by reason of the local improvements.
Section 9. Each of the said assessors shall, before entering on the discharge of his duties, take an oath that he will well and truly assess to the best of his knowledge and ability the value of all benefits to be received by each land owner by reason of the proposed improvements as affecting the lands, railroads, tramroads, telegraph, pipe and telephone lines within the district, which oath shall be filed with the secretary of the board of commissioners, and such board of assessors shall make an assessment of all the lands in said district in a book or books provided by the board for that purpose. The said lands shall be entered upon this book or books in convenient sub-divisions as surveyed by the United States Government, in appropriate columns showing the names of the owners of said lands, a description of the lands (the descriptions to be in as large tracts as convenient), the value of the benefit that will accrue to each tract by reason of the improvement.
Provided, that no error in the names of the owners of lands or improvements or the description thereof shall invalidate said assessment for levy of taxes. Whenever the board of commissioners may deem it best they may employ one or more competent surveyors whose duty it shall be to survey any or all of the lands in the district as they, may be directed by the board for the purpose of ascertaining what is subject to taxation hereunder, and to furnish to the assessors such information as they may deem necessary" for a proper assessment of the real property in the district.
Section 10. The said assessors shall make their assessment at such times as they may be directed to do so by the board of commissioners, and shall place in the hands of the chairman of the board of commissioners their report of said assessment, thereupon the said chairman of the board shall give twenty days' notice by publication in a weekly newspaper published in said County of Greene, for two insertions, describing the lands assessed and calling on the land owners aggrieved by reason of the assessment to appear on the day therein named, before the board of assessors at a place of meeting to be named in said notice, for the purpose of having any wrongful or erroneous assessments corrected; that after said notice shall have been given, the assessors shall meet at the place named in said notice on the day mentioned therein and shall hear any complaint of land owners and persons interested and adjust any errors or wrongful assessments, and their assessments as adjusted shall be the assessment of said road improvement district until the next assessment shall have been ordered by the board of commissioners. Any person, firm or corporation aggrieved by the action of the board of assessors fixing the assessment as herein provided, shall have the right for twenty days from the date of adjournment of said board of assessors sitting as a board of equalization as aforesaid to appeal from their decision to any court of competent jurisdiction to set aside said assessment list or to correct any void or erroneous assessment thereon; but after the expiration of the said twenty days the said list shall become final and incontestable either at law or in equity.
No injunction or process shall issue to stay any work on said road, or the collection of any tax hereunder, unless the party applying therefor shall first enter into bond, with good and sufficient security, to be approved by the judge of the court granting same, and payable to the board of commissioners, for the benefit of said board and all persons interested, conditioned for the payment of all damages and costs as shall be sustained by granting the same if wrongfully granted, nor shall any such injunction be granted except on ten days'. notice to the chairman of the board of commissioners, which notice shall state the time and place of the intended application for said injunction.
Said assessors shall hold office at the pleasure of the said board of commissioners and shall receive for their services such compensation as may be fixed by the board of commissioners, not to exceed the sum of five dollars per day and such sums as they may actually expend in the discharge of their duties; such expense accounts to be itemized by the assessors and audited and allowed by the board of commissioners.
In all meetings of said board of assessors a majority thereof shall constitute a quorum for the transaction of business.
Section 11. All assessment of benefits on said real property in said district made by the board of assessors, as in this Act provided, shall draw interest at the rate of six per cent per annum from date of assessment until paid, and it shall be provided by resolution of the board of commissioners that the assessment of benefits and interest as herein provided, shall be paid in successive annual installments so that no local assessment shall in any one year exceed twentyfive percentum of the assessed benefits and interest accruing to said real property.
The commissioners may require the assessors to revise their assessment not oftener than once per annum, increasing or diminishing the assessment against particular pieces of property as justice requires; provided, that the total amount of benefits shall not be diminished if the district shall have borrowed money or incurred indebtedness. Notice of the revised assessments shall be given as in cases of the original assessment, and it shall be equalized in like manner.
Section 12. The secretary of the board shall each year, on or before the first day of January, make out and deliver to the collector of Greene County, a book showing all lands, railroads and tramroads within the district, in parcels, as the same appear upon the county assessments books of Greene County, the name of the owner there appearing and the amount of taxes to be collected for Hazelwood Road Improvement District No. 2, in Greene County as levied by the commissioners of said district, and it is made the duty of the collector of said county to collect said taxes along with the other taxes, and for his services the collector shall have and receive the same commission that he is allowed for collecting the taxes of the county and State. Said taxes, when collected, shall be paid over to the treasurer ^f the district at the same time that he pays over the county funds. If the collector shall fail to collect the taxes hereby provided for, along with the other taxes, he shall be subject to a penalty of one hundred dollars for each instance in which he shall collect from an individual the other taxes and omit the road tax provided for herein, unless said road tax has been enjoined by a competent jurisdiction; the said penalty to be recovered in a suit by the commissioners to the use of the district.
Section 13. The treasurer shall pay out no money, save upon the order of the board, and upon a warrant signed by the chairman and countersigned by the secretary thereof. He shall be allowed a commission not exceeding one per centum upon all sums lawfully paid out, to be fixed by the board.
Every warrant shall state upon its face to whom, the amount and the purpose for which it is issued. All warrants shall be dated and shall be numbered consecutively in a record to be kept by the board of the number and amount of each; and no warrant shall be paid unless there is in the treasury funds enough to pay all outstanding warrants bearing a lower number. No warrant shall be increased by reason of any depreciation in the market value thereof, nor shall any contract or warrant be made payable or paid in anything but currency.
The commissioners shall require the treasurer to deposit the funds of the district in a solvent bank, which will pay interest at not less than 3 per cent on daily balances, and shall give a bond with sufficient sureties, conditioned that said bank shall promptly pay all checks on said deposit then due; but no such order shall be effective unless in writing, and entered on the minutes of the board before said funds are deposited with such bank. When such depository has been created, all funds shall be paid to it, and the treasurer shall be entitled to no commission thereon.
Section 14. All contractors shall be required to give bond for the faithful performance of such contracts as may be awarded them, and that all material and labor used in the work will be promptly paid for with good and sufficient sureties, in an amount to be fixed by the board; and the board shall not remit or excuse the penalty or forfeiture of said bond or the breaches thereof. Any person furnishing labor or materials used in the work shall have the right to recover on said bond. The board may appoint all necessary agents for carrying on the work and may fix their pay. They may buy all necessary material and implements and may sell such as may be on hand and which may not be necessary for the completion of the improvement under way, or which may have been completed; and may, in general, make all such contracts in the prosecution of the work as may best subserve the public interests.
It shall be the duty of the board to have the amount of work done by any contractor estimated from time to time, as may be desirable, by the engineer selected by the board, and the board shall draw its warrants in favor of the contractor for not more than ninety per cent of the work so reported; reserving the remainder until it has been ascertained that the work has been completed according to contract, and is free from liens.
Section 15. In order to do the work the board may borrow money at a rate of interest not exceeding six per centum per annum, may issue negotiably bonds therefor, signed by the chairman and secretary of the board, and may pledge, assign and mortgage all assessments for the repayment therefor. It may also issue to the contractors who do the work its negotiable evidences of debt, bearing interest at not exceeding ten per cent.
No bonds issued under the terms of this Act shall run for more than thirty years, and all issues of bonds may be divided so that a portion thereof may mature each year as the assessments are collected, or they may be made, payable at the same time, with proper provisions for a sinking fund.
Section 16. No member of said board of improvement shall be liable for any damages sustained by any one in the prosecution of the work under his charge, unless it shall be made to appear that he has acted with a corrupt and malicious intent.
Section 17. All taxes levied under the terms of this Act shall be due and payable between January 1 and March 31, inclusive, of each year; and if any taxes levied in pursuance to this Act are not paid at maturity, the collector shall report such delinquencies to the board of commissioners of said district who shall add to the amount of the tax a penalty of twenty-five per cent; and said board of commissioners shall enforce the collection by chancery proceedings in any court having chancery jurisdiction and said court shall give judgment against said lands, railroads or tramroads, telegraph and telephone lines for the amount of such taxes, and said penalty of twenty-five per cent, and interest on same, from the first day of April at a rate of six per cent per annum, and all costs of the proceedings. Such judgments shall provide for the sale of said delinquent lands for cash, by a commissioner of the court, after advertising as hereinafter set out. Said proceedings and judgment shall be in the nature of proceedings in rem,and it shall be immaterial that the ownership of said lands be incorrectly alleged in said proceedings, and such judgment shall be enforced wholly against said lands, and not against any other property or estate of said defendant. All or any part of said delinquent lands, railroads or tramroads, telegraph and telephone lines, may be included in one suit instituted for the collection of said delinquent taxes, etc., as aforesaid, and notice of the pendency of such suit shall be given by publication weekly for four weeks before judgment is entered, for the sale of said lands, railroads or tramroads, telegraph and telephone lines, in some newspaper published in Greene County, which public notice may be in the following terms:
Hazelwood Road Improvement District No. 2 in Greene County,
vs. Delinquent Lands.
All persons having or claiming an interest in any of the following described lands, are hereby notified that suit is pending in the Chancery Court of Greene County, Arkansas, to enforce the collection of certain road taxes on the subjoined list of lands, the name of each supposed owner having been set opposite his or her or its lands, together with the amounts severally due from each, towit:
(Then shall follow a list of supposed owners, with a descriptive list of said delinquent lands and amounts due thereon respectively, as aforesaid.)
And said public notice may conclude in the following form:
All persons and corporations interested in said lands, are hereby notified that they are required by law to appear within four weeks and make defense to said suit, or the same will be taken as confessed and final judgment will be entered directing the sale of said lands for the purpose of collecting said taxes, together with the payment of interest, penalty and costs allowed by law.
Clerk of said Court
Source - Annual Report of Secretary of War - 1898
April 11,1898 — An Act To authorize the construction of a bridge across Saint Francis River, in the State of Arkansas.
Be it enacted by the Senate and House of Representatives of the United States of Americain Congress assembled, That the Saint Francis Bridge and Plank Road Company of Paragould , Arkansas, incorporated under the laws of said State, is hereby authorized to construct, operate, and mainetain a drawbridge across Saint Francis River, at or near the township line between townships sixteen and seventeen north, in Green County, State of Arkansas. Said bridge shall be constructed in accordance with such plans approved as the Secretary of War may decide to be necessary in the interest of navigation; and the draw shall be constructed in accordance with such plans as may be approved by the Secretary of War, and may be of pontoon or other construction, and may, by permission and under the direction of the Secretary of War, be changed. Said bridge shall provide for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers, Toil. and the said company may charge reasonable rates of toll , to be approved by the Secretary of War.
Sec. 2. That said bridge constructed
under this Act route and postshall be a lawful structure, and shall be recognized
as a post route, upon which no charge shall be made for the transmission over
the same of the mails, troops, and munitions of war of the United States; and
equal privileges in Telegraph the use of said bridge shall be granted to all
telegraph companies , and the United States shall have the right of way
across said bridge and approaches for postal telegraph purposes: Provided
, that before the construction of any bridge herein authorized is
commenced the said company location plans, shall submit to the Secretary
of War, for his examination etc' and approval, a
design and drawing of such bridge and a map of the location, giving sufficient
information to enable the Secretary of War to fully and satisfactorily
understand the subject, and unless the plan and location of such bridge are
approved by the Secretary of War the structure shall not be built: Provided further. That any bridge
constructed under authority of this Act shall at all times be so kept and
managed as to offer proper and reasonable means for the passage of vessels and
other water crafts through or under said structure; and for the safety of
vessels passing at night there shall be displayed on said bridge from sunset to
sunrise such lights or other signals as may lights
be prescribed by the Light-House Board when any vessel shall signal to
Sec. 3. That this Act shall be null and void if actual commence construction of the bridge herein authorized be not commenced within one year and completed within three years from the approval of this Act.
Sec. 4. That Congress shall have the power at any time Amendment, to alter, amend, or repeal this Act, or any part thereof , if in its judgment the public interests so require.