Private Acts of 1945 Chapter 562

SECTION 1.  That Chapter 130 of the Private Acts of 1939, the caption of which is set forth in the caption of this Act, be and the same is hereby amended so as to provide that there shall be elected from the county at large at the general election to be held in August, 1946, a County Superintendent of Roads, whose term of office shall be for a period of four years and whose compensation shall be eight thousand five hundred dollars ($8,500) per annum, which shall be paid out of the general road funds.

SEC. 2.  That Chapter 130 of the Private Acts of 1939, the caption of which is set forth in the caption of this Act, be and the same is hereby amended so as to provide that all of the rights, powers and duties belonging to the County Road Commission under said Act be and they are hereby transferred in their entirety to the Superintendent of County Roads, who shall be elected under the terms of this amendatory Act.

SEC. 3.  That Chapter 130 of the Private Acts of 1939, the caption of which is set forth in the caption of this Act, be and the same is hereby amended so as to provide that the Superintendent of County Roads elected under authority of this Act shall have the right and authority to appoint a secretary, who shall serve at the pleasure of the Superintendent of County Roads and receive a minimum salary of $250 per month, which shall be paid out of the general road funds.  The quarterly county court may, upon recommendation of the Superintendent of County Roads, authorize a salary greater than the minimum salary in its annual budget for the County Roads department.

The secretary shall have no authority to make purchases and shall perform duties of a ministerial nature under the direction of the Superintendent of County Roads.

SEC. 4.  That Chapter 130 of the Private Acts of 1939, the caption of which is set forth in the caption of this Act, be and the same is hereby amended so as to provide that all funds, books, records and expenditures in the office of the Superintendent of County Roads shall be audited by a committee appointed by the County Court, or by any person or persons designated by the County Court, every three months from and after the date upon which the Superintendent of County Roads takes office under the terms of this Act, which shall be September 1, 1946.

The Superintendent of County Roads shall execute bond in the amount and in the manner provided for the Chairman of the Road Commission as set forth in Section 6 of said Chapter 130 of the Private Acts of 1939.

SEC. 5.  That it is specifically provided that any new roads constructed shall have a right of way of not less than thirty (30) feet, and all purchases, acquisitions or condemnations of land for such purposes shall be based upon a minimum right of way of thirty (30) feet.

SEC. 6.  That the Superintendent of County Roads created under the terms of this Act shall, by the first day of January of each year, prepare a budget for the ensuing year, setting up the anticipated County Highway funds for said ensuing year, and he is hereby prohibited from purchasing any material or equipment during said year in excess of his budget or the revenues anticipated during said calendar year.  He is expressly forbidden to purchase any material or equipment on credit except such as may be paid for during the current year from funds received for County Highway purposes within said year.  Any violation of the terms of this provision shall constitute a misdemeanor and the punishment shall be as fixed under the general laws for misdemeanors.  It is further provided that any violation of this section shall constitute grounds for removal from office under the general provisions of the Ouster Law.

SEC. 7.  That this Act shall take effect from and after its passage, the public welfare requiring it.

Passed:  February 28, 1945.