68-516b. Same; delivery of machinery and equipment; appraisement; expenditures within township; assumption of township contracts.

68-516b

Chapter 68.--ROADS AND BRIDGES
PART I.--ROADS
Article 5.--COUNTY AND TOWNSHIP ROADS

      68-516b.   Same; delivery of machinery and equipment; appraisement;expenditures within township; assumption of township contracts.Upon the adoption of the county road [unit] system in any county,the township board of any township in such county shall forthwith turnover and deliver to the board of county commissioners of such county anyand all road machinery and equipment which such township has acquiredfor the purpose of constructing and maintaining township roads. Uponmaking such delivery, the township board shall file with the countyclerk the name of some qualified elector of such township who shall bean appraiser in behalf of the township of such machinery or equipment.

      Within ten (10) days after the filing of the name of said townshipelector with the county clerk, the board of county commissioners shallfile with the county clerk the name of a qualified elector of the countywho does not reside in such township who shall be the representative ofthe county as an appraiser of such machinery or equipment. Within five(5) days thereafter, the township appraiser and the county appraisershall meet and select a third appraiser. Said three appraisers shallconstitute a board of appraisers for the purpose of fixing the value ofthe road machinery and equipment so delivered to the county by thetownship and they shall forthwith make such appraisal. In making suchappraisal, said board of appraisers shall deduct the amount, if any,which the township board owes for any such machinery to any person fromwhom leased or purchased. The amount of such appraisal shall becertified by the board of appraisers and filed in the office of thecounty clerk and the county treasurer. Each of such appraisers shallreceive the sum of fifteen dollars ($15) for making such appraisal whichshall be paid by the county commissioners from the county road andbridge fund.

      Within two (2) years after the filing of such appraisal, the board ofcounty commissioners shall expend for the construction and maintenanceof roads in the township from which such road machinery and equipmentwas received an amount of money equivalent to the appraised value ofsuch machinery and equipment which expenditure shall be in addition tofunds expended by the county in such township from the regular countyroad and bridge fund. That if any of such machinery and equipment sodelivered to the county was purchased or leased by the township under acontract of purchase or lease and such contracts provide that thetownship upon making further payments would receive title to saidmachinery and equipment, then the county shall assume said contracts asto future payments and be liable therefor, which payments shall be madefrom the county road and bridge fund. All copies of such contracts inthe hands of the township board shall forthwith be delivered by thetownship clerk to the county clerk.

      History:   L. 1949, ch. 345, § 3; March 16.