The Kentucky General Assembly, in April 1886, passed an act to authorize Bullitt County to hold an election to determine if the people wanted a levy enacted to construct multiple new roads in the county. This Act is transcribed below, and is taken from Acts of the General Assembly of the Commonwealth of Kentucky, 1886, pages 1226-1232.
AN ACT to authorize Bullitt county levy court to issue county bonds for the purpose of constructing certain turnpike roads in said county, and to levy a tax to pay off said bonds and interest thereon.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
§ 1. That the Bullitt county levy court is hereby authorized to issue and sell eighty thousand dollars worth of county bonds. Each bond shall be for one thousand dollars, bearing interest at the rate of six per cent, per annum, payable semi annually. Said bonds shall be made payable to bearer, and payable at the People's Bank of Kentucky, Louisville, Kentucky, with interest coupons attached to same. Said bonds shall be numbered serially. Said bonds shall become due and payable thirty years from the date of their issue: Provided, The said court shall have the right to call in and redeem as many as four of said bonds annually, by giving sixty days' notice to the holders of same. Said bonds and coupons shall be printed on the best paper used for that purpose, and in the most approved manner, in order to secure durability and their salable value, and shall be signed by the judge of the Bullitt county court, and countersigned by the clerk of said court.
§ 2. That said bonds shall be sold at a price not less than eighty-five per cent, of their face value, and the proceeds derived from the sale of said bonds shall be applied exclusively to the building and construction of certain turnpike roads in Bullitt county as hereinafter designated. At least twenty thousand dollars shall be raised from the sale of said bonds before the construction of any of said roads shall be commenced.
§ 3 The turnpike roads to be constructed out of the proceeds derived from the sale of the bonds mentioned in the foregoing sections of this act are located as follows, to wit: A road leading from Shepherdsville, in said county, to Mt. Washington, in said county, the most direct and practical routes. A road leading from Shepherdsville, in said county, running through Lencher's district to the Nelson county line, the most direct and practical route. A road leading from Shepherdsville, in said county, to Wilson's creek by way of the Bardstown Junction, through the Pine Tavern, district, the most direct and practical route. A road leading from Shepherdsville to Pitt's Point, on the north side of Salt river, by way of Bullitt's Lick, the most direct and practical route. A road leading from Belmont, in said county, to Wooldridge's ferry, the most direct and practical route. Road leading from the head of Knob creek to River View, in Jefferson county.
§ 4. The said court shall appoint five intelligent Commissioners citizens of said county, who are hereby empowered to sell the aforesaid bonds as directed in this act. They shall enter into a bond and covenant with the Commonwealth of Kentucky, with good security for the faithful performance of their duties, and to account for all moneys that may come to their hands. The principal and sureties in said bond shall, in the aggregate, be worth not less than one hundred thousand dollars. Said bond to be approved by the judge of Bullitt county court. The aforesaid commissioners shall be known as and called the Bullitt County Turnpike Fiscal Board. They shall record in a book to be kept for that purpose a full and complete account of their proceedings. Any three of said board shall constitute a quorum for the transaction of business. They shall hold office for two years, or until their successors are appointed and qualified. Said board shall make a full report, in writing, every three months to the Bullitt county court of its acts and doings, showing the amount of money in their hands derived from the sale of bonds as aforesaid. They shall not pay over to any one the money derived from the sale of said bonds only upon the order of the Bullitt county levy court.
§ 5. The Bullitt county levy court are hereby authorized to levy a turnpike tax upon all the taxable property in said county, not exceeding thirty-five cents on the one hundred dollars, in order to provide for the payment of the annual interest on the bonds aforesaid and the redemption of same as they may fall due.
§ 6. It shall be the duty of the sheriff of said county to collect said tax; and he shall execute a bond eaeh year for the collection of said tax, with good security, to be approved by the judge of the Bullitt county court; he shall receive four per cent, for the collection of said tax. It shall be the duty of the sheriff to pay over said tax to the Bullitt county turnpike fiscal board, by the first day of April in each year, and upon his failure to do so, he and his sureties shall be liable for the full amount of said tax, together with ten per cent, damages on same; and the said Bullitt county fiscal board are authorized and empowered to bring suit on the said sheriff's bond for such tax and the damages thereon.
§ 7. It shall be the duty of the judge of the Bullitt county court to appoint three competent, intelligent persons to act as turnpike commissioners for said county, whose duty it shall be to let out and contract for the building and construction of the turnpike roads mentioned in this act. They shall first have said roads surveyed and located and their probable costs estimated by a competent engineer; the expense of said survey shall be paid by Bullitt county, and secure the right of way for the said roads, and are hereby authorized to institute such proceedings as may be necessary to condemn lands for the purpose of securing the right of way for said roads. All such proceedings shall be in the name of Bullitt county, and shall be regulated by the law now applicable to proceedings under writs of ad quod damnum. Said commissioners shall not contract for the construction of either of said roads until the survey and location of same is reported by them to the Bullitt county levy court and adopted by action of said court. They shall advertise for sealed bids for the construction of said roads; and shall report the said bids, unopened, to the Bullitt county levy court, and shall make a contract with the bidder whose bid is accepted by said court. They shall take a bond from the contractor or contractors, payable to Bullitt county, with good security, for the faithful performance of his or their contract. In all such contracts twenty per cent, of the road under construction shall be retained until the completion of the work and acceptance of the road by the said commissioners. It shall be the duty of said commissioners to look after the construction of said roads, and to see that the contractors comply with their contract, and to that end they shall have power to stop any contractor from work when, in their judgment, he is failing to comply with his contract. No money shall be paid under any contract for the construction of said roads only upon the written order of said commissioners. The action of any two of said commissioners shall be deemed the action of the board. The county levy court shall provide a reasonable compensation for said commissioners for the time they are actually employed, not exceeding three dollars per day.
§ 8. The bonds mentioned in the first section of this act shall not be issued until this act is submitted to the qualified voters of Bullitt county, and the same is ratified by them as hereinafter provided.
§ 9. It shall be the duty of the sheriff of Bullitt county to hold an election on the last Saturday in hold an election on the last Saturday in August, 1886, in said county for the purpose of submitting this act to the qualified voters of said county. He shall cause a poll-book to be opened in each voting precinct in said county by six o'clock A. M., and to remain open until seven o'clock P. M. The regular officers of the election appointed to hold the regular August election shall be officers to conduct the election held under this act. The sheriff shall provide for each voting precinct a poll-book appropriately ruled to take the sense of the voters whether or not they will ratify or reject this act. If the sheriff should fail or refuse to perform any of the duties imposed upon him by this act, he shall upon conviction thereof be fined five hundred dollars, to be recovered on indictment in the Bullitt circuit court.
§ 10. It shall be the duty of the officers conducting the election provided for by this act to propound to each voter the following question: "Are you for or against the turnpike tax?" All persons voting for the tax shall be recorded in a separate column made for that purpose, and all persons voting against the tax shall be recorded in a separate column made for that purpose. None but persons entitled to vote for Representative shall be entitled to vote at said election. At the close of the polls the judges and clerk of said election in each precinct shall carefully compare the votes cast, and make out a certificate in the back of said poll-book showing the result, and they shall sign said certificate. They then shall seal said book, which shall be returned to the county clerk on the next Monday after said election by the sheriff of the election. If either of the above named officers shall fail to perform any of the duties enjoined upon them by this act, they shall, upon conviction thereof, be fined in the sum of one hundred dollars, to be recovered on indictment in the Bullitt circuit court.
§ 11. It shall be the duty of the county judge, county clerk and sheriff of the county to convene at the county clerk's office in said county, on Wednesday following said election, for the purpose of canvassing said poll books. They shall make a certificate showing the result of said election, which certificate shall be spread upon the order book of the Bullitt county court. If either of the said officers shall fail or refuse to discharge the duties imposed upon them by this act, shall be fined in the sum of one hundred dollars, to be recovered upon indictment in the Bullitt circuit court.
§ 12. If the result of said election shows that a majority of the votes cast at said election are in favor of the tax provided for by this act, then it shall be the duty of the judge of the Bullitt county court to call a term of the levy court, and to proceed at once to execute the provisions of this act; and upon the failure of the county judge and the members of the levy court to discharge the duties imposed by this act, each of them shall be fined in the sum of one hundred dollars, to be recovered upon indictment in the Bullitt circuit court. This act shall be published in full in the Bullitt Pioneer or some other county paper, at least four weeks before the time for holding the election as provided for herein. It shall be inserted at least four times, and the cost of publication shall be paid by the Bullitt county levy court. The bonds which may be issued by virtue of this act, shall in nowise be impaired or vitiated by reason of any irregularity incident to the election held under this act.
§ 14. That in the event the voters of Bullitt county shall fail to ratify and adopt this act on the last Saturday in August, 1886, then, upon the petition of at least twenty voters of said county, the county judge of said county shall order an election in twelve months thereafter, and have this act submitted to the qualified voters of said county for adoption or rejection, and each year thereafter until said act is adopted.
§ 15. This act shall take effect from its passage.
Approved April 6, 1886.
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