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HomeMy WebLinkAboutR81-20 Readopting and Amending the Road Cut Permit and Road Construction Permit Resolution<. .. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0. 81-~~ A RESOLUTION READOPTING AND AMENDING THE ROAD CUT PERMIT AND ROAD CONSTRUCTION PERMIT RESOLUTION, COUNTY OF EAGLE, STATE OF COLORADO, ADOPTED AUGUST 13, 1979, AND AS AMENDED BY RESOLUTION N0. 80-42 AND RESOLUTION N0. 81-18, RESPECTIVELY. WHEREAS, Eagle, State of "Board", did on Resolution regu County pursuant WHEREAS, the Board of County Commissioners, County of Colorado, hereinafter referred to as the the 13th day of August, 1979, adopt a Lating work within the public ways of Eagle to § ~30-11-107, C.R.S. 1973, as amended; and the Board did on the 5th day of August, 1980, pursuant to a public hearing held the 22nd of July, 1980, amend the aforesaid Resolution to require the retention of collateral by the County for a period not to exceed one (1) year to warrant all work performed under the provisions of said Resolution pursuant to Resolution No. 80-42; and WHEREAS, the Board did on the 4th day of May, 1981, amend Sections 10, 12, 16, 17, 19, 24, 28, 37 and 38, respec- tively, of the aforesaid Resolution pursuant to Resolution No. 81-18; and WHEREAS, the Board did on the 23rd day of June, 1981, hold a public hearing to consider amendments to the Road Cut Permit and Road Construction Permit Resolution, said amend- ments being set forth in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, notice stating the time and place of the public hearing was duly given by publication in the Eagle Valley Enterprise on May 14, 1981, and June 11, 1981, respectively; and WHEREAS, the Board has determined that said amendments to the Road Cut Permit and Road Construction Permit Resolution are necessary and designed for the purpose of promoting the health, safety and welfare of the inhabitants of the Eagle County and in the best interests of the people . of the County and of all persons using or relying upon the public ways of the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, County of Eagle, State of Colorado: THAT, the Road Cut Permit and Road Construction Permit Resolution of the County of Eagle, State of Colorado, as amended, is hereby amended as set forth in Exhibit "A". THAT, the entirety of the Road Cut Permit and Road CosZStruction Permit Resolution, County of Eagle, State of Colorado, as amended, and as herein amended, is hereby readopted. THAT, this amendment and the readoption of the Road Cut Permit and Road Construction Permit Resolution, County of Eagle, State of Colorado, as amended, shall not constitute or be construed as waiver of any violations existing at the time of adoption of this Resolution. THAT, a copy of the above amendments shall be kept in the office of the Board of County Commissioners, County of Eagle, Colorado, and the office of the Eagle County Engineer, and there made available for public inspection. THAT, it shall be unlawful for any person to violate the terms of this Resolution, or of any lawful orders or regulations issued incident thereto, including, but not limited to the County Engineering Regulations, Design Standards and Construction Standards. Any such violation shall render the violator appropriate civil proceedings and/or criminal proceedings pursuant to § 43-5-301, C.R.S. 1973, as amended. -2- THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached Exhibit A, be declared by a court of cor_lpetent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole, or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, this Resolution 'shall be effective June 23, 1981. THAT, this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND UNANIMOUSLY ADOPTED by the Board of County Commissioners, County of Eagle, State of Colorado, at its regular meeting held the 23rd day of June, 1981. COUNTY OF EAGLE, STATE OF COLORADO By and through its =~~~~ BOARD OF COUNTY COMMISSIONERS ATTEST : By : Q:CC Da e F. Grant, hairman er o the r of Keith Troxe~., CCo- mmissioners ounty Commissioners APPROVED AS 'TO''FORMc~ ~-,~-' ~ ... _ -,..._ -. --. __ .. Dan i liams, Commissioner Beth A. Whittier County Attorney -3- Y t I ~ EXHIBIT "A" TO RESOLUTION N0. 81- AMENDMENTS TO THE ROAD CUT PERMIT AND ROAD CONSTRUCTION PERMIT RESOLUTION, COUNTY OF EAGLE, COLORADO, AS ADOPTED AUGUST 13, 1979, AND AS AMENDED BY RESOLUTION N0. 80-42 AND RESOLUTION N0. 81-18, RESPECTIVELY. I. Section 9 entitled "Permit Fees" is hereby amended by the repeal and reenactment of said Section to read as follows: SECTION 9. PERMIT FEES. A fee of Fifteen($ 15.00) Dollars shall be required for each road cut permit issued. The County Engineer may increase the road cut permit fee, not to exceed Fifty ($ 50.00) Dollars, upon a determination that the cost and expense in the adminis- tration,of this Resolution has increased. A fee of Two Hundred Fifty ($ 250.00) Dollars per thousand feet of public way shall be required for each road construction permit issued. Said fee shall be used for inspection and spot checking of the quality control of any work performed on a public way i.e. material graduation, material compaction and horizontal control. Said fees are non-refundable and shall be placed in the County General Fund of the County and used to offset the cost of administration of this Resolution. Said fees may be refundable in the discretion of the Board of County Commissioners upon proper appeal by the permittee. In addition to the foregoing fees, an applicant, prior to the issuance of a road cut permit, for work in a public way shall remit to the county a fee in the amount of five dollars ($ 5.00) per square foot of asphalt to be removed and which will require resurfacing or patching by reason of the applicant's/permittee's road cut. Said fee shall be used for the resurfacing or patching of the subject road cut by the County or a contractor retained by and under the direct supervision of the county. Such Hatching or -4- resurfacing shall be the sole responsibility of the County, and shall not be an obligation or requirement of the permittee. Notwithstanding the foregoing, in the event that the total amount of public way required to be resurfaced or patched is greater than one hundred (100) square feet, the aforesaid fee in the amount of five dollars ($ 5.00) per square foot shall not be required, and the applicant/permittee shall be obligated and responsible for any resurfacing or patching required on a public way by reason of his road cut. -5-