HomeMy WebLinkAboutR10-024 Authorizing EC Road Supervisor to Issue OrdersCommissioner ~~f~'iti'L~ y "~1 moved adoption
of the followi g`Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2010- y~~
RESOLUTION AUTHORIZING THE EAGLE COUNTY ROAD SUPERVISOR TO
ISSUE ORDERS TEMPORARILY PROHIBITING THE OPERATION OF MOTOR
VEHICLES OR RESTRICTING THE WEIGHT THEREOF ON ANY COUNTY ROAD
WHEN NECESSARY TO PREVENT DAMAGE TO THE ROADWAY AND FOR THE
PROTECTION OF THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY
WHEREAS, the Board of County Commissioners for Eagle County (the "Board"), as the
governing body for the County of Eagle, State of Colorado, is authorized by the provisions of
C.R.S. § 42-4-106(1) to prohibit the operation of vehicles upon any highway under its
jurisdiction or to impose restrictions as to the weight of vehicles to be operated upon any such
highway whenever any said highway by reason of deterioration, rain, snow, or other climatic
conditions will be seriously damaged or destroyed unless the use of vehicles thereon is
prohibited or the permissible weights thereof reduced; and
WHEREAS, the Board is further authorized by C.R.S. § 42-4-111 (1)(v) to adopt such
temporary regulations with respect to county roadways as may be necessary to cover emergency
or special conditions; and
WHEREAS, the Board is empowered under C.R.S. §§30-11-107(a) and 30-11-107(e) to
make such orders concerning the property belonging to the county as it deems expedient and to
otherwise provide for management of the concerns of the County; and
WHEREAS, pursuant to C.R.S. § 18-9-1 17 the Board is empowered to make such orders,
rules and regulations for the administration, protection and maintenance of county-owned
property as it deems appropriate and may regulate the use of all vehicles as to place, time and
manner of use; and
WHEREAS, C.R.S §42-4-111(1)(v) allows local authorities to adopt temporary regula-
tions as may be necessary to cover special conditions or emergencies; and
WHEREAS, C.R.S §42-4-111(1)(y) allows local authorities to regulate the local
movement of traffic or the use of streets or roads; and
WHEREAS, pursuant to C.R.S. § 43-2-111, the Eagle County Road Supervisor as
annually appointed by the Board (the "Road Supervisor") is responsible for county road
_ maintenance and also has the power now lodged with the Board by general enactment for the
prevention of damages to such county roads from ditch overflow, insufficient or unsafe conduits,
flumes, or ditches crossing the public highways, the removal or disposition of any material
injurious to the public highway, unsafe railroad or tramway crossings, or any other cause which
may arise and which comes under the jurisdiction of the Board; and
WHEREAS, the Board has determined that adoption of this Resolution is necessary to
protect the county roads under its jurisdiction within the reasonable exercise of its police power.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, the Road Supervisor, or his designee, is authorized by state statute and by this
resolution to issue an order temporarily pi°ohibiting the operation of motor vehicles on any
county road ("Temporary Road Closure Order"), or restricting the weight thereof, as he deems
necessary for the prevention of damage to county roads for any cause which may arise and which
comes under the jurisdiction of the Board, provided that:
A. Whenever reasonably practical prior to the issuance of a Temporary Road Closure
Order, that the Road Supervisor should first consult with the Eagle County Manager, the Eagle
County Sheriff, the Eagle County Emergency Management Director and any other state or local
official that the Road Supervisor deems appropriate; and
B. Absent exigent circumstances, the duration of any Temporary Road Closure
Order issued by the Road Supervisor should be limited to ten days or less, after which time, the
Road Supervisor should consult with the Board of County Commissioners for direction as to
whether such order may be extended beyond that time.
THAT, any Temporary Road Closure Order in duration of more than ten days should be
approved by a separate resolution of the Board.
THAT, nothing herein shall be construed to limit the authority of any federal agency to
issues orders or cause the closure of any roadway jointly owned by the federal agency and Eagle
County.
THAT, the Board recognizes that not all county roads are maintained during summer or
winter months and such non-maintenance of a county road shall not be deemed a Temporary
Road Closure Order under this Resolution.
THAT, the Board hereby finds, determines and declares that this Resolution is necessary
for the public health, safety and welfare of the residents of and travelers through the County of
Eagle, State of Colorado. .
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado at its regular meeting held the 16`x' day of March, 2010.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: - BOARD OF COUNTY COMMISSIONERS,
~aF ~~
~~
Teak J. Simonton, Clerk to the Board°pA~ Sara J. Fisher, hairman
County Commissioners ~~~
Oll
~~.
Peter F. Runyon,
Commissioner ~~"r~ ~7~-~ ~ seconded adoption of the foregoing resolution. The
roll having been called, the vote w s follows:
Commissioner Sara J. Fisher
Commissioner Jon Stavney
Commissioner Peter F. Runyon
l~'
= 1
This Resolution passed by '~,
of the County of Eagle, State of Colorado.
vote of the Board of County Commissioners
