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HomeMy WebLinkAboutR80-42 Road Cut Permit/Road Construction Resolution AmendmentRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 80- �',. A RESOLUTION READOPTING AND AMENDING THE ROAD CUT PERMIT AND ROAD CONSTRUCTION PERMIT RESOLUTION, COUNTY OF EAGLE, STATE OF COLORADO, ADOPTED JUNE 26, 1975 AND AMENDED AUGUST 13, 1979 WHEREAS, the Board of County Commissioners, County of Eagle, State of Colorado, hereinafter referred to as the "Board ", did on the 26th day of June, 1975, adopted a resolution regulating work within the public ways of Eagle County pursuant to Section 30 -11 -107, C.R.S. 1973, as amended; and WHEREAS, the Board did on the 13th day of August, 1979, amend said resolution to require a road construction permit and fee to cover the costs of expenditures by the County for inspection and spot checks of the quality control of the construction of any public way; and WHEREAS, the Board did on the 22ndday of July, 1980, hold a public hearing to consider an amendment to the Road Cut Permit and Road Construction Permit Resolution regarding the retention of collateral by the County for a period not exceeding one (1) year to warrant all work performed under the provisions of said Resolution as set forth in Section 10 entitled "Bond" therein; and WHEREAS, notice stating the time and place of the public hearing was duly given by publication in the Eagle Valley Enterprise on June 19, 1980 and July 10, 1980, respectively; and WHEREAS, the Board has determined that said amendment to the Road Cut Permit and Road Construction Permit Resolution is 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" attached hereto and incorporated herein by this reference. THAT, the entirety of the Road Cut Permit and Road Construction 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, 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 under Section 43 -5 -301, C.R.S. 1973, as amended. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached exhibit A, be declared by a court of competent 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 is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, SECONDED AND UNANIMOUSLY ADOPTED by the Board of County Commissioners, County of Eagle, State of Colorado, at its regular meeting held the 22nd day of July, 1980. SIGNED this day of August, 1980. ATTES 1( By: n/✓i! .44 C1 rk of the Boa County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: Dale F. Grant, Chairman Keith Troxel, Contli ssioner )/ //" /"1y��_ , Dan Williams,' Commissioner pj .r t 4 EXHIBIT "A" SECTION 10. BOND. The County Engineer shall require the applicant for a road cut permit hereunder to provide the County with a corporate surety bond, irrevocable letter of credit or cash deposit, the amount to be computed on the basis of Five ($5.00) Dollars per lineal foot of road cut right -of -way and Ten ($10.00) Dollars per lineal foot of driving surface cut, not to exceed Twenty -Five Thousand ($25,000.00) Dollars, to guarantee faithful performance of the conditions imposed by a road cut permit granted pursuant to this Resolution. Said collateral shall be required for both paved and graveled driving surfaces. If the Permittee will be performing continuous work on public ways, the the Permittee may provide a corporate surety bond or a cash deposit in the amount of Twenty -Five Thousand ($25,000.00) Dollars. Said collateral shall be retained in lieu of requiring collateral for each separate portion of the project and shall not be released until the completion of all work on the 4 public way. Continuous work as used in this Section does not include work across a public way nor noncontiguous work within one or more public ways. The Board of County Commissioners, in their sole discretion, may increase or decrease the amount of collateral required; and the County Engineer, in his sole discretion, may increase the amount required whenever it shall appear that the amount and cost of the work to be performed may exceed the amount estimated at the time of issuance of the road cut permit hereunder. The term of the bond, letter of credit or cash deposit shall run coincident with the term of the applicant's permit. In addition to providing such bond, letter of credit or cash deposit, the permittee shall provide the County Engineer collateral in the form of a corporate surety bond, irrevocable letter of credit or cash deposit in an amount equivalent to ten percent (10 %) of the amount originally submitted to be retained by the County for a period not exceeding one (1) year from the date of completion and acceptance by the County Engineer of all work performed under this Resolution to guarantee and :warrant all work performed and completed under the provisions of this Resolution. If the County Engineer determines that the permittee will not perform and complete such work as required under the provisions of this Resolution within the specified time, the County Engineer may withdraw and employ from the deposit of collateral such funds as may be necessary to perform and complete the work in accordance with this Resolution. Public Utilities may submit a yearly corporate bond, without sureties. The County Engineer may in his discretion require a separate bond from a Public Utility Company if such utility company is commencing a project entailing a greater amount of road cuts in the public way than normal.