(A) Policy. The Fiscal Court, after conducting a public hearing on April 17, 1978, has determined that there is a legitimate need to further regulate the use of county roads which are sought to be used daily and repeatedly by individuals desiring to operate vehicles having a total gross weight in excess of the posted weight allowed for such roads. Such use of county roads, however, can and does damage the roads so used; otherwise, weight limitations for county roads would not be a proper matter for Fiscal Court regulation. Therefore, an excess weight permit should be made available to individuals desiring the same, if they will undertake to bear the responsibility for road repair for such designated county roads.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DESIGNATED COUNTY ROAD. Specifically-described portions of roads or bridges within the county road system for which an excess weight permit has been issued allowing the applicant to operate vehicles weighing in excess of the posted weight limit over said road.
INDIVIDUAL. A person, partnership, corporation, or authorized agent of a person, partnership, or corporation.
ROAD PATCH CONTRACTOR. The Fiscal Court, whenever it deems necessary, may publicly request bids for road repair work. The party submitting the best bid shall be known as the ROAD PATCH CONTRACTOR who, during the term of his or her contract with the county, shall be responsible for repairing damaged county roads when requested to do the same by the County Engineer.
(C) General powers and duties of the County Engineer regarding excess weight permits.
(1) An applicant for an excess weight permit shall file his or her application with the County Engineer who shall have the exclusive authority to issue the excess weight permit. The County Engineer shall issue an excess weight permit only after he or she has examined the application and has satisfied himself or herself that the applicant has complied with all the requirements set forth in the application.
(2) (a) The County Engineer shall, as necessary, determine road damage to designated county roads and shall notify the individual or individuals having an excess weight permit for that portion of a designated county road so damaged to cause repairs to be made within 24 hours after receiving said notice. If said damaged portion of a designated county road is not repaired within the time period allowed, then the County Engineer shall cause the damaged portion of the designated county road to be repaired by either of the following methods:
1. The County Engineer may direct the county road crew to make the necessary repairs; or
2. The County Engineer may direct the road patch contractor to make the necessary repairs.
(b) If the repair work is done at the direction of the County Engineer, the Engineer shall determine the costs incurred and shall forward a statement of costs to the County Treasurer.
(3) The County Engineer, at any time during the effective period of an excess weight permit, may require the individual to whom said permit has been issued to pay additional sums of money to the County Treasurer to maintain the damage deposit in the amount set out in the application.
(D) Excess weight permit; requirements and use.
(1) An excess weight permit may be issued by the County Engineer to an individual who complies with the following:
(a) Completes and files with the County Engineer an application for excess weight permit DCF-01 (DCF-01 is attached herewith and marked Appendix A for identification);
(b) Delivers to the County Treasurer the damage deposit. An individual shall be required to deposit with the County Treasurer a sum totaling $25,000 per mile or fraction of a mile times the number of miles of blacktop designated county roads set forth in his or her application. If the designated county road is a rock road, then the individual shall be required to deposit $8,500 per mile or fraction of a mile times the number of miles of rock road. When an excess weight permit lapses, any unused part of the damage deposit remaining in the hands of the County Treasurer and not subject to road repair costs shall be returned to the individual who tendered the deposit; and
(c) Delivers to the County Engineer a properly executed surety bond DCF-02 (DCF-02 is attached herewith and marked Appendix A for identification). Said bond shall be in the amount of $120,000 per mile or fraction thereof times the number of miles of blacktop designated county roads. If the designated county road is a rock road, then the surety bond shall be in the amount of $43,500 per mile or fraction of a mile. Said surety bond shall have $25,000 per mile deductibility for blacktop roads and a $8,500 per mile deductibility for rock roads, so that the total of the damage deposit and surety bond for a blacktop road does not exceed $120,000 per mile and for a rock road does not exceed $43,500 per mile.
(2) An individual who has been issued an excess weight permit is authorized to operate vehicles having a total gross weight not to exceed the amount requested over the designated county roads set out in the application for as long as the permit is valid. An excess weight permit shall be valid for a period of one year from the date of issue without right of extension except by reapplication.
(3) If an individual who has a valid excess weight permit operates a vehicle weighing in excess of the amount authorized by the excess weight permit or operates a vehicle weighing in excess of the posted weight on non-designated county roads, in addition to any other remedy, he or she may have his or her excess weight permit revoked. If said permit is revoked, then any unused portion of the damage deposit shall be forfeited and become the property of the county. A conviction for an excess weight violation shall be prima facie evidence of violating this section.
(4) In the event more than one individual files an application to use the same portions of designated county roads, then the individuals shall share pro rata the funding of the damage deposit and surety bond for that portion of designated county roads.
(E) Damage deposit and surety bond; liability of individual for cost of road repair.
(1) The damage deposit shall be subject to assessment of costs for road repair. The County Treasurer, upon receipt of the statement of costs from the County Engineer, shall deduct the amount of costs from the damage deposit for that portion of the designated county road on which the road repair was done. In the event the costs exceed the damage deposit, the security bond shall be subject to any excess costs to the full amount of the bond.
(2) The damage deposit shall be forfeited on a pro rata basis with deposits by other parties, with the payments to the county to be charged equally to each party making a damage deposit covering the portion of road required to be repaired. If any party whose damage deposit is forfeited is of the opinion that damage to the road was caused by some other party, his or her sole remedy for recovery of his or her damage deposit shall be against the other party or parties, and he or she shall be deemed subrogated to the rights of the county for purposes of asserting said remedy. Any party who is of the opinion that the damage to the road was caused by acts of God, may recover his or her damage deposit from the county upon presenting proof sufficient to overcome the presumption of this section.
(F) Effective date. This section shall be effective on January 3, 2002.
(Ord. KOC 520.1 (2002), passed 1-3-2002)