(A) An individual, group of individuals, or developer (“petitioner”) may petition the County Board of County Commissioners (“Board”) for upgrade of any “primitive”, “unimproved”, or “seasonal and minimal upkeep” county roads, as defined above, and submit a plan for an upgrade of said county road.
(B) The plan must include design engineering which would bring the county road up to standards adopted by the state, such that the county road would be accepted by the state and be eligible for payment of gasoline tax revenues to the county.
(C) The Board would then make a factual finding that the subject county road, if accepted by the state, would generate sufficient additional state gasoline tax revenue to cover the maintenance and upkeep of said road; or that failing to do so, it would nevertheless contribute significantly to the upgrading of the county road infrastructure such that it would be advisable, in the sole discretion of the Board, to permit and authorize upgrading of said road.
(D) All costs for engineering, construction, and upgrading of the county road, to the standards set forth above, shall be paid by the petitioner. The funds necessary for such work, as estimated by a licensed engineer, together with an additional 20%, shall be deposited into a specially-designated county fund for purposes of said construction.
(E) All engineering, bidding, construction, and upgrading of said county road shall then be performed by the county, or a contractor employed by the county, and all expenses shall be paid from the funds deposited as specified in division (D) above. If the bid and other expenses exceed the amount deposited, an additional deposit shall be required. If the deposited amount exceeds the actual costs, the excess funds shall be returned to the petitioner.
(Ord. 1999-1, passed 5-24-1999)