Upon receiving an application for a truck hauling permit on specified county roads, the County Highway Superintendent shall follow these procedures:
(A) Make, with the applicant, a visual examination of said specified county road and complete a report on road condition and bond determination;
(B) On the report on road condition and bond determination, the Highway Superintendent shall specify the type of surface, the defects on said road, and, based on said defects, shall determine the condition of said road according to the following scale:
Poor | Fair | Good | Excellent |
(C) Based upon his or her determination of the road condition, the Highway Superintendent shall determine, in said report, the tentative bond to be posted by the applicant, in accordance with the following tables:
Road Condition | Percent of Maximum Bond Required |
Excellent | 100% |
Good | 85% |
Fair | 70% |
Poor | 55% |
Maximum Bond Required (per mile):
| |
Chip and seal | $75,000 |
Gravel | $50,000 |
Surface blacktop | $200,000 |
(D) After determining the total amount of bond to be posted by the applicant, the Highway Superintendent shall determine the amount of said bond which shall be posted as a cash bond and the amount which shall be posted as a surety bond;
(E) Twenty percent of the total bond to be posted shall be in the form of a cash bond. At the discretion of the applicant, the cash bond may be posted in the form of a cashier’s check or certified check, or invested in a local depository of public funds in a savings account or certificate of deposit. The cash bond is to be issued in the name of the County Board of Commissioners with any interest earned thereon to be credited to the applicant, or in the name of the applicant with a full assignment of the instrument or account to the County Board of Commissioners with any interest earned thereon to be credited to the applicant. If the cash bond is not claimed by the Board of Commissioners, as provided for in division (J) below and the agreement hereinafter set forth, the cash bond, and any interest earned thereon, will be returned to the applicant. No cash bond, however, shall be tentatively computed for businesses and individuals who have continuously, under a duly issued permit, used, operated over, and satisfactorily maintained, in the sole discretion of the Board of Commissioners, designated county highways and roads for five immediately preceding years, and who have not been in default on, sued upon, or forfeited bonds on said highways and roads. Instead, only an approved surety bond shall be tentatively required for said total bond;
(F) The Highway Superintendent’s determination of road condition and bond requirement are recommendations, and only the tentative and final decision lies with the Board of Commissioners in their sole discretion;
(G) Upon receiving an application for a truck hauling permit on specified county roads for which such a truck hauling permit already exists for all or some of the same specified county road, the Highway Superintendent shall immediately notify the County Auditor of said application. The County Auditor shall then immediately notify, by mail, the holder of such existing permit and his or her surety of said application. Such notification shall not reduce the amount of bond which the applicant will be required to post;
(H) The Highway Superintendent shall complete the attached agreement, and have the applicant read and execute it;
(I) Upon completion of the application for a truck hauling permit on specified county roads, the report of road condition and bond determination, and the agreement, the Highway Superintendent shall supply a copy of these forms to the applicant and present them at the next meeting of the Board of Commissioners for their review and action. Upon approval by the Board of Commissioners of the recommendations by the Highway Superintendent, the agreement, and the bond, the Highway Superintendent shall issue to the applicant a truck hauling permit on specified county roads. Said permit shall be effective during the term said bond is effective and in full force, or until revoked by the Board of Commissioners in their sole discretion, whichever shall first occur;
(J) The Highway Superintendent shall routinely inspect said specified county road for which a permit has been issued to assure that said road is being maintained by the permittee in at least as well a condition as approved by the Board of Commissioners. Should he or she find inadequate maintenance, he or she shall immediately report such finding to the Board of Commissioners. He or she shall also give three days’ notice by certified mail, return receipt requested, or personal delivery to the permittee to repair or maintain said road to his or her satisfaction. If the needed maintenance or repair is not done within three days of delivery of the notice, the Highway Superintendent shall immediately make the necessary repairs or provide the needed maintenance. After the maintenance or repair work is completed, the permittee and the County Auditor shall be notified by the Highway Superintendent by certified mail, return receipt requested, or by personal delivery of the amount of money and expense expended for such maintenance and repair. If the permitted does not pay said amount to the County Auditor within seven days of delivery of the notice to pay, the Board of Commissioners will withdraw said amount from the cash bond and notify the permittee of the withdrawal by certified mail, return receipt requested, or personal delivery. Within ten days of delivery of notice of withdrawal, the permittee shall deposit a cash payment equal to said amount with the County Auditor. If full payment is not made, the Board of Commissioners may order that said permit be revoked until full payment is made. The procedure set forth above shall in no way be construed to limit in time or in order any or all other remedies available to the Board of Commissioners, including, but not limited to, declaring cash and surety bonds breached, enforcing their rights under said surety bond, requiring the permittee to pay the expenses, costs, and attorney’s fees incurred by the Board in enforcing the section, and immediately terminating said permit; and
(K) Upon the request of a permittee who declares that he or she has terminated his or her operation and no longer will use said specified county road for a continuous or extended period of time, the Highway Superintendent shall, with the permittee, make a visual examination of said road, noting defects in said road and making a preliminary determination of the condition of said road at that time. He or she shall also notify the Board of Commissioners of the request, who will schedule a public hearing on the matter at their next meeting prior to which legal notice to the public of such hearing can be given for one week. The Highway Superintendent shall present his or her findings and determination to the Board of Commissioners at the public hearing, and the public and the permittee shall have the right to be heard. Upon review and approval by the Board of Commissioners of the Highway Superintendent’s report, or after amendment thereof and compliance by the permittee, said permit shall be terminated, and cash and surety bonds unclaimed during the term of the permit shall be returned to the permittee.
(Document passed 11-3-1980; Am. Ord. 2008-04, passed 2-4-2008; Am. Ord. 2018-10, passed 10-2-2018)