County Commissioner Orientation County Roads and Bridges

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1 County Commissioner Orientation County Roads and Bridges Gary Walter, CFM Sr. Engineer/Project Manager Douglas County

2 2016 Commissioner Handbook Chapter 8 County Roads and Bridges The information provided in this presentation is arranged to correspond with the sequential content of County Roads and Bridges in chapter 8. Please note that each of the various topics are supported or required by the Colorado Revised Statutes (C.R.S.). The locations of each statute are shown within the text of Chapter 8.

3 Powers & Duties of County Commissioners General The board of county commissioners has the power to lay out, alter or discontinue any road running into or through the county, and to perform other duties respecting roads as required by law. The board may also levy taxes and contract loans for the purpose of making or repairing county roads or bridges, except that a loan for this purpose must be authorized by a vote of the legal voters in the county.

4 General (continued) Under the BOCC s general power to make orders concerning county property, the BOCC may purchase and maintain county road equipment. The commissioners may divide their counties into road districts or may combine their counties with other counties to create a larger road district.

5 General (continued) The commissioners may appoint a county road supervisor or they may appoint a district supervisor in conjunction with the board of commissioners of another county with which they have joined to create an inter-county district. A county commissioner may serve as the road supervisor.

6 Public Highways Public Highway Defined Public Highways are roads over private lands that have been dedicated to the public by deed, after approval of the BOCC. Deeds must be filed with county clerk & recorder, and a certificate showing date, dedication, & the lands dedicated, shall be filed with the county assessor. Roads used for 20 years or more are public highways.

7 Acquire Rights-of-Way and Roads Condemnation A BOCC may condemn land required for the construction, widening, reconstruction or alteration of any county road or right-of-way when necessary, for public interest or convenience. Lease A BOCC may lease rights-of-way as it may think appropriate.

8 Acquire Rights-of-Way and Roads (continued) Abandonment If a portion of a county road is relocated, and the BOCC deems it no longer necessary, such portion of right-of-way shall be considered abandoned. Purchase or Donation The BOCC may acquire right-of-way by purchase donation or eminent domain. Tax Lien Sale If a BOCC sells land by tax deed, it may reserve prior to the sale such rights as may be required for streets, roads, utilities, or other easements.

9 Acquire Rights-of-Way and Roads (continued) Electric Railways A BOCC with approval of a majority of property owners abutting a proposed electric railway along side of or upon a county road, may condemn lands necessary for such right-of-way.

10 Vacate Roads/Rights of Way A BOCC may vacate any roadway or part of a roadway which is located entirely within the county, and not within the limits of any city or town. Any roadway that has been established as a county road at any time can only be vacated through resolution by the board. No platted or deeded roadway which exists by right of usage shall be vacated so as to leave any land adjoining it without established access.

11 Classification of Roads The BOCC designates primary system roads on the basis of greatest general importance. Primary system roads must be constructed where practicable, to generally-accepted standards. Roads not designated as primary system roads, for which the county assumes responsibility, are designated as secondary system roads. The BOCC must maintain a map showing it s primary and secondary road system on which primary system roads are designated by an appropriate number.

12 Maintenance & Construction Bridges over any ditch, drain or flume crossing any public roads or highways must be maintained by and at the expense of the county. When a county plans to clean ditches, it must first call the Utility Notification Center of Colorado (UNCC) and identify which roads will be worked on. If a county fails to place this call and subsequently damages underground utilities, the county can be fined $5,000 for initial damages and up to$70,000 for additional damages. The BOCC may construct highways using county personnel or it can put the project up for bid by private contractors.

13 Maintenance & Construction (continued) The BOCC may advertise projects in a local newspaper, or by posting a notice in the courthouse for at least 10 days before letting. Contracts for $5000 or more must be advertised and must be awarded to the lowest responsible bidder, with the BOCC reserving the right to reject any bids proffered. In so far as possible, county residents only, are to be employed on county road & bridge projects.

14 Maintenance & Construction (continued) Counties and cities may combine to create Regional Transportation Authorities to finance, construct, or maintain reginal transportation systems. The BOCC may employ convicted inmates lodged in the county jail for construction and maintenance of any road within the county. County roads located within cities and towns shall be maintained by such cities and towns.

15 Maintenance & Construction (continued) The BOCC may also; Make agreements on boundary roads; Authorize toll roads; Contract with other governments; Collect for damages from anyone causing damage to a public roadway. Regulate overweight vehicle access;

16 Maintenance & Construction (continued) Alter speed limits and stop signs, with approval of CDOT; Enforce traffic regulations, using equal authority from the Colorado State Patrol & the county sheriff; Establish a permitting process for roadside memorials; Remove, store, & dispose of abandoned and illegally parked vehicles;

17 Maintenance & Construction (continued) Restrict Highway use for up to 90 days due to weather; Cooperate with CDOT on intersections and graffiti; Spray roadsides to control weeds and pests; Please refer to the 2016 commissioners handbook for additional authorities given to county commissioners.

18 Highway Users Tax Fund (HUTF) Revenue streams HUTF has 2 revenue streams 1. The first Revenue Stream comes from the first 7 cents of the excise tax on all motor fuel, in addition to miscellaneous collections of fees and fines. Counties receive 26% of this revenue stream.

19 Highway Users Tax Fund (HUTF) Revenue Streams continued 2. The second Revenue Stream comes from the remaining 15 cents of the gasoline tax, the next 13.5 cents of the special fuels tax, and the road safety surcharge. Of the second stream, Colorado counties receive 22% of the total.

20 Highway Users Tax Fund (HUTF) Revenue distributions The 2 HUTF Revenue Streams are distributed to the counties in 3 tiers. 1. Colorado distributes the first $69.7 million to all counties in amounts fixed by state statute. 2. Colorado allocates the next $17 million to 17 counties according to specifications in the HUTF statutes.

21 Highway Users Tax Fund (HUTF) Revenue distributions continued ( Those 17 Second Tier counties are: Adams, Alamosa, Arapahoe, Boulder, Douglas, El Paso, Jefferson, La Plata, Larimer, Lincoln, Logan, Mesa, Morgan, Otero, Pueblo, Rio Grande, Weld) 3. All revenues in excess of the first 2 tiers, are allocated on the basis of a formula using vehicle registrations, square footage of bridge decking, and the number of lane miles.

22 Funding Advancements for Surface Transportation and Economic Recovery (FASTER) Act FASTER revenues were established in 2009 as a way of enhancing transportation revenue and beginning to address deteriorating highways, roads, and bridges. Distributions are done in the same way as the HUTF distributions. FASTER revenues are to be used only for county road safety projects.

23 Funding Advancements for Surface Transportation and Economic Recovery (FASTER) Act HUTF and FASTER Projections: Colorado Counties Inc. publishes an HUTF/FASTER projection schedule and distributes it to all counties within the first fiscal quarter of each new fiscal year.

24 Beyond Chapter 8 Roads and Bridges Get to know the folks in your Road and Bridge / Public Works Operations / Transportation Department Learn the operations of the department; Visit the facility and meet the people behind the scenes, and ride along in a snow plow or other county maintenance vehicle; Understand their talents, resources, and abilities. Know who can find answers to your questions and your constituent s questions.