Clayton County, Iowa

Area Service System B Road Classification Ordinance

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Parent Category: Information

Category: Clayton County Ordinances

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Title. An ordinance establishing the Area Service System B Road Classification in Clayton County, Iowa.

BE IT ENACTED by the Board of Supervisors of Clayton County, Iowa:

Section 1.  Purpose. The purpose of this ordinance is to classify certain roads on the Area Service System in Clayton County to provide for a reduced level of maintenance.

Section 2.  Definitions. For use in this ordinance, certain terms or words used herein shall be interpreted or defined as follows:

1. "Area Service System" includes those public roads outside of municipalities not otherwise classified.

   1. "Area Service System A" roads shall be maintained in conformance with applicable state statutes.

   2. "Area Service System B" roads shall not require standards of maintenance equal to Trunk, Trunk Collector, or Area Service System A roads.  Area Service System B roads shall not mean what is construed in a normal sense as a driveway or a private lane to a farm building or dwelling.

2. "Board" shall mean the Board of Supervisors of Clayton County.

3. "Engineer" shall mean the County Engineer of Clayton County.

Section 3.  Powers of the Board. All jurisdiction and control over Area Service System B roads as provided by this ordinance shall rest with the Board of Supervisors of Clayton County.

Section 4.  Authority to Establish. The Board of Supervisors of Clayton County is empowered under authority of Chapter 309 of the 1981 Code of Iowa as amended by Acts of the Sixty-ninth General Assembly, 1981 Regular Session, House File 786 to classify secondary roads on the Area Service System to provide for a reduced level of maintenance on roads so designated.

Section 5.  Area Service System B Designation. The Board, after consultation with the Engineer, shall be resolution, establish the termini of the roads classified as Area Service System B roads.

Section 6.  Maintenance Policy. Only the minimum effort, expense and attention will be provided to Area Service System B roads.  The Board shall establish by resolution the maintenance policies which describe the minimum maintenance activities for Area Service Level B System Roads.

Section 7.  Exemption of Liability. As provided in House File 786, Acts of the 69^th General Assembly, 1981 Session, the County and officers, agents and employees of the County are not liable for injury to any person or for damage to any vehicle or equipment, which occurs proximately as a result of maintenance of a road which is classified as Area Service System B, if the road has been maintained as provided by the policies established under Section 6 of the ordinance.

Section 8.  Administration. The Engineer shall maintain an accurate record of all segments or roads classified by the Board as Area Service System B and shall cause the necessary signs to be erected at every public road access on those roads so classified as Area Service System B.

Section 9.  Severability Clause. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.

Section 10.  Effective Date. This ordinance shall be in effect upon publication in the county newspaper following final approval.

READOPTED WITHOUT AMENDMENTS

Last Updated on Monday, 23 May 2011 16:21