HomeMy WebLinkAbout99-444When recorded, return to:
Clerk of the Board
MohaVeox 7000C°unty Board of Supervisom
Kingman, Arizona 86402-7000
(520)___ ____753-0729
RESOLUTION No. 99- 444
A RESOLUTION FOR THE ISSUANCE OF A SPECIAL PERMIT ALLOWING OVERSIZE
AND OVERWEIGHT VEHICLES TO USE MOHAVE COUNTY ROADWAYS AND ALLOWING
THE COUNTY ENGINEER TO IMPOSE LIMITATIONS AS TO THE GROSS WEIGHT OF
VEHICLES ON MOHAVI~ COUNTY ROADWAYS.
WHEREAS, the Board of Supervisors (hereinafter "BOS") of Mohave County, a body
politic and corporate of the State of Arizona (hereinafter "Mohave County" held a duly
agendized and noticed meeting on this 1s~ day of November 1999; and
WHEREAS, pursuant to Arizona Revised Statutes, Title II, Chapter 2, Article 4, Section
11-251 (4) the BOS may "Lay out, maintain, control and manage public roads, ferries and
bridges within the county and levy such tax therefor as may be authorized by law" and under
Section 11-251 (30) the BOS may "Do and perform ail other acts and things necessary to the
full discharge of its duties as the legislative authority of the county 9overnment"; and
WHEREAS, upon information and belief, persons and entities may desire to travel
and/or transport vehicles and loads over or upon public roads, County highways, and public
and/or county bridges (hereinafter "County Roadways" which vehicle(s) and/or Icad(s)
exceeds the requirements of Arizona Revised Statutes, Title 28, Chapter 3, Article 18, Section
28-1093 for width, Section 28-1094 for height, and Section 28-1095 for length, and Section
28-1100 for gross weight; and
WHEREAS, it generally is necessary and it is appropriate as a part of preserving the
public health, safety, welfare, and the structural integrity and surface of County Roadways, to
limit the maximum heights, weights, and/or gross weights to those allowed pursuant to Arizona
Revised Statutes, Title 28, Chapter 3, Article 18, Section 28-1093 (width), Section 28-1094
(height), and Section 28-1100 (gross weight), and Section 28-1095 (length); and
WHEREAS, it may be necessary to impose limitations upon or as to the maximum gross
weight of vehicles in amounts that are [ess than those allowed pursuant to Arizona Revised
Statutes, Title 28, Chapter 3, Article 18, Section 28-1100 in order to preserve the public health,
safety and welfare, and the structural integrity and/or surface of County Roadways; and
WHEREAS, it may be appropriate, in certain instances, where in the opinion of the
County Engineer the public health, safety and welfare can be preserved, and there are not
apparent conditions requiring the strict compliance with width and/or height restrictions and/or
length for vehicles traveling, transporting or otherwise using the County Roadways the County
RESOLUTION NO. 99- 444 .(Page 2 of 4 continued)
roadways and/or the structural subsurface(s) and surface(s) and/or other structural integrity of
the County Roadways appears to be able to sustain addition weight so that the County
Engineer may determine that it is appropriate to allow an over-width and/or over-height and/or
over-length and/or over-weight vehicle or vehicles on the County Roadways, so that:
BE IT RESOLVED, that the Mohave County Engineer may prohibit the operation of a
vehicle or vehicles on County Roadways or may impose restrictions as to the size (width,
height, and/or length) and/or weight of a vehicle to be operated on County Roadways pursuant
to Arizona Revised Statutes, Title 28, chapter 3, Article 18, Section 28-1106, and therewith the
Mohave County Engineer is authorized to post size and/or weight restrictions; and
BE IT FURTHER RESOLVED, that the Mohave County Engineer may issue a Special
Permit to allow an oversize (width, height and/or length) and/or overweight vehicle or load to
use County Roadways, pursuant to Arizona Revised Statutes, Title 18, Chapter 3, Article 18;
and
BE IT FURTHER RESOLVED, that for reason of administrative costs and wear and tear
on County Roadways, and within the guidelines of Arizona Revised Statutes, Title 28, chapter
3, Article 18, Sections 28-1103, 28-1104, and 28-1105, the County Engineer shall prescribe and
collect, with the issuance of any over size and/or over weight permits; and
BE IT FURTHER RESOLVED, that in all instances, whether or not issued a Special
Permit, it is the responsibility of person(s) and entity(les), traveling or transporting over or upon
or otherwise using County roadways, to comply with all applicable Federal, State, and local
laws, codes, rules and regulations, (collectively hereafter "Laws"); and
BE IT FURTHER RESOLVED, that the issuance of and Special Permit(s) is not a waiver
of the requirement(s) of the Permittee(s) to be and continue in full compliance with the
requirements of Arizona Revised Statutes, Title 28, Chapters 19 and 20 including without
limitation Section 28-7053; and
BE IT FURTHER RESOLVED, that insofar as the County becomes aware of violation(s)
of Arizona Revised Statues, and/or Title 28, Chapter 3, Article 18, sections 28-1091 et seq,
Chapter 20, Article 5, Section 28-7053, the Mohave County Public Works Department
(hereinafter the "Department"), through its Director and/or County Engineer is authorized to
request the County Sheriff and/or County Attorney to pursue relief and to otherwise act for
correction of such matters, including being authorized to contract with appropriate contractor(s)
and/or otherwise act to correct the violation(s); and
BE IT FURTHER RESOLVED, to the fullest extent permitted by law, any person or
entity issued a Special Permit under the provisions of this Resolution and/or Laws, by so using
the Special Permit, agrees to do so with extreme care and at hislheditsltheir own risk, and also
agrees to and shall indemnify, defend and hold harmless Mohave County, its board members,
officers, agents, employees, and officials ("lndemnitee") from all claims, suits, and appellate
proceedings,
RESOLUTION NO. 99- 444 (Page 3 of 4 continued)
including attorneys' fees, cost of litigation, arbitration, mediation, appellate proceeding, or
administrative proceeding, actions, loss, damage, expense, cost or claims of any character,
including, without limitation, tortious claims, contract claims, statutory claims, common law
claims, and fraUdulent ClaimS against the Indemnitee made or filed by any landowner, land
interest holder or other person or entity claiming or in conjunction with any claims that the
landowner(s) and/or resident(s) or their representatives, employees and/or agent acted
improperly, illegally or negligently in conjunction with or resultant of travel, transport over or
upon and/or other use of County Roadways; and
BE IT FURTHER RESOLVED, that insofar as the Department becomes aware of a
dangerous or hazardous condition created or allowed by weather, other factors and/or by acts
of omission of a Permittee, acting with or without Special Permit, the Department may through
its Director and/or County Engineer, stop such acts, omissions or use of the County Roadways
and act to cure any danger(s) from acts of omission, and the Director through the Department
and/or the Department through one or more appropriate contractor(s) may act to repair and/or
correct such non-natural, created condition(s) and charge and collect and bring action to collect
from such Permittee the cost of such correction(s) and/or repair(s) together with court or other
proceeding costs, including legal fees, plus legal interest thereupon until paid.
APPROVED, PASSED AND ADOPTED this 1st day of November 1999.
Buster D. Johnson, Chairman
RESOLUTION NO. 99-444(Page 4 of 4 continued)
STATE OF ARIZONA )
)SS.
County Of Mohave )
The foregoing instrument was acknowledged before me this 1st day of November, 1999, by Buster D.
Johnson, Chairman of the Board of Supervisors of Mohave County, a body politic and corporate of the
State of Arizona, on behalf of the said County.
Notary Public
My Commission Expires:
STATE OF ARIZONA )
)SS.
County Of Mohave )
The foregoing instrument was acknowledged before me this 1st day of November, 1999, by Pat Chastain,
Clerk of the of the Board of Supervisors of Mohave County, a body politic and corporate of the State of
Arizona, on behalf of the said County.
Notary Public /
My Commission Expires:
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~ ~ My Comm. Expires Aug. 3i, 2000 ~