County Commissioner Ordinance -October 1997-6'' j' � _ 1�3
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ORDINANCE N0. 1997 - �
AN ORDINANCE DESIGNATING PROCEDURES FOR USE OE GIBSON COONTY ROAD
EASEMENTS AND RIGHTS-OF-WAY IN GIBSON COUNTY, INDIANA
WHEREAS the Board of County Commissioners of Gibson County,
Indiana (hereinafter "Board") have among its duties the.
maintenance of county roads and rights-of-way in Gibson County,
Indiana; and
WHEREAS the Board has determined that written procedures
regarding the use of said roads and their rights-of-way should be
established in writing;
NOW THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Gibson County, Indiana as follows:
1. The State of Indiana motor vehicle laws regulating the
speed of motor vehicles upon county roads shall be applicable
upon all roads in Gibson County, Indiana, except those posted and
marked after Resolution adopted by the Board.
2. The Board reserves the right.to post weight limits
use of all county roads, and no persons shall travel upon any
county road with a motor vehicle carrying weight in excess of
posted weight limit.
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3. No person, company or utility shall use or occupy any
right-of-way of any public road in Gibson County, Indiana without
advance written notice of the Board or its designee. Any person,
company or utility desiring to use any public road right-of-way
for placement of utilities or other use shall provide written
notice to the Board. Said notice shall be provided in advance of
any use of the right-of-way except in emergencies.
9. Any person, company or utility using or occupying any
right-of-way sha11 cause said County road and/or right-of-way to
be restored to its original condition after placement of any said
utility, including but not limited to any oil, gas, telephone,
water and sewer lines.
5. Any damage caused by any person, company or utility in
the use of any county road or right-of-way shall be the
responsibility of the person, company or utility performing said
work. The Board shall have the right to pursue legal proceedings
against any person, company or utility performing any work
without written permission except for routine maintenance of a11
utilities now in place as of date of this Ordinance. The person,
company or utility performing said work shall be liable to Gibson
County, Indiana, for any damages done to the said road or road
right-of-way, and the Board shall have the.right to file legal
proceedings against said person, company or utility to seek _
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injunctive relief to prevent any work being performed without
written notice absent an emergency and also shall have the right
to take legal proceedings to collect any amounts required to
correct said damages, including attorney fees.
6. No person, landowner or company shall place crude oil
or any other substance upon any county road or right-of-way
without written permission of the Board or its designee. Any
person desiring to place crude oil or any other such substance on
any public road in Gibson County, Indiana, shall, prior to
placement of said substance, make written application therefor
with the Gibson County Highway Superintendent.
7. The Board grants unto the Gibson County Highway
Superintendent the authority to grant or deny any written
application made for placement of crude oil or other such
substances on any public road. In the event the application is
denied, the person making said application shall have the right
to appeal said determination to the Board.
8. Any product placed on any public road must meet
applicable State and Federal standards. The person making
written application shall be granted permission to place said
substance only upon that portion of the road right-of-way to the
center line of abutting real estate owned by the applicant, and
no substance shall be placed abutting any real estate owned by
any landowner in Gibson County, Indiana without written consent
of said landowner.
9. The person applying said substance must place
appropriate warning sign for the public at lease five hundred
(500) feet in all directions from the area where the substance is
applied, giving warning to the public of the placement of said
substance. The person applying said substance must notify the
Gibson County Highway Superintendent of the exact date on which
the substance is to be applied with notice to be given at least
forty-eight (48) hours prior to the application thereof. No
application of crude oil or other substance on any county road
shall be made except after written approval by the Board or its
designee, and no application shall be made on any holiday and
shall be made only between the hours of Monday at 8:00 a.m.
through Thursday at Noon.
10. Any person, landowner or other entity placing crude oil
or other such substance upon any public road shall be liable for
any damage caused to any public road, vehicle traveling said
road, or stream or waterway and by placement of said substance
does assume and agree to hold harmless Gibson County, Indiana,
from any and all liability, claims, damages, or causes of action
which may result from the placement of said substance.
11. Any person, landowner, company or entity violating any
of the provisions of this Ordinance shall on conviction thereof
be punished by a fine of not less than Twenty Five Dollars
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($25.00) or more than Five Hundred
offense or violation. Each,day in
continue shall be deemed a separate
violation of this Ordinance.
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Dollars ($500.00) for each
which any such violation sha11
and distinct offense in
12. This Ordinance shall be in full force and effect on
November 1, 1997.
IN WITNESS WHEREOF the Board of County Commissioners of
Gibson Count, Indiana has enacted this Ordinance this �O"'� day
of October, 1997.
GI
Y COMMISSIONERS
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ROGER T. MYERS
ATTEST: '
KEN W. REUBEL, Gi son County Au itor
, eres