Chapter 12.08
COUNTY ROAD MAINTENANCE SYSTEM
Sections:
12.08.020 Acceptance of county roads.
12.08.030 County surveyor to keep master list.
12.08.040 Procedure for adoption of public road or street.
12.08.050 Master list of county road system.
Appendix A Form of Resolution for Acceptance of County Road.
12.08.010 Definitions.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“County roads” means any thoroughfare within the right-of-way which affords the principal means of access to abutting property.
“County road system” means all of the streets and roads in the master list adopted by reference in Section 12.08.050 of this chapter.
“Maintenance” or “public maintenance” means the making of needed repairs to established county roads, adequately drained and marked, so as to provide a reasonably safe surface for the movement thereupon of motor vehicle traffic. Nothing herein shall require the board of commissioners to construct or maintain any county road in any different manner or composition than as the same presently exists.
(Prior code § 93.01)
12.08.020 Acceptance of county roads.
Those county roads adopted by reference in Section 12.08.050 of this chapter, insofar as they are not now legally vacated as by law provided, and insofar and to the extent as they are not now located, in all or in part, within the corporate limits of the city of Evansville, are accepted by the county for maintenance, as defined in Section 12.08.010, and shall hereafter be known and be further identified as the master list of county roads accepted for maintenance.
(Prior code § 93.02)
12.08.030 County surveyor to keep master list.
From and after December 18, 1972, the master list of county roads adopted by reference in Section 12.08.050 of this chapter, shall be kept and maintained within the office of the surveyor of the county, who shall be charged with the duty of deleting, adding, or modifying the master list whenever required and directed to by appropriate action of the board of commissioners or any other legally-authorized public body. The master list shall, at all times during office hours, be open to public inspection.
(Prior code § 93.03)
12.08.040 Procedure for adoption of public road or street.
From and after December 18, 1972, the manner and procedure of adoption of all or any part of a public road or street within the county road system for maintenance purposes shall be as follows:
A. The person or persons who own all or any part of the real estate abutting any public road or street within the county, shall file in the office of the surveyor of the county, in writing, a petition, accurately and completely describing the road or street insofar as it pertains to that part or parts thereof which is desired by the person or persons to be accepted for maintenance by the county. Upon receipt of any such petition the surveyor shall cause an inspection to be made of the road or street and shall thereafter present to the board of commissioners his recommendation as to whether or not the road or street shall be incorporated into the county road system and accepted for maintenance. Thereafter, the board of commissioners shall, by appropriate action, either accept or reject the petition. If the board of commissioners shall elect to accept the proposed street or highway for maintenance, then it shall forthwith be added to and made a part of the master list of county roads, as adopted by reference in Section 12.08.050, and thereafter be maintained as a part of the county road system until such a time as the road or street shall no longer be a part of the county road system.
B. No street or road in the county shall hereafter be incorporated within the county road system and accepted for maintenance by the board of commissioners unless the following conditions exist.
1. In the case of any road or street constructed prior to 1954, the person or persons owning the real estate abutting the road or street to be accepted for maintenance shall first, upon being requested to do so by the board of commissioners, grant and dedicate to the county, a right-of-way for the road or street of not less than forty (40) feet in width, the centerline of which shall be the present centerline of the road or street sought to be accepted for public maintenance and the length of which shall extend concurrently with the length of the road or street so proposed to be accepted for public maintenance.
2. In the case of any street or road constructed between 1954 and December 18, 1972, the road or street proposed to be accepted for maintenance shall first have an existing paved surface of a width of not less than twenty-two (22) feet extending the entire length of the road or street proposed to be so accepted for maintenance. In the event the paved surface is constructed of concrete, then the concrete shall be consistent to a depth of not less than six inches. In the event the paved surface is constructed of stone or gravel, then the stone or gravel shall be consistent to a depth of not less than six inches, and shall further have a bituminous surface over the entire length thereof consistent to a depth of not less than one and one-half inches.
(Prior code § 93.04)
12.08.050 Master list of county road system.
The master list of the roads and streets accepted for maintenance by the county is adopted and incorporated by reference in this chapter as if fully set forth.
(Prior code Ch. 93, Appendix A)
APPENDIX A: FORM OF RESOLUTION FOR ACCEPTANCE OF COUNTY ROAD
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF VANDERBURGH INCORPORATING A CERTAIN PUBLIC ROADWAY WITHIN THE COUNTY ROAD SYSTEM
WHEREAS, heretofore on the 18th day of December, 1972, The Board of Commissioners of The County of Vanderburgh did adopt a certain Resolution adopting a Master List and accepting certain county roads for maintenance and prescribed a uniform procedure for the future acceptance of public roads for maintenance; and
WHEREAS, the Surveyor of Vanderburgh County, Indiana, pursuant to the provisions of said Resolution, recommended to said Board that a certain public roadway situated in Vanderburgh County, Indiana, being more fully described upon “Exhibit A” attached hereto and made a part hereof as though fully set out herein be incorporated into the county road system and be accepted for public maintenance; and
WHEREAS, upon due consideration by said Board said recommendation by said Surveyor is approved and accepted;
NOW, THEREFORE, BE IT RESOLVED, by The Board of Commissioners of The County of Vanderburgh, Indiana, as follows:
Section 1. That certain public roadway situated in Vanderburgh County, Indiana, and being more particularly described upon “Exhibit A” attached hereto and made a part hereof as though fully set out herein, be and the same is hereby incorporated into and made a part of the county road system and is accepted by said Vanderburgh County for public maintenance in accordance with that certain Resolution heretofore adopted by said Board on the 18th day of December, 1972.
Section 2. Said county road described upon said “Exhibit A” is hereby made an addition to the “Master List of County Roads Accepted for Maintenance” in the office of the Surveyor of Vanderburgh County, Indiana, and said Surveyor is hereby directed to amend said Master List in accordance with this Resolution of acceptance and addition.
PASSED by The Board of Commissioners of The County of Vanderburgh, Indiana, on the day of , 19 , and upon said date signed and executed by the members of said Board and attested to by the Vanderburgh County Auditor.
THE BOARD OF COMMISSIONERS OF THE COUNTY OF VANDERBURGH
President
Vice President
Member
ATTEST:
County Auditor
APPROVED:
Vanderburgh County Surveyor
Dated:
(Prior code Ch. 93, Appendix B)