Colorado § 43-2-111 - Road supervisors - districts - duties - powers.

§ 43-2-111. Road supervisors - districts - duties - powers.

(1) The county systems, both primary and secondary roads, shall be assigned to the county for construction and maintenance. The board of county commissioners of each county shall, except in counties where the boundaries thereof coincide with the boundaries of a city, prior to January 1, 1954, appoint road supervisors for all roads constituting the county system. Said supervisors shall be competent to handle the road and highway work of the county and shall be approved by the board of county commissioners. Nothing in this section shall preclude one such person from serving two or more counties. The county surveyor may be appointed, if found by the board of county commissioners to be properly qualified, or a county commissioner may act as such supervisor. The board of county commissioners shall determine the general policies of the county as to county highway matters, and the same shall be carried out and administered by the county road supervisors.

(2) Each county shall furnish evidence to the transportation commission that it has complied with the provisions of this section.

(3) The board of county commissioners of the respective counties of the state may divide their counties into such suitable road districts as, in their judgment, will best subserve the interest of the people of the whole county.

(4) The board of county commissioners of the respective counties, by mutual agreement, may form road districts consisting of more than one county. Nothing in this section shall be construed to deny any county the right to expend any funds for county road purposes outside the limits of said county if the interests of the people of the county will be subserved thereby. In all cases where road districts from more than one county are consolidated, the road supervisor shall be appointed by mutual agreement of the boards of county commissioners of the counties so forming a road district subject to the same provisions and limitations as provided for road supervisors of single counties. Road supervisors so appointed by a county or group of counties shall receive a salary to be determined by the board of county commissioners in the respective county or, in cases of two or more counties combining to appoint a single supervisor, by agreement between the boards of county commissioners of the counties so combining. He shall hold office during satisfactory service, but he may be removed by any board of county commissioners at any time at the discretion of said board, and a successor appointed.

(5) A road supervisor's duties shall be to take charge of and be responsible for all road personnel, road machinery, and tools owned by the county and to inspect all roads and bridges within the county and locate proper road material. He shall make such recommendations for road repair and for construction of roads as in his judgment may be required. He shall, on the first day of each month, make written recommendations for road and bridge work together with an estimate of the cost, which shall be subject to the approval of the board of county commissioners. He shall, on or before the first Monday of each month, render a full and complete account of all expenditures and contracts for the month preceding. The type of report shall be prepared in conformity with rules established by the board of county commissioners. At least once each year the department of transportation shall hold a meeting for the express purpose of exchanging information with representatives of the counties relating to highway construction and maintenance.

(6) He has the power now lodged with the board of county commissioners by general enactment for the prevention of damages to public highways from ditch overflows, insufficient or unsafe conduits, flumes, or ditches crossing the public highways, the removal or disposition of any material injurious to the public highway, unsafe railroad or tramway crossings, or any other cause which may arise and which comes under the jurisdiction of the board of county commissioners.

Source: L. 53: p. 515, § 11. CRS 53: § 120-13-11. C.R.S. 1963: § 120-13-11. L. 91: (2) and (5) amended, p. 1100, § 134, effective July 1.

ANNOTATION

Counties by law are charged with the responsibility of county highways. Bd. of County Comm'rs v. Cottingham, 134 Colo. 156, 301 P.2d 135 (1956).

The power of a county to impose conditions and fees will not be implied where by statute the identical duty is imposed upon another agency. Bd. of County Comm'rs v. Cottingham, 134 Colo. 156, 301 P.2d 135 (1956).

County may not impose unreasonable regulations on another agency. While counties are charged by law with the responsibility for county highways and the state highway department has authority to contract with the counties for maintenance or construction of state highways lying within a county, a county may not impose unreasonable regulations upon another agency in the performance of its statutory duty. Bd. of County Comm'rs v. Cottingham, 134 Colo. 156, 301 P.2d 135 (1956).

A county has no authority to require a sanitary district to obtain a permit and pay a fixed fee prior to excavation of a road or highway for a sanitary sewer pursuant to the statutory duty of such district. Bd. of County Comm'rs v. Cottingham, 134 Colo. 156, 301 P.2d 135 (1956).