Right-of-Ways and Utilities Resolution

BOARD OF COMMISSIONERS

DELAWARE COUNTY

DAVID POINDEXTER, DISTRICT ONEDRAWER 550

JAKE CALLIHAN, DISTRICT TWO

DAVID BECK, DISTRICT THREEJAY, OK 74346

RESOLUTION

WHEREAS, various public utility or cable television systems (sometimes hereinafter called “Utilities” or “Utility”) operating in Delaware County, Oklahoma (sometimes hereinafter called “County”) are, at different times and for different reasons, using and sometimes disturbing County public roads, rights-of-way and easements, and

WHEREAS, the Board of County Commissioners of Delaware County (hereinafter called “Board”) is responsible for the maintenance and upkeep of said roads, rights-of-way and easements,

NOW THEREFORE, BE IT RESOLVED that the Board is, as of this date, requiring that all public utility or cable television systems shall abide by the following rules:

• The Utility must request authorization from the Board not less than ten (10) calendar days prior to beginning construction, reconstruction, improvement, or other modification of any utility system which, in any way, affects a County public road, right-of-way or easement, except in the case of emergency. In the event of an emergency, notification must to be made to the Commissioner of that District and the Board as soon as possible.
• All public utilities or cable television systems shall completely repair or replace any damage, injury or other change to County public roads or rights-of-way or easements which would inconvenience or endanger the public caused by the erection, placement, adjustment, construction or maintenance of any Utility system, poles, wires, posts, conduits, or other equipment. Nothing in this Resolution shall be interpreted to impair the right of the County to recovery against any third party for such damage or injury.
• All work performed by Utilities in/on/over/under the County public roads, rights-of-way or easements shall be subject to the approval of the Board, based on the guidelines used herein.
• When paralleling the roadway, utilities must be located within four feet (4’) of the outermost edge of the right-of-way line or the fence line, if a fence is in place.If no fence exists, the right-of-way line is to be located by an Oklahoma registered land surveyor, at the Utility’s expense. A copy of said survey must be provided to the Board before authorization to begin work will be granted. In no instance shall a paralleling utility be placed within the boundaries of the road bed.
• All underground parallel installations shall be a minimum of three feet (3’) deep.
• All overhead parallel installations shall not cross any point of access to a County Road at a height of less the eighteen feet (18’) above the highest surface grade of the road.
• All underground installations that cross a County Road with an asphalt, oil and chip, or concrete surface must be bored and cased. Cutting of such “hard surfaced” roads will not be permitted.
• All underground crossings (other than high-pressure gas lines) shall be a minimum of four feet (4’) below the elevation of the centerline. High-pressure gas line crossings shall be a minimum of four feet (4’) below the lowest elevation of the ditch.
• Crossings of unsurfaced County roads shall be compacted to a minimum of density of 95% of Standard Proctor maximum density. Results of the AASHTO-T-99 Test, as well as results of field density checks, must be submitted to the Board before final acceptance of the installation will be granted. In addition, all existing material is to be replaced with base limestone rock at time of installation.
• The Board reserves the right to inspect any and all work during erection, placement, adjustment, construction or maintenance of any Utility system, poles, wires, posts, conduits, or other equipment. Utilities must notify the Board upon completion of the utility work for a mandatory final inspection to be conducted. The Board must affirmatively approve the work or provide the Utility with a list of deficiencies which the Utility must correct within a reasonable time frame. Once the corrections are made, the Utility must re-notify the Board, for another mandatory final inspection to be conducted.
• Utilities agree to assume all responsibility and liability for the handling of traffic during the construction, reconstruction, improvement, or other modification of any utility system. The Utility must man all traffic control points and/or they must use such signage in accordance with the latest edition of the Manual on Uniform Traffic Control Devices. In the event it becomes necessary to close the County public road during the utility work, the Utility must submit an “alternate route plan” to the Board for approval. No such closure shall be allowed until at least forty-eight hours (48 hours) after such approval, to allow the Utility to notify all nearby residents and business owners/operators that may be reasonably expected to be affected by the closure.
• Should any lowering, modification, or relocation of said line(s) be required during any future reconstruction or maintenance of the road, said lowering, modification or relocation shall be made without claim against the County or Board. Should any damage to any Utility system, poles, wires, posts, conduits, or other equipment occur in the regular operation of road work where the Utility has failed to comply with the requirements of this Resolution, said damage shall be repaired by the Utility or its successor(s), without claim against the County or Board.
• If for any reason whatsoever, any requirement of this Resolution cannot be fully complied with, the Utility and the Commissioner in whose District the work is to be done may negotiate an alternative plan for the work to be done which shall approximate the requirements of this Resolution as closely as possible and yet allows for the work to be completed. Before any work on the alternate plan is commenced, the said plan shall be submitted to the Board for affirmative approval. Once approved, the work may commence but shall be, in all other respects, subject to all other provisions of this Resolution. Economic hardship alone is not a sufficient reason for a Utility to claim that it cannot fully comply with a requirement of this Resolution.
• All Utilities using County public roads or rights-of-way or easements agree to hold the County and Board harmless for any damage to persons or property caused by the construction, maintenance, operations or repair of its facilities in, on, over or under said County public road, right-of-way or easement and agrees to reimburse the County for any and allmonies expended by the County in repairing any damage to the road caused by the construction, reconstruction, improvement or other modification of any utility system and the operations of the Utility.
• In addition to all the foregoing, failure on the part of any Utility to comply fully with the guidelines herein stated, shall cause the Utility to forfeit is right to easement in, on, over or under said County public road, right-of-way or easement, as set out in 69 O. S. ss 1401, and the Utility system, poles, wires, posts, conduits or other equipment may be ousted therefrom.

Approved in regular session this __9th_____day of ­­­­­­­­­­­­­­­­______May_________, 2023.

County Road Standards Resolution

BOARD OF COMMISSIONERS

DELAWARE COUNTY

DAVID POINDEXTER, DISTRICT ONEDRAWER 550

JAKE CALLIHAN, DISTRICT TWO

DAVID BECK, DISTRICT THREEJAY, OK 74346

DELAWARE COUNTY ROAD STANDARDS

ROADS TO BE CONSIDERED FOR ACCEPTANCE INTO THE COUNTY ROAD SYSTEM SHALL MEET OR EXCEED THE FOLLOWING STANDARDS:

ROADS OR PUBLIC DESIGNATION AS SHOWN IN PLATS OR SUBDIVISION PLATS SHALL MEET THESE COUNTY ROAD STANDARDS LISTED BELOW:

Exception:Subdivision roads, adjacent to city limits, shall meet the adjacent city’s street standards for curb and gutter construction, if applicable.

Developer Requirements:An individual or developer, herein known as “developer,” requesting the Board of County Commissioners, herein known as “the Board,” to accept a road or roads into the county transportation system, shall be required, at their own expense, to dedicate right-of-way to the County, provide proper construction of the road bed, base and surface material and provide proper storm drainage facilities, as required within these standards.This shall include all access roads from the subdivision, to existing County, State or Federal Highways and for all roads within the subdivision or development.

Design:All projects shall be designed, signed, and sealed by an engineer licensed in the State of Oklahoma. A copy of the roadway design plans and estimated construction cost shall be filed and approved with the Board prior to the start of any work.

Subsurface Investigation Testing:The developer shall contract the services of a geotechnical engineer to provide soil core testing of the proposed roadway project. An adequate number of soil borings shall be completed to provide a complete representation of the carious existing conditions. The subsurface investigation testing company shall provide recommendations to the design engineer on final roadway design and construction based on projected traffic use. A copy of the final subsurface investigation report shall be included with the construction documents submitted for approval.

Warranty of Improvements:Applicant shall be required to maintain the newly constructed roadway project for a period of two (2) years. Warranty shall commence on the date of final acceptance by the Board. The developer shall submit to the Board, in writing, his request for final inspection and approval. Applicant will be required to obtain a maintenance bond from a surety bonding company authorized to do business in the State of Oklahoma. The bond shall be payable to the Board in an amount equal to fifteen percent (15%) of the cost of construction. The duration of the maintenance bond shall be two (2) years from the date of final acceptance. The bond shall cover the defects in design, workmanship and materials.

All work shown within the approved construction documents shall be completed before the county will accept the work.

Exception:A developer may furnish a performance bond, from a surety company authorized to do business in the State of Oklahoma, prior to the completion of a road or roads within a subdivision. This performance bond shall be for one- and one-half times the estimated total road construction cost. The Board shall accept the road and maintenance upon completion of construction or utilize the full amount of the performance bond to construct the road at the end of a two-year period.

Maintenance:Roadways surface materials shall be maintained, by the County, at the condition of the roadway when accepted.

Surety Bond Requirements:The developer shall obtain a surety bond, from a surety company authorized to do business in the State of Oklahoma, in the amount of one and one half (1 ½) times the cost of the complete road project, as estimated by the design engineer and approved by the Board. Bond shall be payable to the Board. The bond shall remain in effect until final acceptance of the project by the Board. A copy of the surety bond shall be provided prior to the start of the work.

Exception to Standards:Site conditions or use may require variation to these standards as determined by the Board. Exceptions from the developer to these standards may be requested, in writing, to the Board. Request must provide detailed reason for variance, along with detailed final solution.

Compliance Inspection:All construction will be inspected, at the expense of the developer, by an engineer licensed in the State of Oklahoma, for compliance with the approved construction documents and the county road standards. Prior to the final acceptance of the work, a certified engineer’s report shall be filed with the Board stating compliance to the documents.

Right-of-Way:The County shall be assigned an easement for roadway and utilities prior to final acceptance of the work. Roadway easements, which are not in a platted area, will require a sixty-six (66) foot width. Roads within a platted area shall require a sixty (60) food width.

ODOT Approval:Roads connecting to any State or Federal Highway shall require the approval of the State Highway Department. A copy of the ODOT approval letter shall be filed with the Board when the Roadway Design Plans are filed.

Subdivision Roads:Roads at boundaries of the subdivision shall have provisions for connecting with existing and future street extensions in adjacent areas.

Design Standards:

• Provide a minimum of six hundred (600) feet between intersections involving a major road.
• No street shall intersect any other road at an angle less than seventy-five (75) degrees.
• The curb line or road edge radius, at an intersection, shall have a minimum radius of twenty-five (25) feet.
• The approach grade to an intersection shall provide a leveling area having not greater than two (2) percent slope rate for a distance of no less than sixty (60) feet, measured from the nearest right-of-way line of the intersecting road.

Side Drain and/or Drainage Ditch Construction:

• All details of construction shall conform to the Typical Section drawing attached to these standards.
• All areas shall be graded to avoid ponding of storm water in road or right-of-way areas or to avoid the drainage of storm water across roadway.
• Minimum size of driveway culverts shall be eighteen (18) inches in a diameter.
• The minimum grade of ditch sections shall be 0.5% to insure proper drainage.
• The minimum lateral clearance from the edge of the roadway to a hazardous object shall be six (6) feet.
• All drainage calculations, including drainage areas and culvert sizing, shall be provided as part of the construction documents as described above.

Cross Drainage Structures:Cross drain structures will extend four (4) feet past the driving surface with a concrete head wall or tapered (3 to 1 maximum slope) to the bottom of the ditch to prevent erosion.

Drainage Structures:All ditches and culverts shall be designed to accommodate the 25-year, 24-hour storm as developed by the Soil Conservation Service. Culverts shall be sized using the latest version of the “Hydrologic Design of Highway Culverts” report on FHWA-IP-85-15.

Road Grade:Maximum grade for major collector road shall be six (6) percent and ten (10) percent for local roads and minor collectors.

Material & Procedures:All materials and construction procedures shall conform to the requirements (standards) of the Oklahoma Department of Transportation Standards (current edition).

Road Surface:The typical road surface shall be in conformity to the DELAWARE COUNTY ASPHALT/GRAVEL ROAD/CHIP SEAL STANDARD.

Exception:Roadway surface in an industrial use area or heavy commercial areas shall be designed to accommodate projected traffic counts and loads. Heavier asphalt and base sections may be required within these areas. The Board may require additional design requirements based on specific site conditions.

Overhead lines:Overhead lines shall have a minimum clearance of twenty (20) feet above the highest portion of the roadway.

Underground lines crossing the road:Shall be placed in a casing per ODOT standards and shall extend to a minimum of the (10) feet past the edge of pavement on each side.

Curb and Gutter Type Construction:If used, concrete curb and gutter shall be constructed to comply with the City of Grove street standards and subdivision regulations.

Resolution to set deadline for items to be placed on the weekly agenda

WHEREAS, the Delaware County Board of Commissioners request that all items needed to be placed on the agenda of the Delaware County Board of County Commissioners will be presented via e-mail or in person to the Office of the County Clerk for Delaware County at a date not later than Thursday at 12:00 PM immediately preceding the regularly scheduled Delaware County Board of Commissioners meetings for the following Tuesday.(If possible, please present items not later than 30 minutes prior to the deadline to facilitate processing).E-mail requests are to be sent to Kathy Parker, Commissioner’s Secretary at delcoclerk8@grand.net and copied to Barbara Barnes, County Clerk at delcoclerk@grand.net as well as the Chairman of the Board of Commissioners, David Poindexter at David_2588@yahoo.com.Deadlines for items to appear and be considered by the Delaware County Board of Commissioners Special Meetings and Holiday Weeks will be announced by the Office of the County Clerk of Delaware County at the time the meeting is scheduled.

WHEREAS, the Board of County Commissioners of Delaware County agrees that many requests to be placed on the agenda for consideration require additional documents and/or forms, the deadline will provide the Office of the County Clerk appropriate time to review each posting request and time to notify the person requesting the agenda item to present documents and/or forms prior to the time of the required agenda posting deadline 48 hours prior to the meeting.The Open Records Act requires any applicable items be presented for the Board of County Commissioners to consider action.

NOW, THEREFORE be it resolved that the Board of County Commissioners of Delaware County, Oklahoma approves the above referenced deadline schedule effective immediately.

This resolution is hereby adopted on the 15th day of November, 2022.

Resolution for distribution of excess funds

RESOLUTION

WHEREAS, Excess money was collected from a bond issue to pay a judgement against the Delaware County Sheriff's Office in the amount of $3,025,952.05; and

WHEREAS, SS 62.445 provides for the disbursement of the excess funds; under the direction of Ricky Branch of the State Auditor and Inspector's Office and District Attorney Doug Pewitt, the funds will be handled as follows:

• $1,254,459.45 will be divided evenly between the three commissioner districts and will be available in this fiscal year. This was the amount collected between June 2022 and November 2022.
• The remainder of excess collection in the amount of $1,771,492.60 will be put into a General Fund sweeping account to be budgeted next fiscal year, at which time it can be divided between the three commissioner districts.

ADOPTED THIS 25^TH DAY OF JULY, 2023.

ATTEST:

BOARD OF COMMISSIONERS

DELAWARE COUNTY

MOTION MADE B SECONDED BY

TO SIGN RESOLUTION FOR DISTRIBUTION OF EXCESS FUNDS FROM BOND ISSUE TO PAY JUDGE-MENT AGAINST SHERIFF'S

POINDEXTERCALLIHAN

MOTION CARRIED.

WITNESS OUR HANDS THIS 25TH DAY OF JULY, 2023.

DAVID BECK, MEMBER

E-911 Resolution for Board Members

E-911 signed resolution.pdf