A.R.S. tit. 28 ch. 19 — Arizona Revised Statutes Title 28 Chapter 19 — County Highways

28-6701. Establishing, altering or abandoning local highway A. The board of supervisors may establish, alter or abandon a highway in the county and other legal subdivisions and acquire real property for these purposes by purchase, donation, dedication, condemnation or other lawful means. B. A highway in the county or any other legal subdivision may be established or altered by the county engineer's recommendation or by presentation of a petition that is signed by ten or more resident taxpayers of the county to the board of supervisors or to the board of supervisors by the governing body of a legal subdivision, that requests that a highway be established or altered and that gives the highway's beginning, end, general course and direction. The board of supervisors may either reject the recommendation or petition or act on the recommendation or petition as prescribed by this article. C. The board of supervisors may abandon or vacate these highways by resolution as provided in chapter 20, article 8 of this title, except that, notwithstanding section 28-7211, at least sixty days before the resolution is effective pursuant to section 28-7213, the board of supervisors shall give written notice by certified mail to the owners of the land abutting the highway or portion of the highway to be abandoned or vacated. The board of supervisors shall not resolve to abandon or vacate a highway unless a majority of the owners of the land abutting the highway or portion of the highway approve of the action to abandon or vacate the highway. D. The county engineer's recommendation process to establish or alter a highway as described in subsection B of this section does not apply to the abandonment of a road that was granted under Revised Statute 2477 (43 United States Code section 932) that was enacted by the United States Congress in 1866. 28-6702. Proposed highway survey; notice of hearing A. On filing the petition prescribed in section 28-6701, the board of supervisors shall: 1. Direct the county engineer to make a survey of the proposed highway and to file with the board a report of the proposed highway and a map as surveyed that shows the legal subdivision of the lands traversed by the survey. If a survey and maps have already been made for any purpose, these data and maps may be used instead of conducting a survey pursuant to this section. 2. Set a date for a public hearing. 3. Give notice to the public of the hearing by advertising once a week for two consecutive weeks in a newspaper of general circulation in the county. The notice shall state the purpose and the date of the hearing and shall direct all persons desiring to object to the action requested in the recommendation or petition to file with the board of supervisors a statement in writing setting forth their objection or opposition, and to show cause why the recommendation or petition should not be granted. B. On receipt of a recommendation by the county engineer pursuant to section 28-6701, the board of supervisors shall comply with subsection A, paragraphs 2 and 3 of this section. 28-6703. Hearing A. At the hearing provided for in section 28-6702, the board of supervisors: 1. Shall consider the feasibility, advantages and necessity of the highway sought to be established. 2. If the board determines the proposed highway is a public necessity, may approve the establishment of the highway by resolution and may accept any right-of-way or property donated to this state or the county. B. An affected landowner or party may execute a written waiver or release of all compensation or any part of the compensation or may grant any easement or other conveyance of property for the purpose of establishing a highway. 28-6704. Condemnation; federal-county highway; exception A. The county attorney of the county in which a highway is to be established shall file in superior court in the county in which the land is located a condemnation action pursuant to section 12-1116 in the name of the county if all of the following conditions exist: 1. The board of supervisors enters into an agreement with the United States acting through its duly authorized officers or agents and pursuant to an act of Congress for acquiring a right-of-way for a highway in the county. 2. The United States has constructed part of the highway described in the agreement. 3. The board of supervisors has been unable to acquire a right-of-way pursuant to sections 28-6701 and 28-6702 that is necessary for completion of the highway. 4. An agent of the United States that is in charge of the work to be done by the United States under the agreement makes a demand to the county attorney. 5. The board of supervisors by resolution directs the county attorney to file the action. B. The county treasurer shall make the deposit required by the court as provided by section 12-1116 and on final judgment by the court assessing the value of the lands sought to be condemned and the damages, if any, to pay the amount due. If the monies deposited or paid by the treasurer have not been appropriated or set aside for that purpose by the board of supervisors, the board of supervisors shall provide for the amount in its next budget and shall levy a tax for that purpose. C. This section does not apply to a highway designated as a national highway, state highway or state route. 28-6705. Public road and street maintenance A. The board of supervisors may spend public monies for maintenance of public roads and streets other than legally designated state and county highways located without the limits of an incorporated city or town. Before spending public monies under this section, the roads or streets shall be either: 1. Laid out, opened and constructed in accordance with standard engineering road specifications adopted by the board of supervisors without cost to the county. 2. Completed pursuant to a plat that is approved pursuant to sections 11-802 and 11-822. B. The board of supervisors may spend public monies for maintenance of public roads and streets that were laid out, constructed and opened before June 13, 1990 even if the roads and streets were not constructed in accordance with subsection A of this section. C. Maintenance of a public road or street does not include purchasing or laying cement. To reduce long-term maintenance costs for maintenance authorized by this section, the board of supervisors may spend monies to add rock products, gravel and processed materials to the base of the roads and streets. Petroleum based or nonpetroleum based products may be used in the maintenance and repair of unpaved roads, alleys and shoulders identified pursuant to section 9-500.04 or 49-474.01 or unpaved roads, alleys and shoulders in any county where the control officer as defined in section 49-471 certifies to the board of supervisors that emissions from such roads, alleys or shoulders may endanger compliance with the national ambient air quality standard as defined in section 49-401.01. 28-6706. Primitive roads A. The board of supervisors or the governing body of a city or town may designate a public road within its jurisdiction as a primitive road as prescribed in this section. B. Neither a county, city or town nor its employees are liable for damages or injuries resulting from the use of a primitive road designated under this section except for intentional injuries or gross negligence caused by an employee acting within the scope of the employee's employment. C. The board of supervisors or the governing body of a city or town shall not designate a road as a primitive road unless it was opened before June 13, 1990 and was not constructed in accordance with county standards. D. The county, city or town shall place signs on every road designated as a primitive road in locations adequate to warn the public. These signs shall state "Primitive road, caution, use at your own risk. This surface is not regularly maintained." E. A board of supervisors or the governing body of a city or town shall not designate a state or county highway as a primitive road. 28-6707. Highway improvement within city or town limit A. The part of a highway located in an incorporated city or town may be constructed, improved or maintained through cooperation under this article in the same manner as if it were located outside an incorporated city or town. B. As part of the cooperation, the board of supervisors may enter into an agreement with the governing body of a city or town for the lease of: 1. County equipment used to construct, improve or maintain highways located in the boundaries of the city or town. 2. City or town equipment used to construct, improve or maintain highways located in the boundaries of the county. 28-6708. Jurisdiction of streets; unincorporated town The streets of an unincorporated town are considered public highways and are under the control of the board of supervisors of the county in which the town is located. The board may designate which streets in the unincorporated towns are considered public highways and may give appropriate names to them. 28-6709. Street and alley abandonment The board of supervisors may vacate and abandon streets, alleys and avenues located outside the boundaries of incorporated cities and towns shown on recorded plats as dedicated to the public or to which the public or county may have received title by deed, in the same manner and under the same procedure for abandoning county highways. 28-6710. Cattle guard construction A. If deemed necessary, the board of supervisors may install and construct cattle guards on county roads or may authorize private persons who own or who are in possession of real estate located adjacent to county roads to install and construct cattle guards on county roads. B. The board of supervisors shall prescribe the specifications and type of material for use in the installation and construction of cattle guards. The specifications and type of material shall be reasonably uniform throughout the county. On the installation and construction of a cattle guard on a county road, the county shall maintain and repair the cattle guard. C. The county is not required to maintain a cattle guard that was installed before June 12, 1937 on a county road and that does not substantially comply with the type of material and specifications prescribed by the board of supervisors unless the board of supervisors otherwise orders and a copy of the order is entered in the minutes of the board of supervisors. 28-6711. Railroad construction along improved highway prohibited; exception A. A railroad or street railway shall not be constructed along or on any portion of a highway improved under this article, except a crossing authorized by the board of supervisors. The board of supervisors shall not grant a franchise for the construction of a railroad or street railway along or on an improved portion of the highway, except for a crossing. B. If such a highway or portion of a highway, after having been improved, is included in the boundaries of an incorporated city or town, the municipal authorities may grant the franchise within the boundaries of the city or town on the express condition that the grantee shall pay to the county for the benefit of the county general fund an amount equal to the cost of the improvement of that portion of the improved highway that will be occupied by the track of the railroad or street railway. 28-6712. Tax levies for county roads A. For road purposes the board of supervisors may levy a real and personal property tax of not more than twenty-five cents per one hundred dollars of property in the county as valued for tax purposes. The board of supervisors shall levy and collect the tax at the same time and in the same manner as other primary property taxes are levied and collected. B. The monies shall be paid into the county treasury for the benefit of the highways in the county and shall be spent by the board with other monies received for purposes of improvement of county roads. C. Notwithstanding any other law, in counties with an assessed valuation of two hundred million dollars or more, an amount of not more than twenty-five cents per one hundred dollars assessed valuation may be budgeted, levied, collected and spent for road purposes independently of and in addition to any other amounts lawfully available for road purposes. This levy is in lieu of the levy permitted under subsection A. 28-6713. Bids for construction, reconstruction, equipment or supplies; procedure; bond; exceptions A. Except as provided in subsection G of this section, in a county with a population of two hundred fifty thousand persons or more as determined by the most recent United States decennial census or the most recent special census as provided in section 28-6532, bids for all items of construction or reconstruction involving an expenditure equal to or greater than the amount determined pursuant to subsection B of this section, all purchases or other acquisition of equipment involving an expenditure of more than five thousand dollars and all purchases of supplies and materials involving an expenditure of two thousand five hundred dollars or more shall be called for by advertising in a newspaper of general circulation in the county for two consecutive publications if it is a weekly newspaper, or for two publications of at least six but not more than ten days apart if it is a daily newspaper. The advertisement shall state specifically the character of the work to be done and the kind and quality of materials or supplies to be furnished. B. Bids shall be called pursuant to subsection A of this section for all items of construction or reconstruction involving an expenditure of: 1. In fiscal year 1985-1986, thirty-five thousand dollars. 2. In fiscal year 1986-1987 and each fiscal year thereafter, the amount provided in paragraph 1 of this subsection adjusted by the annual percentage change in the GDP price deflator as defined in section 41-563. C. If the board of supervisors receives a satisfactory bid, it shall contract with the lowest responsible bidder after the contractor or supplier gives any bond required by title 34, chapter 2, article 2, except that in counties with a population of more than one million persons according to the most recent United States decennial census, in determining the lowest responsible bidder under this section, the board may consider, for no more than five projects, the time of completion proposed by the bidder, the value over time of completed services and facilities and the value over time of interrupted services, if the board determines that this procedure will serve the public interest by providing a substantial fiscal benefit or that the use of the traditional awarding of contracts is not practicable for meeting desired construction standards or delivery schedules and if the formula for considering the time of completion is specifically stated in the bidding information. The board may reject any or all bids and readvertise. D. The board of supervisors, a member of the board of supervisors or any other official or agent of a county affected by this section shall not segregate or divide into separate units a contiguous or continuous portion of highway construction or reconstruction or divide into separate portions an item of equipment or generally recognized unit of supplies or material to avoid the restrictions imposed by subsection A of this section. E. The board of supervisors, a member of the board of supervisors or any other official or agent of a county affected by this section shall make every effort to combine the following: 1. Separate portions of highway construction or reconstruction projects. 2. Items of equipment, supplies and materials. F. After a contract has been awarded, the board of supervisors' authorized representative may authorize change orders to the contract if necessary pursuant to guidelines set by the board of supervisors. This authority does not permit the board of supervisors' authorized representative to act independently to award new contracts. G. A building, structure, addition or alteration may be constructed without complying with the bidding requirements of this section if the construction, including construction of buildings or structures on public or private property, is required as a condition of development of private property and is authorized by section 9-463.01 or 11-822. For the purposes of this subsection, building does not include any police, fire, school, library or other public building. H. Subsections A, B and C of this section do not apply to procurement of construction-manager-at-risk, design-build and job-order-contracting construction services pursuant to title 34, chapter 6. 28-6741. Bonds; authorization The bonds of a county that are authorized and issued for construction or improvement of public highways may be issued by complying with this article. The board of supervisors may, and on the petition of fifteen per cent of the qualified electors of the county, the board of supervisors shall, order an election by the real property taxpayers who are qualified electors of the county to determine whether the indebtedness shall be authorized. 28-6742. County highway commission A. If the contemplated bond issue is two million dollars or more, the board of supervisors shall appoint a county highway commission consisting of three members. If the contemplated bond issue is less than two million dollars, the board of supervisors shall be ex officio county highway commissioners and shall have all of the powers and duties of the county highway commission. B. The commissioners: 1. Shall be residents and freeholders in the county of their appointment for the previous three years. 2. Shall be appointed for a term of two years. 3. Are subject to removal by the board for cause. C. If the proposition to issue the bonds fails, when the improvements are completed or when the monies arising from the sale of the bonds voted at the election have been spent, the term of office of the commissioners ends. D. The salary of each commissioner is ten dollars for each day actually and necessarily engaged in the duties of the office. In addition to regular compensation, each supervisor shall receive three dollars for each day actually and necessarily engaged as a commissioner. E. Each commissioner shall give a bond to the county that is for an amount the board of supervisors requires and that is approved by the board. If the board of supervisors acts as the county highway commission, each member shall give an additional bond to the county of five thousand dollars that is conditioned and approved as official bonds of the board of supervisors. 28-6743. County highway commission powers and duties A. The county highway commission shall: 1. Investigate situations with respect to highways that in the board's judgment the greatest public necessity and convenience require highways to be constructed or improved. 2. Prepare a map of the highways that shows the location of, condition of, connections of and other information about the highways. 3. Determine which of the public highways should be improved with monies derived from the sale of the bonds to be authorized and sold. 4. Determine the kind of improvements that should be made. 5. Procure an estimate of the cost of the improvement. B. The county highway commission may employ an engineer. At least twenty days before the day appointed for the election, the county highway commission shall report to the board of supervisors. At least two weeks before the election the board of supervisors shall publish the report six times in a daily newspaper or twice in a weekly newspaper in the county. C. The call for the election shall be limited to the construction and improvement of the public highways that are included in the report and maps prepared by the county highway commission. 28-6744. Semiannual report; publication A. At least once every six months, the commission shall make and file with the board a detailed statement showing: 1. The amount of monies in the highway improvement fund at the time of its last statement. 2. The amount of monies received since its last statement and the purpose for which the monies were deposited. 3. The amount of monies spent since its last statement and the purpose for which the monies were spent. 4. The balance remaining. 5. The contracts entered into or completed since its last statement and the condition of the work under each contract. B. The board of supervisors shall publish the statement. The cost of publication shall be paid from the highway improvement fund. 28-6745. Commission expenses The county treasurer shall pay from the general fund of the county the traveling and other incidental expenses of county highway commission members that are actually and necessarily incurred and all other expenses incurred either by the board of supervisors or by the county highway commission under this article until there are sufficient monies in the highway improvement fund derived from the sale of bonds with which to pay the expenses. The county treasurer shall reimburse the general fund of the county from the highway improvement fund. After there are sufficient monies to pay for the expenses, all expenses shall be paid from the highway improvement fund. 28-6746. Road bond election precincts; election A. In conducting the election called under section 28-6743, the board of supervisors may form road bond election precincts by consolidating not more than six general election precincts into one road bond election precinct. The board of supervisors shall appoint one inspector, two judges and one clerk for each road bond election precinct. B. The election shall be conducted as other county bond elections, but notice of the election and the ballots prepared for the election shall state whether the proceeds of the bonds proposed to be sold are to be used in the improvement of the roads of the county generally or only on those roads that are specifically described in the notice of election and on the ballots prepared for use at the election. 28-6747. Sale of bonds; highway improvement fund; disposition of proceeds; use of surplus monies A. The board of supervisors shall: 1. Sell bonds issued under this article in the same manner as other county bonds. 2. Deposit the proceeds in the highway improvement fund to be paid out by the county treasurer only on order of the county highway commission and to be used only for the purpose for which they were authorized at the election. B. Any surplus remaining in the fund after completion of the improvement for which the bonds were voted shall be transferred to the general road fund of the county and the board of supervisors may spend the surplus either for repair of county roads or for construction of state highways or roads connecting with state highways. C. If the county highway commission determines that a surplus of more than one hundred thousand dollars remains in the fund after completion of all work under the contract, it may report that fact in writing to the board. The board of supervisors shall direct the county highway commission to spend the surplus on designated state highways or roads connecting with state highways without waiting for completion of the work on the improvement of the highways for which the bonds were voted. The county highway commission shall direct the expenditure of this surplus. 28-6748. Work contracts A. The county highway commission shall supervise and direct the work for which the bonds are issued under this article. B. As soon as the proceeds of the bond sale are deposited in the treasury, the county highway commission shall: 1. Prepare plans, specifications and profiles for the work. 2. Advertise for bids for the work or any part of the work by publishing a notice calling for bids on the work. C. A contract for doing any part of the work shall be let after advertisement to the lowest and best responsible bidder who will give any bond required by title 34, chapter 2, article 2, except that the county highway commission may: 1. Contract for any part of the work that does not cost more than one thousand dollars without calling for bids. 2. Reject any and all bids received and readvertise. 28-6749. Cooperative contracts with federal government A. The county highway commission may enter into cooperative contracts and agreements for construction of roads with the United States or any of its departments or agencies pursuant to an act of Congress. B. The provisions of law relating to methods of spending monies derived from the sale of the bonds do not apply to these cooperative contracts. On order of the county highway commission, the county treasurer shall deposit any monies in the county treasury that are subject to the disposition or control of the county highway commission required under a cooperative contract in a United States depository designated by the officer of the United States authorized by law to enter into the contract to the credit of and to be spent by this officer under the terms of the contract. 28-6771. County bridge construction The board of supervisors may construct and maintain bridges across streams whether wholly or partly within or outside the corporate limits of an incorporated city or town. 28-6772. Bridge joint use; railroad; petition; contract limitations A. On filing a petition signed by a majority of the taxpayers of the county, the board of supervisors may contract for the county with a railroad company for the construction and maintenance of bridges across streams to be used jointly by the railroad company and the public. The board of supervisors shall not contract to pay or be liable to pay more than one-third of the cost of construction and maintenance of a bridge. B. The petition shall state the total cost of the bridge and the amount to be paid by the county. The board of supervisors shall give notice by publishing the time of the hearing on the petition. 28-6801. Definition of toll road For the purposes of this article, "toll road" includes trails for the passage of saddle and pack animals and foot passengers, as well as roads designed for the passage of vehicles, if the trails have been built in mountainous or precipitous places or in other places where the building of roads for the passage of vehicles would be impracticable. 28-6802. Toll road construction; notice; application; hearing A. A person who desires to construct a toll road, bridge or ferry within one or more counties shall publish a notice in a newspaper that is published in each county, once each week for six successive weeks. The notice shall state: 1. The type and character of the road. 2. The terminals. 3. The general route and each city, town or village through which construction is proposed. 4. The time when the application required by this section shall be made, which shall not be more than ten days after the last publication of the notice. B. On the day specified in the notice, written application shall be made to the respective boards of supervisors of the counties for authority to take the necessary land and construct the road described in the notice. The application shall be in triplicate, and each copy shall be accompanied by: 1. An engineer's plat of the route of the proposed road showing the proposed centerline and right-of-way lines and giving engineer's stations and ties to legal subdivision lines of the regions traversed. 2. Proposed construction plans and details. 3. Estimates of cost. C. When the application is filed with the clerk of the board of supervisors, the clerk shall: 1. Immediately set the application for a hearing before the board of supervisors at least fifteen but not more than thirty days after the application is filed. 2. Forward a copy of the application, accompanying papers, instruments and documents and notice of the date of the hearing by certified mail to the highway commission. 3. Publish notice of the hearing one time at least ten days before the day of the hearing in the same newspaper in which notice of the application was published. D. At the hearing, all persons interested may appear and be heard. The board of supervisors may take testimony and adjourn the hearing. 28-6803. Application approval or rejection; effective date; franchise term and reversion A. If it appears to the board of supervisors that the public interest will be promoted by the application provided in section 28-6802, it may grant the application in whole or in part or as revised. B. The board of supervisors shall not grant an application if any of the following applies: 1. The highway commission files with the board of supervisors a written statement that the proposed toll road will interfere with an existing or proposed state highway or state route. 2. The proposed toll road will interfere with an existing or contemplated county highway. 3. The proposed toll road will be converted from a publicly funded or maintained street or highway. This paragraph does not apply if the applicant is an airport as defined in section 28-8461. C. An order granting an application is not effective until a copy of the order and an engineer's plat of the road approved in writing by the board of supervisors is filed with the county recorder within thirty days after the date the order is made. D. A franchise for a toll road shall not be granted for a term of more than ten years, subject to the right of extension for one additional period of not more than ten years. E. On expiration or forfeiture of a toll road franchise: 1. The ownership and all rights and privileges appurtenant to the ownership vest in the county or counties in which it is located. 2. The board of supervisors may declare it a free highway or collect tolls. 28-6804. Toll road; interference prohibited A toll road shall not interfere with a highway in general use by the traveling public. If a toll road is established or if the prior right to maintain it has been acquired, another toll road shall not be constructed or maintained within one mile of either side of the road. 28-6805. Toll road; condemnation; construction; guideposts A. Lands necessary for the construction of a toll road or appurtenances to a toll road may be acquired by condemnation. B. A toll road shall be laid out at least fifty feet wide. If the road is a plank road, the track shall be constructed eighteen feet wide of timber, plank or other hard material. If the toll road is a turnpike, the track shall be bedded with stone, gravel or other hard material found on the line of the track to the width of eighteen feet and faced with broken stone or gravel. A common wagon road shall be graded at least twelve feet in width and constructed with necessary turnouts to permit vehicles to pass conveniently. The roads shall: 1. Be ditched on the sides if practicable. 2. Have proper and necessary drainage. 3. Be constructed so that vehicles may pass on and off the track at intersections of roads. C. Any tollgate, tollhouse or other building shall not be erected within one hundred sixty-five feet of the front of any dwelling house, barn or outhouse without the written consent of the owner. A toll road shall not be constructed: 1. Within the limits of an incorporated city or town. 2. Through an orchard at least four years old so as to injure the fruit trees. 3. Through a garden that has been cultivated at least four years. 4. Through a dwelling house or yard or enclosure necessary to a dwelling house without written consent of the owner. D. There shall be a guidepost at every intersection of the toll road and a public road. The guidepost shall indicate the name and direction of the place to which the public road leads. The owner shall keep the guidepost in good condition at all times, and if the owner fails to do so: 1. The owner's franchise may be forfeited on information in the nature of quo warranto. 2. The owner is liable for damages sustained by parties passing over the road. 28-6806. Toll road construction and completion A. Construction of the toll road shall begin within thirty days after the date of the order approving the application and shall continue with all reasonable dispatch until completed. B. When the road is completed, the owner of the franchise shall file with the county recorder a certificate that the road is completed and conforms to the requirements of law. 28-6807. Toll rates; violation; classification A. When the certificate of completion is filed, tollgates may be erected and tolls may be collected. B. The board of supervisors shall fix and regulate the rates of tolls for franchises granted under this article within the limits of its county, giving due regard to the cost of construction, magnitude of the structure and expenses incidental to the toll road and maintenance. The rates may be changed after notice to the owners and the public given by posting notice on the property and after a hearing. The rates of tolls shall be printed or painted in a plain and legible manner on a bulletin board posted at each tollgate on the road. C. A person who knowingly demands or collects a higher rate of toll than fixed by the board is guilty of a class 2 misdemeanor. D. If a person traveling on a toll road attempts to run by or go around a tollgate established on a toll road with the intention of avoiding the payment of the toll, the person is guilty of a petty offense. 28-6808. State tax The owner shall: 1. Keep an accurate account of the gross receipts and expenditures of the road. 2. Make a quarterly report of the gross receipts and expenditures under oath to the department of administration accompanied by two per cent of the gross proceeds from the road that are deposited, pursuant to sections 35-146 and 35-147, in the state general fund.