Article 12 — Highway Construction and Maintenance by Modoc County

This Article is adopted pursuant to Sections 972 through 975 of Chapter 2 of Division 2 of the Streets and Highways Code of the State, and all applicable provisions of said Code not specifically mentioned in this Article, and as said provisions may be amended from time to time, are hereby made a part of this Article.

(§ 1, Ord. 12, eff. December 10, 1982)

The purpose of this Article is to establish a highway which connects main County highways in Modoc and Siskiyou Counties and permits the use of such highway by the Board of Supervisors of Modoc County for constructing, reconstructing, and maintaining thereon a public highway servicing the needs of residents of Modoc and Siskiyou Counties, said road being located wholly in Siskiyou County, in Section 36, Township 48 north, Range 4 East, M.D.M., and extending along the north-south center line of said Section 36 between Modoc County Road No. 103A (at the Modoc-Siskiyou County line) and Osborne Road, Siskiyou County Road No. 0U19, a distance of 0.25 mile.

(§ 1, Ord. 12, eff. December 10, 1982)

Upon the acceptance of the provisions of this Article by the Board of Supervisors of Modoc County, as evidenced by a resolution duly passed and adopted by said Board and a copy thereof forwarded to the Board of Supervisors of Siskiyou County, the Board of Supervisors of Modoc County may:

(a)

Construct, reconstruct, and maintain such highway;

(b)

Construct and maintain on such highway such bridges and culverts as it deems necessary;

(c)

Improve such highway in such manner as it determines; and

(d)

Acquire real property or interests therein adjacent to such highway for County purposes and expend thereon such amounts as the Board of Supervisors of Modoc County deems necessary for County purposes.

(§ 1, Ord. 12, eff. December 10, 1982)

(a)

Upon the acceptance of the provisions of this Article as set forth in Section 34.1203 of this Article, the Board of Supervisors of Modoc County shall receive into the Road and Highway Construction and Maintenance Fund of Modoc County any and all moneys which are available or may become available for the maintenance, construction, or reconstruction of such highway from any source, whether County, State, or Federal, regular or special funding.

(b)

The expense of any and all work done or acquisition made pursuant to the provisions of this Article shall be paid by Modoc County out of the County General fund or such other fund of the County as the Board of Supervisors of Modoc County designates or makes available.

(c)

Upon the acceptance of the provisions of this Article, Modoc County shall become responsible for all maintenance of such highway and appurtenant facilities, all signs and signing necessary for the direction and safety of the motoring public, all roadway striping or painting which may be needed, and any or all other items, whether set forth in this Article or not, which shall provide direction and safety of movement for the traveling public.

(§ 1, Ord. 12, eff. December 10, 1982)

The highway described in this Article may be retransferred to Siskiyou County, under the provisions of Section 975 of the Streets and Highways Code of the State, by mutual consent expressed through ordinances of the respective Boards of Supervisors of Modoc and Siskiyou Counties for transferral of the use, control, maintenance, and responsibility to Siskiyou County.

(§ I, Ord. 12, eff. December 10, 1982)

Modoc County, and its employees, agents, and assignees, shall agree to indemnify and save the County of Siskiyou, and its employees, agents, and assignees, harmless from any and all liability, claims, damages, injuries, or death to any person, including injuries to contractors or subcontractors and their employees,

and all expenses of investigating and defending against the same arising from, or connected with, the performance of, or failure to perform, the work or other obligations of the road transfer agreement caused or claimed to be caused by the negligence of Modoc County, and its employees, agents, and assignees, or others.

(§ 1, Ord. 12, eff. December 10, 1982)