[1961 Code, sec. 328; 1947, ch. 557; 1947,
Sp. Sess., ch. 15; 1965, ch. 767, sec. 328(b); 1974, ch. 66, sec.
328]
A.
Board established; personnel. A County Roads Board
for Dorchester County is created. The Board of County Commissioners
of Dorchester County is constituted the County Roads Board. The Clerk
to the Board of County Commissioners is constituted Clerk to the County
Roads Board, the County Treasurer of Dorchester County is constituted
to be the Treasurer to the County Roads Board and the Attorney to
the Board of County Commissioners is constituted Attorney to the County
Roads Board.
B.
Powers. The County Roads Board is possessed of all
the powers and authority the County Commissioners possess with respect
to roads and bridges in the County under any public general or any
public local law of Dorchester County, including the power of condemnation.
Whenever the term "Board of County Commissioners" is used in this
Article, it shall be taken to mean County Roads Board, except with
respect to the levying of taxes.
C.
Functions and responsibilities. The County Roads Board
created herein shall perform those highway or public works functions
assigned by the County Commissioners, and it may be granted responsibility
for the following:
(1)
General County public works, buildings, publicly-owned
water and sewerage facilities and capital projects as directed by
the County Commissioners.
(2)
Roads, highways, bridges and streets, lanes, alleys,
footways and culverts.
(3)
Water supply facilities and projects if operated and
maintained by the County, unless part of a sanitary district:
(4)
Wastewater collection, treatment and disposal facilities
and projects.
(5)
Solid waste collection, recycling and disposal facilities
and projects.
(6)
Storm drainage, erosion and sediment control facilities
and projects.
(7)
Lighting for roads, highways, alleys and other public
places.
(8)
Fire hydrants, mosquito control facilities and programs
and snow and ice removal.
(9)
Other functions and duties not inconsistent herewith
as assigned from time to time by the County Commissioners.
[P.L.L., 1888, Art. 10, sec. 267; 1930, sec.
452; 1961 Code, sec. 329; 1878, ch. 477; 1896, ch. 85; 1912, ch. 514,
sec. 267; 1922, ch. 184, sec. 267; 1974, ch. 66, sec. 329]
The County Commissioners for Dorchester County
may control and regulate the public roads and bridges in the County,
subject to the provisions of this Article, and may levy such amount
annually as may be necessary for the repair of old roads and bridges
and for the construction of new roads and bridges.
[1961 Code, sec. 330; 1947, ch. 557, sec.
452A; 1974, ch. 66, sec. 330]
The County Roads Board may borrow from time
to time such sums of money necessary to carry out the provisions of
this Article, but not to exceed $50,000 in the aggregate at any one
time, and it may issue its notes or certificates of indebtedness as
evidence of the loan.
[P.L.L., 1888, Art. 10, sec. 268; 1930, sec.
453; 1961 Code, sec. 331; 1880, ch. 451; 1896, ch. 85; 1912, ch. 514,
sec. 268; 1922, ch. 184, sec. 268]
The County Commissioners for Dorchester County
shall have the right to dig, dredge or take sand and gravel from any
of the navigable rivers, creeks or branches of this state for the
purpose of using the same in the construction or repair of the public
roads of Dorchester County, and Article 27, § 480, of the
Code of Public General Laws, "Bagby" 1924 Edition, shall be so construed
as not 5 to apply to the County Commissioners for Dorchester County,
its employees or agents where the material so taken is for use on
the public roads of Dorchester County.[1]
[1]
Editor's Note: Section 480 of Article 27 of
the Code of Public General Laws, 1924 Edition, (Article 27, § 485,
of the Annotated Code of Maryland, 1957 Edition) has been repealed
by Acts 1970, ch. 241, § 2. For current provisions regarding
this subject matter, consult the Natural Resources Article of the
Annotated Code of Maryland, §§ 9-101 to 9-501.
[P.L.L., 1930, Art. 10, sec. 454; 1961 Code,
sec. 332; 1912, ch. 514, sec. 269; 1922, ch. 184, sec. 269; 1933,
ch. 232; 1947, ch. 557, sec. 454; 1949, ch. 347, sec. 454(b); 1974,
ch. 66, sec. 332]
The County Engineer shall be appointed by and
be responsible to the County Commissioners. He shall be considered
as a County employee, and his salary, benefits, vacation and other
details of employment shall be included in and part of the merit plan
or system for Dorchester County employees. These benefits shall be
part of the employee handbook, as amended annually.
[P.L.L., 1930, Art. 10, sec. 455; 1961 Code,
sec. 333; 1912, ch. 514, sec. 271; 1922, ch. 184, sec. 271; 1961,
ch. 78, sec. 455; 1974, ch. 66, sec. 333]
A.
Residency requirement; specific duties. The County
Roads Engineer shall reside in Dorchester County so long as he is
a County employee. He shall have charge, control and supervision of
the working, repairing and construction of the public roads and bridges
in the County and shall make all the specifications for the building
of new roads and bridges and shall see that no obstruction, hindrance
or injury is permitted upon any road or bridge under his supervision.
He shall have charge and control of all equipment, implements and
accessories which may be purchased or provided by the County Commissioners
for the purpose of this Article and shall employ such labor, equipment
and implements as he and the County Commissioners deem necessary in
connection with work on public roads and bridges, to be paid for by
the County Commissioners. He shall examine and certify to the correctness
of all bills and accounts for any work done or materials furnished
for any of the public roads or bridges in Dorchester County before
they are paid by the County Commissioners, and the County Commissioners
shall make no payment until the accounts are certified by the Engineer.
He shall be responsible for preparation of an annual budget for the
County Roads Board, to be submitted to the County Commissioners. In
addition, he shall submit to the County Commissioners budget comparisons
on a quarterly basis, reflecting expenditures against the budget.
B.
Programs and plans. Programs and plans for projected
work for the budget year will be part of the budget.
C.
Conflicts of interest. The County Roads Engineer shall
not be interested in any firm or corporation from which anything is
purchased for the use of the roads and bridges or receive any commission
on those purchases.
[1961 Code, sec. 334; 1941, ch. 287; 1943,
ch. 616; 1971, ch. 383; 1974, ch. 66, sec. 334; 1975, ch. 25; 4-12-2005 by Bill No. 2005-5]
A.
Every County employee engaged in the construction
or maintenance of County roads or bridges shall report to the County
Highway Supervisor and/or Public Works Director, except as otherwise
provided in this section, pursuant to the County's rules and regulations
and policies. The County Highway Supervisor will report directly to
the Public Works Director who is responsible to the County Manager
and County Council. The County Highway Supervisor shall be subject
to County personnel rules and regulations and policies.
B.
Compensation and benefits. These employees shall receive
the same benefits provided to other Dorchester County government employees
and as set forth in the County's annual budget.
C.
Determination of vacation and sick leave. Each employee
who has worked under the County Highway Supervisor for at least one
year shall receive the same vacation, with pay, at a time to be designated
by the Supervisor, and shall be entitled also to the same sick leave,
with pay, in each year as Dorchester County government employees.
D.
(Reserved)
E.
Complaints or grievances. Any employee who has any
complaint or grievance concerning the terms, conditions or procedures
of his employment may file a grievance in accordance with Section
I.G. of the Dorchester County Personnel Rules and Regulations.
[P.L.L., 1930, Art. 10, sec. 456; 1961 Code,
sec. 335; 1912, ch. 514, sec. 272; 1922, ch. 184, sec. 272]
The County Commissioners for Dorchester County
shall, subject to the approval of the County Roads Engineer, appoint
such assistants to said Engineer in each of the election districts
of said County as may be deemed necessary. Under the control and direction
of the County Roads Engineer, the assistants shall supervise the road
and bridge work in their respective districts and perform such other
duties as the County Roads Engineer may prescribe. The assistants
shall keep the time of all the employees in their respective districts
and a correct record of all materials used and make such reports as
may be required thereof and certify bills therefor to the County Roads
Engineer, to be approved by him before being presented to the County
Commissioners for Dorchester County for payment. For incompetency
or willful neglect of any duty imposed upon him by this Article or
by the rules and regulations duly made by the County Roads Engineer
and of which he shall be given due notice, any assistant may be suspended
from service at any time by the County Roads Engineer, who shall thereupon
state, in writing, to the County Commissioners for Dorchester County
the reason for such suspension, and if the action of the County Roads
Engineer shall be sustained by a majority vote of the County Commissioners
for Dorchester County, the suspended assistant shall be summarily
removed from office and his successor appointed in the manner hereinbefore
provided. Each assistant shall devote his entire time to his duties
during such days as the County Roads Engineer may determine.
[P.L.L., 1930, Art. 10, sec. 465; 1961 Code,
sec. 336; 1912, ch. 514, sec. 279B; 1961, ch. 78, sec. 465]
The County Roads Engineer of Dorchester County
shall, on or before the first day of April in each year, make up a
schedule of the public roads and bridges to be worked, repaired or
rebuilt during that year and the extent of the work and repairs to
be done thereon and present the same to the County Commissioners for
their approval or rejection, in whole or in part, and said Commissioners
may from time to time add to said schedule any road or roads and bridges
not included in said Engineer's report that are to be worked, repaired
or rebuilt during the year in their respective commissioner districts,
the total amount of such schedule not to exceed 75% of the amount
levied for such purposes, with the remainder of 25% of said road levy
to be kept in reserve for use in making temporary repairs to any and
all other roads and bridges in said County as the safety and convenience
of public travel may require, and provided, further, that nothing
in this Article shall be taken or construed to interfere with or relate
to any contract work of any of the roads or bridges in said County
now or hereafter to be entered into by said Commissioners.
[P.L.L., 1930, Art. 10, sec. 466; 1961 Code,
sec. 337; 1912, ch. 514, sec. 279C; 4-12-2005 by Bill No.
2005-5]
It shall be the duty of the County Highway Supervisor
and/or Public Works Director to submit to the County Council for their
information the price of all bridge and road material recommended
by him to be purchased for use in the repair or rebuilding of the
roads and bridges, as hereinbefore provided to be repaired and rebuilt,
before same shall be purchased by the County Council and also the
quantity, price and quality of food required for the teams. It is
expressly understood that all materials, supplies, fees, equipment,
etc., for use on the County roads and bridges are to be purchased
by said County Council, and same shall be inspected and passed upon
and all bills certified as correct by said County Roads Supervisor
before being paid.
[P.L.L., 1930, Art. 10, sec. 467; 1961 Code,
sec. 338; 1912, ch. 514, sec. 279D]
The County Roads Engineer, whenever requested
by the County Commissioners to do so, shall take charge of and supervise
all contract work on the County roads and bridges entered into by
said County Commissioners with the State High way Administration or
under the provisions of the Shoemaker Act when not actually engaged
in the general road work of said County.[1]
[1]
Editor's Note: The provisions of the Shoemaker
Act, ch. 225 of 1904, provide for assistance to the counties in building
roads.
[1961 Code, sec. 339; 1951, ch. 194]
The County Commissioners of Dorchester County
are authorized and empowered to promulgate and enforce rules and regulations
as to the maximum size and weight and as to the type of wheels, structure
and equipment of motor vehicles, trucks, tractors and trailers that
may be operated or used on County roads in Dorchester County; provided,
however, that such rules and regulations shall not conflict in any
respect with the rules and regulations relating to maximum size and
weight and as to the type of wheels, structure and equipment as set
forth in the public general laws of Maryland. Such rules and regulations
shall have a reasonable relationship to the construction, use and
character of the road or roads concerned and shall be designed to
assure the continued safety and good condition of any such road or
roads. Any violation of any such rule and regulation shall be a misdemeanor,
subject to a fine of not more than $100 or to imprisonment for not
more than 10 days.
[1975, ch. 633]
A.
Authority. The County Commissioners of Dorchester
County have the power to provide by ordinance for constructing on
or adjacent to private properties within the County the structures
or improvements the County Commissioners of Dorchester County deem
necessary to maintain, support or protect any public improvement,
utility or facility where the owner of adjoining private property
has failed to act in respect to protection of a public improvement,
utility or facility within the County. The Commissioners may acquire
land and property for the purpose of making an improvement by purchase
from the owners, by agreement with the owners as to price or, if necessary,
by condemnation as provided by law.
B.
Assessment. The County Commissioners have the power to assess all or part of the actual cost of the work authorized in Subsection A. The assessment shall be upon the adjoining property, and the levy of the assessment constitutes a lien upon such land.
C.
Collection of assessment payments. The County Commissioners have the power to collect any sum or sums of money assessed as provided in Subsection B in any manner and by any process now provided by law for the collection of taxes from real and personal property within Dorchester County.
D.
Action by County Commissioners. If the County Commissioners,
in their sole discretion, deem it necessary to act to protect a public
improvement, facility or utility, they shall pass a resolution declaring
the improvement that is to be made and give a reasonable notice of
the resolution. The resolution shall provide what is to be improved
and how it is to be improved and the estimated cost thereof, showing
how much of the costs will be paid by the adjoining property, and
after the publication of the resolution or notice thereof, the Commissioners
shall, by ordinance, appropriate the amount to be paid by the County.
They shall assess upon the property the amount to be paid by the property
owner, giving the time when the money shall be due and payable. The
ordinance also shall provide that, unless cause to the contrary is
shown on or before some day therein named, said assessment shall,
after that date, become final. The Commissioners shall pass an ordinance
making the assessment final.
E.
Appeal; bond; certificate of decision. Any person
in interest who feels aggrieved by the passage of any assessment has
the right to appeal from the final assessment within 15 days from
its date. The appeal shall be made to the Circuit Court for Dorchester
County, and the appellant shall execute an appeal bond of $300 payable
to the State of Maryland for the use of the Commissioners. If the
appellant is not successful, the bond and the appellant are liable
for all the costs and expenses on account of the appeal. If the appeal
is successful, the bond is void. If an appeal is taken, the fact shall
be noted upon the records of the Commissioners. The appeal bond shall
be filed with them, and the Clerk of the Commissioners shall make
a copy of all the proceedings and send them, with the bond, to the
Clerk of the Circuit Court, who shall place the case upon either the
civil appeal or the civil trial docket of the Circuit Court, as the
Court may direct. The appeal transfers to the Court all the proceedings,
which shall be subject to review by the Court, and the Clerk of the
Court shall, after the action of the Court on the appeal, as soon
as possible, certify to the Clerk to the Commissioners the judgment
of the Court in the case, which certificate shall be recorded immediately
after the ordinance or final order passing the same and immediately
after the entries showing that the appeal was taken. No appeal shall
be heard by the Court or transmitted to the Court unless the bond
is first filed with the Clerk to the Commissioners, who shall have
the right to determine the financial sufficiency of the sureties or
surety thereon. The final order of the Commissioners making the ordinance
effective need not be published.
