WHEREAS, 67-2-1, NMSA, 1978, declares that roads and highways maintained and recognized as public by a County are "public highways"; and

WHEREAS, 67-2-3, NMSA, 1978, further declares that all roads over which the mails of the United States are carried are "public roads"; and

WHEREAS, 67-2-2, NMSA, 1978, required that all "public highways", except for highways and streets in municipalities and State Highways, be maintained by the respective counties in which they are located; and

WHEREAS, 4-37-1, NMSA, 1978, grants to every County those powers necessary and proper to provide for the convenience and general welfare of its citizens; and

WHEREAS, 23-16-1 et seq., NMSA, 1978, requires that each local school board designate school bus routes each year; and;

WHEREAS, school buses typically travel over private roads to pick up and drop off children; and;

WHEREAS, 22-16-10. NMSA, 1978 specifically allows a county to use its road equipment for snow removal on any school bus route and characterizes such as providing for the public welfare; and;

WHEREAS, 22-16-10, NMSA, 1978, allows a county to use its road equipment for snow removal to keep those roads over which school buses travel with children passable, without distinguishing between the private or public character of the roads used;

WHEREAS, the LEA COUNTY BOARD OF COUNTY COMMISSIONERS has determined it necessary to enunciate its policy with respect to maintenance of private roads that are traversed on a regular basis by school buses; and

WHEREAS, the LEA COUNTY BOARD OF COUNTY COMMISSIONERS has determined it necessary to enunciate its policy with respect to use of county road equipment and personnel generally to benefit private property, in light of the "anti-donation clause" in Article IX, Section 14 of the State Constitution:

WHEREAS, the LEA COUNTY BOARD OF COUNTY COMMISSIONERS and the schools within Lea County recognize that weather conditions make year around access to the designated roads impractical;

1.0 BOARD POLICY DETERMINATIONS:

1.1 PRIVATE ROAD: A road which ONLY serves to link a private dwelling place to a public road is a private road. (Other uses, however, including commercial use and adverse prescriptive use over a period of time, may deprive a road of its private character.)

1.3 MAINTENANCE: Lea County has no legal obligation to maintain private roads. Lea County may, however, lawfully maintain any portion of a private road that is regularly traveled by a school bus carrying children, as a legitimate exercise of its right to provide for the welfare of the citizens of Lea County. (Hereafter, private roads used on a regular basis by a school bus carrying children shall simply be referred to as "SUCH ROADS"; the singular derivative of that phrase may also be used.)

1.4 EFFECT OF COUNTY MAINTENANCE: County maintenance of such a road shall not, alone, change the private character of the road. Such work does not implicitly or explicitly constitute a declaration of part of Lea County that such a road has become a public road, or that it is entitled to future maintenance by the County.

1.5 BEST INTERESTS OF CHILDREN: It is in the best interests of the school children of Lea County that the County provide maintenance work on a limited and well-defined basis for such roads meeting the necessary criteria. Maintenance work, however, should be discontinued when school bus use is discontinued.

1.6 CONSENT REQUIREMENT: Maintenance work on such roads should not be done without first obtaining the prior written consent of all land owners.

1.7 PROTECTIVE PROVISIONS: It is in the best interest of Lea County to require that a standard form consent document be used which includes provisions to protect Lea County from any claims by an owner related to the maintenance work done on the road.

1.9 STATE SCHOOL BUS TRANSPORTATION: Only the roads approved by the State

School Bus Transportation Division and the local school districts will be considered for maintenance.

2.0 IMPLEMENTATION OF PRIVATE ROAD/SCHOOL BUS POLICY:

2.1 GUIDELINES AND CRITERIA: This policy will be implemented and administered by the Road Superintendent, the County Manager and the Lea County Commissioners.

2.1.2 MATERIALS: The Land owners on private school bus routes may provide caliche and other materials if feasible, but the County will not provide or haul, any new materials for the school bus routes. The land owners will be required to provide the materials on location when approved by the Road Superintendent.

2.1.3 MINIMUM MAINTENANCE: The Road Department will perform only minimum maintenance to such light grading as necessary to make the road passible to school buses.

2.1.4 ROADWAYS: The County will not alter the natural contour or grade of the roadway and will not alter the natural flow of water or run off flow.

2.1.5 HOLD HARMLESS AGREEMENTS: The County will be held harmless by all affected parties to include schools, bus contractors and land owners. Hold harmless agreements must be signed by all parties prior to the County's accepting maintenance of the routes. Obtaining signatures for the hold harmless agreements from the land owners will be the responsibility of the school bus contractors or school personnel.

2.2 ANNUAL REPORT: The Road Superintendent shall annually determine what private roads in Lea County are, in fact, being used on a regular basis by school buses and which of them, if any, are in need of maintenance. He shall report his findings to the Lea County Road Advisory Committee. The Lea County Roads Advisory Committee is to then submit its recommendations to the Board of Commissioners.

2.3 ANNUAL AUTHORIZATION: The Board of Commissioners shall approve in advance what maintenance work is to be done on such roads after receipt of the Advisory Board's recommendations. An overall plan for each fiscal year is requested of the Roads Advisory Board.

2.4 FEES AND COSTS: Authorized work on such roads shall be done at no charge to the owner of the road.

2.5 SNOW REMOVAL: The Road Superintendent is hereby given standing authority to utilize county road equipment and personnel for snow removal from school bus routes in the unincorporated areas of Lea County as needed.

3.0 ADMINISTRATION OF POLICY:

3.1 SUSPENSION OF POLICY: For good cause shown, the Board of Commissioners may suspend any requirements of restrictions set forth herein or make exceptions thereto, so that the needs of the County may be expeditiously met.

3.2 AMENDMENT OF POLICY: This Resolution may be amended by the Board of Commissioners in open meeting, as needed, to meet the needs of the County.

3.3 RECORDS: Complete and accurate records of road work done pursuant to this policy shall be kept by the Road Superintendent and available to the Board and the Roads Advisory Committee on request. Original Consent Documents, Contracts and Donation Agreements shall be kept by the Office of County Manager.

3.4 INTERPRETATION: This Policy Resolution shall be interpreted by the County Manager as needed.

THIS RESOLUTION IS ADOPTED IN OPEN MEETING ON THIS 27th day of April, 1992, to be effective immediately.

BOARD OF COUNTY COMMISSIONERS

LEA COUNTY, NEW MEXICO

Maurice Hughes, Chairman

ATTEST: Pat Chappelle

Lea County Clerk

By:

Donna Benge, Deputy