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CASS COUNTY <br />COMMISSION POLICY MANUAL 38.19 <br />________________________________________________________________________ <br />SUBJECT: ORDINANCE #2007-1 AMENDED (CASS COUNTY HIGHWAY ACCESS) <br />ADOPTED DATE: AUGUST 3, 2015 PAGE 1 OF 2 <br />________________________________________________________________________ <br />AN ORDINANCE REGULATING ACCESS ONTO HIGHWAYS IN CASS COUNTY: <br />WHEREAS, The County of Cass has a Home Rule Charter, enacted in 1994 pursuant <br />to North Dakota Century Code Section 11-09.1; and <br />WHEREAS, within the Home Rule Charter Article 2, the electors granted the Cass County Board <br />of Commissioners authority to provide for the adoption, amendment, repeal, initiation, referral, <br />enforcement, and penalties for violation of ordinances, resolutions, and regulations to carry out <br />its governmental and proprietary powers and to provide for public health, safety and welfare; <br />and <br />WHEREAS, within the Home Rule Charter Article 2, the electors granted the Cass County Board <br />of Commissioners authority to lay out or vacate public grounds, and provide for the construction, <br />use, operation, designation, and regulation of a county road system; and <br />WHEREAS, N.D.C.C. §24-01-30 provides county highway authorities the power to establish <br />controlled-access facilities for public use wherever such authority or authorities are of the opinion <br />that traffic conditions, present or future, will justify such special facilities. Said highway <br />authorities of the county, in addition to the specific powers granted by law, also have and may <br />exercise, relative to controlled-access facilities, any and all additional authority now or hereafter <br />vested in them relative to highways or streets within their respective jurisdictions. Said units may <br />regulate, restrict, or prohibit use of such controlled-access facilities by the various classes of <br />vehicles or traffic in a manner consistent with the definition of a controlled-access facility; and <br />WHEREAS, the primary function of County Highways is to carry large volumes of through traffic <br />and a secondary and subservient function is to provide access to abutting property; and <br />WHEREAS, the absence of reasonable controls and regulations for access results in a reduction <br />of roadway capacity and safety. Unregulated access substantially increases delay and <br />congestion to the motoring public using the County Highway system; and <br />WHEREAS, conflicts between vehicles using a County Highway and vehicles entering and <br />exiting via access facilities are minimized through the application of appropriate design <br />standards. Therefore, the application of controlled-access will promote consistent driver <br />expectations resulting in maximum operational efficiencies and safety, and protect the public <br />investment in County Highways. <br />Exhibit 1