AGENDA #4e

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Municipal Agreement for Sidewalks at Homestead Road and Rogers Road

 

DATE:             September 7, 2004

 

 

The attached resolution would authorize the Town Manager to execute a municipal agreement with the North Carolina Department of Transportation to assume maintenance responsibility for two short sections of sidewalk after installation by the North Carolina Department of Transportation (NCDOT).

 

Map 1 attached to this memorandum shows the location of the proposed sidewalks which form part of a larger sidewalk project that crosses jurisdictions.

 

The Manager recommends adoption of the resolution.

 

BACKGROUND

 

In October 2003, a citizens group “Students on Sidewalks” presented a petition at the Joint Planning Meeting of the Orange County Board of Commissioners, the Chapel Hill Town Council and the Town of Carrboro Board of Aldermen. The petition requested the assembled governments to secure improvements for pedestrian and bicycle access to Chapel Hill High School, Smith Middle School and Seawell Elementary School from adjacent residential neighborhoods.

 

In the winter of 2003 a joint governmental task force was formed consisting of representatives from the Chapel Hill Town Council, the Town of Carrboro Board of Aldermen, the Orange County Commissioners and local citizens.

 

At the task force meeting inJune 2004, NCDOT agreed to construct a sidewalk on the west side of Homestead Road from High School Road to Rogers Road (approximately 1600 linear feet) and also to construct a short length of sidewalk on the east side of Rogers Road from its intersection with Homestead Road to an existing sidewalk (approximately linear 200 feet). The project is located partly inside and partly outside present Town limits. Please see Map 1. Construction by NCDOT is dependent upon the respective Towns of Chapel Hill and Carrboro accepting maintenance responsibility thereafter. (This requirement is the same standard as for sidewalks on NCDOT roads in Town limits.)

 

Approximately 100 feet of the sidewalk proposed on Homestead Road lies within Chapel Hill Town limits. The remainder lies beyond Town limits in the Carrboro planning area of the Orange County, Chapel Hill, and Carrboro Joint Planning Agreement. The sidewalk on Rogers Road lies beyond Town limits in the Chapel Hill planning area of the Joint Planning Agreement.

 

DISCUSSION

 

Homestead Road and Rogers Road are State-maintained roads. Sidewalk maintenance is normally a responsibility of municipalities. Within the Town limits, municipalities are empowered by the General Statutes of North Carolina to maintain sidewalks; outside of Town limits municipalities require the approval of a local act by the General Assembly of North Carolina to maintain sidewalks.  However, the Town Attorney, the Orange County Attorney and the Town of Carrboro Attorney have conferred on this matter and have determined that in this case the proposed town assumption of responsibility for the sidewalk works falls within the terms of existing special enabling legislative authority originally obtained for impact fees.  

 

Legal Authority

The General Assembly approved a local act on impact fees in 1986 (Chapter 936, Section 1). The Act, which is now included in the Town Charter Article 7, Sec.5.34 (d), allows the Town to accept maintenance responsibility for improvements to the State highway system with the approval of the Orange County Board of Commissioners:

 

“The Town may, with the approval of the Orange County Board of Commissioners, construct capital improvements outside the town limits but within the town’s extraterritorial planning area and may cooperate with the state in the construction of capital improvements to state highway system streets within this area as well as within the town.”

 

The Town of Carrboro has a similar provision in its Charter.

 

The lengths of the two sections of sidewalk involved in the project for Chapel Hill are approximately 100 linear feet on the west side of Homestead road and 200 linear feet on the east side of Rogers Road. We consider that there would be minimal costs associated with the maintenance of the new sidewalks.

 

MANAGER’S RECOMMENDATION

 

That the Town Council adopt the attached resolution which requests the Orange County Board of Commissioners to authorize the Town to assume maintenance responsibilities for the sidewalk described herein after installation. The resolution would also authorize the Town Manager to execute a Municipal Agreement with the State to assume maintenance responsibility for sidewalks to be constructed by the State.

 

ATTACHMENTS

 

1.         Project Location Map (p. 4).

 

A RESOLUTION REQUESTING COUNTY AUTHORIZATION TO ASSUME MAINTENANCE RESPONSIBILITY FOR A PROPOSED SIDEWALK ON ROGERS ROAD; AUTHORIZING A MUNICIPAL AGREEMENT WITH THE STATE FOR SIDEWALKS ON ROGERS AND HOMESTEAD ROADS (2004-09-07/R-5)

 

WHEREAS, the North Carolina Department of Transportation propose to make certain street and highway constructions and improvements within Orange County, said plans to consist of but not be limited to the provision of approximately 100 linear feet of sidewalk within Chapel Hill Town limits on SR 1777 (Homestead Road) and approximately 200 linear feet of sidewalk in the Chapel Hill joint planning area of Orange County on SR 1729 (Rogers Road); and  

 

WHEREAS, pursuant to Chapter 936, Section 1 of the 1986 Session Laws of the General Assembly of North Carolina, the prior approval of the Orange County Board of Commissioners is required in order for the Town of Chapel Hill to assume maintenance responsibilities for the section of sidewalk on Rogers Road after installation; and

 

WHEREAS, the Department of Transportation and the Town of Chapel Hill propose to enter an agreement for the installation of the aforementioned highway improvements whereby the Town of Chapel Hill agrees to assume maintenance responsibilities for the sidewalks after installation;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Mayor to request that the Orange County Board of Commissioners authorize the Town to assume maintenance responsibilities for the sidewalk on Rogers Road after installation; upon such approval, the Council authorizes the Town Manager to execute a Municipal Agreement with the North Carolina Department of Transportation for said project.

 

This the 7^th day of September, 2004.