Item 4-e - Resolution Repealing the 1959 Designation of US Highway 15 as the Jefferson Davis National Highway

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1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 16, 2018 Action Agenda Item No. 4-e SUBJECT: Resolution Repealing the 1959 Designation of US Highway 15 as the Jefferson Davis National Highway DEPARTMENT: County Attorney ATTACHMENT(S): INFORMATION CONTACT: Resolution John Roberts, 919-245-2318 PURPOSE: To adopt a resolution to repeal the 1959 Board of Commissioners designation of US Highway 15 as the Jefferson Davis National Highway. BACKGROUND: Orange County residents have expressed concerns regarding a 1959 Board action designating the section of US Highway 15 from the Durham line to the Chatham line as part of the Jefferson Davis National Highway. Staff research indicates that neither the United States Department of Transportation nor the North Carolina Department of Transportation recognizes a Jefferson Davis National Highway. The 1959 resolution had no legal or practical effect other than to recognize Jefferson Davis, the only president of the Confederate States of America. Local governing boards are free to pass and repeal resolutions as they see fit so long as repealing a resolution is done with equivalent procedural safeguards as were utilized in approving it. In this case it does not appear the original resolution was approved after any type of special public notice or public hearing, but rather was adopted similar to the way the BOCC currently approves general resolutions. The legal effect of adopting the attached resolution is limited to repealing the 1959 resolution. A plaque recognizing the Jefferson Davis National Highway is situated within the state-maintained right of way and is believed by staff at the NCDOT to be privately owned. The County does not have legal authority to encroach into the right of way or to remove the plaque. FINANCIAL IMPACT: There is no financial impact associated with this action. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status. • GOAL: ENABLE FULL CIVIC PARTICIPATION Ensure that Orange County residents are able to engage government through voting and volunteering by eliminating disparities in participation and barriers to participation. RECOMMENDATION(S): The Manager recommends the Board adopt the attached resolution repealing the 1959 designation.