Agenda - 12-06-2004-5n - Laserfiche WebLink

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2 (approximately 200 ft.) would complete a safe pedestrian access from the surrounding neighborhoods to High School Road, and charged local jurisdictions to pursue any available funding to provide the sidewalks. North Carolina Department of Transportation (NCDOT), at the June 22"d meeting of the task force, reported that the North Carolina Moving Ahead! program will provide fl~nds to construct the sidewalks. The NC Moving Ahead! program does not require a local match. However, NCDOT must have a municipal agreement with some entity to accept maintenance and liabilities of the sidewalk before it can move ahead with construction. North Carolina General Statutes do not authorize counties to construct, maintain or be otherwise responsible for public roads or sidewalks, The General Statutes authorize cities and towns to construct, maintain and be responsible for public streets and sidewalks within their corporate limits; a local Act by the North Carolina General Assembly can grant cities and towns authority to maintain sidewalks outside their corporate limits but within their extraterritorial planning jurisdiction, Attorneys for Orange County, Chapel Hill and Carrboro have determined that local legislation obtained in 1986 authorizing Chapel Hill and Carrboro to establish impact fees also authorizes those towns, with the approval of the Orange County Board of Commissioners, to construct capital improvements, including sidewalks, outside the towns' limits but within an "extraterritorial planning area, as established by local act." (i.e, joint transition areas). (Please refer to attachment 5,) The Attorney General's office concurs that, with the approval of the Orange County Board of Commissioners, the Town of Carrboro and the Town of Chapel Hill may execute municipal agreements with the North Carolina Department of Transportation to accept maintenance responsibilities for the sidewalks. (Please refer to attachment 6,) FINANCIAL IMPACT: There is no financial impact associated with this item, RECOMMENDATION(S): The Administration recommends that the board adopt the resolution approving the requests from the Towns of Carrboro and Chapel Hill to assume maintenance responsibilities for the proposed sidewalks on Homestead and Rogers Roads.