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HomeMy WebLinkAboutItem 4-e - Resolution Repealing the 1959 Designation of US Highway 15 as the Jefferson Davis National Highway 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. 2 R ES-2018-060 A RESOLUTION REPEALING THE JUNE 1, 1959 BOARD OF COMMISSIONERS RESOLUTION DESIGNATING U.S. ROUTE 15 IN ORANGE COUNTY AS THE JEFFERSON DAVIS NATIONAL HIGHWAY WHEREAS, in the mid-twentieth century a private group began a movement to designate a coast to coast national highway as the Jefferson Davis Highway, Jefferson Davis Memorial Highway, or Jefferson Davis National Highway; and WHEREAS, this group approached local and state governments across the nation for support in the form of local roadway dedications; and WHEREAS, on June 1, 1959, pursuant to one such request, the Orange County Board of Commissioners voted to support a resolution designating that section of U.S. Route 15 situated in Orange County as the "Jefferson Davis National Highway"; and WHEREAS, the federal government never designated or adopted a Jefferson Davis Highway, Jefferson Davis Memorial Highway, or Jefferson Davis National Highway; and WHEREAS, because there is no official "Jefferson Davis National Highway" the 1959 resolution has no legal or practical effect and serves only to recognize Jefferson Davis; and WHEREAS, Jefferson Davis, though a United States Senator, was also the President of the Confederacy, a slave owner, and defender of the institution of slavery, and later a defender of white supremacy; and WHEREAS, the institution of slavery and its legacy of white supremacy must not be glorified by the recognition of the individuals who defend them; and WHEREAS, the Board of Commissioners is committed to dismantling the legacy of racism and inequality that continues to stain our community; NOW THEREFORE BE IT RESOLVED that the Board hereby REPEALS the June 1, 1959 resolution designating the section of U.S. Route 15 in Orange County as the Jefferson Davis National Highway. This the 16th day of October, 2018.