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RES 2003-1113 - Interlocal Preservation Plan for Lincoln HWY s, Planning Department '� s �r,��r r„ r. CJmalsa/Douglas Civic Center `J �!'!1 `'- } " :. 1819 Farnam Street,Suite 1100 ® ' J it b Omaha,Nebraska 68183-01 1© 9A `' .,ry: (402)444-5200 oq�TEA Ft aR�h� (402)444-5150 Telefax(402)444-6140 Csty of Omaha Robert C.Peters Mike Fahey,Mayor - Director Honorable President and Members of the City Council, The attached Resolution approves an Interlocal Agreement between the City of Omaha, Nebraska, Douglas County, Nebraska, the City of Elkhorn, Nebraska, the State of Nebraska Department of Roads, the Nebraska State Historical Society, and the United States Department of Transportation, Federal Highway Administration; copies of which are attached hereto and incorporated herein by reference. The Interlocal Agreement outlines each jurisdiction's duties and responsibilities in following and implementing, as a general policy, the document, "A Preservation Plan for the Lincoln Highway in Elkhorn, December 2002." This document outlines general policies to preserve the Old Lincoln Highway from 17411i Street and West Dodge Road to 204th Street. The City of Omaha agrees to make best efforts to implement the provisions of the preservation plan. Respectfully submitted, Referred to City Council for Consideration: D'''r-----t-l"""// - 7•/}'03 770-- d'/Y-de. . Robert C. Peters 5 ), Date Mayor's Office Date Planning Director P:1P1n518949pjm,doc 25A crry OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the Old Lincoln Highway, from 174th Street and West Dodge Road to 2046 Street, is a historic roadway that is worthy of preservation efforts and traverses the jurisdictions of the City of Omaha, the City of Elkhorn, and Douglas County; and, WHEREAS, the State of Nebraska Department of Roads, the Nebraska State Historical Society, and the United States Department of Transportation, Federal Highway Administration, each hold an interest in the preservation of the Old Lincoln Highway through both transportation improvement funding and through historic preservation efforts; and, WHEREAS, the document "A Preservation Plan for the Lincoln Highway in Elkhorn,December 2002"outlines general policies to preserve the Old Lincoln Highway; and, WHEREAS, the attached Interlocal Agreement outlines each jurisdiction's duties and responsibilities in following and implementing as a general policy the document "A Preservation Plan for the Lincoln Highway in Elkhorn,December 2002". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the attached Interlocal Agreement between the City of Omaha, Nebraska, Douglas County, Nebraska, the City of Elkhorn, Nebraska, the State of Nebraska Department of Roads, the Nebraska State Historical Society, and the United States Department of Transportation, Federal Highway Administration, setting forth each jurisdiction's duties and responsibilities in following and implementing, as a general policy, the document "A Preservation Plan for the Lincoln Highway in Elkhorn, December 2002," is hereby approved, and the Mayor and City Clerk are hereby authorized to execute and attest the attached Interlocal Agreement. PAY1t5\8950pjm.doc APPROVED AS TO FORM: CITY ATTORNEY DATE 01 - vier .ou By Jrncilrnernber Adopted ...QP.t..2..6 2-0 .../.(Xega* City_ Clerk Approved 11 c� pj � O Mayor INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into by and between the City of Elkhorn, Nebraska(Elkhorn); the County of Douglas,Nebraska(Douglas County);the City of Omaha,Nebraska(Omaha); the State of Nebraska,Department of Roads(NDOR);the Nebraska State Historical Society (NSHS);and the United States Department of Transportation,Federal Highway Administration (FHWA). WITNESSETH: WHEREAS,the Interlocal Cooperation Act,Neb. Rev. Stat. §§ 13-801 through 827 (Reissue 1997 and Cum. Supp. 2002) as amended,provides that public agencies and local units of government may enter into agreements for the joint and cooperative exercise of their powers and authority so as to enable them to cooperate and thereby provide services and facilities in a manner which accords best with factors influencing the needs and development of local communities; and WHEREAS,the portion of the Old Lincoln Highway,also known as County Road 120, between 174`" and West Dodge Road and the 204th Street or Highway 31 viaduct,is one of the nation's best preserved and longest segments of the historic Old Lincoln Highway; and WHEREAS,the roadway, its location, design,materials,workmanship, setting, feeling, • and association all contribute to the qualities that make that portion of the Old Lincoln Highway eligible for listing in the National Register of Historic Places;and WHEREAS,urban development in the area is causing transportation and development issues which will diminish or threaten these qualities;and WHEREAS,the NDOR has allocated$500,000 of federal Transportation Enhancement (federal T.E.) funds to Elkhorn for developing an alternative east-west route to divert routine traffic away from said portion of the Old Lincoln Highway; and WHEREAS, the NDOR has allocated $437,000 of federal T.E. funds to Douglas County for the rehabilitation of brick surfacing in said portion of the Old Lincoln Highway; and WHEREAS, as a condition of the allocation of said federal T.E. funds, Elkhorn,Douglas County, Omaha,the NDOR, and the NSHS executed a prior Interlocal Agreement dated July 5, 2001 requiring the preparation of a preservation plan for said portion of the Old Lincoln Highway; and WHEREAS, such a preservation plan was completed in December 2002 by RDO Crose Gardner Shukert,and it recommends a program for the preservation of said portion of the Old Lincoln Highway and its environs; and WHEREAS, federal funds may also be available in the future for improvements consistent with said preservation plan; and WHEREAS, it is the expressed policy of the parties to protect the integrity of this portion of the Old Lincoln Highway;and WHEREAS,the parties are entering into this Interlocal Agreement for the purposes of adopting said preservation plan; providing required assurances to the NDOR and the FHWA regarding the use of the allocated federal T.E. funds; and identifying the powers, duties, and responsibilities of the parties: and WHEREAS, Elkhorn, Douglas County, and Omaha as the local jurisdictions have the legal authority to plan and implement the conditions herein; and WHEREAS,the NDOR, NSHS, and FHWA as governmental agencies have the authority to require and enforce the conditions herein- 2 NOW,THEREFORE, in consideration of the foregoing and the mutual promises and agreements hereinafter, it is agreed by and among the parties as follows: I. Duration 1.1 This Interlocal Agreement shall become effective and binding upon its execution by all of the parties hereto. 1.2 The duration of this Interlocal Agreement shall be for forty(40)years from the date of execution by all of the parties hereto. 1.3 The duration of this Interlocal Agreement may be changed by the parties pursuant to a written and signed amendment as provided hereinafter in Section 5.1. I I. Separate Entity And Administration 2.1 This Interlocal Agreement does not establish any separate legal or administrative entity. 2.2 The co-administration of this Interlocal Agreement shall be by the appointed representatives of Elkhorn,Douglas County, and Omaha. III. Responsibilities 3.1 The document,A Preservation Plan for the Lincoln Highway in Elkhorn_, December 2002, by RDG Cruse Gardner Shukert (Preservation Plan), is accepted as the general policy of the parties regarding the portion of the Old Lincoln Highway between 1746 and West Dodge Road and the 204'h Street or Highway 31 viaduct. 3.2 Pursuant to a Program Agreement between Elkhorn and the NDOR for NDOR Project No. STPB-3810(1), Elkhorn shall proceed with the construction of a continuous Blondo 3 Street connection between 192'and 204th Streets as provided in said Program Agreement. With regard to Elkhorn and the NDOR only, the terms and responsibilities provided in said Program Agreement are incorporated herein. 3.3 Pursuant to a Program Agreement between Douglas County and the NDOR for NDOR Project STPB-28(76) approved by Douglas County on February 11, 2003, Douglas County will proceed with the restoration of brick surfacing on the subject portion of the Old Lincoln Highway as provided in said Program Agreement. With regard to Douglas County and the NDOR only,the terms and responsibilities provided in said Program Agreement are incorporated herein. 3.4 Elkhorn and Omaha shall require developers in the platting process of affected land to dedicate right-of-way for other east-west street connections recommended by the Preservation Plan and by the 180"'. 192"d, and Blondo Street Corridor Study. December 2002, and shall make best efforts to promote the completion of those routes as development occurs and when funding becomes available. 3.5 The jurisdictions agree that, if funding is available, then any major improvements to the 180'h and 192nd Street intersections with the Old Lincoln Highway will include grade separations without access between those streets and the Old Lincoln Highway. The design of such structures shall incorporate design elements consistent with the historic character of the Old Lincoln Highway. 3.6 The jurisdictions agree that, unless prohibited by State and Federal law, no new development shall be granted additional accesses to the subject portion of the Old Lincoln Highway. The jurisdictions shall enforce this provision through development review and zoning and subdivision approval processes. 4 3,7 As access alternatives are developed,the jurisdictions shall require, unless prohibited by State and Federal law,properties adjacent to the subject portion of the Old Lincoln Highway to close existing accesses and to connect with such alternative access routes. 3.8 The jurisdictions shall develop and implement a consistent regulatory signage program to identify the subject portion of the OId Lincoln l lighway as a historic roadway and to discourage routine users from traveling along it, and the jurisdictions shall develop maintenance standards that preserve the historic character and which are for lower design speeds and traffic service levels than other more transportation oriented maintenance standards. The signage system shall include directional signage identifying preferred routes to major community destinations_ 3.9 The jurisdictions shall adopt consistent land development regulations for new development along the subject portion of the Old Lincoln Highway, establishing minimum setbacks for development on these properties. Such regulations may take the form of an overlay district and shall include provisions generally consistent with those recommended by the Preservation Plan. 3.10 The jurisdictions shall support designation of the subject portion of the Old Lincoln Highway as a Nebraska Byway. 3.11 With regard to those portions of"Parcel 2" which are situated within their respective jurisdictions,Elkhorn and Omaha shall encourage and accept the dedication of such portions of the land described as "Parcel 2" in the Preservation Plan, between the Old Lincoln Highway and the West Branch of the Papillion Creek between two bridge crossings of the Old Lincoln Highway over the creek west of 180`h Street and east of l 92' Street, provided that the cost of such land is consistent with its fair market value. 5 Omaha shall encourage and accept the dedication of land described as "Parcel 1"in the Preservation Plan provided that the cost of such land is consistent with its fair market value. Elkhorn shall encourage and accept the dedication of land described as "Parcel 3" in the Preservation Plan provided that the cost of such land is consistent with its fair market value. 3.12 The jurisdictions will make best efforts to implement other provisions of the Preservation Plan as land or funding become available. 3.13 The parties to this Interlocal Agreement shall consult in the planning and implementation of all elements herein described or referenced. Iv. Material Breach 4.1 Should the NDOR determine that either Elkhorn or Douglas County are in material breach of this lnterIocal Agreement and/or the Preservation Plan, then written notice of the material breach shall be provided to Elkhorn or Douglas County along with notice to all other parties. Elkhorn or Douglas County shall have a reasonable time to cure any asserted material breach to the reasonable satisfaction of the NDOR. The parties shall make best efforts to consult and resolve any asserted material breach. 4.2 in the event a material breach by Elkhorn or Douglas County as provided in Section 4.1 is not cured in a reasonable time to the reasonable satisfaction of the NDOR, then the NDOR shall he entitled to receive from Elkhorn or Douglas County only, whichever is the breaching party,a pro-rated reimbursement of the federal T.E. funds which were allocated to that breaching party. The reimbursement shall be calculated as 1/40 for each year remaining in the forty(40)year term of this Interlocal Agreement. 6 V. Amendment And Termination 5.1 The parties may amend this Interlocal Agreement but all amendments or other modifications, additions, deletions, or changes must be in writing and signed by all of the parties. No amendment of this Interlocal Agreement shall be binding or effective until it is reduced to writing and signed by all of the parties. 5.2 Should any event such as a natural disaster, or other similar occurrence, render the subject portion of the Old Lincoln Highway no longer eligible for the National Register of Historic Places, then the parties shall consult to determine if this Interlocal Agreement should be amended or terminated. 5.3 In the event of a termination of this Interlocal Agreement as provided in Section 5.2 and prior to the forty (40) year term defined in Section 1.2, then the NDOR shall be entitled to receive, from Elkhorn and Douglas County only, a pro-rated reimbursement of the federal T.E. funds which were respectively allocated to Elkhorn and Douglas County. The reimbursement shall be calculated as 1/40 for each year remaining in the forty (40) year term of this Interlocal Agreement. CITY OF ELKHOjjjRN COUNTY OF DOUGLAS a--: / `` )' By: By: ':5; [ - S Title: `''/ f 76,7c° i/'[ Title: L Date Signed: /SWj 2003 Date Signed:C, 3 g � � 2003 APPROVED AS TO FORM:. APPROVED AL5 TO FORM: ''-'7" 1(--') 7 . FPilr`r ^'`s ,;TT; Har'/ 7 1._De-Dub County Attorney —® ! .; $c., ?1,'.e„t :+7.11: t .j?11 1., ...". Ft) <,• !-:c. •"...! • ri“ =1v tu::'2 .1":, . '4 ,5! t OP) !1,L .• • )rq :LA?, (1••:•-) ▪ lfh 0) ;' • '`fiq./)...; ;1,1 ="-•(‘','1 4.) t( ::1;" CiL6 1•'.41; • .• •• I y CITY OF OMAHA NEBRASKA STATE HISTORICAL SOCIETY lAittfekottowyt% By: By: Title: O Title: • 5' ,!t . p. p. Date Signed: 9 , 2003 Date Signed: //seal , 2003 • STATE OF NEBRASKA, DEPARTMENT UNITED STATES DEPARTMENT OF OF ROADS TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION Nebraska Division By: --iltricih/it� t Title: Title: ,. Date Signed: 017 D 8 , 2003 Date Signed: / t2 2003 t ` eta city Clerk 8 ) ; )). ) • ° e/i q() •/- !.) • 4' 4i V.... 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