28-6309. Interim roadway pursuant to agreement

A. In addition to the authority provided in section 28-6310, subsections A, B and C, a city or town may enter into an intergovernmental agreement with the department for the design and construction of an interim roadway within a transportation corridor that is listed in the regional transportation plan of the county in which the city or town is located for temporary use pending construction of a controlled access highway.

B. The interim roadway authorized by this section shall be a controlled access roadway to which access is limited in the manner prescribed in the intergovernmental agreement.

C. The intergovernmental agreement may provide that the city or town shall indemnify and hold the state harmless for all costs and liabilities incurred during the construction of an interim roadway and resulting from the operation of an interim roadway constructed by a city or town pursuant to this section.

D. The intergovernmental agreement shall specify the following:

1. That the interim roadway shall be designed and constructed to mitigate any adverse environmental impact of the interim roadway on the surrounding area.

2. That the design and construction shall conform with standards determined by the director.

3. The manner in which access is limited to the interim roadway.

4. That the department shall reimburse the city or town from the regional area road fund or from state highway fund monies provided by section 28-6538, subsection B, paragraph 1 for the costs of the components of the interim roadway constructed pursuant to this section that are necessary for the construction of the controlled access highway pursuant to a date or reimbursement schedule mutually agreed on in writing by the board, the regional planning agency and the city or town.

5. The standards determined by the department pursuant to paragraph 2.

6. That the regional planning agency and the board have approved in writing the design and construction of the interim roadway.

7. That public hearings shall be conducted to receive public comment on the proposed design and construction of the interim roadway.

28-6309. Interim roadway pursuant to agreement

A. In addition to the authority provided in section 28-6310, subsections A, B and C, a city or town may enter into an intergovernmental agreement with the department for the design and construction of an interim roadway within a transportation corridor that is listed in the regional transportation plan of the county in which the city or town is located for temporary use pending construction of a controlled access highway.

B. The interim roadway authorized by this section shall be a controlled access roadway to which access is limited in the manner prescribed in the intergovernmental agreement.

C. The intergovernmental agreement may provide that the city or town shall indemnify and hold the state harmless for all costs and liabilities incurred during the construction of an interim roadway and resulting from the operation of an interim roadway constructed by a city or town pursuant to this section.

D. The intergovernmental agreement shall specify the following:

1. That the interim roadway shall be designed and constructed to mitigate any adverse environmental impact of the interim roadway on the surrounding area.

2. That the design and construction shall conform with standards determined by the director.

3. The manner in which access is limited to the interim roadway.

4. That the department shall reimburse the city or town from the regional area road fund or from state highway fund monies provided by section 28-6538, subsection B, paragraph 1 for the costs of the components of the interim roadway constructed pursuant to this section that are necessary for the construction of the controlled access highway pursuant to a date or reimbursement schedule mutually agreed on in writing by the board, the regional planning agency and the city or town.

5. The standards determined by the department pursuant to paragraph 2.

6. That the regional planning agency and the board have approved in writing the design and construction of the interim roadway.

7. That public hearings shall be conducted to receive public comment on the proposed design and construction of the interim roadway.