HomeMy WebLinkAboutAgenda - 03-18-2014 - 6eORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 18, 2014
Action Agenda
Item No. 6 -e
SUBJECT: Durham - Chapel Hill - Carrboro Metropolitan Planning Organization
Member Agencies Memorandum of Understanding Revisions
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No
ATTACHMENT(S):
1. Flowchart of the MOU Revision Process
2. Updated MOU with Changes Noted
3. Existing MOU (Executed 1994)
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INFORMATION CONTACT:
Bret Martin, Transportation Planner, 245-
2582
Tom Altieri, Comprehensive Planning
Supervisor, 245 -2579
Craig Benedict, Planning Director, 245 -2592
PURPOSE: To approve and authorize the Chair to sign a final draft of an updated /revised
Memorandum of Understanding (MOU) among the member agencies of the Durham - Chapel
Hill - Carrboro Metropolitan Planning Organization (DCHC MPO).
BACKGROUND: The DCHC MPO is a transportation planning agency charged with fulfilling
federally mandated metropolitan planning requirements influencing the use of federal
transportation funding within the Durham Urbanized Area (UZA) and the area beyond the UZA
boundary expected to become urbanized within 20 years. The MPO is a partnership of the
member governments within the Durham UZA/MPO planning area and the North Carolina
Department of Transportation in cooperation with the United States Department of
Transportation. Membership within the MPO is established through an MOU between its local
government member organizations /jurisdictions that was last executed in 1994.
The MPO has developed an updated /revised member agency MOU reflecting changes in
federal and state legislation and regulations, the MPO's function and structure, and its and its
member government responsibilities. In concert with the MOU update /revision process
illustrated in Attachment 1, the BOCC first reviewed a draft updated MOU at its September 5,
2013 meeting, provided comments on the draft revisions, and submitted these comments to the
MPO along with comments generated by other MPO member governments. These comments
were reviewed by the MPO's Technical Coordinating Committee (TCC) and governing board,
and the MPO subsequently made changes to the draft MOU based on these comments.
At its January 23, 2014 meeting, the BOCC reviewed and considered the updated /revised MOU
with the changes having been incorporated. However, the BOCC did not approve the MOU and
asked that clarifying language regarding what constitutes a quorum of the MPO Board as well
as other minor edits be incorporated into the MOU. These comments were echoed by some
other member governments and were subsequently incorporated into a new draft of the MOU to
be redistributed for adoption by the member local governments. The incorporation of these
comments into the MOU is reflected in the draft with changes noted provided as Attachment 2.
Since the BOCC's last review of the MOU, aside from the incorporation of clarifying language
and other minor edits, only one substantive comment received from other member governments
has been incorporated into the new draft. This comment involves adding language specifying
Triangle Transit's role in funding the MPO's Unified Planning Work Program (UPWP). The
incorporation of this comment is noted on page 10 of Attachment 2.
Attachment 2 is the revised MOU complete with comments in the margin that explain the
entirety of the MPO's recommended changes from the existing 1994 MOU. County Planning
staff participated in subcommittee meetings with MPO and partner agency staff to develop the
current draft and is supportive of the revisions. From County Planning staff's perspective, the
most significant proposed revisions are:
• Addition of Triangle Transit to the MPO's member governments and inclusion as a voting
member on the MPO Board, previously known as the Transportation Advisory Committee
JAC);
• Addition of three (3) weighted votes for Orange County on the MPO Board from one (1)
to four (4) votes based on updated population figures from the 2010 US Census, subject
to the following notes:
o Effectively, Orange County's level of representation from weighted votes is
increasing from 7.1% to 10.5 %,
• The total number of weighted votes allocated among member agencies is
increasing from 15 to 38,
• Each local government represented receives a minimum of two (2) weighted
votes, while NCDOT and Triangle Transit receive only one (1), and
• Historically, weighted voting has rarely been instituted for matters coming before
the MPO Board but is available as an option to MPO Board members;
• Additional voting membership on the MPO's staff board from two (2) to three (3)
representatives; and
• Inclusion of cost sharing among member governments for the local match associated
with the MPO's work program, including the aforementioned additional language for cost
sharing pertaining to Triangle Transit.
The existing (1994) MOU is provided (Attachment 3) for reference if needed.
FINANCIAL IMPACT: Other than staff time, there is no financial impact associated with this
item. Orange County's share of the cost ($28,080) for the MPO's work program is included in
the County's FY 2013 -14 budget. NOTE: Orange County will be more involved in securing
potential funding sources through the DCHC MPO for Orange Public Transportation (OPT)
capital and operation needs since OPT provides transit services to populations in the Durham
UZA (UZA is partially within Orange County) for which other transit providers serving this
Orange County portion of the Durham UZA currently get credit in funding allocations.
RECOMMENDATION(S): The Manager recommends the Board approve the final draft of the
updated /revised DCHC MPO member agency MOU and authorize the Chair to sign a clean
copy of the final draft.
Attachment 1:
DCHC MPO Process for Revising Member Agencies MOU
ATTACHMENT 2: UPDATED MOU WITH CHANGES NOTED
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DURHAM - CHAPEL HILL- CARRBORO
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METROPOLITAN PLANNING ORGANIZATION
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MEMORANDUM OF UNDERSTANDING
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FOR
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COOPERATIVE, COMPREHENSIVE, AND CONTINUING
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TRANSPORTATION PLANNING
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Between
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THE GOVERNOR OF THE STATE OF NORTH CAROLINA,
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CITY OF DURHAM, TOWN OF CHAPEL HILL, TOWN OF CARRBORO
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TOWN OF HILLSBOROUGH, COUNTY OF DURHAM,
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COUNTY OF ORANGE, COUNTY OF CHATHAM, �RIANGLE TRANSIT AND_
Comment [BEi]: Added
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THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
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in cooperation with
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THE UNITED STATES DEPARTMENT OF TRANSPORTATION
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March 12, 20141
Comment [BE2]: Updated date.
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- - - - - -- - - -
-,
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WITNESSETH THAT
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11NHEREAS, Section 134(a) of Title 23 United States Codes statesa
Comment[BE3]:
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_ Reference U.S.0 first as it
establishes the basis for NIPOs
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Policy – It is in the national interest -
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(1) to encourage and promote the safe and efficient management, operation,
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and development of surface transportation systems that will serve the mobility
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needs of people and freight and foster economic growth and development
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within and between States and urbanized areas, while minimizing
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transportation- related fuel consumption and air pollution through metropolitan
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and statewide transportation planning processes identified in this chapter; and
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(2) to encourage the continued improvement and evolution of the metropolitan
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and statewide transportation planning processes by metropolitan planning
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organizations, State departments of transportation, and public transit operators
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as guided by the planning factors identified in subsection (h) and section 135(d).
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WHEREAS, Section 134(c) of Title 23 United States Codes states:
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General Requirements. -
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(1) Development of long -range plans and �ransportation Improvement Programs L/
comment[BE4]: Added. This isanon-
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(TIPs).— To accomplish the objectives in subsection (a), metropolitan planning
substantive change for clarification only
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organizations designated under subsection (d), in cooperation with the State and
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TAC 3/12/2014 Attachment 11A
public transportation operators, shall develop long -range transportation plans
and transportation improvement programs through a performance- driven,
outcome -based approach to planning for metropolitan areas of the State.
(2) Contents.— The plans and TIPS for each metropolitan area shall provide for
the development and integrated management and operation of transportation
systems and facilities (including accessible pedestrian walkways and bicycle
transportation facilities) that will function as an intermodal transportation
system for the metropolitan planning area and as an integral part of an
intermodal transportation system for the State and the United States.
(3) Process of development.— The process for developing the plans and TIPS
shall provide for consideration of all modes of transportation and shall be
continuing, cooperative, and comprehensive to the degree appropriate, based
on the complexity of the transportation problems to be addressed.
h VHEREAS, Chapter 136, Section 66.2(a) of the General Statutes of North Carolina
Each Metropolitan Planning Organization MPO), with cooperation of the Department of
Transportation, shall develop a comprehensive transportation plan in accordance with
23 U.S.C. Section 134. In addition, an MPO may include projects in its transportation
plan that are not included in a financially constrained plan or are anticipated to be
needed beyond the horizon year as required by 23 U.S.C. Section 134. For municipalities
located within an MPO, the development of a comprehensive transportation plan will
take place through the metropolitan planning organization. For purposes of
transportation planning and programming, the MPO shall represent the municipality's
interests to the Department of Transportation.
WHEREAS, Chapter 136, Section 66.2(b) of the General Statutes of North Carolina states:
After completion and analysis of the plan, the plan shall be adopted by both the
governing body of the municipality or MPO and the Department of Transportation as
the basis for future transportation improvements in and around the municipality or
within the MPO. The governing body of the municipality and the Department of
Transportation shall reach agreement as to which of the existing and proposed streets
and highways included in the adopted plan will be a part of the State highway system
and which streets will be a part of the municipal street system. As used in this Article,
the State highway system shall mean both the primary highway system of the State and
the secondary road system of the State within municipalities.
WHEREAS, Chapter 136, Section 66.2(d) of the General Statutes of North Carolina states:
For MPOs, either the MPO or the Department of Transportation may propose changes
in the plan at any time by giving notice to the other party, but no change shall be
effective until it is adopted by both the Department of Transportation and the MPO.
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Comment [BES]: Reference N C. General
Statutes second as it establishes a requirement for
MPOs
Comment[BE6]: Added. This isanon-
substantive change for clarification only
TAC 3112/2014 Attachment 11A
1 WHEREAS, a transportation planning process includes the operational procedures and working
2 arrangements by which short and long -range transportation plans are soundly conceived and
3 developed and continuously evaluated in a manner that will:
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5 1. Assist governing bodies and official agencies in determining courses of action and in
6 formulating attainable capital improvement programs in anticipation of community
7 needs; and,
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2. Guide private individuals and groups in planning their decisions which can be important
factors in the pattern of future development and redevelopment of the area;
A
WHEREAS, it is the desire of these agencies that a continuing, cooperative, and comprehensive
transportation planning process, be established for the )Durham- Chapel Hill - Carrboro
Metropolitan Planning Area in compliance with Title 23 U.S.C. Section 134 and any subsequent i Comment [BE7]: Changed from "Durham
amendments to that statute, and any implementing regulations; Itle 49 U.S.C. Chapter 53 and Urbanized Area" in response to xcDOT comment.
- --
any subsequent amendments to these statutes and any implementing - regulations; and khe Comment[BE8]: Changed reference from
Clean Air Act of 1970, as amended, [42 U.S.C. 7504 and 7506(c)] — Federal Transit Act of 1991 to the U S.C. related to
Metropolitan Planning and public transportation
Comment [BE9]: Added Clean Air Act —
WHEREAS, it is the desire of these parties that all prior Memoranda of Understanding between the references US C. requirements on conformity
parties be superseded and replaced by this Memorandum of Understanding.
NOW THEREFORE, the following Memorandum of Understanding is made:
Section I
It is hereby agreed that the City of Durham, Town of Chapel Hill, Town of Carrboro, Town of
Hillsborough, County of Durham, County of Orange, County of Chatham, �esearch Triangle
Regional Public Transportation Authority (d /b /a Triangle Transit), and the North Carolina
Department of Transportation in cooperation with the United States Department of
Transportation will participate in a continuing, cooperative, and comprehensive Itransportatior
planning process with responsibilities and undertakings as related in the following paragraphs:
1. The Durham - Chapel Hill - Carrboro MMetropolitan Planning Area will consist of the
Durham Urbanized Area las defined by the United States Department of Commerce,
Bureau of the Census, plus that area beyond the existing urbanized area boundary that
is expected to become urbanized or be affected by urban policies within a twenty -year
planning period. This area is hereinafter referred to as the Metropolitan Planning Area.
Comment [BE10]: Added Correcting an
inadvertent omission. Since all other references in
the MOU indicate that Triangle Transit is a party to
the agreement, this is a non - substantive change
Comment [BE11]: Added
Comment [BE12]: Metropolitan Planning Area —
not Metropolitan Area Boundary — is term used in
U.S C.
Comment [BE 13]: Changed from Durham -
Chapel Mll- Carrboro Urbanized Area. Census uses
"Durham Urbanized Area'
The Durham - Chapel Hill - Carrboro Metropolitan Planning Organization (DCHC MPO) shall
include the bolicyll awdsofgeneralpurposelocalgovernment —the Durham City comment [BE14]: Added Thisisanon-
Council, Chapel Hill Town Council, Carrboro Board of Aldermen, Hillsborough Board of substantive change for clarification only
Commissioners, Durham County Board of Commissioners, Orange County Board of
Commissioners, and Chatham County Board of Commissioners; the North Carolina
Department of Transportation; a pAPO Board �ereinafter defined, a IMPO Technical comment [BE15]: NewnameforTAC
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TAC 3/12/2014 Attachment 11A 7
Committees hereinafter defined, and the various agencies and units of local, �egionalj, � Comment [BE16]: New name for TCC
state, and federal government participating in the transportation planning for the area.� Comment[BEV]: Added regional. Couldrefer
to T1COG, Triangle Transit, etc.
3. The Metropolitan Planning Area boundary will be periodically reviewed and revised in
light of new developments, basic data projections for the current planning period, and
as may otherwise be required by federal and state laws.
4. The continuing transportation planning process will be a cooperative one reflective of
and responsive to the programs of the North Carolina Department of Transportation,
and to the comprehensive plans for growth and development of the Municipalities of
Durham, Chapel Hill, Carrboro, and Hillsborough; and the Counties of Durham, Orange,
and Chatham. Attention will be given to cooperative planning with (the neighboring
metropolitan and rural planning organizations_ comagent[BE1s]: Changerenced more PO). inclusive
language (previously only referenced CAMPO }.
5. The continuing transportation planning process will be in accordance with the intent,
procedures, and programs of Title VI of the Civil Rights Act of 1964, as amended.
6. �he continuing transportation planning process will be in accordance with the intent,
procedures, and programs of Clean Air Act of 1970, as amended.[ J Comment [BE19]: Added
7. Transportation policy decisions within the pApoj are the shared responsibility of the MPO / Comment[BE20]: Changed from "Planning
Board, the N.C. Board of Transportation, and participating local governments. I Area° in response toNCDOTcninnrent.
8. Transportation plans and programs, and land use policies and programs, for the
Planning Area, having regional impacts, will be coordinated with Triangle Transit` the
neighboring metropolitan and rural planning organizations,land Triangle J Council of / Comment[BE21]: Changed to more inclusive
Governments. language (previously only referenced CAMPO)
9. A MPO Board is hereby established with the responsibility for cooperative
transportation decision- making for the Durham - Chapel Hill - Carrboro Metropolitan
Planning Organization (DCHC MPO). The MPO Board shall have the responsibility for
keeping the policy boards informed of the status and requirements of the
transportation planning process; assisting in the dissemination and clarification of the
decisions, inclinations, and policies of the policy boards, and for providing opportunities
for citizen participation in the transportation planning process.
The MPO Board will be responsible for carrying out the provisions of 23 U.S.C. Section
134; �itle 49 U.S.C. Chapter 534 and_I42 U.S.C. 7504 and 7506(c)• including but not /' Comment[BE22]: Updated reference to public
limited to: — -� - --� -- transportation U.S.C.
Comment [BE23]: Added. References Clean Air
Act requirements.
a. Establishment of goals and objectives for the transportation planning process;
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TAC 3/12/2014 Attachment 11A
b. Review and approval of a Prospectus for transportation planning which defines
work tasks and responsibilities for the various agencies participating in the
transportation planning process;
c. Review and approval of the transportation Unified Planning Work Program;
d. Review and approval of changes to the National Highway System, Functional
FQ
Classification, and Metropolitan Planning Area boundary;
_ Comment [BE24]: Old 1110U includes °urban
for the DCHC MPO under the provisions of MAP -21 and any other subsequent
— P
area boundary". Urbanized area set by Census
Transportation Authorizations
e. Review and approval of the Comprehensive and Metropolitan Transportation
LSmoothed UZA no longer necessary.
— Comment [BE32]: Added
j. Review and approval of a policy for public involvement forth e DCHC MPO;
Plans. As specified in General Statutes Section 136- 66.2(a), the Comprehensive
k. Review and approval of an agreement between the MPO, the State, and public
Transportation Plan shall include the projects in the Metropolitan Transportation
transportation operators serving the Metropolitan Planning Area that defines
Plan and may include additional projects that - a - re not in cl_ude_d_ in_t h_e financially-
mutual responsibilities for carrying out the metropolitan planning process in
comment[BE25]: Changed from "as well as° in
accordance with 23 C.F.R. 450.314;
- –r
constrained plan or are anticipated to be needd beyond the horizon year as as
_,
response to NCDOT comment
required by 23 U.S.C. Section 134. As specified in General Statutes Section 136-
66.2(d) revisions to the Comprehensive Transportation Plan arelrequired to be
Comment [BE26]: Changed from "may Win
jointly approved by the North Carolina Department of Transportation and the
response to NCDOT comment.
MPO Board;
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Comment [BE27]: Updated to reflect current
names ofplans and legislation.
Review and approval of the Transportation Improvement Program and changes
to the Transportation Improvement Program. As specified in 23 U.S.C. Section
134(k), all federally funded projects carried out within the boundaries of a
metropolitan planning area serving a transportation management area
(excluding projects carried out on the National Highway System) shall be
selected for implementation from the approved TIP by the metropolitan
planning organization designated for the area in consultation with the State and
any affected public transportation operator;
g. Review and approval of planning procedures for air quality conformity and
review and approval of air quality conformity determination for projects,
programs, and plans;
Comment [BE26]: Added reference to specific
language for selection of TIP projects in
Transportation Management Areas.
Comment [BE29]: Added
h. Review and approval of a Congestion Management Process; Comment [BE30]: Added
i. Review and approval of the distribution and oversight of federal funds designated
for the DCHC MPO under the provisions of MAP -21 and any other subsequent
— P
Comment [BE31]: Changed from `Durham
Transportation Authorizations
Urbanized Area" m response to NCDOT comment
— Comment [BE32]: Added
j. Review and approval of a policy for public involvement forth e DCHC MPO;
/ Comment [BE33]: Added
k. Review and approval of an agreement between the MPO, the State, and public
transportation operators serving the Metropolitan Planning Area that defines
mutual responsibilities for carrying out the metropolitan planning process in
accordance with 23 C.F.R. 450.314;
= Comment [BE34]: Added
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TAC 3/12/2014 Attachment 11A 9
I. (Oversight of the Lead Planning Agency staff;l Comment [BE35]: Added
m. Revision in membership of the MPO Technical Committee hereinafter defined;
n. Development and approval of committee bylaws for the purpose of establishing
operating policies and procedures;
o. �eview and approval of cooperative agreements with other transportation
organizations, transportation providers, counties, and municipalities.L comment [BE36]: Added.
The membership of the MPO Board shall include:
a. Two members of the Durham City Council;
b. One member of the Chapel Hill Town Council;
c. One member of the Carrboro Board of Aldermen;
d. One member of the Hillsborough Board of Commissioners;
e. One member of the Durham County Board of Commissioners;
f. One member of the Orange County Board of Commissioners;
g. One member of the Chatham County Board of Commissioners;
h. One member of the North Carolina Board of Transportation;
L One member of the Triangle Transit Board of Trustees.
Municipal and county public transit providers shall be represented on the MPO Board
through their respective municipal and county local government board members. _ Comment[BE37]: Added to address NAP -21
—� / requirement that transit providers be voting members
of the MPO Board
It shall be the responsibility of each member jurisdiction to appoint a representative and
an alternate(s) to the MPO Board.
lin order for a quorum of the MPO Board to be established:
a. A simple majority of the voting members shall be present; and
b. The total number of weighted votes associated with the simple majority as
identified in the weighted voting schedule below shall represent a majority of
the total number of possible weighted votes.) Comment [BE38]: Changed from "A quorum of
the MPO Board shall consist of a majority of the
A majority vote shall be sufficient for approval of matters coming before the committee voting members whose votes together represent a
with the exception that a committee member may invoke the following weighted vote majority ofthe possible weighted votes identified to
the weighted vote schedule below " This is a non -
provisions on any matter: substantive change as the new language has the same
meaning as the original language
Government Body
Votes
City of Durham
16*
Town of Chapel Hill
6
Durham County
4
Orange County
4
Town of Carrboro
2
TAC 3/12/2014 Attachment 11A 10
I Chatham County 2
2 Town of Hillsborough 2
3 N.C. Board of Transportation 1
4 Triangle Transit 1
5 Total 38
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* 8 votes per rep
Representatives from each of the following bodies will serve as non - voting members of
the MPO Board:
a. � representative of the Federal Highway Administration;
b. A representative of the Federal Transit Administration; -
c. Other local, regional, state, or federal agencies impacting transportation in the
planning area at the invitation of the MPO Board.
The MPO Board will meet as often as it is deemed appropriate and advisable. On the
basis of a majority vote, the MPO Board may appoint members of the Board to act as
Chair and Vice -Chair with the responsibility for coordination of the Board's activities. A
member of the �ead Planning Agency staff�vill serve as Secretary to the Board and will
work cooperatively with the staff of other jurisdictions. _
10. A MPO Technical Committee shall be established with the responsibility of general
review, guidance and coordination of the transportation planning process for the
planning area and with the responsibility for making recommendations to the respective
local, state, and federal governmental agencies and the MPO Board regarding any
necessary actions relating to the continuing transportation planning process. The MPO
Technical Committee shall be responsible for development, review and
recommendations for approval and changes to the Prospectus, Unified Planning Work
Program, Transportation Improvement Program, National Highway System, Functional
Classification, Metropolitan Planning Area boundary, Metropolitan Transportation Plan,
and Comprehensive Transportation Plan, for planning citizen participation, and for
documenting reports of �arious transportation studies
Membership of the MPO Technical Committee shall include technical representatives
from local and state agencies directly related to and concerned with the transportation
planning process for the planning area. Representatives will be designated by the chief
executive officer of each represented agency. Departments or divisions within local and
state agencies that should be represented on the MPO Technical Committee include,
but are not limited to, those responsible for transportation planning, land use planning,
transportation operations, public works and construction, engineering, public
transportation, environmental conservation and planning, bicycle and pedestrian
Comment [BE39]: Proposed Weighted Voting is
based on the current MOU, but makes Durham
County and Orange County equivalent due to similar
populations and increases Chapel Hill due to
comparatively larger size In response to Carrboro's
comments, all local governments receive a minimum
of two votes. The number of weighted votes for all
jurisdictions were doubled from the draft MOU
Quorum is 6 members who represent 20 weighted
votes.
Comment [BE40]: Current MOU "A Division
Admi nistrator(s) of the Federal Highway
Administration and/or the Federal Transit
Administration, or their representahve(s} "
Comment [BE41]: Changed from City of
Durham Department of Transportation
Comment [BE42]: Changed from `the
transportation study" in response to Orange County
comment
planning, and economic development.) Initially, the membership shall include, but not Comment [BE43]: Added.
be limited to, the following:
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a. The City of Durham
b. The Town of Chapel Hill
c. The Town of Carrboro
d. The Town of Hillsborough
e. Durham County
f. Orange County
g. Chatham County
h. The N.C. Department of Transportation
L Triangle J Council of Governments
j. Duke University
k. N.C. Central University
I. The University of North Carolina
m. The Raleigh- Durham Airport Authority
n. Triangle Transit
o. The Research Triangle Park Foundation
p. �he N.C. Department of the Environment and
Natural Resources
TAC 3/12/2014 Attachment 11A 11
5 representatives
3 representatives
2 representatives
1 representative
3 representatives
Pi representatives / Comment [BE44]: Increased to 3 to be equal
1 representative with Durham County.
5 representatives
1 representative
1 representative
1 representative
1 representative
1 representative
1 representative
1 representative
1 representative
Comment [BE45]: Added due to a r quality and
Merger Process roles
�he City of Durham's membership shall not include members of the Lead Planning
Agency staff.___ _ � Comment [BE46]: Added
In addition to voting membership, the following agencies shall have non - voting
membership:
a. �he Federal Highway Administration
b. The Federal Transit Administration
c. �he U.S. Army Corps of Engineers
d. The U.S. Environmental Protection Agency
e. The U.S. Fish and Wildlife Service
f. The N.C. Department of Cultural Resources
g. The N.C. Department of Commerce
h. �he U.S. Department of Housing and Urban
Development(
i. �he N.C. Railroad Company
j. The N.C. Trucking Association
k, �he N.C. Motorcoach Association
I. egional Transportation Alliance
1 representative
1 representative[
/
Comment [BE47]: Current MOU says 2 from
1 representative
p
USDOT. Proposed MOU specifically requests one
from MWA and one from FTA.
1 representative
1 representative
1 representative
1 representative/
Comment [BE48]: Added — all have role in
1 representative
Merger Process
1 representative
1 representative
1 representativ
1 representative
The MPO Technical Committee shall meet when it is deemed appropriate and advisable.
On the basis of a majority vote, the MPO Technical Committee may appoint voting
members of the Committee to act as Chair and Vice -Chair with the responsibility for
coordination of the Committee's activities.
Comment [BE49]: Added due to Livability
Initiative
Comment [BE50]: Added to incorporate freight
interests.
Comment [BE51]: Added as a substitute for the
Greyhound membership currently in the TCC
bylaws. Represents private charter bus operators.
Comment [BE52]: Added to incorporate
economic development interests.
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TAC 3112/2014 Attachment 11A 12
11. The Durham City Council, Chapel Hill Town Council, Carrboro Board of Aldermen,
Hillsborough Board of Commissioners, Durham County Board of Commissioners, Orange
County Board of Commissioners, and Chatham County Board of Commissioners shall
serve as the primary means for citizen input to the continuing transportation planning
process. During the Metropolitan Transportation Plan reevaluation, citizen involvement
in the planning process shall be encouraged during re- analysis of goals and objectives
and plan formation. This citizen involvement will be obtained through broceduresl _ Comment [BE53]: Deleted "...goalsand
outlined in theIIVIPO's policy for public involvementL objectives surveys, neighborhood forums, and public
hearings in accordance with...
Comment [BE54]: Changed from "North
The MPO Board may also receive public input or hold public hearings as may also be Carolina Highway Action Plan"
required by federal or state law.
Section II
It is further agreed that the subscribing agencies will have the following responsibilities, these
responsibilities being those most logically assumed by the several agencies:
The municipalities and the counties will assist in the transportation planning process by
providing planning assistance, data, and inventories in accordance with the Prospectus.
The municipalities and the counties shall coordinate zoning and subdivision approval
within their respective jurisdictions in accordance with the adopted Metropolitan
Transportation Plan and the Comprehensive Transportation Plan.
Additionally, the City of Durham will serve as the Lead Planning Agency for the
transportation planning process in the Planning Area.
lfhe municipalities and the counties will participate in funding the portion of the costs of
Comment [BE55]: Condensed into one section.
Current MOU includes identical language for all
seven municipalities and counties.
the MPO's work program not covered by federal or state funding as reflected in the
annual Planning Work Program pproved by the MPO Board. The portion to be paid by comment[BE56]: Added in response to Chapel
each municipal and county member government will be based upon its pro rata share of Hill comment.
population within the MPO Planning Area, utilizing the most recent certified North
Carolina Office of State Planning municipal and county population estimates. In
addition, MPO members may also voluntarily contribute additional funds for other
purposes such as to participate in funding the costs of special studies, or other
specialized services as mutually agreed upon. l Comment [BE57]: Added Uses same language
------- -- - - - - -_ - -- as CAMPO
�unding provided by member agencies will be used to provide the required local match
to federal funds. Failure by member agencies to pay the approved share of costs would
impact the MPO's ability to match federal funds and could have the effect of
invalidating the MPO's Unified Planning Work Program and the annual MPO self -
certification, and could also result in the withholding of transportation project funds.
TAC 3/12/2014 Attachment 11A 13
I
Failure by member governments to pay the approved share of costs may also result in
2
the withholding of MPO services and funding.
Comment [BE58]: Added. This paragraph was
3
rewritten in response to NCDOT and Orange County
comment
4
The municipalities and the counties receiving federal transportation funding designated
5
for the Durham Urbanized Area as approved by the MPO Board through the Unified
6
Planning Work Program shall comply with adopted reporting and oversight procedures.
_
Comment[BE59]: Added
7
8
North Carolina Department of Transportation
9
10
The Department will assist in the transportation planning process by providing planning
11
assistance, data, and inventories in accordance with the Prospectus. Should any
12
authorized local government body choose to adopt or amend a transportation corridor
13
official map for a proposed public transportation corridor pursuant to N.C.G.S. § 136-
14
44.50, the Department may offer assistance by providing mapping, data, inventories, or
15
other Department resources that could aid the local government body in adopting or
16
amending a transportation corridor official map.L
— comment[BE6o]: changed
1 7
pom
Department, to the fullest extent possible ble and nd as
permitted by existing state and federal regulations,
18
Triangle Transit
will provide assistance in the protection ofnecessary
19
rights -of -way for those transportation facilities
designated in the adopted Metropolitan
20
Triangle Transit will assist in the transportation planning process by providing planning
Transportation Plan Comprehensive
in
Transportation Plan" n response to NCD07
21
assistance, data, and inventories in accordance with the Prospectus. Triangle Transit
comment.
22
may also voluntarily contribute additional funds for other purposes such as to
23
participate in funding the costs of special studies, or other specialized services as
24
mutually agreed upon.LTriangle Transit shall comply with adopted reporting and
Comment [BE61]: Added_ Uses same language
25
oversight procedures for the receipt of federal transportation funding designated for
as CAMPO
26
the Durham Urbanized Area as approved b the MPO Board through the Unified
PP y g
Commenthangea:Added anon -
sthat
substantive change as it clarifies that Tnangle
27
Planning Work Program.
Transit has the same option as the municipalities and
28
--
. counties to contribute funding (identical to the
sentence on page 9, lines 34 -37) The contribution is
29
E- Verify Compliance for All Parties to this Agreement
not required, it is optional.
30
\ Comment [BE63]: Added
31
Each of the parties covenants that if it enters into any subcontracts in order to perform
32
any of its obligations under this contract, it shall require that the contractors and their
33
subcontractors comply with the requirements of NC Gen. Stat. Article 2 of Chapter
34
64. In this E- Verify Compliance section, the words contractors, subcontractors, and
35
comply shall have the meanings intended by applicable provisions of NC Gen. Stat.
36
Chapters 153A and 160A.
- 'Comment[BE64]: Added in response to Ctty of
37
Durham comment
38
Section III
39
40 Parties to this Memorandum of Understanding may terminate their participation in the
41 continuing transportation planning process by giving ninety (90) days written notice to th_e__J % Comment[BE65]: Changed from "ihtrty(30)" in
response to Carrboro and City of Durham comment
42 other parties prior to the date of termination. If any party should terminate participation, this
43 Memorandum of Understanding shall remain in force and the Durham - Chapel Hill - Carrboro
44 Metropolitan Planning Organization shall continue to operate as long as 75% or more of the
10
1
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TAC 3/12/2014 Attachment 11A
population within the Metropolitan Planning Area is represented by the remaining members.
For the purpose of determining 75% representation, the populations within incorporated areas
are represented by the respective municipal governments and the populations within the
unincorporated areas are represented by the respective county governments.
Section IV
14
In witness whereof, the parties of this Memorandum of Understanding have been authorized
by appropriate and proper resolutions to sign the same, the City of Durham by its pvlanage4 the
Town of Chapel Hill by its Mayor, the Town of Carrboro by its Mayor, the Town of Hillsborough
by its Mayor, Durham County by its Chair, Orange County by its Chair, Chatham County by its
Chair, �riangle Transit by its Chair and the Secretary of Transportation on behalf of the
Governor of the State of North Carolina and the North Carolina Department of Transportation,
Comment[BE66]: Changed from Mayor. The
City has a routine re for Ve mentsingthe
Manager's signature for agreements
Comment [BE67]: Added in response to
NCDOT comment.
this the day of
kSeal)
(Seal)
(Seal)
(Seal)
(Seal)
Clerk
Clerk
Clerk
Clerk
City of Durham
By
Manager
Town of Chapel Hill
By
Mayor
Town of Carrboro
By
Mayor
Town of Hillsborough
By
11
Mayor
County of Durham
1
2
County of Orange
3
4
County of Chatham
5
Clerk
6
Triangle Transit
7
(Seal)
8
North Carolina Department of
9
Transportation
By
10
Secretary
11
12
Clerk
13
14
(Seal)
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16
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Clerk
20
21
22
(Seal)
23
24
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Clerk
28
29
(Seal)
30
31
32
33
34
35
36
By
Chair
County of Orange
By
Chair
County of Chatham
By
Chair
Triangle Transit
By
Chair
North Carolina Department of
Transportation
By
Secretary
12
TAC 3/1212014 Attachment 11A 15
Comment [BE68]: Signature lines will be on
L separate pages in the final MOU for easier execution
ATTACHMENT 3: EXISTING 1994 MOU 16
NORTH CAROLINA
DURHAM -- CHAPEL BILL- CARRBORO
METROPOLITAN PLANNING ORGANIZATION
MEMORANDUM OF UNDERSTANDING
for
CONTINUING, COOPERATIVE, AND COMPREHENSIVE
TRANSPORTATION PLANNING
between
THE GOVERNOR OF THE STATE OF NORTH CAROLINA,
CITY OF DURHAM, TOWN OF CHAPEL HILL, TOWN OF CARRBORO,
TOWN OF HILLSBOROUGH, COUNTY OF DURiiAM,
COUNTY OF ORANGE, COUNTY OF CHATHAM, AND
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
in cooperation with
THE UNITED STATES DEPARTMENT OF TRANSPORTATION.
September 10, 1993
WITNESSETH THAT
WHEREAS, Chapter 136, Article 3A, Section 136- 66.2(a) of the
General Statutes of North Carolina require that:
"'.Each municipality with the cooperation of the Department of
Transportation, shall develop a comprehensive plan for a
street system that will serve present and anticipated volumes
of vehicular- traffic in and around the municipality. The
plan shall be based on the best information available
including, but not limited to, population growth, economic
conditions and prospects, and patterns of land development in
and around the municipality and shall provide for the safe
and effective use of streets and highways through such means
as parking regulations, signal systems, and traffic signs,
markings, and other devices, The Department of Transportation
may provide financial and technical assistance in the
preparation of such plans. "; and,
ATTACHMENT 6
17
DCHC MOU
Page 2
WHEREAS, the said Chapter 136, Article 3A, Section 136- 66.2(b)
provides that:
"After completion and analysis of the plan, the plan may be
adopted by bath the governing body of the municipality and
the Department of Transportation as the basis for future
street and highway .impx-ovements in and around the
municipality. As a part of the plan, the governing body of
the municipality and the Department of Transportation shall
reach an agreement as to which of the existing and proposed
streets and highways included in the plan will be a part of
the State highway system and which streets will be part of
the Municipal street system. As used in this article, the
,State highway system shall mean both the primary highway
system of the State and the secondary road system of. the
State within municipalities. "; and,
WHEREAS, the said Chapter 136, Article 3A, Section 136.66.2(d)
provides that:
"Either the municipality or the Department of Transportation
may propose changes in the plan 'at any time by giving notice
to the other party, but no change shall be effective until it
is adopted by both the Department of Transportation and the
municipal governing board. "; and,
WHEREAS, Section 134(a) of Title 23 United States Code states:
"It is in the national interest to encourage and promote the
development of transportation systems, embracing various
modes of transportation in a manner which will efficiently
maximize mobility of people and goods within and through
urbanized areas and minimize transportation-related fuel
consumption and air pollution. To accomplish this objective,
metropolitan planning organizations, in cooperation with the
State, shall develop transportation plans and programs for
urbanized areas of the State. Such plans and programs shall
provide for the development of transportation facilities
(including pedestrian walkways and bicycle transportation
facilities) which will function as an inter -modal
transportation system for the State, the metropolitan areas,
and the Nation. The process for developing such plans and
programs shall provide for consideration of all modes of
transportation and shall be continuing, coopexatilre, and
comprehensive to the degree appropriate, based on the
complexity of the transportation problems. "; and,
ATTACHMENT 6
WE
DCHC MOU
Page 3
WHEREAS, a transportation planning process includes the operational
procedures and working arrangements by which short and long -range
transportation plans are soundly conceived and developed and
continuously evaluated in a manner that will:
1. Assist governing bodies and official agencies in determining
courses of action and in formulating attainable capital
improvement programs in anticipation of community needs; and,
2. Guide private individuals and groups in planning their
decisions which can be important factors in the pattern of
future development and redevelopment of the area; and;
WHEREAS, it is the desire of these agencies that a continuing,
cooperative; and comprehensive transportation planning process, be
established for the DURHAM - CHAPEL HILL-- CARRBORO Urban Area to
comply with Title 23 U.S.C. 134; and Sections 3(a) (2), 4(a),
5(g)(1), and 5(1) of the Federal Transit Act of 1991, and the
Yntermodal Surface Transportation Efficiency Act of 1991 149 U.S.C.
1602(a)(2), 1603(a), 1604(g)(1), and 1604(1)}. NOW THEREFORE the
following MEMORANDUM OF UNDERSTANDING is made:
Section I.
It is hereby agreed that the CITY OF DURHAM, TOWN OF CHAPEL HILL,
TOWN OF CARIZBQRO, TOWN OF HILLSBOROUGH, COUNTY OF DURHAM, COUNTY OF
ORANGE, COUNTY OF CHATHAM, AND THE NORTH CAROLINA DEPARTMENT QF
TRANSPORTATION in cooperation with the-UNITED STATES DEPARTMENT OF
TRANSPORTATION, - will participate in a .continuing transportation
planning process with responsibilities and undertakings as related
in the following paragraphs:
1. The Durham - Chapel Hill - Carrboro Planning Area (as defined by
the Metropolitan Area Boundary) will be the Durham- Chapel
Hill - - Carrboro Urbanized Area, as defined by the United States
Department of Commerce, Bureau of the Census, plus that area
beyond the existing urbanized area boundary that is expected
to become urbanized or be affected by urban policies within
a twenty year planning period.
2. The Durham - Chapel Hill - Carrboro Metropolitan Planning
Organization (DCHC MPO) for the Durham - Chapel Hill - Carrboro
Urban Area shall include the boards of general purpose local
government the Durham City Council, Chapel Hill Town
Council, Carrboro Board of Aldermen, Hillsborough Board of
Commissioners, Durham County Board of Commissioners, Orange
County Board of. Commissioners, and Chatham County Board of
Commissioners; the North Carolina Department of
Transportation; a Transportation Advisory committee
hereinafter defined; a Technical Coordinating Committee
ATTACHMENT 6
19
DCHC MOU
Page 4
hereinafter defined; and the various agencies and units of
local, State, and federal government participating in
transportation planning for the area.
3. The Metropolitan Area Boundary (MAB) will be .periodically
reviewed and revised in light of new developments, basic data
projections for the current planning period, and as may
otherwise be required by federal and State laws.
4. The continuing transportation planning process will be a
cooperative one and all planning discussions 'will be
reflective of and responsive to the programs of the North
Carolina Department of Transportation, and to the
comprehensive plans for growth and development of the
-Municipalities of Durham, Chapel Hill, Carrboro, and
Hillsborough; and the Counties of Durham, Orange, and
Chatham. Attention will be given to cooperative planning
with the Capital Area Metropolitan Planning Organization
(CAMPO)..
S. The continuing transportation- planning process will be in
accordance with the intent, procedures, and programs of 'Title
VI of the Civil Rights Act of 1964, as amended.
6. Transportation policy decisions within the Planning Area are
the shared responsibility of the Transportation Advisory
Committee, the N. C. Board of Transportation, and
participating local governments. -
7. Transportation plans and programs, and land use goIicies.and
programs, for the planning area, having regional impacts.,
will be coordinated with the Triangle Transit Authority
(TTA), the Capital Area Metropolitan Planning Organization
(CAMPO), and the Triangle J Council of Governments.
8. A TRANSPORTATION ADVISORY COMMITTEE -(TAC) 'is hereby
established with the responsibility for cooperative
transportation planning decision making for the Durham - Chapel
Hill -- Carrboro Metropolitan Planning organization (DCHC MPO) .
The Transportation Advisory Committee shall have the
responsibility for keeping the policy boards informed of the
status and requirements of the transportation planning
'process; assisting in the dissemination and clarification of
the decisions, inclinations, and policies of the policy
boards; and for providing opportunities .for citizen
participation in the transportation planning process.
The TRANSPORTATION ADVISORY COMMITTEE will be responsible for
carrying out the provisions of 23 U.S.C. 134; and Sections
5(1) and 8(a) and 8(c) of the Urban Mass Transportation Act
of 1964 as amended {49 U.S.C. 1604(1) and 1607(a) and
ATTACHMENT 6
20
DCHC MOU
Page 5
1607(c)}; including, but not limited to:
a. Establishment of goals and objectives for the
transportation planning process;
b. Review and approval of a Prospectus for transportation
planning which defines work tasks and responsibilities for
the various agencies participating in the transportation
planning process;
c. Review and recommendation of changes to the National
Highway_ System, Functional Classification, Urban Area
Boundary, and Metropolitan Area Boundary;
d. Review and approval of the transportation Unified
Planning Work Program (UPWP);
e. Review and approval of the comprehensive transportation
plan and any changes to the Plan. (The Thoroughfare Plan
is an element of the comprehensive transportation plan,
and as required by General Statutes' Section 136- 66.2(d)
revisions in the Thoroughfare Plan must be jointly
approved by the local governing boards and the North
Carolina Department of Transportation);
f. Review and approval of the Transportation Improvement
Program and changes to the Transportation .improvement
Prograxnfor multi -modal capital and operating expenditures
and to insure coordination between local and State capital
and operating improvement programs;
g. Revision in membership of the Technical Coordinating
Committee hereinafter defined; and
h. Development and approval of committee bylaws for the
purpose of establishing operating policies and procedures.
The membership of the TRANSPORTATION ADVISORY COMMITTEE
shall include:
a. Two.members of the Durham City Council;
b. One member of'the Chapel Hill Town Council.;
c. One member of the Carrboro Board of Aldermen;
d. One member of the Hillsborough Board of Commissioners;
e. one member of the Durham County Board. of Commissioners;
f. One member of the Orange County Board of Commissioners;
ATTACHMENT 6
21
DCHC MOU
Page 6
g. One member of the Chatham County Board of
Commissioners; and
h. one member of the North Carolina Beard of
Transportation.
It shall be the responsibility of each member jurisdiction to
appoint a representatives) and an alternate(s) to the
Transportation Advisory Committee.
A quorum of the Transportation Advisory Committee shall
consist of a majority of the voting members whose votes
together represent a majority of the total possible weighted
votes identified in the weighted vote schedule below. A
majority vote shall be sufficient for approval of matters
coming before the. committee with the exception that a
committee member may invoke the following weighted vote
provisions on any matter:
Governmental Bodv Votes
City of Durham
6*
Town of Chapel. Hill
2
Durham County
2
Town of Carrboro
1
Town of Hillsborough
1
Orange County
1
Chatham County
1
N. C. Board of Transportation.....1
_
Total
15
* Three (3) votes per representative
Representatives from each of the following bodies -Vill serve
as non -- voting members of the Transportation Advisory
Committee:
- A Division Administrator(s) of the Federal. Highway
Administration and/or the Federal Transit Administration,
or their representative(s);
- A member of the Triangle Transit Authority (TTA) Board of
Trustees; and
- Other local, regional, state, or federal agencies
impacting transportation in the planning area at the
invitation of the TAC.
ATTACHMENT 6
DCHC MOU
Page 7
The Transportation Advisory committee will meet as often as
it is deemed appropriate and advisable. On the basis of a
majority vote, the Transportation Advisory Committee may
appoint members of the Committee to act as chair and Vice -
Chair with the responsibility for coordination of the
Committee's activities. A member of the staff of the City of
Durham Department of Transportation will serve as secretary
to the Committee and will work cooperatively with the staff
of other jurisdictions.
9. A TECHNICAL COORDINATING COMMITTEE (TCC) shall be established
with the responsibility of general review, guidance, and
coordination of the transportation planning process for the
Planning Area and with the responsibility For making
recommendations to the respective local, State, and federal
governmental agencies and the Transportation Advisory
Committee regarding any necessary actions relating to the
continuing transportation planning process, The TCC shall be
responsible for development, review, and recommendation for
approval and changes to the Prospectus, Unified Planning Work
Program, Transportation Improvement Program, National Highway
System, Functional Classification, Urban Area Boundary, the
Metropolitan Area Boundary, and the Comprehensive
Transportation plan, for planning citizen participation, and
for documenting reports of the transportation study.
Membership of the Technical Coordinating Committee shall
include technical representatives from local and State
agencies directly related to and concerned with the
transportation planning'' -procre-ps for the Planning Area.
Representatives will be designated by the chief executive
officer of each represented agency. Initially, the
membership shall include, but not be limited to, the
following:
a. The City of Durham
b. The Town of Chapel'Hill
c. The Town of Carrboro
d. The Town of Hillsborough
e. Durham County
f. orange County
g. Chatham County
h. The N. C. Department
of Transportation
(5 representatives)
(3 representatives)
(2 representatives)
(1 representative)
(3 representatives)
(2 representatives)
(I representative)
(5 representatives)
22
ATTACHMENT 6
23
i. Triangle "J"" Council
of Governments
j. Duke University
k. N. C. Central University
1. The University of
North Carolina
m. The Raleigh- Durham
Airport Authority
n. The Triangle Transit
Authority
o. The Research Triangle
Park Foundation
DCHC MOU
Page 8
(1 representative)
(I representative)
(1 representative)
(1 representative)
(1 representative)
(1 representative)
(1 representative)
In addition to voting membership, the V. S. Department of
Transportation shall have two (2) non - voting representatives.
The Technical Coordinating Committee shall meet when it is
deemed appropriate and advisable. On the basis of majority
vote of its membership, the Technical Coordinating Committee
may appoint voting members of the Committee to act as Chair
and Vice -Chair with the responsibility for coordination of
the Committee's activities.
10. The Durham City Council, Chapel Hill Town Council, Carrboro
Board of Alderman, Hillsborough Board of Commissioners,
Durham County Board of Commissioners, Orange County Board of
Commissioners, and Chatham County Board of Commissioners
shall serve as the primary means for citizen input to the
continuing transportation planning process. Daring the
comprehensive transportation plan reevaluation, citizen
involvement in the planning process shall be encouraged
during re- analysis of goals and objectives and plan
formation. This citizen involvement will be obtained through
goals and objectives surveys, neighborhood forums, and public
hearings in accordance with procedures outlined in the "North
Carolina Highway Action Plan."
The Transportation Advisory Committee may also receive public
input or hold public hearings as may also be required by
federal or State law.
ATTACHMENT 6
24
DCHC MOU
Page 9
Section II.
it is further agreed that the subscribing agencies will have the
following responsibilities, these responsibilities being those most
logically assumed by the several agencies:
City of Durham
The Department of Transportation of the City of Durham will
serve as the LEAD PLANNING AGENCY for the transportation
planning process in the Planning Area and will assist in the
transportation planning process by providing planning
assistance, data, and inventories in accordance with the
Prospectus. Additionally, the City shall coordinate zoning and
subdivision approvals within its jurisdiction in accordance with
the adopted Comprehensive Transportation Plan and the mutually
adopted Thoroughfare Plan.
Town of Chapel Hill
The Town of Chapel Hill will assist in the transportation
planning process by providing planning assistance, data, and
inventories in accordance with the Prospectus. Additionally,
the Town shall, coordinate zoning and subdivision approval
within its jurisdiction in accordance with the adopted
Comprehensive Transportation Plan and the mutually adopted
Thoroughfare Plan.
Town -of Carrboro
The Town of Carrboro will assist in the transportation.planning
process by providing planning assistance, data, and inventories
in accordance with the Prospectus. Additionally, the Town
shall, coordinate' zoning and subdivision approval within its
jurisdiction in accordance with the adopted Comprehensive
Transportation Plan and the mutually adopted Thoroughfare Plan..
Town-of Hillsborough
The Town of Hillsborough will assist in the transportation
planning process by providing planning assistance, data, and
inventories in accordance with the Prospectus. Additionally,
the Town shall, coordinate zoning and subdivision approval
within its jurisdiction in accordance with the adopted
Comprehensive Transportation Plan and the mutually adopted
Thoroughfare Plan.
Durham County
Durham County will assist in the transportation planning process
by providing planning assistance, data, and inventories in
ATTACHMENT 6
25
DCFTC MOU
Page 10
accordance with the Prospectus. Additionally, Durham county
shall, coordinate zoning and subdivision approval within its
jurisdiction in accordance with the adopted Comprehensive
Transportation Plan and the mutually adopted Thoroughfare Plan.
Orange County
orange County will assist in the transportation planning process
by providing planning assistance, data, and inventories in
accordance with the Prospectus. Additionally, Orange County
shall, coordinate zoning and subdivision _approval within its
jurisdiction in accordance with the adopted Comprehensive
Transportation Plan and the mutually adopted Thoroughfare Plan.
Chatham County
Chatham County will assist in the transportation. planning
process by providing planning assistance, data, and inventories
in accordance with the Prospectus. Additionally, Chatham
County shall coordinate zoning and subdivision approval within
its jurisdiction in accordance with the adopted Comprehensive
Transportation Plan and the mutually adopted Transportation
Plan.
North Carolina Department of Transportation
The Department will assist in the transportation planning
process by providing planning assistance, data, and inventories
-„
in accordance with the Prospectus. The Department, to. the
fullest extent possible and as permitted by existing State and
federal regulations, will provide assistance in the protection
of necessary rights --of-way for those thoroughfares designated in
the adopted Comprehensive Transportation Plan and the mutually
adopted Thoroughfare Plan.
Section IIi.
Parties to this Memorandum of Understanding may terminate their
participation in the continuing transportation planning process by
giving 30 days written notice to the other parties prior to the
date of termination. If any party should terminate participation,
this Memorandum of Understanding shall remain in force and the
Durham - Chapel bill- Carrboro Metropolitan Planning organization
shall continue to operate as long as 750 or more of the population
within the Metropolitan Area Boundary is represented by the
remaining members. For the purpose of determining 75%
representation, the populations within incorporated areas are
represented by the respective municipal governments and the
populations within the unincorporated areas are represented by the
respective county governments.
ATTACHMENT 6
OR
Section IV.
DCHC MOU
Page 11
In witness whereof, the Secretary of Transportation, on behalf of
the Governor of the State of North Carolina has signed this
Memorandum of Agreement and the parties of this Memorandum of
Understanding have been authorized by appropriate and proper
resolutions 'to sign the same, the City of Durham by its City
Manager, the Town of Chapel Hill by its Mayor, the Town of Carrboro
by its Mayor, the -Town of Hillsborough by its Mayor, Durham County
by its Chair, orange County by its Chair, Chatham County by its
Chair, and the North Carolina-Department o,f,,..,Fransportation by the
Se retary of Transportation, this ! %% day of
19.
Policy of City of Durham. (a)
THE CITY OF DURHAM OPPOSES THE
PRACTICE OF APARTHEID IN THE REPUBLIC OF SOUTH AFRICA AND URGES
EACH OF ITS CONTRACTORS TO REFRAIN FROM INVESTING OR DOING BUSINESS
IN THE REPUBLIC OF SOUTH AFRICA.
(b) The City of Durham opposes
discrimination on the basis of
race and sex and urges all its
.contractors to provide a fair opportunity
for minorities and women
Ip ' cipate in their • work force ' and a "s subcontractors and..
G� �der City contracts.
. 4
t' r3t}
S ] ,•s
TOWN OF CHAPEL HILL
)tlerk
Mayor
( Seal) ��°`� Q� (,�r'f��r TOWN OF CARRBORO
�� �f�,y. ♦aeaw� -, � s� 2Q=Z��:v
riC ? By
c 4,lerl� ? M or
F� nfw aft..f �f� �; •.
'This Instrument has been pranvd!tod in the
manner rea6irpd by the Loczi Government
SudgetAd isoi Con?W4 Act.
(Seal.)
(Seas)
Cle
ATTACHMENT 6
27
DCHC MOU
Page 12
TOWN OF HILLSBOROUGH
Y
Clerk
(Seal)
Deputy Clerk
(Seal)
Clerk
COUNTY OF ORANGE
By l4 _ "
Chair
GOVERNOR OF THE STATE OF
NORTH CAROLINA AND THE
NORTH CAROLINA
:DEPAR ENT OF TRANSPORTATION
By
Se retary of Transportation
Approved for Execution for Michael Easley, Attorney General.
1 da 4By 7, qgt 4 0 � �w (k Assistant Attor ey Ga eral