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047-03 BOARD OF SUPERVISORS RESOLUTION ADOPTING THE MEMORANDUM OF UNDERSTANDING FOR THE WINCHESTER-FREDERICK COUNTY METROPOLITAN PLANNING ORGANIZATION WHEREAS, the City of Winchester, the Town of Stephens City, and the County of Frederick desire to enter into an agreement with the Commonwealth ofVirginja in the formation of a Metropolitan Planning Organization (MPO) to facilitate the identification and prioritization of transportation needs; and WHEREAS, the MPO is to be designated the Winchester-Frederick County MPO; and WHEREAS, the MPO has designated the Northern Shenandoah Valley Regional Commission as staff for the MPO; and WHEREAS, the MPO has adopted a Memorandum of Understanding and asked the member localities to do likewise. NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding for the Winchester-Frederick County Metropolitan Planning Organization is hereby adopted. Adopted by the Frederick County Board of Supervisors on thelOth day of March, 2003, by the following recorded vote: Richard C. Shickle W. Harrington Smith, Jr. Robert M. Sager Gina A. Forrester Lynda 1. Tyler Sidney A. Reyes Margaret B. Douglas A COPY TESTE: John R. Riley, Jr., Clerk Board of Supervisors Resolution No.: 047-03 PULLED FROM THE 03/10/03 AGENDA DUE TO LAST MINUTE CHANGES FAXED IN BY THE PLANNING DISTRICT COMMISSION OFFICE THE DAY OF THE MEETING. MEMORANDUM OF UNDERSTANDING Continuing, Cooperative, And Comprehensive Transportation Planning And Programming Process For The City Of Winchester-Frederick County Urbanized Area THIS AGREEMENT, made and entered into as of this _ day of , 2003, by and between the Commonwealth of Virginia - Secretary of Transportation, hereinafter referred to as the "STATE"; the City of Winchester, acting as a local unit of government, hereinafter referred to as the "CITY"; the County of Frederick, acting as a local unit of government, hereinafter referred to as the "COUNTY"; the Town of Stephens City, acting as a local unit of government, hereinafter referred to as the "TOWN"; the Northern Shenandoah Valley Regional Commission, acting as a regional government body serving the City of Winchester and the Counties of Clarke, Frederick, Page, Shenandoah, and Warren, hereinafter referred to as the "COMMISSION"; and the Win-Fred Metropolitan Planning Organization, hereinafter referred to as the "MPO"; for the purpose of identifying the roles and responsibilities of the Continuing, Cooperative, and Comprehensive Transportation Planning and Programming Process in the City of Winchester-Frederick County Urbanized Area of Virginia. The STATE, the CITY, the COUNTY, the TOWN, and the COMMISSION shall participate in a Continuing, Cooperative, and Comprehensive transportation planning and programming process, hereinafter referred to as the '3-C' process, as defined in Section 134 of Title 23, United States Code; Sections 5309, 5309(h), and 5303 of Federal Transit Laws (49 USC Chapter 53); 23 CFR, Subchapter E, Parts 420 and 450; 49 CFR, Chapter VI, Part 613; and in accordance with the constitution and statutes of the Commonwealth of Virginia to form the Metropolitan Planning Organization, hereinafter referred to as the MPO. All activities in the process shall be the responsibility of the MPO, a policy making body acting at the designation of and on behalf of the Governor of the Commonwealth of Virginia, in cooperation with the CITY, the COUNTY, the TOWN, the COMMISSION, and the STATE. The STATE shall coordinate its responsibilities for transportation planning, programming and implementation within the study area (as defined in ARTICLE I herein) with those of the MPO as a function of its voting representation of the MPO and its involvement in the technical staff activities in cooperation with the MPO, the CITY, the COUNTY, the TOWN, and the COMMISSION. NOW, THEREFORE, the CITY, the COUNTY, the TOWN, the COMMISSION, the MPO, and the STATE, agree as follows: ARTICLE I - GEOGRAPHIC SCOPE OF THE PROCESS The transportation planning process shall, as a minimum, cover the entire urbanized area as designated by the U.S. Bureau of the Census, and the contiguous geographic area likely to be urbanized within the minimum twenty year forecast period covered by the long-range element of the current transportation plan described herein. The area shall hereinafter be called the "METROPOLITAN AREA". The METROPOLITAN AREA shall include the City of Winchester, and the urbanized portions of the County of Frederick. The boundaries may be adjusted by agreement between the MPO and the STATE. If said new boundary extends into a jurisdiction not included in the METROPOLITAN AREA, the jurisdiction shall automatically be eligible to be a member of the MPO. ARTICLE II - TIME FRAME OF THE PROCESS The continuing, cooperative, and comprehensive transportation planning and programming process shall be established on a continuing basis, effective the date of the execution of this AGREEMENT by all participants. The AGREEMENT shall terminate when: 1. Section 134, Title 23 U.S. Code, or Sections 5309, 5309(h), and 5303 of the Federal Transit Act (49 USC Chapter 53, Federal Transit Laws), as amended, previously cited herein, are repealed or amended by the Congress of the United States to no longer require the continuing, cooperative, and comprehensive transportation planning and programming process, or 2. The CITY, the COUNTY, the TOWN, the COMMISSION, or the STATE withdraw from the continuing, cooperative, and comprehensive transportation planning and programming process with not less than ninety (90) days written notice to the other parties, or 3. The redesignation of the MPO by the local jurisdictions and the Governor of the Commonwealth of Virginia. ARTICLE III - FINANCING THE PROCESS The responsibilities and work activities performed by the MPO shall be supported by planning funds authorized by Section 104 (f) of Title 23, United States Code (PL funds), by Title 49, United States Code (Chapter 53) and by Section 13 Funds provided by the Federal Aviation Administration under the Airport and Airway Development Act of 1970. PL Funds and Transit Funds (Section 5303) shall be allocated in accordance with the direction of the MPO. The use of PL Funds and Transit Funds and other funding sources shall continue as additional monies are appropriated. Should all such funds be discontinued, this AGREEMENT shall be terminated. ARTICLE IV - AMENDMENTS Amendments to this AGREEMENT may be made by written agreement among all parties to this AGREEMENT. ARTICLE V - METROPOLITAN PLANNING ORGANIZATION The MPO Policy Board shall be composed of the following voting representatives, or their alternates, designated by and representing their respective jurisdictions or agencies. 1. City of Winchester -- 3 representatives 2. Frederick County -- 3 representatives 3. Town of Stephens City --1 representative 4. A STATE representative designated by and empowered to participate on behalf of the Secretary of Transportation. There shall also be one nonvoting representative designated by and representing each of the following agencies. 1. Local transit representative 2. Federal Highway Administration 3. Federal Transit Administration 4. Federal Aviation Administration 5. Virginia Department of Transportation 6. Virginia Department of Rail and Public Transportation 7. Virginia Department of Aviation 8. Any other agencies as may be agreed upon by a majority of all voting representatives of the MPO. The MPO shall elect a chairman and other officers as deemed appropriate. The MPO shall establish rules of order. The MPO constituted herein shall remain in effect until such time the local jurisdictions and the Governor of the Commonwealth of Virginia designate another MPO or until the MPO is terminated in accordance with the provisions of this AGREEMENT. ARTICLE VI- TITLE VI All applicable federal and/or state regulations pertaining to Title VI of the 1964 Civil Rights Act or environmental justice, shall be adhered to. ARTICLE VII- AIR QUALITY All applicable federal and/or state regulations pertaining to air quality shall be adhered to. IN WITNESS WHEREOF, all concerned parties have executed this AGREEMENT on the day and year first written above. ATTESTED: COMMONWEALTH OF VIRGINIA By: ATTESTED: CITY OF WINCHESTER By: ATTESTED: COUNTY OF FREDERICK By: ATTESTED: TOWN OF STEPHENS CITY By: ATTESTED: NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION By: ATTESTED: CITY OF WINCHESTER-FREDERICK COUNTY MPO By: Review by Commonwealth of Virginia Attorney General's Office Date: