Lawrence-Douglas County Metropolitan Planning Organization
REDESIGNATION AGREEMENT
FOR COOPERATIVE
TRANSPORTATION PLANNING
This Lawrence-Douglas County Metropolitan Planning
Organization Redesignation Agreement for Cooperative Transportation Planning
(this Agreement) is entered into by and among the Kansas Department of
Transportation, the City of
WHEREAS, federal law requires a continuous, comprehensive
and cooperative transportation planning process to be undertaken in urbanized
areas with populations greater than fifty-thousand persons; and
WHEREAS,
the Lawrence-Douglas County Metropolitan
Planning Commission (L-DC PC) was directed in 1982 to prepare a
comprehensive transportation plan and to carry out a continuous and
comprehensive transportation planning process in cooperation with the State
Highway Commission of Kansas; and
WHEREAS, in 1982 the Governor of Kansas designated the
L-DC_PC as the Metropolitan Planning Organization (MPO) for the
WHEREAS, the 1982 agreement between the L-DC_PC and the
KDOT designated the transportation planning area to include Douglas County,
including all legally authorized cities in Douglas County as outlined by the
Lawrence-Douglas County urbanized Area; and
WHEREAS, the 2002 Metropolitan Planning
Area Boundary (MPAB) is modified to extend the boundary to encompass all of
WHEREAS, federal law, 23 C.F.R. 450.306, directs that, to
the extent possible, MPOs be established under specific or enabling state
legislation, and the Kansas Interlocal Cooperation Act, K.S.A. 12-2901, et seq., enables local governmental
units and state agencies to enter into cooperative agreements on a basis of
mutual advantage; and
WHEREAS,
NOW THEREFORE BE IT MUTUALLY
AGREED:
2. This Agreement shall remain in
effect as long as federal law requires the designation of MPOs to carry out
metropolitan transportation planning activities under 23 U.S.C. § 134, or until
superseded by a new redesignation agreement, or upon revocation by the parties
in accordance with the method described in 23 C.F.R. 450.310, or as otherwise
provided by law.
3. The L-DC MPO Transportation Policy
Board shall be a separate legal entity, with the power to sue or be sued, to
enter into contracts, to hold title to real and personal property, to have and
use a corporate seal, and to do all other acts reasonably necessary to carry
out the purposes of this Agreement.
4. The members of the L-DC MPO Transportation Policy Board,
to serve as the forum for cooperative decision-making, shall include:
MPO COMPISTION TO BE DETERMINED
Membership
on the L-DC MPO Transportation Policy Board shall terminate upon a member
leaving the office qualifying the person for membership. The original appointing body or person shall
fill membership vacancies
5.
The
purpose of this Agreement is for cooperative decision-making regarding
transportation planning for the MPAB in accordance with 23 U.S.C. § 134.
6.
The
manner of financing for the activities authorized under this Agreement is
through the reimbursement by KDOT of Federal planning funds for up to a maximum
of eighty per cent (80%) of authorized Unified Planning Work Program
expenditures, with the balance (the nonfederal share) to be provided for by separate
fiscal agreement of the City of Lawrence, as well as contributions by other
entities that may agree to participate in funding of these activities.
7.
The
L-DC MPO Transportation Policy Board shall be responsible for preparation of an
annual budget, based on the financing provided in the prior paragraph, and any
change regarding the budget or expenditure of L-DC MPO Transportation Policy
Board funds shall be approved by the Board.
8.
The
membership of the Transportation Policy Board and any of its sub-committees
will be reviewed following the adoption of any new federal transportation
legislation and following any changes to the MPAB.
9.
The
staff services of L-DC MPO, as provided for in the approved annual Unified
Planning Work Program, shall be performed by the Lawrence-Douglas County
Metropolitan Planning Office under the direction of the Transportation Policy
Board through the Planning Director.
10. The Finance Director of the City of
11. L-DC MPO Transportation Policy
Board shall develop and approve all bylaws governing L-DC MPO operations to
carry out the transportation planning requirements.
12. L-DC MPO Transportation Policy
Board shall enter into such agreements with any entities as are necessary to
carry out required transportation planning processes, subject to its approved
budget and available funding.
13. It is further understood that this
Agreement and all contracts entered into under the provisions of this Agreement
shall be binding upon the Secretary of Transportation, the City of
14. This Agreement is intended to
create no substantive rights or responsibilities for anyone, whether or not a
party to this Agreement, over and above those created and conferred by federal
or state law.
15. The L-DC MPO Transportation Policy
Board shall serve as the designated MPO under this Agreement until such time as
a new MPO is formally redesignated or this designation is formally revoked in
accordance with the method described in 23 C.F.R. 450.310, or as otherwise
provided by law.
16. Upon any future redesignation, any
property owned by the old MPO shall be transferred to the new MPO. Upon revocation, any property owned by the MPO
will be disposed of in accordance with federal law when applicable or as
otherwise agreed to by the parties to this Agreement.
17. Upon this Agreement taking effect,
the 1982 designation of the L-DC Metropolitan Planning Commission as the MPO is
revoked.
18. The parties shall execute this Agreement and
submit it to the Attorney General of the State of
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intentionally left blank.)
IN WITNESS WHEREOF, the City,
County, and KDOT have caused this Agreement to be signed, on this and following
pages, their duly authorized officers.
APPROVED
THIS ________ DAY OF ____________ 2008, BY THE KANSAS DEPARTMENT OF
TRANSPORTATION
_______________________
Debra
L. Miller
Secretary of Transportation
Kansas Department of Transportation
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APPROVED THIS _________ DAY OF
____________ 2008, BY THE GOVERNING BODY OF THE CITY OF
_____________________
Sue
Hack
Mayor
City of
APPROVED
AS TO FORM: ATTEST:
_____________________ ______________________
Toni Wheeler Frank Reeb
City Attorney City
Clerk
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APPROVED THIS _________ DAY OF
____________ 2008, BY THE BOARD OF
_____________________
Bob. Johnson, Chairman
2nd District
APPROVED
AS TO FORM: ATTEST:
_____________________ ______________________
Evan Ice Jamie Shaw
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APPROVED
PURSUANT TO K.S.A. 12-2904
OFFICE OF THE ATTORNEY GENERAL OF
THE STATE OF
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