By-Laws
of the
Transportation Planning Organization
ARTICLE I
NAME, AREA TO BE COVERED,
ESTABLISHMENT AND AUTHORIZATION
Section 1. The organization
shall be known as the “Morgantown-Monongalia County Transportation Planning
Organization” for the area designated by the
Section 2. These Bylaws, hereinafter referred to
as the “Articles” shall govern the establishment, powers, duties, purposes, and
membership of the Morgantown-Monongalia County Transportation Planning
Organization, hereinafter referred to as the “Organization”.
Section 3. The area to be included within the
jurisdiction of the Organization shall be the designated
Section 4. This Organization is organized to
fulfill the requirements governing urban transportation planning under Federal
Highway Administration title 23 CFR, Part 450, subpart C, and Federal
Transportation Administration program regulations title 49 CFR, part 613,
subpart A to implement 23 U.S.C. 134 and Section 8 of the Federal Transit
Act.
ARTICLE II
POWERS AND DUTIES
Section 1. Each urbanized
area, as a condition of the receipt of Federal capital or operating assistance,
must have a continuing, cooperative, and comprehensive transportation planning
process that results in plans and programs consistent with the planned
development of the urbanized area.
Section 2. The Organization
may make studies, maps, plans, and other reports relative to the region and
shall recommend procedures and policies to the appropriate authorities, based
on physical, social, economic, and governmental conditions and trends, to
promote the coordinated development of the regions transportation system and
the general health, welfare, convenience, and prosperity of the people of the
region. Such planning and coordination
may reflect the following planning criteria:
A. Federal, State, and local goals, objectives,
standards, and principles for the development of the region;
B. The distribution of population, location of community
centers, the protection of neighborhoods, the intensity of general land use and
the availability of green space;
C. The general circulation pattern for the region,
including land, water and air transportation, communication facilities, and
continuing comprehensive transportation planning;
D. The general location, character, and extent of public
schools, institutions, services and facilities, which are of area-wide or
regional, as distinguished from purely local, concern;
E. Transportation systems that promote the vitality of
existing neighborhoods, commercial districts, and community centers;
F. Transportation modalities that provide more effective
and appropriate means of transportation;
G. Long-range programming and financing of capital
projects and facilities as well as immediate needs and short-range projects;
Section 3. The
Organization shall:
A. Review plans and proposals for projects and programs
of regional significance which may be proposed by others;
B. Review and make recommendations concerning
administrative and regulatory measures to implement area-wide or regional
plans;
C. Review and make recommendations concerning effective
utilization of such federal and state assistance as may be available on a
regional basis or as may have a regional impact;
D. Collect, analyze, and report on statistics and other
information concerning traffic, housing, population, and social, economic, and
physical conditions of the region;
E. Conduct necessary investigations and research, and
cooperate with other public and private agencies or persons to conduct such
investigations or research on planning problems affecting the region;
F. Make recommendations to governmental bodies within
the region for such actions as are necessary and proper to further the
coordinated development of the regions transportation system; and
G. Exercise such other powers as are necessary and
proper to further the coordinated development of the regions transportation
system.
Section 4. Six
Federal and State principles which will inform the Organization’s
decision-making will be:
A. Emphasis on a holistic approach gives priority to
community livability when making tradeoffs among transportation choices,
economic forces, and community concerns;
B. Use of open and inclusive processes, providing an
opportunity for all parties and stakeholders to engage in the issues and
influence outcomes;
C. Flexibility and adaptability to respond to changing
conditions and unforeseen events;
D. Informed and transparent decision making in which
decisions are made openly and based on the best information and analysis
available;
E. Public education to support innovation,
consensus-building, and continuing investment;
F. The goal of a coordinated transportation system which
is safe, responsive, and sustainable for all citizens.
Section 5. Develop,
with the public, effective involvement processes custom tailored to local
conditions. Rather than establishing a set of uniform rules, the policies of
FHWA and FTA establish performance standards that include:
A. Early and continuous involvement;
B. Reasonable public availability of technical and other
information;
C. Collaborative input on alternatives, evaluation
criteria, and mitigation needs;
D. Open public meetings where matters related to
transportation policies, programs, and projects are being considered; and
E. Open access to the decision-making process prior to
closure.
ARTICLE III
MEMBERSHIP
AND REPRESENTATION
Section 1. Voting members of the Organization
shall be primarily elected officials and those representatives required by law
representing
Organization
member representation shall be as follows:
A. Three county commissioners representing
B. Three elected officials representing the City of
C. One elected official representing the City of
D. One elected official representing the Town of Star
City
E. One elected official representing the Town of
F. One elected official representing the Town of
G. One elected representative of the Monongalia County
Board of Education.
H. One appointed official of the Mountain Line Transit
Authority.
I.
One
representative of the West Virginia Department of Transportation.
Failure for
representatives to attend three monthly meetings in a row or to not accept to
participate will subject the governmental agency to removal from the
Organization.
Section 2. Representative
public official appointments shall be made within thirty (30) days after
official notice has been received of the final approval of the City of
Section 3. Members serving by virtue of their
being elected to public office shall serve the Organization for the term of
their elected office. When the elected
official’s term of office expires, the vacancy shall be filled by the next duly
elected official appointed by that governing body.
Section 4. A
voting member of the Organization, except Monongalia County Commissioners, may
withdraw from membership in the Organization by giving written notice of such
withdrawal that includes the reasons and effective date of withdrawal. If the member withdrawing is a representative
of an agency established as having a representative on the Organization, a new
representative must be appointed by the agency.
ARTICLE IV
ORGANIZATION
– OFFICERS
Section 1. An
organizational meeting for the Organization shall be held within thirty (30)
days of the adoption of the Resolution by the participating government
agencies.
Section 2. The Organization shall elect from among
its members a Chairperson, a Vice-Chairperson, and a Secretary-Treasurer. The Vice-Chairperson shall have the authority
to act as Chairperson of the Organization during the absence or disability of
the Chairperson. If the Chairperson resigns, the Vice-Chairperson shall perform
the duties of the Chairperson until a new Chairperson is elected.
Section 3. The Chairperson shall preside at all
meetings and public hearings of the Organization and, in general, act as
spokesperson for, and provide general leadership for the Organization.
Section 4. The Secretary-Treasurer shall supervise
the keeping of the minutes and records of the Organization, establish and
maintain the Organization’s books of account and shall have custody of all
funds coming into the possession of the Organization and deposit the same in
the name of the Organization in such depository as the Organization may
select. The Secretary-Treasurer shall be
authorized to dispense funds when authorized by the Organization and all checks
shall be executed by two of the following three people: the Director, the Secretary-Treasurer
and the Chairperson. Regular
bills may be paid without formal approval by the MMCTPO
Board.
Section 5. At the first regular meeting of each calendar
fiscal year, the Organization shall
elect new officers. The officers may
succeed themselves. Nominations for officers
shall be made by a nominating committee consisting of three members appointed
by the Chairperson two months prior to each organizational meeting. A list of the nominees shall be presented to
the Organization thirty (30) days prior to the first regular meeting each
calendar year.
Section 6. The Nominee for each office receiving a
majority vote of the membership present shall be declared elected and serve for
one year term of office. Vacancies in
offices shall be filled as soon as possible after such a vacancy occurs by
majority vote of the Organization members present at the succeeding regular or
special meeting.
Section 7. Interim
sStaff and resource responsibilities
will be shared between the City of until funding allows
the Organization to hire a Director, who will act as the Executive-Secretary at
Organization meetingsincluding the position
of Director, and support staff for the
Organization. The Organization may
employ or contract with engineers, planners, consultants, and others necessary
to complete the Organizations goals.
ARTICLE V
MEETINGS
AND VOTING
Section 1. Regular meetings
of the Organization shall be held at least quarterly at a time and place to be
designated by the Chairperson.
Section 2. A quorum shall
consist of sixty (60%) percent of those members. Voting by proxy shall not be
permitted except by telephone.
Section 3. Special meetings
shall be at the call of the Chairperson. Proper notification shall constitute
written notices mailed seven (7) days before regular meetings and twenty-four
(24) hours verbal notice before special meetings.
Section 4. Meetings shall
be conducted in accordance with Roberts’ Rules of Order.
Section 5. Voting on all
policy matters and recommendations to the WV Department of Transportation shall
require a majority vote of members present.
Voting on administrative or procedural matters shall be by majority vote
of members present.
Section 6. As a publicly
funded entity, all meetings of the Organization and its committees shall be
subject to compliance with the Open Government Proceeding Act as cited in
Article 6-9A-1-12 of the West Virginia Code. Subject to rules promulgated by
the organization, public comment shall be permitted at all meetings of the
organization.
ARTICLE VI
FINANCIAL
OBLIGATIONS
Section 1. The cost of
maintaining the Organization shall be assumed by the participating member
government units that have a population of over 5,000 people according to the
latest U.S. Census. There will be no
financial obligation requested of the Monongalia Board of Education or Mountain
Line Transit Authority for its membership in the Organization.
Section 2. The fiscal year of the Organization
begins on July 1 of each year and ends on June 30 of
each year.
Section 3. The Organization is authorized to
receive and expend any funds, personnel, or other assistance made available by
Federal or State governments, or any of their agencies or from individuals or
foundations; and may enter into agreements or contracts for the purposes of
receiving and using Federal or State grants.
Section 4. At the close of
each fiscal year, the Organization shall arrange for an audit of its financial
affairs, and within sixty (60) days after the end of such fiscal year shall
furnish an itemized account of its receipts and disbursements to the governing
bodies of all member government units.
Section 5. Quarterly financial reports shall be
provided by the Organization to the governing bodies of all member government
units.
ARTICLE VII
COMMITTEES
Section 1. The
Organization may designate certain Advisory Committees which shall be
classified as Advisory Committees for the purpose of assisting the Organization
in all phases of its operation. The
chairpersons of these committees shall be selected by the Organization. The
Organization shall appoint members and a chairperson of a committee may appoint
additional members. The chairperson of each committee shall attend meetings of
the Organization. Chairperson positions shall be reviewed annually.
Section 2. The Budget and Finance Advisory
Committee shall be a Standing Committee with the Secretary-Treasurer as
Chairperson and three other members who are involved in or have knowledge of
the distribution and budgeting of public funds. This committee shall be
responsible for preparing a suggested annual budget to the Organization and for
suggested allocation of cost to the member units. All matters of financing will be subject to
review and comment by this Standing Committee.
Section 3. The Technical Advisory Committee (TAC) shall
be a Standing Committee with the Chairperson appointed by the Organization
Chairperson from among Organization voting members. This Committee shall be used for technical
advice in the development of the Organization’s goals and activities.
Individuals appointed to the Technical Transportation Coordinating Advisory
Committee by the Organization Chairperson, with approval of the Organization,
will be selected according to their technical expertise relating to the Organization’s
activities. In addition to
appointments, each of the following agencies may be represented on this
Committee:
A. City Planning Department
B. County Planning Department
C. West Virginia Department of Highways
D. Federal Highways Administration
E. Public Transit Authority
F.
Section 4. The Citizen’s Advisory Committee (CAC) shall
be a Standing Committee with the Chairperson appointed by the Organization
Chairperson, with the approval of the Organization. A single individual representing the
following interests can be appointed to the Committee by the Chairperson
A.
B. West Virginia Department of Transportation
C.
D.
E. The Director of the
F. The Executive Director of the
G. The
H. The Federal Aviation Administration
I.
The West
Virginia Governor’s Office
J.
Resident
Associations
K. Local Commercial Associations
L.
Emergency
Service Organizations
ARTICLE VIII
AMENDMENTS
Section 1. These By-Laws may be amended by a
two-thirds (2/3) vote of the Organization members present at any legally
constituted meeting provided that such proposed amendments be stated in writing
and mailed to the membership ten (10) days prior to such meeting.
ARTICLE IX
TERMINIATION, DISPOSAL OF PROPERTY, AND WITHDRAWAL
Section 1. Termination of the Organization shall
be by a vote of two-thirds (2/3) of the voting members, or if the Organization
should cease to exist for any other reason, then all of the assets of the
Organization shall be converted into cash, all liabilities of the Organization
satisfied, and any remaining assets disbursed to the City of Morgantown and the
Monongalia County Commission in the same proportion that the annual
contributions were made to the Organization.
ARTICLE X
EFFECTIVE
DATE
Section 1. These by-laws shall become effective
and in full force upon the adoption as a binging agreement among and between
all of the parties hereto, when it has been executed by said parties and when
it has been approved by the Governor of West Virginia.