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372 <br /> <br />WITNESSETH <br /> <br /> THAT WHEREAS, Chapter 136, Article 3A, Section 136-66.2(a) of the <br />General Statutes of North Carolina require that: <br /> <br /> "Each municipality with the cooperation of the Department <br />of Transportation, shall develop a comprehensive plan for a street <br />system that will serve present and anticipated volumes of vehicular <br />traffic in and around the municipality. The plan shall be based on <br />the best information available including, but not limited to, <br />population growth, economic conditions and prospects, and patterns <br />of land development in and around the municipality and shall provide <br />for the safe and effective use of streets and highways through such <br />means as parking regulations, signal systems, and traffic signs, <br />markings, and other devices. The Department of Transportation may <br />provide financial and technical assistance in the preparation of <br />such plans."; and, <br /> <br /> WHEREAS, the said Chapter 136, Article 3A, Section 136-66.2(b) provides <br />that: <br /> <br /> "After completion and analysis of the plan, the plan may be <br />adopted by both the governing body of the municipality and the <br />Department of Transportation as the basis for future street and <br />highway improvements in and around the municipality. As a part of <br />the plan, the governing body of the municipality and the <br />Department of Transportation shall reach an agreement as to which <br />of the existing and proposed streets and highways included in the <br />plan will be a part of the State highway system and which streets <br />will be part of the Municipal street system. As used in this <br />article, the State highway system shall mean both the primary <br />highway system of the State and the secondary road system of <br />the State within municipalities."; and, <br /> <br /> WHEREAS, the said Chapter 136, Article 3A, Section 136.66.2 (d) <br />provides that: <br /> <br /> "Either the municipality or the Department of Transportation <br />may propose changes in the plan at any time by giving notice to the <br />other party, but no change shall be effective until it is adopted by <br />both the Department of Transportation and the municipal governing <br />board."; and, <br /> <br />WHEREAS, Section 134 (a) of Title 23 United States Code states: <br /> <br /> "It is declared to be in the national interest to encourage and <br />promote the development of transportation systems, embracing various <br />modes of transportation in a manner that will serve the States and <br />local communities efficiently and effectively. To accomplish this <br />objective the Secretary shall cooperate with the State and local <br />officials in the development of transportation plans and programs <br />which are formulated on the basis of transportation needs with due <br />consideration to comprehensive long-range land use plans, development <br />objectives, and overall social, economic, environmental, system <br />performance, and energy conservation goals and objectives, and with <br />due consideration to their probable effect on the future development <br />of urban areas of more than fifty thousand population. The planning <br />process shall include an analysis of alternative transportation <br />system managment and investment strategies to make more efficient <br />use of existing transportation facilities. The process shall consider <br />all modes of transportation and shall be continuing, cooperative, and <br />comprehensive to the degree appropriate based on the complexity of <br />the transportation problems. After July 1, 1965, the Secretary shall <br />not approve under section 105 of this title any program for projects <br />in any urban area of more than fifty thousand population unless he <br />finds that such projects are based on a continuing comprehensive <br />transportation planning process carried on cooperatively by States <br />and local communities in conformance with the objectives stated in <br /> <br /> <br />