HomeMy WebLinkAbout1993-062-05/04/1993-ARTICLES OF ASSOCIATION ISTEA MPO NFRTAQPC NORTH FRONT RANGE PLANNING COUNCIL TRANSPORTATION AND AIR RESOLUTION 93-62
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ENDORSING THE PROPOSED AMENDMENTS TO THE ARTICLES
OF ASSOCIATION OF THE NORTH FRONT RANGE TRANSPORTATION
AND AIR QUALITY PLANNING COUNCIL AND PROVIDING DIRECTION
TO THE MAYOR PRO TEM TO VOTE IN FAVOR OF THE AMENDMENTS
WHEREAS, the Intermodal Surface Transportation and Efficiency Act ("ISTEA")
of the Congress of the United States requires a cooperative regional
transportation planning process to determine regional transportation priorities;
and
WHEREAS, the North Front Range Transportation and Air Quality Planning
Council ("the Planning Council ") has in the past served as the Metropolitan
Planning Organization for purposes of the ISTEA and is the responsible agency to
ensure the regional transportation planning effort; and
WHEREAS, because of legislative changes brought about because of the ISTEA,
there has been identified a need for broader representation of governmental
agencies in the region in participating in the activities of the Planning
Council ; and
WHEREAS, the Planning Council has developed some proposed amendments to its
Articles of Association which will provide an opportunity for additional
governmental agencies to have a voice in the regional transportation planning
process and the deliberations of the Planning Council ; and
WHEREAS, on April 1, 1993, the Planning Council has recommended to each of
its participant governmental agencies that the draft Articles of Association
attached hereto should be adopted; and
WHEREAS, the City Council of the City of Fort Collins has determined that
the proposed amendments to the Articles of Association of the Planning Council
will better serve the purposes of the City and should be endorsed; and
WHEREAS, the Mayor Pro Tem serves as the City's representative for voting
purposes on the Planning Council , and the City Council believes that he should
vote in favor of approving the amended Articles of Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
COLLINS that the proposed amendments to the Articles of Association of the North
Front Range Transportation and Air Quality Planning Council be and hereby are
endorsed and that the Mayor Pro Tem, as the voting member of said Council , is
hereby directed to vote in favor of approving said amendments to the Articles of
Association.
Passed and adopted at a regular meeting of the City Council of the City of
Fort Collins held this 4th day of May, A.D. 1993.
or
ATTEST: Mo
City Clerk
At_acnment I
* As recommended by the North Front Range Council on April 1, 1993.
ARTICLES OF ASSOCIATION
NORTH FRONT RANGE TRANSPORTATION AND
AIR QUALITY PLANNING COUNCIL
The undersigned Counties and Municipal Corporations, wishing to exercise the powers set forth in
Article XIV, Section 18(2) of the Colorado Constitution and Part 2 of Article 1 of Title 29, C.R.S., as
amended, hereby amend the Articles of Association (the "Articles") of the NORTH FRONT RANGE
TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL (the 'Council') to provide as follows:
ARTICLE i
PURPOSE
1. The Council shall promote regional transportation and transportation related air quality
planning, cooperation and coordination among federal, state and local governments and
between levels of government within the geographical area referred to herein as the 'Area'.
The need for a transportation and air quality planning organization Is based on the
recognition that the people in the Area form a community bound together physically,
environmentally, economically and socially. It is the purpose of the Council, through its
participating membership and Its programs, to provide local officials with a means of
responding more effectively to regional and state transportation and transportation-related
air quality issues and needs.
Ordered and effective transportation and air quality planning in the Area requires the Council
to coordinate the activities of federal, state, county and municipal agencies which are
Involved in the delivery of transportation facilities and services and protection of air quality.
The Council should also consider the activities and needs of the private sector and public
franchised carriers involved in providing transportation services and facilities within the Area.
2. The Council shall promote and encourage regional coordination and cooperation in matters
relating to transportation and transportation-related air quality planning through activities
which will:
a. Provide a forum to identify,study and recommend solutions to regional transportation
and transportation-related air quality problems.
b. Develop and formalize policies involving regional transportation and transportation-
related air quality planning and coordination of federal and state funding assistance.
C. Provide the organizational framework to ensure effective communication and
coordination among governmental bodies and between public and private agencies
Involved in the delivery of public transportation services and facilities and protection
of air quality.
d. Serve as a vehicle for the collection and exchange of transportation and air quality-
related information and expertise.
e. Develop and approve regional transportation and transportation-related air quality
plans in accordance with relevant federal, state and local regulations and policies.
f. Represent the members as a whole on matters of regional and mutual transportation
and transportation-related air quality concerns; except that members shall not be
limited in expressing contrary views should they determine that an overriding local
Interest exists.
g. Encourage action and implementation of regional plans and policies for transportation
Improvement by local, state and federal agencies.
h. Coordinate transportation-related air quality planning Issues.
1. Identify and promote effective alternative transportation modes to the automobile.
J. Develop Resolutions as necessary, that establish or modify the regional planning
process.
3. The Council shall be a body politic and corporate, and as such, shall have the powers
necessary to accomplish Its purposes. Because its activities are of a regional and
multigovernmental nature, it may constitute the entity to perform those regional functions
which are authorized by the Intermodal Surface Transportation Efficiency Act of 1991 and the
Clean Air Act of 1990 , as amended , State Legislation requiring a State Transportation Plan,
or any other Federal or State legislation that is applicable. To Implement such powers, the
Council will:
a. Undertake comprehensive, regional transportation and transportation-related air
quality planning; and
b. Be the designated entity for the purpose of receiving local, state and federal
assistance for the purposes of undertaking transportation planning, air quality
planning or for such purposes the Council deems related to those purposes stated
above in Article I, Part 2.
C. Be able to contract for services.
ARTICLE II
MEMBERSHIP
1. The initial members of the Council are those governmental entities located within the Area
subscribing to these Articles. Any general purpose local government within the Area may be
admitted as a member of the Council upon the affirmative vote of a majority of the Council.
The Council may Impose such conditions upon such membership as it deems necessary to
preserve the structure and Integrity of the Council, Including, but not limited to, requiring
financial support for Its continued operation.
2. Any member may withdraw from the Council upon the giving of not less than sixty (60) days
advance written notice. Such notice shall be delivered to the Chair of the Council. No such
withdrawal shall serve to excuse the payment of any sums or performance of any obligations
agreed to be paid or performed prior to the giving of such notice, or the payment of any sums
for services actually performed during the sixty (60) day period of notice.
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ARTICLE III
REPRESENTATION
1. The business of the Council shall be conducted by representatives of the members,
determined as follows:
a. One (1) representative and a designated alternate, respectively, of each county or
municipal corporation, who shall be a member of the duly elected Board of
Commissioners or City Council or Town Board.
b. Voting memberships may be granted to state or federal entities at the discretion of
the Council. Such memberships shall not be conditioned upon contribution to the
Council, and may be summarily terminated by the Council at its discretion.
2. Non-voting memberships may be granted to any public or private entity Involved in
transportation or air quality with conditions for such memberships to be determined by the
Council. Such memberships may be summarily terminated by the Council at Its discretion.
3. Each representative serving on the Council shall serve at the direction of the member she/he
represents.. Vacancies occurring on the Council shall be filled In the same manner as Is
provided for in the original designations.
ARTICLE IV
OFFICERS
1. The officers of the Council shall consist of a Chair and a Vice Chair. The Chair and Vice
Chair will not be from the same overall county area.
2. Each officer will serve a term of one (1) year, with the term to run from January 1 through
December 31. Nominations and elections will be held during the first meeting held during
the calendar year.
3. Vacancies In any office shall be filled by the Council.
4. The duties of the officers shall be as follows:
a. The Chair shall preside at all meetings of the Council. No Chair shall serve in this
capacity In excess of two (2) consecutive years.
b. The Vice Chair shall serve in the absence of the Chair, and, in addition, shall assist
the Chair and perform such other duties as may be assigned by the Council.
C. The Chair will represent the Council on the State Transportation Advisory Committee
to review Regional and State Transportation plans, amendments, and updates to the
State Plan, and to advise the Colorado Department of Transportation on the needs
of transportation systems in Colorado.
S. The Council may contract for such service as the Council, in Its discretion, may determine.
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ARTICLE V
MEETINGS AND VOTING
1. The Council shall meet at least quarterly, at a time and place set forth in the minutes of the
Council, and at such other times as the Chair may direct. All such meetings shall be open
to the public.
2. The voting structure will be as follows:
Each member of the Council shall receive one (1) vote. Three of the five members of the
principal local units of governments (Fort Collins, Greeley, Loveland, Larimer County, and
Weld County) shall constitute a quorum. Any member of the Council can call for a weighted
vote. Weighted votes are based on the 1990 U.S. Census population and rounded to the
closest Integer.
GOVERNMENT ENTITY VOTES WEIGHTED 4F NECESSARY'
FORT COLLINS 1 10
GREELEY 1 8
LOVELAND 1 4
LARIMER COUNTY 1 1
WELD COUNTY* 1 1
WINDSOR 1 1
EVANS 1 1
LASALLE 1 1
GARDEN CITY 1 1
TRANSPORTATION
COMMISSIONER 1 1
APPCD REPRESENTATIVE 1 1
TOTAL 11 30
* County votes are based on the population within MPO Study Area
3. All votes must be done in person by the representative of by his/her alternate,and there shall
be no voting by proxy.
4. The Council may vote to go Into executive session for the purpose of discussing personnel
matters and meeting with attorneys representing the Council in an adversary situation, and
for any other purpose authorized by and consistent with the Colorado Open Meetings Law.
ARTICLE VI
COMMITTEES
The Council may establish working committees as is necessary and shall provide for the appointment
of the membership of said committees. These appointments, where necessary, shall be in
accordance with state and/or federal requirements.
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ARTICLE VII
TECHNICAL ADVISORY COMMITTEES
1. There shall be a General Technical Advisory.Committee (*TAC') established. Membership on
the TAC may include staff from counties, municipalities, state or federal agencies or from
public and private entities Involved in transportation or air quality. The TAC will be
established by resolution of the Council members.
2. The TAC shall be responsible for developing and implementing the following for the Study
Area:
a. Unified Planning Work Programs related to planning projects.
b. Transportation Improvement Programs consisting of projects utilizing Federal and
State funds and reflective of the jurisdiction they represent.
C. Regional transportation and transportation-related air quality plans.
d. Policies and programs as may be directed by the Council.
The TAC shall conduct their business within the policy guidelines of the Council and shall
make their recommendations to the Council for its action.
3. The TAC will make recommendations to the Council, and may utilize an Informal consensus
building process to arrive at Its recommendations. The technical expertise (transportation,
planning, natural resources, transit, public works, engineering, etc.) of the individual
members will be represented on the TAC. When voting, the TAC shall utilize the weighted
votes as shown In Article V, Section 2. Each local government entity will designate a member
of the TAC to cast the vote.
4. Meeting locations of the TAC will be determined by TAC members and recorded In the
minutes. Meetings must be announced at least seven (7) days in advance by mail notification
to the full TAC membership. All such meetings shall be open to the public with minutes
prepared and distributed to the entire TAC.
5. The TAC shall conduct meetings at least bi-monthly, and such meetings shall be necessary
for final approval of the following documents prior to submittal to the Council:
a. Unified Planning Work Programs.
b. Transportation Improvement Programs.
C. Regional transportation and transportation-related air quality plans.
d. Other documents as Identified by the Council.
The Chair for the TAC shall alternate yearly between the Larlmer County and Weld County
Areas.
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6. A Chair shall be elected by the TAC and shall serve for a period of one (1) year. Duties of
the Chair shall Include the following:
a. To preside at the meetings of the TAC.
b. To serve as the principal liaison between the TAC and the Council.
C. To monitor the progress of funded planning projects for the area and report on the
status of such projects to the Council.
d. To monitor the ongoing administrative activities related to the Council.
7. A Vice-Chair shall be elected by the TAC and shall serve for a period of one (1) year. Duties
of the Vice-Chair shall Include:
a. To preside over meetings in the absence of the Chair.
b. To assist the Chair in the fulfillment of the duties described in Article Article VII, Part
6, hereof.
ARTICLE Vill
BUDGET AND FINANCE
1. Each year prior to July 1, the TAC shall submit to the Council, and the Council shall adopt,
a preliminary budget required for the operation of the Council during the ensuing fiscal year.
Administrative costs related to Council operations and costs for activities shown below shall
be clearly separate from costs for technical studies or activities which benefit particular
members. Any administrative costs shall be funded jointly by the members of the Council,
as approved by the Council. Appropriate federal or state grants will be given priority for
these expenses. The following activities are administrative in nature, although the listing is
not exclusive:
a. Maintain adequate minutes of Council meetings, Including written documentation of
the meetings.
b. Make necessary meeting arrangements for Council meetings, such as obtaining
adequate meeting space, preparation and publication of notices, preparation and
mailing of agendas and relevant information, refreshments or meals provided as part
of Council meetings.
C. Compile the material provided in finished form by the TAC for inclusion in packets
provided to Council.
d. Prepare contracts related to passing through federal and/or state grants.
e. Prepare billings under federal or state grants.
f. Conduct audits as indicated by federal or state grants.
g. Maintain financial records adequate to sustain such audits.
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h. Provide secretarial support for the Council in its roles as MPO and air quality
planning agency and for administrative functions described above.
I. Coordinate Information exchange between the member's staffs, the Colorado
Department of Transportation, the State Legislature, the Federal Highway
Administration, the Colorado Department of Health, Federal Transit Administration,
and the United States Environmental Protection Agency.
j. Other such administrative costs as may be approved by Council.
2. All projects' costs not deemed by Council to be administrative In nature shall be paid for by
the members benefitting from the projects. Where such projects are eligible for state or
federal grants, the benefitting members shall be responsible for any required local match.
The determination of which members benefit shall be defined under mutual agreement
between the Council and the benefitting members.
3. The final budget shall be approved through the Unified Planning Work Program, by resolution
of the Council membership no later than October 1 of each year. The budgetary year of the
Council shall be the calendar year. Members are responsible to provide funding for their
share of the approved budget to the Council by January 1 of the budgetary year.
4. The Council is specifically empowered to contract or otherwise participate in and to accept
grants, funds, gifts or services from any federal,state or local government or Us agencies or
Instrumentalities thereof, and from private and civic sources, and to expend funds received
therefrom, under provisions as may be required and agreed to by the Council, in connection
with any program or purpose of which the Council exists.
5. The Council shall arrange for a systematic and continuous recordation of the Council's
financial affairs and transactions and shall obtain an annual audit of Its financial transactions
and expenditures, or as otherwise required by law.
6. The Council may authorize any officer or officers, agent or agents,to enter Into any contract,
or execute and deliver any Instrument, in the name of or on behalf of the Council and such
authority may be general or confined to special instances.
7. No loan shall be contracted on behalf of the Council and no evidence of Indebtedness Issued
in the name of the Council shall be signed by such officer or officers, agent or agents, of the
Council.
a. All funds of the Council not otherwise employed shall be deposited from time to time to the
credit of the Council In such banks,trust companies or other depositories as the Council may
select.
ARTICLE IX
STAFFING AND SUPPORT
1. The administration and coordination of the needs of the Council shall be provided by the
members. Where administration and coordination is required as part of a grant,the member
providing administration and coordination will be eligible for reimbursement to the extent
budgeted by the Council. Types of eligible activities are specified under Article VIII, Part 1.
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2. To provide for the operation of the Council activities, the Council shall appoint an Executive
Director. The Executive Director shall appoint and assign Titles and duties to the members
for the completion of the activities of the Council, including maintaining the books and
records of the Council.
3. The Council shall review the performance of the Executive Director in January of each year.
ARTICLE X
AMENDMENT
These Articles may be amended by an affirmative vote of a majority of the representatives present
and voting according to the vote system described in Article V, Part 2, hereof. Such amendments
may be accomplished at any regular meeting of the Council, provided at least thirty(30) days'written
notice of the proposed amendment has been given to the members.
ARTICLE XI
DISSOLUTION
The Council may be dissolved upon the affirmative vote of the Council, provided that such vote shall
precede the effective date of dissolution by no less than ninety (90) days. Upon dissolution, the
affairs of the Council shall be concluded, assets liquidated, debts and other obligations paid and
remaining assets distributed among the then members in the same proportions as such members'
payments to the Council during the year next preceding the year of dissolution.
ARTICLE XII
ADOPTION AND EFFECTIVE DATE
These Articles shall become effective upon their adoption by Resolution by a sufficient number of
local governments to represent at least seventy-five (75) percent of the 1990 urbanized area
population of the Fort Collins and Greeley urbanized areas as defined by the U.S. Bureau of the
Census Metropolitan Area Boundary (Title 28 Sec. 134b).
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These Articles, first signed on January 27, 1988, have been amended by the affirmative vote of the
representatives, In accordance with Article X, at a regular meeting of the Council held on the_day
Of 1993.
Signed this day of 1993.
NORTH FRONT RANGE TRANSPORTATION
AND AIR QUALITY PLANNING COUNCIL
By:
Chair
ATTEST:
Secretary
AFFIRMED: VOTE TALLY:
City of Fort Collins:
Council Member
City of Greeley:
Council Member
City of Loveland:
Council Member
County of Larimer:
Council Member
Town of Evans:
Council Member
Town of Lasalle:
Council Member
i
Town of Garden City:
Council Member
Transportation
Commission
Council Member
Department of Health:
Council Member
TOTAL
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