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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. 2 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. 3 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. 4 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. 5 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. 6 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. 7 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). 8 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 9