HomeMy WebLinkAbout1981-075-05/19/1981-PROVIDING FOR THE ADOPTION OF AMENDED ARTICLES OF ASSOCIATION OF THE LARIMER-WELD REGIONAL COUNCIL O r
RESOLUTION 81-75
OF THE COUNCIL OF THE CITY OF FORT COLLINS
PROVIDING FOR THE ADOPTION OF AMENDED
ARTICLES OF ASSOCIATION OF THE LARIMER-WELD
REGIONAL COUNCIL OF GOVERNMENTS
WHEREAS, the City of Fort Collins, by and through its City Council ,
has elected to become a member of the Larimer-Weld Regional Council of
Governments, and
WHEREAS, the County of Weld, Colorado has chosen to withdraw its
membership from the Council , and
WHEREAS, such withdrawal has created the need to further amend and
modify such amended Articles, and
WHEREAS, the Council of the City of Fort Collins, Colorado, has found
that it is in the best interest of the health, safety, and welfare of the
people of the City of Fort Collins to become a member of the Larimer-Weld
Regional Council of Governments, and
WHEREAS, the Council has reviewed the Amended Articles which shall
control the Larimer-Weld Regional Council of Governments
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the revised Amended Articles of Association of the Larimer-
Weld Regional Council of Governments, a copy of which is attached to this
Resolution, are hereby ratified and adopted,
THAT the Council therein referred to is hereby confirmed to be the
successor entity to the entity created by said Amended Articles,
THAT the City hereby transfers all of its interest, tangible and
intangible, in the entity created by said Amended Articles to the entity
created hereby, and consents that the same shall exercise all of the
powers, duties and functions heretofore designated for said former entity,
and
Passed and adopted at a regular meeting of the City Council held this
19th day of May, A D 1981
Mayo
ATTEST
�'�� C1ty G e c
t
AMENDED
ARTICLES OF ASSOCIATION
LARIIIER-14ELD REGIONAL COUNCIL OF GOVERNhENTS
ARTICLE I
General 1 . These Articles of Association shall regulate and govern the affairs
Membership of the association known as the Larimer-Weld Regional Council of
Governments, het ei nafter known as the "Council ,It and are organized
pursuant to Article XIV, Section 18 (2) of the Colorado Constitution
and Part 2 of Article 1 of Title 29, CRS 9173, as amended The
Council is further organized as the Larimer-11el d Regional Planning
Commission pursuant to Section 30-28-105, CRS 1973, as amended, and
assumes the duties and responsibilities appurtenant thereto in the
geographic area within the planning jurisdiction of its Members, but
action in the name of the Council The Council is comprised of
counties and municipal corporations subscribing to these Articles on
or before June 30, 1981 , municipal corporations and counties which may
thereafter be addmitted to trembership
Council of 2 The members shall meet at least once a year in general session to
the whole make general recommendations and discuss matters of policy and general
interest to the Council For the purpose of the Council of the Whole
meeting, representatives of one-third of the members shall constitute
a quorum for transacting business properly before the Council
Governing 3 There shall be a Governing Board of the Council to conduct the
business of the Council between general meetings The Governing Board
shall be comprised as follotys
Two (2) representatives from each member county, who shall be
members of the Board of Conmissioners
One (1 ) representative from each of the four (4) largest
participating member municipalities in each county
Two (2) representatives from other member municipalities appointed
by the Mayors' Coordinating Committee
Such additional representatives as may be authorl7ed from time to
time by the Council as a �Ihole, in accordance with Article X of
these Articles of Association
Each voting representative of a municipality shall be either an
elected member of the governing body of the municipality serving
during his term of office or an elected mayor of the municipality
serving during his term of office
ie,--1 4 Each representative serving on the Governing Board shall serve aS
such representative on the Governing Board for a minimum period of one
(1 ) year, so long as qualified as set forth above as an elected
official Vacancies occurring on the Governing Board from time to
time shall be filled 7n the sane manner as is provided for in the
original designations
vote 5 Each member of the Governing Board, or in his absence his desig-
nated alternate as provided in paragraph 6 of these Articles, shall
have one (1 ) vote to be cast in person and there shall be no voting by
proxy
AiL.ernates 6 Each representative may have an alternate, who shall be selected
for l'unic- in the same manner as the voting representative as set forth in Article
Inralities I, paragraph 3
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ARTICLE II
Purpose l The Council shall promote regional cooperation and coordination
among local governments and between levels of government for the
geographic areas comprised of the Counties of Larimer and Weld, here-
inafter referred to as the "Region". The need for a Council of
Governments is based on the recognition that people in the Region form
a single community and are bound together not only physically but eco-
nomically and socially It is the purpose of the Council , through its
Governing Board, participating membership, staff, and programs, to
provide local public officials with the means of responding more effec-
tively to the local and regional problems of this Regional Community
In order to assure the orderly and harmonious development of the
Region, and to provide for the needs of future generations, it is
necessary for the Council to serve as an advisory coordinating agency
as well as the body politic specifically empowered as designated
herein, to harmonize the activities of federal , state, county, and
municipal agencies within the Region, and to render assistance and
service and create public interest and participation for the benefit of
the Region
Functions Z The Council may promote regional coordination and cooperation
through activities designed to
a Strengthen local governments and their individual capacities to
deal with local problems,
b Serve as a forum to identify, study and resolve areawide
problems,
c Develop and formalize policies involving regional problems,
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d Pr to intergovernmental coopera n through such activities
as reciprocal furnishing of services, mutual aid, and coordinated
action as a means to resolve local , as %cell as regional problciiis,
e Provide the organizational framework to insure effective
communication and coordination among governmental bodies,
f Serve as a vehicle for the collection and exchange of
information of regional interest,
g Develop regional comprehensive plans for the Region,
h Serve as a spokesman for local governments on matters of
regional and mutual concern, except member governments shall not be
limited in expressing contrary views, should they determine an
overriding local interest,
i. Encourage action and implementation of regional plans and
policies by local , state and federal agencies,
j Provide, if requested, mediation in resolving conflicts between
members and between members and other parties, and
k Provide technical and general assistance to members with its
staff and financial capabilities These services are inclusive of,
but not limited to, services designed to
(1 ) Identify issues and needs which are regional and beyond
the realistic scope of any one local government,
(2) Compile and prepare, through staff and from members, the
necessary information concerning the issues and needs for
Council discussion and decision,
(3) Debate and concur in a cooperative way and coordinate
regional action to meet the need or issue,
(4) Implement the details of the cooperative action among
affected member governments, using such devices as inteilocal
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antiacts and agreements, para 1 ordinances or codes, joint
performance of services, tranfers or consolidations of
functions, or special subordinate operating agencies,
(5) And, in general
- arrange contracts of all kinds as othengise allowed by law,
among the member participating governmental entities,
- publish reports on functional problems,
- publish current information of regional interest,
- provide advice and assistance on physical land use
planning and other functional programs,
- sponsor regional training programs,
- negotiate cooperative agreements, _
Powers 3 The Council shall , foi the purpose of fulfilling its purposes and
functions, be a body politic and corporate, and as such an entity, be
subject to all rights, duties and obligations as such may affect the
members of such Council whereby its activities are of a regional ,
areaaide, of multi-governmental nature, and, further, shall constitute
the entity to perform those regional or areawide functions which may be
authorized by Federal or State Statute To effectuate such powers, the
Governing Board of the Council shall
a Be the approving, contracting, and reviewing agent for all
Federal and State Regional Grants, as required,
b Provide comprehensive areawide planning in areas of regional
concern, and in which it would be in the best interest of the Region
to under take,
c Be the governmental entity for the purpose of receiving State or
Federal assistance to areawide of regional governmental entities,
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d Serve as the Area Clearinghouse and Project llotification
Review Agency, and
e The Council of Governments Governing Board, as a matter of
policy, will review its programs annually and decide the need,
necessity and value of continued funding of them The annual
review will be held in the last month of the Councils fiscal year
ARTICLE IIT
Selection of 1 . The officers of the Governing Board shall consist of a Chairman,
OfTicers a Vice-Chairman, a Secretary-Treasurer and such additional officers
as the Governing Board may determine from time to tine
lic-,nating_ 2 In November of each year the Governing Board shall appoint a
Nominating Committee for the purpose of nominating candidates for the
offices of Chairman, Vice-Chairman, Secretary-treasurer and the four
local governments of the Executive Committee
a. The Nominating Committee shall consist of five (5) members of
the Council , as enumerated in Article I, paragraph 3 of these
Articles
b The Nominating Committee shall contact all riember entities
soliciting written recommendations for the above-stated offices
and shall hake its report to the Governing Board at the January
Council meeting each year Nominations will be accepted from the
floor following the Nominating Committee's report Nearly-elected
officers will take office after elections at the January Governing
Board r'eeti ng
Vacancies 3 Vacancies in any office shall be filled by the Governing Board
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Duties of 4 Th luties of the officers shall I as follows
Officers a The Chairman shall preside at all meetings of the Governing
Board and of the Council of the Thole He shall be the chief
executive officer of the Council As a qualification for office,
except for the initial Chairman, he shall have served at least
one year as a member of the Governing Board ado Chairman shall
serve in that capacity in excess of two (2) years
b The Vice-Chairman shall serve in the absence of the Chairman,
and, in addition, shall assist the Chairman and shall perform
such other duties as may be assigned by the Governing Board
c The Secretary-Treasurer shall be the custodian of the books
and records of the Council , shall keep the Minutes of all
meetings, shall be the chief fiscal officer of the Council , and
shall perform such other daties as may be assigned by the
Governing Board
Executive 5 The Governing Board of the Council may employ an Executive
Director/ Director and a staff and may contract for expert services as the
Staff Council, in its discretion, may determine
Duties and 6 The Executive Director will be responsible to appoint, fix salary
Responsi- of, and remove staff and be responsible for developing and carrying
bilities of out policies relating to personnel duties,classification and
Executive reclassification, performance measurements, annual leave, sick leave,
Director and otner aspects of staff employment and general administration of
the Larimer-geld Regional Council of Governments
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The Executive Director %nll be responsible for the development and
maintenance of all comprehensive planning and other functional
progra^is sponsored by the Larimer-weld Regional Council of
Governnents
ARTICLE IV
MeeLings_ of 1 The Governing Board of the Council shall meet at least once each
the Govern-- month, at a brie and place set forth in the Minutes of the Governing
itn,g Board Board, and at such other times as the Chairman may direct All such
meetings shall be open to the public and be tape recorded
Meeti ngs of 2 The Council of the Whole shall meet in general session as
the Council provided in Article I, paragraph 2, at least once annually at the
of the Who l e direction of the Chairman All such meetings shall be open to the
public
Qvorun 3 A quorum of the Governing Board shall consist of a majority of
the representatives
Ya;on ty_ Vote 4 Once a quorum has been established, a majority of those present
shall be required to adopt any matter before the Governing Board,
except as set forth in Section 5 below
resolution 5 No matter subject to the provision of this Section shall be
Indicating effective if, within 30 days after notice thereof has been given to
Disapproval each member entity, a majority of the members file with the Secretary
a resolution indicating disapproval of the matter proposed
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ARTICLE V
Committees The Board may provide for technical and advisory committees as are
necessary, and shall provide for the appointment of tie membership
of said committees These appointments, where necessary, shall be
in accordance with State and/or Federal requirements
ARTICLE VI
Executive 1 There shall be an Executive Committee which shall consist of
Committee the following the Chaiiman, Vice-Chain-nan, Secretaiy Treasurer,
one representative from each member county, and two representatives
from member municipalities All members shall be members of the
Governing Board of the Council.
Selection 2 The members of the Executive Committee shall be elected by the
Governing Board of the Council at the January Governing Board
meeting, subject to nominating provisions ent,merated in Article III
of these Articles
Officers, Vac- 3 Officers of the Executive Committee shall be the same as the
ancies, Filling Governing Board Any vacancies shall be filled the same as under
of Vancancies Article III
Functions and 4 a The Executive Committee shall have the responsibility for
Potitiers carrying out the administrative functions and policies of the
Council
b The Executive Committee shall propose an annual budget and
annual plan of operations to the Governing Board
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c The Executive Committee may appoint ad hoc or special
corn»ttees from those who are representatives to the Council
d The Executive Committee shall conduct the business of the
Executive Committee within the policy guidelines of the Council
e The Executive Committee shall revs end and authorize all legal
contracts, agreements, etc between the Council and other agencies
f The Executive Committee shall revie�i and submit to the
Governing Board all By-Lary Amendments and Amendments to the
Articles of Association
g The Executive Committee shall serve as the committee
authorized to make budget contingency transfers
h 1he Executive Committee shall serve as the nominating
committee for all Council Advisory Committees with final
concurrence by the Governing Board
ie The Executive Committee shall serve as the committee to handle
all Council personnel matters, including employee grievance issues
Prccedure 5 a Veetin s The Executive Commnittee shall meet at such times as
set forth in the Minutes, or at other times as set by the Chairman,
and announced at least 7 days in advance by mail notification
b Voting Each member of the Executive Committee shall have one
vote A simple majority of the members of the Executive Committee
present and voting shall constitute a quorum Proxies will not be
used
ARTICLE VII
B'Zcet 1 Each year at the regular August meeting, the Executive Director
and the Executive Committee shall submit to the Governing Board an
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estimate of the budget required for the operation of the Council
during the ensuing calendar year Upon approval of such budget the
funds required by the Council shall be apportioned by formula as
determined by the Governing Board
Fundin 2 The Governing Board is specifically empowered to contract or
otherwise participate in and to accept grants, funds, gifts, or
services from any federal , state, of local government or its 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 Governing Board, in connection with any
program or purpose for which the Council exists
Audit 3. The Governing Board 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 lair
Contracts, 4 a Contracts The Governing Board may authorize any officer or
Loans, Checks, officers, agent or agents, to enter into any contract or execute
and Deposits and deliver any instrument in the nave of or on behalf of Council ,
and such authority may be general or confined to special instances
b Loans No loan shall be contracted on behalf of Council and
no evidence of indebtedness shall be issued in its name
c Checks, Drafts, etc All checks, drafts, or other orders for
the payment of money, notes or other evidences of indebtedness
issued in the nane of Council shall be signed by such officer or
officers, agent or agents, of the Council and in such manner as
shall be from tine to time determined by the Governing Board
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d Deposits All funds of Council not otherwise employed shall
be deposited from time to time to the credit of Council 7n such
bank, trust companies, or other depositories as the Governing
Board may select
ARTICLE VIII
Adoption and 1 . These Amended Articles shall become effective upon their adoption
Ratification by Resolution by the Board of County Cowmi ssi ones s of Larimer County,
.of Articles And upon the adoption and ratification in writing of the eight (8)
municipalities whose representation is provided for in Article 1,
paragraph 3 of these Articles
A^endment of 2 These Articles may be amended at any regular meeting of the
Governing Board, subject to the provisions of Article IV, Section 5
ARTICLE IX
Executive 1 The Larimer--Weld Regional Council of Governments Governing Board
Session and Executive Committee, by majority vote of its members, may go into
executive session for the purpose of discussing personnel matters and
neeting with attorneys representing the Council of Governments in an
adversary situation, and for any other purpose authorized by and
consistent with the Colorado Open Meetings Law
ARTICLE X
hew Members 1 Any county contiguous to a member county and any municipality
within a member county or such a contiguous county may be admitted as
a member of the Council upon the affirmative vote of a majority of the
Governing Board, subject to the provisions of Article IV, Section 5
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Tile Governing Board may impose such co,xjitzons upon such membership as
it deems necessary to preserve the structure and integrity of the
Council , including but not limited to requiring a contribution to
capital and granting or denying a seat on the Governing Board The
Governing Board ray authorize additional seats on the Governing Board
in order to accommodate new members All such conditions shall be set
forth in the Notice to the members
Vithdrawal 2 Any member may withdraw from the Council upon not less than six
of a Member months' written notice prior to the end of any fiscal year Such
notice shall be delivered to the Governing Board No such withdrawal
shall serve to excuse the payment of any sums or performance of any
obligation agreed to be paid or performed prior to the giving of such
notice, or the payment of any sums for services actually performed
prior to the end of such fiscal year No withdrawing member shall be
entitled to distribution of any assets of the Council
Dissolution 3 The Council may be dissolved upon the affirmative vote of the
Governing Board, subject to the provisions of Article IV, Section 5
Upon dissolution, the affairs of the Council shall be wrapped up,
assets liquidated, debts and other obligations paid, and remaining
assets distributed among the then members in the sane proportions as
such members' payments to the Council during the year next preceding
the year of dissolution
Adopted 9-24-69 Amended 11-2-78
Amended 11 -28-73 Amended 1-22-81
Amended 4-3-70 Amended 443-81
Amended 1 -7-76
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