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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 -2- 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, -3- 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 -4- 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, -✓- 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 -6- 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 -7- 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 -8- 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 -9- 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 -10- 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 -11- 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 -12- 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 -13-