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HomeMy WebLinkAbout1990 Articles of Association Northwest Colorado Council of Governments Coorado Planning and Management Region XIIResolution No. 1990-1 ARTICLES OF ASSOCIATION NORTHWEST COLORADO COUNCIL OF GOVERNMENTS Colorado Planning and Management Region XII ARTICLE I x.01 Organization These Articles of Association shall regulate and govern the affairs of the association known as the Northwest Colorado Courci.l of Governments f hereinafter known as the "Council." or "NWCCOG"}, The Council is organized pursuant to Article XIV, Section 18 of the Colorado Constitution and Sections 29-1-201, e,t sea., 29-1--441 and 29-1-402. C.R.S. 102 Membersh_.p The Council shall ba composed of the following Counties and Municipal Corporations: Counties. Eagle, Grand, Jackson, Pitkin, ?~outt, Summit i~unc,n..a..l..... C,c.rpora.t ~..on.s 1517en Vbn Basalt Blue =:.~.ver Breckenridge Dillon Eagle Fraser risco Granby Grand Lake Gypsw~n Havden Hot Sulphur Springs Kremmling Minturn Montezuma Oak Creek Red Cliff Silverthorne Snowmass Village Steamboat Springs Vail Walden Winter Park Yampa 103 Representaton.._and_..Voting A. Representatye,s.: The Counties and Municipal Corporations set forth at Section 142, supra, shall be entitled to voting representatives as set forth in these Articles. The voting representative from each County shall be a member of the Board of County Commissioners and shall be 1 selected as the PiWCCQG representative by vote of such Board. Each Municipal Corporation shall be entitled to one (1) voting representative, which shall be either: 1. An elected member of the Municipal Corporation ar Board; or 2. An elected mayor of the Municipal Corporation. Each Municipal representative shall be selected by vote of the governing body of the Municipal Corporation. After a member has been designated as a County ar Municipal representative, he wall inform the Council staff of an alternate wha will also receive information from Council headquarters and attend meetings in the event of an absence according to this Section. Alternates shall have the same qualifications as regular members. p_ .. ... d~~1.ni_str .tiye .~Gpr,e~,e,nt,atv.e.3 . At? o.i.n~ed A..........~ ... a.... r~,.m,e,n~be,r...government.m.av ...q.r?.. a„case....bY......G.as_e.,.,basi~_~,. p.~.t~tx,a.n....th.e .Ixec.utiv~ . Com~n.t.~,ee...of...NW~,C~G ..~.q app,o,,nt„ an adirin,is,tr,a.tve....,_~'epre~.2n.~,atiy_e .,„T,h_e pet.i,t..i,on,,, slzal.,l. c.ons,s~,....o.f._,a,,_,1~ttex~.,...o_f,.,exp.l.anat,ion. fr©m,„thy . m.~mlaer.,..,.goyzrn~n~.nt.,..stat~.n5.._.t.rla . rea.s.ons, f_o.r, t,he., r~.quzst._......_A..ma]ori~.Y„af,_.the ~~~,cut..v'.....$oa,r, must,,,.,,apprc,,-.e.. t,h,is,..rz..quest . m,ini,st.ra_~i.°Je..,,r,epre,sen.tat,,ye,.,s.ha13An....appo~.n med... ~ . be.....a.,,._se.n.2or....admni.stra.~.„ye.....r.e.spresen.tative.,.. c~fned .as .~h~. _a~n.~ra.~,.,couns,~l.~ ,manager/ a dm.n,„~.st,z_a,tor,,...or.,. ,s..end:or,,.p3a,nn.er„may.,be..„appo~,n.ted by. a....tnuna.cip.al. or„.cpu,ntY..._boa,rd...to....repr~,.sent.._.t.~a. jur.is.d,„~;.c.t_~on .in.. pl,ac,e...of...an „e.].ect~d,,,, gf,f,:_cia~. __..~'he adman„i5.t.rat.i~,e ..representative...r~~ust._,.,b~.....appointe.d_by r.e.sclu~.on,...of,„t.he„ ..aurisdiction,. T.he resolution sha.11,,.,..,tra,ns£e.r_,, th? fu..~ ,,._an.d...handin.q...,votin,q privle.ges...of the member to..,..the.,,.adEnizl.istrat,i,ve. r,eprese.ntat i.ve„.. 4 s B. Term: Representatives to the Council shall be designated by each participating government annually prior to the regular Council meeting in January. Each representative shall serve from the January meeting to the following January unless sooner replaced by the appointing government. C . A1;.],oca_t_~n .. of ,., Vot.~.n,~._ Rights : A maximum of twelve 12} full votes may be cast upon any matter before the Council. Each County shall be permitted one 1) full vote. The aggregate of all Municipal Cor~vratians within each County shall be permitted one~(1} full vote an a?1 matters before the Council. At each meeting of the Council, the Municipal representatives present from each County shall cast equal fractional votes which total one (1) full vote for each County, in the following manner: Cne Municipal Corporation present: it casts 1 vats. Twa Municipal Corporations present: each casts 1/2 vote. Three Municipal Corporations present: each casts 1/3 vote. rc~ur Municipal Corporations present: each casts 1/4 vote. rive Municipal Corporations present: each casts 1/S vnte. etc.) Vacancies: if any NWCCOG representative shall cease to hold elective office as a Mayor, Municipal Councilman ar Caur~ty Commissioner, a vacancy shall exist and the appointing government shall fill the vacancy as provided by Subsection A, .supr,a . E. Quorum: A quorum shall consist of at least seven County and/or Municipal representatives or their alternates. Fn no event, however, shall a quorum consist of less than seven full votes, considering the fractional voting for Municipalities from the same County provided at Subsection C, sup,r,a. 3 F. T.el.ephon.e., ,~ol.~..ng : in order to achieve a quorum, the Council may poll by telephone, not more than two of its members, with respect to a specific matter before the Council on motion or resolution. Such telephone polling shall constitute the equivalent of a physical presence at the meeting of the representative(s) sa polled, shall be carried out by the Chairman, and the results of the poll reported to the Council by him. The minutes far the meeting shall reflect that a telephone poll was taken, the results thereof, and the representative{s} polled. Further, a memorandum of the poll shall be approved and signed by them. if the representative(s) do not approve and sign the memorandum, the action upon which the vote, including the poll, Was taken shall be null. , ~-oid and of no effect . G. P.r,o~.x..,._Vo,t.in.c~: Proxy voting is not permitted. h. Adm3n_s.tra_t.ve,..R,epre,s,en.ta,tzy..e.s : In the event of the absence of the elected representative or alternate for any jurisdiction, an administrative representative may participa~:e as a representative of that jurisdiction at the pleasure of the Council p~evided, however, that ne administrative representative shall il.ot be permitted to cast a vote on ar~y issue . i. Vote: A majority of full votes cast at any meeting shall be required to adopt any matter before the Council. 104 Ru.l.e.s„„ of,.,.,0,~;,d,e,r Except as otherwise provided in these Articles, Roberts rules of Qrder shall prevail for the conduct of the business of the Council. ARTICLE II 201 Purpose The Council shall promote regional cooperation and coordination among local governments and between levels of 4 government for the geographic area comprised of the Counties of Fagle, Grand, Jackson, Pitkin, Routt and Summit, hereinafter 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 economically and socially. It is the purpose of the Council through its participating membership, staff and programs, to provide local public officials with the means of responding more effectively 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 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. 202 Functions The Council shall 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 formulate policies involving Regional pr~.b' ems . D. Promote intergovernmental cooperation through such activities as reciprocal furnishing of services, mutual aid and parallel action as a means to resolve local, as well as Regional, problems. E. Provide the organizational framework to ensure effective communication and coordination among governmental bodies. F. ~erve as a vehicle for the collection and exchange of rcegional information. G. Develop Regional comprehensive plans. H. Serve as a spokesman for local governments an matter of Regional and mutual concern. 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 other parties. K. Provide a mechanism for delivering financial assistance, in the form of loans, or otherwise, to public or private, for profit or nonprofit ventures, deemed to be in the public interest and to fulfill the purposes and functions of the Council, as described more full, at Section 243.H, infra . L. Provide technical and general assistance to members within its staff and financial capabilities. These services are inclusive of, but not limited to: 1. Identify issues and reeds which are Regional and beyond the realistic scope of any one local government. 2. Compile and prepare, threugll staff and fran members, the necessary in*_`ormation ca:~cerning the issues and needy for Council discussion and decision. 3. Debate and concur in a cooperative and coordinated Regional actic•n to meet the need or issue. 4. Implement the details of tl:e cooperative action among affected member governments, using such devices as interlocal contracts and agreements, parallel ordinances or codes, joint performance of services, transfers or consolidations of functions, ar special subordinate operating agencies. 6 a ~ • 5. And, in general, a. Arrange contracts among officials on an intergovernmental basis. b. Publish reports on functional programs. c. Publish current information of Regional interest. d. Provide advice and assistance on physical land use planning and other functional programs. e. Sponsor Regional training programs. f. Negotiate cooperative agreements. g. Sponsor or oppose legislation on behalf of the Region and its units of local government. 203 Powers The Council shall, far the purpose of fulfilling its purposes and functions, be a body politic and corporate, and as such, be subject to all rights, duties and obligations as such t~tiay affect the members of such Council whereby its activities are of a Regional, are«wide or multi--governmental nature and further, shall ccr.stitute the entity to perform those Regional or «re«wide functions which may be authariGed by Federal or State statute. To effectuate such powers, the Council shall: A. Be the approving and contracting agent for all Federal and State regional grants, as required. Constitute the governmental entity for the purpose of receiving State ar Federal assistance to areawide or Regional governmental entities through designation as grantee for such grants. C. Constitute the governmental entity for any existing entities that are Regional in nature and any new entity, Regional in nature, which may be required to be created as a new board or commission by State or Federal statute and, to consummate such purpose, these Articles shall be amended from time-to--time. 7 D. Serve as the Area Clearinghouse and Project Notification Review Agency. E. Serve as the Regional Planning Commission pursuant to Section 30-28-105, C.R.S. F. Exercise all powers set Earth in Section 29-1.-201, et ,secy.,, C.R.S., and Article XIV, Section 18, Colorado Constitution. G. Accept contributi~ ar from any other fund or funds, or disburse the same may direct at the established cr at ins from member local governments source, commit them to a general a sper.ial fund or funds, and fir such purposes as the Council time the fund or funds are any time thereafter. H. Revolving Loan Fund. Subject to the approval of the Board of Directors, a Revolving Loan Fund may be created to assist in the financing of either public or private, for profit or nonprofit ventures, where tha retention or creation of employment and the Consequent public revenue or benefit to the health, safety and welfare of the Region is deemed by the Board to be in the public interest. The Board shall appoint a Revolving Loan Fund committee of eight persons, one of wham shall be the-NWCC9G-Exeeut~ve-Bireeter a NWCCOG staff,.,.re.p.re.sen.ta.~..yE, under criteria as it shall establish. The Boar3 shall also appoint eight alternates in the e•~ent of the inability- of any committee member to attand a meeting. The Revolving Loan Fund will create policy far review a::d approval of its loans including criteria established by agencies of origination from which capitalization of trte Revolving Loan Fund is achieved. In addition, such loans shall be made in full compliance with the Colorado Constitution, the Colorado Revised Statutes and applicable Federal law and regulations. The revolving loan fund committee shall adopt Bylaws for the conduct• of its affairs and the administration of the Revolving Loan Fund. Such Bylaws shall not be effective ~wrtil approved by the Board of Directors of the Council, 3 i ARTZC~,~ III 302 Executive Committee There is hereby created an Executive Committee which shall consist of seven voting representatives of the Council. There shall be one member from each of the six County areas in Region XII, which member may be either a County voting representative or Municipal voting representative from that County area. There shall also be one at-large member. The Executive Committee members shall be elected at the annual ~r+eeting in January and shall serve until the following January. The Executive Committee shall select the Chairman, Vice Chairman and Ser..retary-Treasurer from among its ;ne€rbcrs . A. Chairman: The Chairman shall Nreside at all meetings of t"rye Counci ~ and ,hill be the chief off~.cer of the Caunc~l. b. slice Chairman: The Vita Chairman shall exercise the functions of the C hair~~tan i!1 the Chairmans absence or incapacity. C. Sec.r,e.~a_ry.-T.r~M.suxer: The Secretary--Treasurer shall exercise the fu~_ctians cf thY 'lice Chairmen in the absence or incap.acit~- cf. the Vice Chairman and shall perform such ether duties as may be consistent with his office or as ~r,ay ba required by the Chairman. 302 Staff The Council may employ a direetP~-apd-a-s.raf= .fin ~xEC_utive Drectcr,..__an._ Ass.ocia.t.r. ExECUt~Y.~ ._p ir,e.c,~.or,.and , a.,,. s,taf~ and may cor:tract for e.spert service:~ as the Council, in its discretion, may desire. ARTICLE IV 401 Meetings The Council shall meet ~te~ith4y 'r;i-,n~on.thly beginning each year in January and at such ether times as the Chairman may direct . All such meetings sha11 ba open to the x:+_~hI is . J i 402 By..laws The Council, acting by resolution at any regular or sper_ial meeting, may enact or amend Bylaws for the further conduct of its affairs and specifically to describe additional functions of the Executive Committee and the staff, provided however, that such Bylaws may not ~.cntravene ar supersede any provision of these Articles. 403 Committees The Council may esta3~lish advisor•~ r_.ommittees as necessary, 404 Financial A. Bach year at-tl~e-re-a~;~Gr-~~Qtebe~--r~eeting; between October 1 and October 15. the Chair;nn,~ shall submit ~ ._.b... may ,..,... _..,.._._y '1, to t}~e Council an estimate of the budget required for the operation of the Council during the ensuing caer.dar yesr. B. The Council is specifically emrowerEd to crntract r otherwise participate in ar~u to accept grants, funda, gifts or serr-ices from any Federal, State or local rovernmant or its agencies or instrumentality thereof, and from private and civic SOUrCeS, arzd tf~ ei.p~r,d funds received therefrom, under provisions as may be required of grid agreed to by the Caur:cil, in connection with ay program ar purpose fnr which the Council e:sists . C. The Council shall arrange fc,r a systematic and continuous record of its financial affairs and transactions and shall, obtain aIi annual audit of its financial transactions Qnd expendituzE.~.. D. Any member local government ;nay withdraw from membership in the Council by action of its govErning body demonstrating its decision to withdraw which shall become effective ninety (90} days after written notice to that effect has been given the Chairman ~~f tl'~e Cozznz.il, after which its participation in any Gf the powers and duties of tl;e Council as far as such member is concerned shall then terminate, lout the mone,- appropriated t.o and received by the Council frnm the withdrawing member sha:.l ~~ot be returned to such member. 10 i i i E. The withdrawal of any unit of local government frnm or ncanparticipation of such local government in the C^•~•.ncil as described supra shall not operate to prevent the Council from offering services andlar performing activities within the jurisdiction of said local government unless specifically directed not to do so by said local government under valid authority of law. ARTICLE V 501 Articles: Effective Date These Articles shall ~;ecome effective upon their adoption by the Council and ratificati.an by a ma~arity of the members listed at Sectiail 102 hereof. 502 Articles: Amendment These Articles may be amend at a~;y regular meeting of the Council by resolution, provided that at least one week's notice in writing be given to all members, Getting forth such amendment and that the approved amendw~ent ba ratified by a :r~ajority of the members lis~.ed at Section 10 hereof. 11