Loading...
HomeMy WebLinkAbout20073679.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING ARTICLES OF ASSOCIATION OF THE DENVER REGIONAL COUNCIL OF GOVERNMENTS; APPROVE PAYMENT OF ANNUAL ASSESSMENT IN ORDER TO BECOME A MEMBER OF THE DENVER REGIONAL COUNCIL OF GOVERNMENTS AND APPROVE REVISION OF THE BOUNDARIES OF THE METROPOLITAN PLANNING AREA WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the State of Colorado has defined Transportation Planning Regions (Section 43-1-1102, C.R.S.)for purposes of developing transportation plans (Section 43-1-1103, C.R.S.), and WHEREAS, each Metropolitan Planning Organization's Metropolitan Planning Area shall, at a minimum, comprise a Transportation Planning Region, and WHEREAS, the Denver Regional Council of Governments, as the Metropolitan Planning Organization under the provisions of the federal transportation statute, is responsible for the operation and maintenance of the continuing transportation planning process within a defined Metropolitan Planning Area, and WHEREAS, the transportation planning process is carried out by the Denver Regional Council of Governments through a cooperative agreement with the Regional Transportation District and the Colorado Department of Transportation Commission, and WHEREAS, federal regulations (23 CFR 450.308) regarding Metropolitan Planning Organizations require that the Metropolitan Planning Area include the urbanized area recognized by the United States Census Bureau as well as those areas expected to urbanize within the next twenty years, and WHEREAS,the urbanized area for the Denver Regional Council of Governments has been defined by the United States Census Bureau pursuant to the 2000 Census to include portions of Weld County, and WHEREAS, the Federal Highway Administration has encouraged the Denver Regional Council of Governments to reflect the changes in southwest Weld County in the Metropolitan Planning Area boundary, and WHEREAS, Weld County has worked with the Denver Regional Council of Governments to identify those areas expected to urbanize within twenty years in portions of southwest Weld County, and WHEREAS, the Denver Regional Council of Governments will submit a proposal to the Colorado Transportation Commission changing the Transportation Planning Regions to reflect the changes in southwest Weld County, and 2007-3679 BC0037 C C` , c A ACTION OF THE BOARD CONCERNING ARTICLES OF ASSOCIATION OF THE DENVER REGIONAL COUNCIL OF GOVERNMENTS;APPROVE PAYMENT OF ANNUAL ASSESSMENT IN ORDER TO BECOME A MEMBER OF THE DENVER REGIONAL COUNCIL OF GOVERNMENTS AND APPROVE REVISION OF THE BOUNDARIES OF THE METROPOLITAN PLANNING AREA PAGE 2 WHEREAS, pursuant to Article VI A. of the Articles of Association of the Denver Regional Council of Governments, any local government within the Transportation Planning Region may be admitted as a member of the Denver Regional Council of Governments upon adoption of the Article of Association by the governing body of the local government and upon the payment of an annual assessment, and WHEREAS, a hearing before the Board was held on the 3rd day of December, 2007, at which time the Board deemed it advisable to continue the matter to December 10, 2007, at 9:00 a.m., and WHEREAS, on said hearing on December 10, 2007, after review, it was determined by the Board of Weld County Commissioners that it would not be in the best interests of Weld County that Weld County become a member of the Denver Regional Council of Governments Transportation Planning Region. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County Colorado, that the adoption of the Articles of Association of the Denver Regional Council of Governments, and the payment of the annual assessment of$13,800.00, be, and hereby are, denied. BE IT FURTHER RESOLVED by the Board that the Weld County Attorney is directed to draft a new Resolution which provides for support of said boundary revision, limited to the issue of transportation planning only, without submission to any other functions of the Denver Regional Council of Governments, as detailed in the Articles of Association. 2007-3679 BC0037 ACTION OF THE BOARD CONCERNING ARTICLES OF ASSOCIATION OF THE DENVER REGIONAL COUNCIL OF GOVERNMENTS;APPROVE PAYMENT OF ANNUAL ASSESSMENT IN ORDER TO BECOME A MEMBER OF THE DENVER REGIONAL COUNCIL OF GOVERNMENTS AND APPROVE REVISION OF THE BOUNDARIES OF THE METROPOLITAN PLANNING AREA PAGE 3 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 10th day of December, A.D., 2007. BOARD OF COUNTY COMMISSIONERS �f ��� WE COUNTY, CO RADO ATTEST: i �y�,�f� �y'�/v/ . itr ,r7, v Long, Chair Weld County Clerk to the Board ' k jiH. Jerk , Pro-Tem BY: E.7/ -trf ��' t``.i -• \ Deputy CI to the Board �\: «'17 y<; `P � 7 '" lam F. Garcia APPR AS Vq - Robert D. Masden 1 u ty ttorney ougla Rademach r Date of signature: 1/`1/O a 2007-3679 BC0037 1 ARTICLES OF ASSOCIATION 2 3 OF 4 5 THE DENVER REGIONAL COUNCIL OF GOVERNEMENTS 6 7 As Amended February 19, 2003 8 9 ARTICLE I. Oraanization. 10 11 These Articles of Association, hereinafter referred to as the "Articles," shall constitute the 12 bylaws of the Denver Regional Council of Governments and shall regulate and govern the 13 affairs of the nonprofit corporation organized pursuant to the Colorado revised Nonprofit 14 Corporation Act, Articles 121-137 of Title 7, C.R.S., as amended, as a regional planning 15 commission pursuant to Section 30-28-105, C.R.S., as amended, and an association of 16 political subdivisions subject to Section 29-1-401 et seq., C.R.S., as amended, with the 17 authority granted pursuant to intergovernmental contracting statutes at Section 29-1-201 et 18 seq., C.R.S., as amended, known as the Denver Regional Council of Governments, 19 hereinafter referred to as the "Council." 20 21 ARTICLE II. Purpose of the Council. 22 23 The Council shall promote regional cooperation and coordination among local governments 24 and between levels of governments, and shall perform regional planning for the region as 25 authorized by statute. The Council shall also serve as an advisory coordinating agency for 26 investigations and studies for improvement of government and services in the region, shall 27 disseminate information regarding comprehensive plans and proposals for the improvement 28 of the region, and shall promote general public support for such plans and programs as the 29 Council may endorse. 30 31 ARTICLE III. Definitions. 32 33 A. "Chairman" also means chairwoman or chairperson, as the incumbent prefers, 34 and shall hold the position of president of the Council. "Vice Chairman" also 35 means vice chairwoman or vice chairperson, respectively, as the incumbent 36 prefers, and holds the position as vice president of the Council. 37 38 B. "Council" means the nonprofit corporation of the Denver Regional Council of 39 Governments, with the duties and responsibilities specified by statute, which 40 are to be carried out by the Board of Directors in accordance with the statutory 41 authority. 42 43 C. "Board of Directors" hereinafter referred to as "Board," means the body of 44 designated individual member representatives of municipalities, counties and 45 city and counties maintaining membership in the Denver Regional Council of 46 Governments. 47 48 2007-3679 1 D. "Member" means a participating county, municipality, or city and county that 2 meets the requirements for membership in the Council as specified in Article VI. 3 4 E. "Member Representative" means the local elected official, or local elected 5 official alternate, designated in writing by the chief elected official or the 6 governing body of a member county, municipality, or city and county to 7 represent that member on the Board as a voting representative. 8 9 F. "Plan" means a regional plan or a comprehensive master plan for the region as 10 defined by statute. 11 12 G. "Region" means the geographic area composed of the City & County of Denver, 13 City & County of Broomfield, and the counties of Adams, Arapahoe, Boulder, 14 Clear Creek, Douglas, Gilpin and Jefferson and other counties as may be 15 necessary in the State of Colorado. 16 17 ARTICLE IV. Declaration of Policy. 18 19 A. The Board finds and declares that the need for Council of Governments is 20 based on the recognition that, wherever people live in a metropolitan area, they 21 form a single community and are bound together physically, economically and 22 socially. It is the policy of this Council of Governments, through its members, 23 staff, and programs, to provide local public officials with the means of reacting 24 more effectively to the local and regional problems of this regional community. 25 26 B. The Board finds and declares that the need for a Council of Governments is 27 based on the recognition that: 28 29 1. Plans and decisions made by each local government with respect to land 30 use, circulation patterns, capital improvements, and so forth, affect the 31 welfare of neighboring jurisdictions and therefore should be coordinated 32 on a voluntary basis; and 33 34 2. It is imperative for the regional planning process to be directly related to 35 the elected local government decision and policymakers, the locally 36 elected public officials. 37 38 C. The Board further finds and declares that the people within the Region have a 39 fundamental interest in the orderly development of the Region, in which the 40 largest segment of the state's population is concentrated. 41 42 D. The Board further finds and declares: 43 44 1. That the members have a positive interest in the preparation and 45 maintenance of a Plan for the benefit of the Region and to serve as a 46 guide to the political subdivisions and other entities within the Region; 47 48 2. That the continuing growth of the Region presents problems that are not 49 confined to the boundaries of any single county of city; 2 1 3. That the Region, by reason of its numerous governmental jurisdictions, 2 presents special problems of development that can be dealt with best by 3 a regional council of governments and as a regional planning 4 commission created under Section 30-28-105, C.R.S., as amended; 5 6 4. That the Region is well adapted to unified and coordinated consideration, 7 and; 8 9 5. That in order to assure, insofar as possible, the orderly and harmonious 10 development of the Region, and to provide for the needs of future 11 generations, it is necessary for the people of the Region to perform 12 regional planning functions as defined by statute, and for the Council to 13 serve as an advisory coordinating agency to harmonize the activities of 14 federal, state, county and municipal agencies and special purpose 15 governments/districts concerned with the Region, and to render 16 assistance and service and create public interest and participation for the 17 benefit of the Region. 18 19 ARTICLE V. Functions. 20 21 A. The Council shall promote regional coordination and cooperation through 22 activities designed to: 23 24 1. Strengthen local governments and their individual capacities to deal with 25 local problems; 26 27 2. Serve as a forum to identify, study, and resolve areawide problems; 28 29 3. Develop and formalize regional policies involving areawide problems; 30 31 4. Promote intergovernmental cooperation through such activities as 32 reciprocal furnishing of services, mutual aid, and parallel action as a 33 means to resolve local, as well as regional problems; 34 35 5. Provide the organizational framework to insure effective communication 36 and coordination among governmental bodies in the provision of 37 functions, services, and facilities serving the Region's local governments 38 or their residents; 39 40 6. Serve as a vehicle for the collection and exchange of information of 41 areawide interest; 42 43 . 7. Develop regional comprehensive plans for the Region; 44 45 8. Serve as spokesman for local governments on matters of regional and 46 mutual concern; 47 48 9. Encourage action and implementation of regional plans and policies by 49 local, state and federal agencies; 3 1 10. Provide, if requested, mediation in resolving conflicts between members 2 and between members and other parties; and 3 4 11. Provide technical and general assistance to members within its staff and 5 financial capabilities. These services are inclusive of, but not limited to, 6 assistance designed to: 7 8 a. Identify issues and needs which are regional and beyond the 9 realistic scope of any one local government; 10 11 b. Compile and prepare, through staff and from members, necessary 12 information concerning the issues and needs for Board discussion 13 and decision; 14 15 c. Debate and concur in a cooperative and coordinated regional 16 action to meet the need or issue; 17 18 d. Implement the details of the cooperative action among affected 19 member governments, using such devices as intergovernmental 20 contracts and agreements, parallel ordinances or codes, joint 21 performance of services, transfers or consolidations of functions, 22 or special operating agencies; 23 24 e. And, in general — 25 26 (1) arrange contracts among members on an 27 intergovernmental basis; 28 29 (2) publish reports on functional problems; 30 31 (3) publish current information of regional interest; 32 33 (4) provide advice and assistance on physical land use 34 planning and other functional programs; 35 36 (5) sponsor regional training programs; 37 38 (6) sponsor or oppose legislation on behalf of the region and 39 its units of local governments. 40 41 B. The Council shall maintain a regional planning program and process. In 42 conducting regional planning, the Council shall: 43 44 1. Formulate goals and establish policies to guide regional planning 45 46 2. Be responsible for developing, approving, and implementing a regional 47 Plan through member governments; and 48 4 1 3. Be the approving and contracting agent for all federal and state regional 2 planning grants, as required. 3 4 C. The Council shall serve as the metropolitan clearinghouse and project 5 notification review agency. 6 7 D. The Council shall prepare and adopt a Plan and recommend policy for the 8 development of the Region and the provision of services in the region. The 9 Plan shall be based on careful and comprehensive surveys and studies of 10 existing conditions and probable future growth and service needs of the Region. 11 The Plan shall be made with the general purpose of guiding coordinated and 12 harmonious development that, considering present and future needs and 13 resources, will best promote the health, safety, and general welfare of the 14 inhabitants of the Region. The Plan also shall promote efficiency and economy 15 in the process of land use development and population distribution so as to 16 reduce the waste of physical and human resources that can result from 17 excessive congestion or scattering of population, and it shall promote an 18 efficient and economic utilization and conservation of the means of production 19 of food and water, of drainage courses, of sanitary and other facilities, and of 20 natural resources. 21 22 E. The Plan, with the accompanying maps, plats, charts, descriptive and 23 explanatory matter, shall show the recommendations for the development of the 24 territory covered by the Plan and the delivery of services in the Region in light of 25 the best available information, and may include recommendations on: 26 27 1. Areas for residential uses; for farming and forestry, mining and other 28 extractive industries; for manufacturing and industrial uses; for 29 wholesale, retail and other commercial uses, for recreational uses and 30 open spaces; 31 32 2. Circulation plans, including routes and terminals, and transit and 33 transportation facilities; 34 35 3. Need, priority and general location of public and quasi-public facilities, 36 such as utilities, flood control works, water reservoirs, and pollution 37 control facilities; 38 39 4. Needs, priorities, resources, and systems for the delivery of services; 40 41 5. Recommendations for regulatory and administrative measures to 42 implement the Plan, and; 43 44 6. Such other recommendations or changes and amendments to the above 45 concerning current or future problems as may, in the Council's opinion, 46 affect the Region and are proper for inclusion in the Plan. 47 48 49 5 1 ARTICLE VI. Membership 2 3 A. Members. Each municipality, county, and city and county in the Region shall be 4 eligible to be a member of the Denver Regional Council of Governments. 5 Membership shall be contingent upon the adoption of these Articles of 6 Association by the governing body of any such municipality, county, or city and 7 county and upon the payment of an annual assessment as agreed upon by the 8 Board. 9 10 B. Member Assessment. Each member's annual assessment is determined by the 11 Board when adopting the annual budget. 12 13 1. Assessments will be billed as follows, and are due within ninety (90) 14 days of billing date: 15 16 a. Minimum assessment— billed annually 17 18 b. 10% or more of the Council's total assessment— billed quarterly. 19 20 c. All others — billed semi-annually. 21 22 2. Failure by any member to remit payment of an assessment within ninety 23 (90) days following billing date shall be grounds for termination of 24 membership and such member shall be dropped from the Council's rolls 25 and denied voting privileges and any other rights and privileges granted 26 to members. 27 28 a. Not less than fifteen days prior to the termination of membership, 29 written notice shall be sent by registered mail informing the 30 member of the pending termination and loss of privileges and 31 requesting payment by a date certain to avoid termination. 32 33 b. A member whose membership has been terminated pursuant to 34 Section 2 shall be reinstated at any time during the calendar year 35 in which their membership was terminated, by payment of all 36 assessments then currently due and owing. 37 38 C. Member Representatives. Except as provided herein, only a local elected 39 official of a member may be designated a member representative, and each 40 member representative may have a designated elected alternate, as follows: 41 42 1. One county commissioner and an alternate commissioner from each 43 county, designated by the commission. 44 45 2. The mayor, or one member of the governing body and a similarly elected 46 alternate of each municipality, designated by said mayor or governing 47 body, and 48 49 6 1 3. Two representatives of Denver: 2 3 a. The mayor or, as the mayor's designee, any officer, elected or 4 appointed, of the City & County of Denver and an alternate 5 similarly designated, and 6 7 b. One Denver city council member and an alternate council member 8 designated by said council or its president. 9 10 D. Term of Office. Member representatives shall serve until replaced, but shall 11 hold such office and have Board privileges only during their terms as local 12 elected officials, or an appointed official, if applicable, in the case of the 13 alternate for the mayor of the City and County of Denver. 14 15 E. Non-voting Membership. The State of Colorado shall have three (3) non-voting 16 members on the Board, appointed by the Governor. 17 18 F. Vacancies. Any vacancy shall be filled in the same manner as is provided for 19 the original designation. 20 21 G. Receipt of Documents. Each member representative shall receive notice and 22 minutes of meetings, a copy of each report and any other information or 23 material issued by the Council. 24 25 H. Other Membership Categories. The Council may establish other categories of 26 membership appropriate to carrying out the provisions of this Article. 27 28 ARTICLE VII. Board Officers. 29 30 A. Number and Title of Board Officers. The officers shall be Chairman, Vice 31 Chairman, Secretary, Treasurer, and Immediate Past Chairman, all of whom 32 shall be member representatives, and the Executive Director. 33 34 B. Duties of Board Officers. 35 36 1. Chairman. The Chairman shall preside at all meetings of the Board and 37 shall be the chief officer of the Council in all matters acting as president. 38 39 2. Vice Chairman. The Vice Chairman shall exercise the functions of the 40 Chairman in the Chairman's absence or incapacity acting in the capacity 41 as vice president. 42 43 3. Secretary. The Secretary shall exercise the functions of the Vice 44 Chairman in the absence or incapacity of the Vice Chairman and shall 45 perform such other duties as may be consistent with this office or as may 46 be required by the Chairman. 47 48 49 7 1 4. Treasurer. The Treasurer shall exercise the functions of the Secretary 2 in the absence or incapacity of the Secretary and shall perform such 3 other duties as may be consistent with this office or as may be required 4 by the Chairman. 5 6 5. Immediate Past Chairman. The Immediate Past Chairman, who shall be 7 the most recent past chairman serving on the Board, shall exercise the 8 duties of the Chairman in the absence or incapacity of the Chairman, 9 Vice Chairman, Secretary, and Treasurer. 10 11 6. Executive Director. The Executive Director shall exercise the functions 12 of the Chief Administrative Officer or the Council and shall be 13 empowered to execute official instruments of the Council as authorized 14 by the Administrative Committee or Board. 15 16 C. Election of Board Officers 17 18 1. Officer and Terms. The Chairman, Vice Chairman, Secretary, and 19 Treasurer shall be elected by the Board at the February meeting of each 20 year. A notice of election of officers shall appear on the agenda. Each 21 elected officer shall serve a one-year term, or until the next election of 22 officers and his/her successor is elected, so long as the jurisdiction 23 he/she represents is a member of the Council, and he/she remains that 24 member's official member representative on the Board. 25 26 2. Nominating Committee for Board Officers and Additional Administrative 27 Committee Representation. 28 29 a. A nominating committee of five (5) member representatives shall 30 be appointed in November of each year; the Administrative 31 Committee shall appoint two (2), the Chairman of the Board shall 32 appoint one (1), and the Board shall appoint two (2). 33 34 b. At the January meeting of each year, the nominating committee 35 shall present to the Board nominations for officers and for the 36 three (3) additional Administrative Committee members provided 37 for in Article VIII, A.4 to be elected at the February meeting. 38 39 c. Nominations may be made from the floor, provided that the 40 consent of each nominee is obtained in advance. 41 42 D. Board Officer Vacancies. If the Chairman, Vice Chairman, Secretary, 43 Treasurer, or any of the three (3) additional Administrative Committee members 44 provided for in Article VIII.A.4. resigns or ceases to be a member 45 representative, a vacancy shall exist which shall be filled for the remainder of 46 the term by: 47 48 1. Appointment by a majority of the remaining Board officers of a member 49 representative to fill the vacancy; or 8 1 2. Creation of a nominating committee to present to the Board at least one 2 nominee to fill the vacancy if called for by a majority of the remaining 3 Board officers. The procedure for the creation of and the duties of the 4 nominating committee shall be as follows: 5 6 a. A nominating committee of five (5) member representatives shall 7 be appointed as soon as practicable after the vacancy occurs; the 8 Administrative Committee shall appoint two (2), the Chairman of 9 the Board shall appoint one (1), and the Board shall appoint two 10 (2). 11 12 b. No later than the meeting held on the month following the month 13 in which the nominating committee was appointed, the 14 nominating committee shall present to the Board at least one 15 nominee for an officer to be elected by the Board at that meeting. 16 17 c. Nominations may be made from the floor, provided that the 18 consent of each nominee is obtained in advance. 19 20 ARTICLE VIII. Administrative Committee 21 22 A. Membership on the Administrative Committee. The administrative 23 business of the Council shall be managed by an Administrative 24 Committee consisting of member representatives herein designated: 25 26 1. One member representative of each elected board of county 27 commissioners and each city council, provided each such county 28 and city contained a population of 120,000 or more as estimated 29 by the U.S. Census, the Council, or the State Demographer. 30 31 2. The Mayor or, as the Mayor's designee, any elected or appointed 32 officer of the City and County of Denver who is designated as the 33 member representative to the Board; and 34 35 3. The Chairman, Vice Chairman, Secretary, Treasurer and 36 Immediate Past Chairman of the Board; where the Chairman, Vice 37 Chairman, Secretary, Treasurer, and Immediate Past Chairman 38 are previously included in (1) or (2) of this section, the Board shall 39 designate a member representative of a county or a municipality 40 not previously included in A.1. or A.2. of this Article VIII. 41 42 4. Three additional member representatives elected by the Board to 43 serve one-year terms. 44 45 B. Election of Administrative Committee Officers. The Chairman and Vice 46 Chairman of the Administrative Committee shall be elected by the 47 Administrative Committee at its first meeting following election of Board 48 officers and to serve until the next election of officers. 49 9 1 C. Powers and Duties. The power to authorize the expenditure of funds, to 2 enter into contracts, and to execute official instruments shall be vested in 3 the Administrative Committee. The Administrative Committee shall have 4 power and authority to compensate member representatives for 5 expenses incurred in attending to the proper business of the Council. 6 The Administrative Committee shall have such other powers, duties, and 7 functions as may be authorized by the Board. The Administrative 8 Committee shall exercise certain functions related to the staff and work 9 program as described in Article XI, including the adoption of policies and 10 procedures for the effective administration of personnel matters, and 11 shall be responsible for executing an employment contract with the 12 Executive Director. 13 14 D. Meetinas of the Administrative Committee. The Administrative 15 Committee shall meet every month and may hold special meetings at the 16 call of its Chairman or by request of at least three member 17 representatives on the Administrative Committee. 18 19 E. Quorum. A quorum for the transaction of Administrative Committee 20 business shall consist of not fewer than the lowest odd number of one- 21 third (1/3), plus one, of the member representatives on the Committee. 22 23 F. Voting. A majority of those present and voting shall decide any question 24 brought before the meeting. The Administrative Committee Chairman 25 shall vote as a member of the Committee. 26 27 ARTICLE IX. Meetinas of the Board. 28 29 A. Freauencv. The Board shall meet at least quarterly and may hold 30 special meetings at the call of the Chairman, or by request of at least 31 three member representatives. 32 33 B. Notice. Notice of meetings shall be given by first class mail, post- 34 marked at least five days in advance of the meeting, or by telephone, E- 35 mail or fax, made at least two days in advance of the meeting. 36 37 C. Agenda. Any member representative shall have the right to request the 38 addition of any matter to the agenda of any Board meeting one week in 39 advance of the meeting, or by consent of a majority of the member 40 representatives at the meeting. 41 42 D. Record of Meetinas. The Board shall keep records of all its meetings. 43 The meeting records shall be public records available for inspection by 44 any interested person at reasonable times during regular office hours. 45 46 E. Open Meetinas. All meetings of the Board shall be open to the public, 47 except as provided otherwise by state statutes. 48 49 F. General Board of Directors Procedural Provision. 10 1 1. Quorum. A quorum for the transaction of Board business shall 2 consist of not fewer than one-third (1/3) of the member 3 representatives. 4 5 2. Votin . 6 7 a. Regular. Only designated member representatives or 8 alternates shall have voting privileges, which shall be 9 exercised in person. The vote of a majority of the member 10 representatives present and voting shall decide any 11 question except as otherwise provided in these Articles. 12 The Chairman shall vote as a member representative. 13 14 b. Weighted. 15 16 (1) Upon the specific request of any member 17 representative, whether seconded or not, a weighted 18 vote must be taken in compliance with a weighted 19 vote resolution in effect at the time of the request. 20 21 (2) Denver Allotment. In any weighted vote, the Mayor 22 of the City and County of Denver, or his alternate, is 23 authorized to cast two-thirds (2/3) of the total vote 24 allotted to the City and County of Denver and the 25 member representative designated by the City 26 Council of the City and County of Denver or its 27 President is authorized to cast one-third (1/3) of the 28 total vote allotted to the City and County of Denver. 29 30 (3) Plans and Articles of Association. Adoption and 31 amendment of plans pursuant to state statute and 32 amending the Articles of Association shall be 33 accomplished without the use of the weighted voting 34 system. 35 36 c. Plan Adoption and Amendment. An affirmative vote of a 37 majority of member representatives shall be required for 38 the adoption or amendment of the Plan, or portion thereof, 39 in accordance with Article X. 40 d. Amendment of Articles of Association. An affirmative vote 41 of a majority of member representatives shall be required 42 for the amendment of these Articles, in accordance with 43 Article XIV. 44 45 e. Mail Vote. The Chairman shall, on the Chairman's own 46 initiative, or when so directed by the Board, declare that 47 action on any motion or resolution, including plan adoption 48 or amendment and amendment of the Articles of 49 Association, shall be taken by certified mail vote of member 11 1 representatives or their alternates, or if neither has been 2 appointed by a member, its chief elected official may vote 3 instead. Certified mail votes shall be returned by the next 4 regular Board meeting, and any action becomes effective 5 on the date the Chairman certifies the results to the Board. 6 7 2. Rules of Order. Except as otherwise required by these Articles, 8 the rules of order of the Council shall be in accordance with the 9 latest edition of Robert's Rules of Order. Revised. 10 11 ARTICLE X. Powers and Duties. 12 13 A. Comprehensive Reaional Plan. The Council shall prepare, maintain and 14 regularly review and revise a Plan for the Region. In preparing, 15 maintaining, reviewing and revision the Plan, the Council shall seek to 16 harmonize the master or general comprehensive plans of municipalities, 17 counties, and other public and private agencies within or adjacent to the 18 Region. The Council shall seek the cooperation and advice of 19 municipalities and counties, state and federal agencies, organizations 20 and individuals interested in the functions of the Council. 21 22 B. Plan Adoption. The Board may adopt the Plan or portions thereof, or 23 amendments or additions thereto, by a majority vote of member 24 representatives. In the case of a Regional Wastewater Management 25 Plan, such adoption shall be preceded by notice and public hearing as 26 provided in Section 25-8-105, C.R.S., as amended. Any such plan, 27 portion thereof, or amendment or addition thereto, shall correspond 28 generally with one or more of the functional subdivisions of the subject 29 matter which may be included in the Plan by law. The resolution shall 30 refer expressly to the maps and descriptive matter intended by the Board 31 to form the whole or part of the Plan. The action taken shall be recorded 32 on the maps and descriptive matter by the signature of the Secretary- 33 Treasurer of the Board. 34 35 C. Certification of Plan. The Council shall certify copies of the adopted 36 Plan, portion thereof, or amendment or addition thereto, to the board of 37 county commissioners and planning commission of each county and the 38 city council and planning commission of each municipality lying wholly or 39 partly within the Region. 40 41 D. Review of Local Plan Referrals. The Council shall review all matters 42 referred to it in accordance with law. The Council may initiate review of 43 local laws, procedures, policies, and developments, including any new or 44 changed land-use plan, zoning codes, sign codes, urban renewal 45 projects, proposed public facilities, or other planning functions that 46 clearly affect two or more local governmental units, or that affect the 47 Region as a whole, or that are subjects of primary responsibility for the 48 Council. Within thirty days after receipt of any referred case, the Council 12 1 shall report to the concerned commission or body. An extension of time 2 may be mutually agreed upon. 3 4 E. Committees. The Board may establish committees of the Board and 5 advisory committees to the Board as necessary, and the Chairman of the 6 Board, except as otherwise provided by the Board, shall appoint the 7 membership of these committees. 8 9 F. Cooperation with Others. The Council may promote and encourage 10 regional understanding and cooperation through sponsorship and 11 participation in public or private meetings, through publications, or 12 through any other medium. The Council may offer its facilities and 13 services to assist in the solution and mediation of problems involving two 14 or more political jurisdictions. 15 16 G. Functional Review. The Council may study and review the nature, 17 scope, and organization under which the functions of the Council may 18 best be carried on, and report to federal, state, and local jurisdictions, 19 and agencies thereof, on ways to improve proposals concerning 20 legislation, regulations, and other actions taken for the effectuation of the 21 provisions of these Articles. 22 23 H. Coordination of Research. The Council may make recommendations to 24 legislative bodies, planning commissions, and other organizations and 25 agencies within the Region for the coordination of research, collection of 26 data, improvement of standards, or any other matter related to the 27 activities of the Council. 28 29 I. Contracts. The Council may contract for any service necessary or 30 convenient for carrying out the purposes of the Council. 31 32 J. Real Property. As provided in the Council's Articles of Incorporation, the 33 Council shall have all the powers granted to nonprofit corporations by 34 Articles 121 through 137 of Title 7, C.R.S., as amended, but the Board 35 reserves final approval of the acquisition and disposition of real property. 36 37 38 ARTICLE XI. Council Executive Director. 39 40 A. The Board after receiving a recommendation of the Administrative 41 Committee and by the affirmative vote of a majority of member 42 representatives shall appoint an Executive Director hereinafter referred 43 to as the "Director," who shall serve at the pleasure of the Board. The 44 Board shall establish a performance evaluation process for the Executive 45 Director. 46 47 48 13 1 B. The Director shall be the Chief Administrative Officer and authorized 2 recording officer of the Council. The Director shall administer and 3 execute all other functions and duties determined by the Board, including 4 but not limited to the following: 5 6 1. Appointment, removal, compensation and establishment of the 7 number and duties of the Council staff. 8 9 2. Serve, or designate personnel to serve, as recording secretary of 10 the Council and be responsible for preparing and maintaining all 11 records and information required by law to be kept by nonprofit 12 corporations, including those records required to be kept by 13 Section 7-136-101, C.R.S., and for authenticating the records of 14 the Council; 15 16 3. Designate personnel to provide staff services to committees; and 17 18 4. Serve as registered agent for the Council and register as such 19 with the Colorado Secretary of State. 20 21 ARTICLE XII. Filino of Local Reports. 22 23 To facilitate planning and development of the Region, all legislative bodies, planning 24 agencies, and others within the Region are requested to file with the Council all public plans, 25 maps, reports, regulations and other documents, as well as amendments and revisions 26 thereto, that are related to the activities of the Council. 27 28 ARTICLE XIII. Financial Provisions. 29 30 A. gudaet Submission to the Administrative Committee. Each year, at the regular 31 August meeting of the Administrative Committee, the Director shall submit an 32 estimate of the budget required for the operation of the Council during the 33 ensuing calendar year. 34 35 B. Budoet Approval by the Board. At the next regular meeting of the Board, the 36 budget approved by the Administrative Committee, provided thirty days have 37 expired, shall be presented for approval by the Board. The funds required from 38 the City and County of Denver and each municipality and county in the region 39 shall be apportioned as determined by the Board in the approved budget. 40 C. Contract and Other Funds. The Council is specifically empowered to contract 41 or otherwise participate in and to accept grants, funds, gifts, or services from 42 any federal, state, or local government or its agencies or instrumentality thereof, 43 and from private and civic sources, and to expend funds received therefrom, 44 under provisions as may be required of and agreed on by the Council, in 45 connection with any program or purpose for which the Council exists. 46 47 D. Records and Audit, The Council shall arrange for a systematic and continuous 48 recordation of its financial affairs and transactions and shall obtain an annual 49 audit of its financial transactions and expenditures. 14 1 2 ARTICLE XIV. Adoption and Amendment of Articles of Association. 3 4 A. The Articles shall become effective upon their adoption by the boards of county 5 commissioners, the Denver city council, and any city council or board of 6 trustees within or adjacent to the region desiring to participate in the Council 7 activities. 8 9 B. These Articles may be amended at any regular meeting of the Board by an 10 affirmative vote of a majority of the member representatives, provided that at 11 least one week's notice in writing be given to all member representatives setting 12 forth such amendment. These Articles may also be amended by an affirmative 13 vote of a majority of member representatives obtained through a certified mail 14 vote in accordance with Article IX, E, 2, e when so directed by the Board or on 15 the initiative of the Board Chairman. 15 1 AMENDMENT HISTORY 2 3 4 • AMENDED July 19, 1966. Provided for local elected official representation. 5 6 • AMENDED April 18, 1967. General assembly representation added. Policy Advisory 7 Committee created. 8 9 • AMENDED July 18, 1967. Quorum changed from 1/2 to 1/3. 10 11 • AMENDED April 15, 1968. (Effective July 1, 1968) Name changed to "Denver Regional 12 Council of Governments" 13 14 • AMENDED December 17, 1968. Changed election date to first meeting in year. 15 Added municipal representation of Executive Committee. 16 17 • AMENDED March 25, 1970. Provided for membership on Executive Committee by 18 either the mayor of the City and County of Denver or the deputy mayor. 19 20 • EXTENSIVELY AMENDED February 16, 1972. Incorporated the changes of the 21 Committee on Structure and Organization. See S & O Report. 22 23 • AMENDED November 15, 1972. (effective January 1, 1973) Provided for a weighted 24 voting formula for the participating membership. 25 26 • AMENDED May 16, 1973. Incorporated a section regarding members which are 27 delinquent in payment of annual assessments. 28 29 • AMENDED January 16, 1974. Included the Counties of Clear Creek, Douglas and 30 Gilpin on the Executive Committee, provided each such county contained a population 31 of 120,000 or more. 32 33 • AMENDED June 18, 1974. Clarified the section on officers and their election, and 34 provided for a nominating committee for election of officers each year. 35 36 • AMENDED January 19, 1977. Added three non-voting members, to be named by the 37 Governor, to the full Board as outlined in the Metropolitan Planning Organization 38 Memorandum of Agreement. 39 40 • AMENDED August 3, 1977. (through mail ballot) Increase the membership on the 41 DRCOG Executive Committee from 6 to 8 by adding the Vice Chairman and Secretary- 42 Treasurer of the Board to the Executive Committee membership. 43 44 45 16 1 • AMENDED December 19, 1979. Made the Immediate Past Chairman of the Board an 2 officer of the Board, and by virtue of being a Board officer, the Immediate Past 3 Chairman would also be a member of the Executive Committee. This increased the 4 Board officers from 4 to 5 and the Executive Committee from 8 to 9. 5 6 • AMENDED December 16, 1981. Changed the name of the policymaking body from 7 "Council" to "Board of Directors"; Provided definitions of Council, Board of Directors, 8 member, and member representative; Provided for Executive Committee alternates; 9 Provided clarification and modification of certain agency procedures; and made 10 extensive editorial changes. 11 12 • AMENDED June 22, 1983. Changed the structure of DRCOG from an unincorporated 13 association to a nonprofit corporation, designated officers of the corporation, and 14 provided for Board approval of real property transactions. 15 16 • AMENDED March 19, 1986. Changed to provide for election of Executive Committee 17 officers at the first meeting following election of Board officers. 18 19 • AMENDED February15, 1989. Expanded Executive Committee membership from 9 to 20 12 members with the three new members elected by the Board; provided for Board 21 designation of a member representative of a county or a municipality to the Executive 22 Committee in instances where the officers of the Board are already included as 23 members of that Committee. 24 25 • AMENDED July 17, 1991. Provided the Mayor of Denver with a designee and an 26 alternate to the Board; added a process for filling Executive Committee vacancies; 27 changed the Mayor of Denver's alternate on the Executive Committee from the Deputy 28 Mayor to the Mayor's designated representative to the Board; clarified the powers and 29 duties of the Executive Committee regarding personnel matters and the Executive 30 Director; revised the process for certification of adopted plans; and made extensive 31 editorial changes to conform to statutory language. 32 33 • AMENDED June 17, 1998. Made technical changes in accordance with the newly 34 adopted Colorado Revised Nonprofit Corporation Act regarding notice of meetings, 35 termination of membership, and responsibilities for record keeping. 36 37 • AMENDED July 21, 1999. Revised to provide membership on the Executive Committee 38 for counties with 120,000 or more estimated by either the U.S. Census, the Council or 39 the state demographer. 40 41 • AMENDED April 18, 2001. Revised to change the Executive Committee name to 42 Administrative Committee and provide membership on the Administrative Committee 43 for each county and city containing a population of 120,000 or more. 44 45 17 1 • AMENDED January 15, 2003. Revised to split the Board Officer position of Secretary- 2 Treasurer, creating the positions of Secretary and Treasurer, thus expanding the 3 Administrative Committee membership, and to recognize the City and County of 4 Broomfield. 5 6 • AMENDED February 19, 2003. Revised Board and Administrative Committee officer 7 terms and revised Administrative Committee quorum. 8 18 /I I n a. o _L $ a as l o o• o a " • O 9- m A ii, ,,,r- p q I I _ 1O i 1 �—' N t d s n _ O d a C Lf z 0 O i LL s 7n ---H 1 ,Th "'t ' \ I L i4ttT1L • o �� O n [t } l a 1 t ' g:: 'w' F a -to I I NCirrodi O if _ � t m ✓ ZO -r--- 1 'a. . A 4.S 7 \ "1 - 1 a I I I iip -J — O N D- i v - ,P— • c u) I i o b ', Pa' °Ip I C O r : I �� 4 f 'N CO �M� I� d.` p 'i G 'S 1e c iJ iql� IL IS N,. d ii la E ..)--L,_b 1— v 't t Z 1 t��jp.� � .� �, ®� p,. �.. •A7 *1 ��k -'11 lA 5a3 ill S`/ i . i., 1_. ill 'e pry.\\ II ', N N L eOMAIU Q'9 'sa. NEM w i1g : " � r � _ CO O Hello