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
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