HomeMy WebLinkAbout870987 RESOLUTION
RE: APPROVE RATIFICATION OF ARTICLES OF ASSOCIATION OF NORTH
FRONT RANGE WATER QUALITY PLANNING ASSOCIATION AND AUTHORIZE
CHAIRMAN TO SIGN
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 Board has been presented with the Articles of
Association for the North Front Range Water Quality Planning
Association, and
WHEREAS , after review, the Board deems it advisable to
approve said Articles of Association, a copy being attached hereto
and incorporated herein by reference .
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Articles of
Association of the North Front Range Water Quality Planning
Association be, and hereby are, ratified.
BE IT FURTHER RESOLVED by the Board that the Chairman be , and
hereby is, authorized to sign said Articles of Association.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 27th day of
July, A.D. , 1987 .
'1/411142,u4
,y�� BOARD OF COUNTY COMMISSIONERS
ATTEST: /11, ,u WELD COU I ADO
Weld County Clerk and Recorder
and Clerk to the Board Gor _o a airman
BY: J � 4'nit
/Depot Deputy
P. C, sp�1. Kir y, Pro m
Deputy Couy C erk C.
APPROVED AS TO FORM: Gene R. Brantner
Ja ue e J h s
County Attorney
Frank amaguchi
870987
ARTICLES OF ASSOCIATION
NORTH FRONT RANGE WATER QUALITY PLANNING ASSOCIATION
The undersigned Counties, Municipal Corporations and Districts ,
wishing to exercise the powers set forth in Article XIV, Section
18( 2 ) of the Colorado Constitution and Part 2 of Article 1 of Title
29 , CRS, as amended, hereby create the North Front Range Water Quality
Planning Association, herein known as the "Association, " and adopt
these Articles of Association.
ARTICLE I
PURPOSE
1 . The Association shall promote regional water quality
planning cooperation and coordination among local governments and
others and between levels of government in Larimer County and Weld
County which constitute the geographical area represented by its
members , and which is referred to herein as the "Region. " The need for
a Water Quality Planning Association is based on the recognition
that the 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 Association through its participating membership,
staff and programs, to provide local officials with the means of
responding more effectively to the local and regional water quality
concerns of this regional community.
In order to assure orderly and harmonious water quality
planning in the Region, and to provide for the needs of future
generations, it is necessary for the Association to serve as an
advisory coordinating agency as weal as the body politic specifically
empowered as designated herein, to harmonize the activities of
federal, state, county and municipal agencies within the Region, and
to render assistance and service and create public interest and
participation for the benefit of the Region.
2. The Association may promote regional coordination and
cooperation through activities designed to:
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a. Strengthen local governments and their individual
capacities to deal with local water quality problems;
b. Serve as a forum to identify, study and resolve areawide
water quality problems;
c. Develop and formalize policies involving regional water
quality problems;
d. Provide the organizational framework to insure effective
communication and coordination among governmental bodies ;
e. Serve as a vehicle for the collection and exchange of water
quality information of regional interest;
f. Develop comprehensive water quality management plans for
the Region;
g. Represent the members as a group on matters of regional
and mutual water quality concern; except members shall not
be limited in expressing contrary views should they deter-
mine that an overriding local interest exists ;
h. Encourage action and implementation of regional plans and
policies for water quality control by local, state and
federal agencies;
i . Provide technical and general assistance to members within
its staff and financial capabilities . These services are
inclusive of, but not limited to, services designed to:
. (1 ) Identify water quality issues and needs which are
regional and beyond the realistic scope of any one local
government or member;
( 2) Compile and prepare, through staff and from members ,
the necessary information concerning the issues and needs
for Association discussion and decision;
(3 ) Obtain a consensus and coordinate regional action to
meet the need or issue;
( 4) Implement the details of the cooperative action among
affected members, using such devices as contracts and
agreements, parallel ordinances or codes, joint performance
of services, transfers or consolidations of functions, or
special subordinate operating agencies;
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( 5 ) And, publish current information of regional interest.
3. The Association shall be a body politic and corporate, and
as such, shall have all the powers necessary to accomplish its
purposes . Because its activities are of a regional, areawide, or
multigovernmental nature, it shall constitute the entity to perform
those regional and areawide functions which maybe authorized by the
Federal Clean Water Act or the Colorado Water Quality Control Act.
To effectuate such powers , the Association shall:
a. Provide comprehensive areawide water quality planning; and
b. Be the designated entity for the purpose of receiving
local, state or federal assistance to areawide or regional
governmental entities for areawide water quality planning .
c. Be able to employ staff or contract for services .
ARTICLE II
MEMBERSHIP
1 . The initial members of the Association are those govern-
mental entities subscribing to these Articles . Any county,
municipality, water conservancy district, special district which
provides water or sewer services , or potential associate member
located within the Region or located in any county contiguous to the
Region may be admitted as a member of the Association upon the
affirmative vote of a majority of the Association.
The Association may impose such conditions upon such member-
ship as it deems necessary to preserve the structure and integrity
of the Association, including but not limited to, requiring a contri-
bution to capital.
2. Any member may withdraw from the Association upon not less
than six months ' written notice prior to the end of any calendar
year. Such notice shall be delivered to the Secretary of the
Association. No such withdrawal shall serve to excuse the payment
of any sums or performance of any obligation agreed to be paid or
performed prior to the giving of such notice, or the payment of any
sums for services actually performed prior to the end of such calendar
3 870987
year. No withdrawing member shall be entitled to distribution of
any assets of the Association.
ARTICLE III
REPRESENTATION
1 . The business of the Association shall be conducted by
representatives of the members, determined as follows:
One (1 ) representative of each county making at least the
minimum contribution, who shall be a member of the Board of
Commissioners or its designee.
One (1) representative of each municipality making at least
the minimum contribution, who shall be the mayor, a member of the
City Council or Town Board or its designee.
One (1) representative of each special district or water
conservancy district making at least the minimum contribution, who
shall be a member of the District Board or its designee.
One (1) representative of each combination of two or more
municipalities with populations less than 3 ,000 and/or districts ,
which combination makes at least the minimum contribution, who shall
be a mayor, a member of the City Council or Town Board, a member of
the District Board or the designee of the members of the combination,
as such members may decide among themselves.
- One (1 ) representative of each Associate member making at
least the minimum contribution.*
One (1 ) representative of each combination of two or more
Associate members, which combination makes at least the minimum
contribution, who shall be chosen as the members of the combination
may decide among themselves .* t
* Associate membership is open to entities
interested in the purposes of the Association,
and may include, but is not limited to, any of the following: businesses and industries, y
federal government agencies, state government
agencies and chambers of commerce. The number
of representatives of Associate members and of
interest groups shall not exceed the number of
all other representatives combined. In the event
the allowable number of such representatives
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would be exceeded, then the right to represen-
tation as determined above shall be abated in
reverse order of date of admission of the
Associate members, and all Associate members
whose representation is abated shall constitute
a combination with one representative until the
allowable number changes.
Not more than three (3 ) representatives of interest groups
from the following categories admitted to membership by the
representatives listed above, which memberships shall not require
making the minimum contribution and shall be for a duration of one
year: community action groups, the agriculture industry, the
livestock industry, environmental organizations , soil conservation
districts and those small towns which are not regular members. In
no event shall the number of representatives of interest groups
exceed the number of members from interest groups.
2. Each representative serving the Association shall serve
at the direction of the member(s) he/she represents. Vacancies
occurring on the Association from time to time shall be filled in
the same manner as, is provided for in the original designations.
3 . Each representative may have an alternate, who shall be
selected in the same manner as the representative.
ARTICLE IV
OFFICERS
1. The officers of the Association shall consist of a
Chairperson, a Vice-Chairperson, a Secretary-Treasurer and such
additional officers as the Association may determine from time to time.
2 . In November of each year the Association shall appoint a
Nominating Committee for the purpose of nominating candidates for
the offices of Chairperson, Vice-Chairperson, Secretary-Treasurer
and the four representatives of the general membership on the Executive
Committee.
a. The Nominating Committee shall consist of five (5)
representatives of members of the Association.
b. The Nominating Committee shall contact all member entities
soliciting written recommendations for the above-stated
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offices and shall make its report to the Association at
the first meeting each year. Nominations will be accepted
from the floor following the Nominating Committee' s report.
Newly-elected officers will take office upon election.
3. Vacancies in any office shall be filled by the Association. -
4 . The duties of the officers shall be as follows :
a. The Chairperson shall preside at all meetings of the
Association. He/she shall be the chief executive officer
of the Association. As a qualification for office, except
for the initial Chairperson, he/she shall have served at
least one year as a representative of the Association. No
Chairperson shall serve in that capacity in excess of three
( 3 ) consecutive years.
b. The Vice-Chairperson shall serve in the absence of the
Chairperson, and, in addition, shall assist the Chairperson
and shall perform such other duties as may be assigned by
the Association.
c. The Secretary-Treasurer shall be the custodian of the books
and records of the Association, shall keep the minutes of
all meetings , shall be the chief fiscal officer of the
Association and shall perform such other duties as may be
assigned by the Association.
d. The Association may designate an assistant secretary and
an assistant treasurer, who need not be representatives
of members, and who shall perform such duties as may be
assigned by the Association.
r
5. The Association may employ a staff or may contract for
such expert services as the Association, in its discretion, may
determine.
6 . The Association may require its officers to furnish bonds,
at the expense of the Association.
ARTICLE V
MEETINGS AND VOTING
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1 . The Association shall meet at least bi-monthly, at a time
and place set forth in the minutes of the Association, and at such
other times as the Chairperson may direct. All such meetings shall
be open to the public and be tape recorded.
2. A majority of the representatives shall constitute a quorum.
3. Once a quorum has been established, a majority of those
present and voting shall be required to adopt any matter before the
Association.
4. Each representative shall have one (1) vote to be cast in
person or by the alternate, and there shall be no voting by proxy.
5 . The Association, by majority vote of its representatives,
may go into executive session for the purpose of discussing personnel
matters and meeting with attorneys representing the Association in
an adversarial situation, and for any other purpose authorized by
and consistent with the Colorado Open Meetings Law.
ARTICLE VI
COMMITTEES
The Association may establish working committees as is necessary,
and shall provide for the appointment of the membership of said
committees. These appointments, where necessary, shall be in accor-
dance with state and/or federal requirements .
ARTICLE VII
EXECUTIVE COMMITTEE
1. There shall be an Executive Committee which shall consist
of the following: the Chairperson, Vice-Chairperson, Secretary-
Treasurer and four ( 4) additional, representatives.
2. The four ( 4 ) additional representatives on the Executive
Committee shall be elected by the Association at its first meeting
each year, subject to nominating provisions enumerated in Article IV
of these Articles.
3. Officers of the Executive Committee shall be the same as
the officers of the Association. Any vacancies shall be filled the
same as under Article IV.
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870987
4 . a. The Executive Committee shall carry out the
administrative functions and policies of the
Association.
b. The Executive Committee shall propose an annual budget
and annual plan of operations to the Association.
c. The Executive Committee may appoint ad hoc or special
committees from those who are representatives to the
Association.
d. The Executive Committee shall conduct the business
of the Executive Committee within the policy guide-
lines of the Association.
e. The Executive Committee shall review and authorize
all legal contracts, agreements , etc. between the
Association and other agencies .
f . The Executive Committee shall review and submit to
the Association all amendments to the Articles of
Association.
5 . a. The Executive Committee shall meet at such times as
set forth in the minutes , or at other times as set by
the Chairperson, and announced at least seven ( 7 )
days in advance by mail notification to the full
membership. All such meetings shall be open to the
public and be tape recorded, with minutes prepared
and distributed to the entire membership.
b. Five (5 ) members of the Executive Committee shall
constitute a quorum.
c. Each member of the Executive Committee shall have one
•
vote. A simple majority of the members of the Executive
Committee present and voting shall pe required to
approve any matter before the committee. Proxies
will not be used.
6 . The Executive Committee, by majority vote of its members,
may go into executive session for the purpose of discussing personnel
matters and meeting with attorneys representing the Association in
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an adversary situation, and for any other purpose authorized by and
consistent with the Colorado Open Meetings Law.
ARTICLE VIII
BUDGET AND FINANCE
1 . Each year prior to July 1 the Executive Committee shall
submit to the Association and the Association shall adopt a preliminary
budget required for the operation of the Association during the
ensuing calendar year which shall also be the fiscal year. Upon
approval of such preliminary budget the funds required by the
Association shall be apportioned among the members by formula as
determined by the Association. A membership contribution schedule
shall be included as an integral part of the budget.
2 . The final budget shall be approved by resolution of the
Association membership no later than December 1st of each year.
Contributions shall be due and payable on January 15 each year.
3 . The Association is specifically empowered to contract or
otherwise participate in and to accept grants, funds, gifts , or
services from any federal , state or local government or its agencies
or instrumentalities thereof, and from private and civic sources,
and to expend funds received therefrom, under provisions as may be
required and agreed to by the Association, in connection with any
program or purpose for which the Association exists.
4 . The Association shall arrange for a systematic and
continuous recordation of the Association 's financial affairs and
transactions and shall obtain an annual audit of its financial
transactions and expenditures, or as otherwise required by law.
5 . The Association may authorize any officer or officers ,
agent or agents, to enter into any contract or execute and deliver
any instrument in the name of or on behalf of the Association, and
such authority may be general or confined to special instances.
6 . No loan shall be contracted on behalf of the Association,
and no evidence of indebtedness issued in the name of the Association
shall be signed by such officer or officers, agents or agents, of
the Association.
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7 . All funds of the Association not otherwise employed shall
be deposited from time to time to the credit of the Association in
such banks, trust companies, or other depositories as the Association
may select.
ARTICLE IX
AMENDMENT
These Articles may be amended by two-thirds vote of the represen-
tatives present at any regular meeting of the Association, provided
at least 30 days ' written notice of the proposed amendment has been
given to the members.
ARTICLE X
DISSOLUTION
The Association may be dissolved upon the affirmative vote of
the Association. Upon dissolution, the affairs of the Association
shall be wrapped up, assets liquidated, debts and other obligations
paid, and remaining assets distributed among the then members in the
same proportions as such members ' payments to the Association during
the year next preceding the year of dissolution.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY C
By: 7/27/87
. L y, airman {{--
ATTEST: ` l ,i: 2fCPM�.c.1-rti
Weld County Clerk and Recorder
and Clerk to
the Boardd /✓l �1�
By: /l /tL.G= , yi ha ..
eputy County Clerk
10 870987
MEmORAIMUM
Board of
WIID€ To County Commissioners Date July 14 , 1987
COLORADO From Lee D. Morrison, Assistant County Attorney
Subject: Articles of Association of the North Front
Range Water Quality Planning Association
Attached please find the final proposal for the Articles of
Association for the North Front Range Water Quality Planning
Association. These were worked out at the work session of June
24 . Tc my knowledge, they are basically consistent with your
prior understanding of the proposal. I am not aware that any of
the major entities have any further problems with these articles .
Mark Rybus of the City of Greeley indicated that the City Council
would be reviewing the matter at a committee of the whole this
week. I am intending to place this matter on the agenda for
Monday unless you advise me otherwise. It is the goal of the
group to have the major entities ratify this agreement prior to
August 1 in order to allow for sufficient lead time for the State
and. EPA review prior to the expiration of COG on October 1 . Don
Warden has also reviewed the agreement and does not identify any
problems.
ee D. Morrison
Assistant County Attorney
LDM: ss
OKAY FOR AGENDA NOT OKAY FOR AGENDA
Gordon E. Lacy V
C. W. Kirby ,'
Gene R. Brantner
Jacqueline Johnson
Frank Yamaguchi
870987
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