HomeMy WebLinkAbout871182.tiff RESOLUTION
RE: APPROVE ESTABLISHMENT OF NORTH FRONT RANGE TRANSPORTATION AND
AIR QUALITY PLANNING COUNCIL
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 designation of a Metropolitan Planning
Organization is required under Section 134 of Title 23 , U.S.C. , as
amended, for the use of Federal funds in transportation projects
within U.S . Census designated urbanized areas , and
WHEREAS, the Fort Collins area, composed of the City of Fort
Collins and portions of unincorporated Larimer County, and the
Greeley area, composed of the City of Greeley, the City of Evans,
the Town of Garden City, the Town of La Salle , and parts of
unincorporated Weld County, were designated as urbanized by the
U.S . Census following the 1980 Census, and
WHEREAS, Section 174 of the Clean Air Act, as amended,
requires that, for areas which have not attained national
standards for carbon monoxide and other designated pollutants, the
State and officials of local government shall jointly determine an
implementation plan to bring the area into compliance , and
WHEREAS , Section 174 of the Clean Air Act further requires
that an organization of local elected officials , hereinafter
referred to as the Local Planning Agency (LPA) , shall be
designated under an agreement between the State and local
governments to prepare such an implementation plan, and
WHEREAS, Section 174 of the Clean Air Act stipulates that,
where feasible , such an organization shall be the Metropolitan
Planning Organization designated to conduct the transportation
planning process for the area under Section 134 of Title 23 ,
U.S .C. , and
WHEREAS, both the Greeley and Fort Collins areas have not
attained national standards for carbon monoxide , and
WHEREAS, Weld County has determined that the North Front
Range Transportation and Air Quality Planning Council is the most
appropriate entity to be designated as the Metropolitan Planning
Organization and as the LPA for the urbanized areas .
NOW, THEREFORE, RE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that Weld County does
accept the Articles of Association for the North Front Range
Transportation and Air Quality Planning Council but chooses to
abstain from full membership in the Council at this time.
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RE: NORTH FRONT RANGE TRANSPORTATION & AIR QUALITY COUNCIL
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 14th day of
September, A.D. , 1987 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD C UNm , C ORADO
ty C Weld Coun rk and Recorder
and Clerk to the Board G E. ac _hairman
/,yl
BY: C. . Kirb , Pro- em�
/iv4P
Dep�ounterk � -
APPROVED AS TO FORM: Gene R. ' , � �/�rwYhvBrantner
�� Ja ., =��, e J.h' so-7 County Attorney 'Par
Frank mag chi
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ARTICLES OF ASSOCIATION
NORTH FRONT RANGE TRANSPORTATION AND
AIR QUALITY PLANNING COUNCIL
The undersigned Counties and Municipal Corporations, 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 TRANSPORTATION PLANNING COUNCIL AND AIR
QUALITY PLANNING COUNCIL, herein known as the "Council " and adopt these
Articles of Association, herein also known as the "Articles."
ARTICLE I
PURPOSE
1. The Council shall promote regional transportation and transportation
related air quality planning, cooperation and coordination among
Federal , State and local governments and between levels of government
within the geographical area referred to herein as the "Area" and shown
in Exhibit 1. The need for a transportation and air quality planning
organization is based on the recognition that the people in the Area
form a community bound together physically, environmentally,
economically, and socially. It is the purpose of the Council , through
its participating membership and its programs, to provide local
officials with a means of responding more effectively to regional
transportation and transportation related air quality issues and needs.
Ordered and effective transportation and air quality planning in the
Area requires the Council to coordinate the activities of Federal ,
State, County, and municipal agencies which are involved in the
delivery of transportation facilities and services and protection of
air quality. The Council should also consider the activities and needs
of the private sector and public franchised carriers involved in
providing transportation services and facilities within the Area.
2. The Council shall promote and encourage regional coordination and
cooperation in matters relating to transportation and transportation
related air quality planning through activities designed to:
a. Provide a forum to identify, study, and recommend solutions to
regional transportation and transportation related air quality
problems.
b. Develop and formalize policies involving regional transportation
and transportation related air quality planning and coordination of
Federal and State funding assistance.
c. Provide the organizational framework to ensure effective
communication and coordination among governmental bodies and
between public and private agencies involved in the delivery of
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public transportation services and facil ities and protection of air
qual ity.
d. Serve as a vehicle for the collection and exchange of
transportation and air quality related information and expertise.
e. Develop and approve regional transportation and transportation
rel ated air quality plans in accordance with rel evant Federal ,
State, and local regulations and pol icies.
f. Represent the members as a whole on matters of regional and mutual
transportation and transportation related air quality concern;
except that members shall not be limited in expressing contrary
views should they determine that an overriding local interest
exists.
g. Encourage action and implementation of regional plans and policies
for transportation improvement by local , State and Federal
agencies.
h. Coordinate transportation rel ated air quality planning issues.
i. Identify and promote effective alternative transportation modes to
the automobile.
3. The Council shall be a body pol itic and corporate, and as such, shall
have all the powers necessary to accomplish its purposes. Because its
activities are of a regional and multigovernmental nature, it may
constitute the entity to perform those regional functions which are
authorized by the Federal Surface Transportation Assistance Act and the
Clean Air Act. To implement such powers, the Council will :
a. Undertake comprehensive, regional transportation and transportation
related air quality planning; and
b. Be the designated entity for the purpose of receiving local , State,
and Federal assistance for the purposes of undertaking
transportation planning, air qual ity planning, or for such purposes
the Council deems related to those purposes stated above in Article
I , Part 2.
c. Be able to contract for services.
ARTICLE II
MEMBERSHIP
1. The initial members of the Council are those governmental entities
located within the Area subscribing to these Articles. Any general
purpose local government within the Area may be admitted as a member of
the Council upon the affirmative vote of a majority of the Council .
The Council may impose such conditions upon such membersh-ip as it deems
necessary to preserve the structure and integrity of the Council ,
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including, but not limited to, requiring financial support for its
continued opperation.
2. Any member may withdraw from the Council upon not less than six months'
written notice. Such notice shall be delivered to the Chairman of the
Council . No such withdrawal shall serve to excuse the payment of any
sums or performance of any obl igations agreed to be paid or performed
prior to the giving of such notice, or the payment of any sums for
services actually performed during the six month period of notice.
ARTICLE III
REPRESENTATION
1. The business of the Council shall be conducted by representatives of
the members, determined as follows:
a. One (1) representative respectively of each county or municipal
corporation, who shall be a member of the duly elected Board of
Commissioners or City Council or Town Board.
b. Voting memberships may be granted to state or federal entities at
the discretion of the Council . Such memberships shall not be
conditioned upon contribution to the Council .
2. Non-voting memberships may be granted to any publ ic or private entity
involved in transportation or air quality with conditions for such
memberships to be determined by the Council .
3. Each representative serving on the Council shall serve at the direction
of the member she/he represents. Vacancies occurring on the Council
from time to time shall be filled in the same manner as is provided for
in the original designations.
4. 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 Council shall consist of a Chairperson and a
V ice-Chairperson.
2. Each officer will serve a term of one year, with the term to run from
January 1 through December 31. Nominations and elections will be held
during the first meeting held during the calendar year.
3. Vacancies in any office shall be filled by the Council .
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4. The duties of the officers shall be as follows:
a. The Chairperson shall preside at all meetings of the Council . No
Chairperson shall serve in this capacity in excess of two (2)
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 Council .
5. The Council may contract for such sery ices as the Council , in its
discretion, may determine.
ARTICLE V
MEETINGS AND VOTING
1. The Council shall meet at least quarterly, at a time and place set
forth in the minutes of the Council , and at such other times as the
Chairperson may direct. All such meetings shall be open to the public
and be tape recorded.
2. Each representative shall have a weighted vote as follows:
Larimer County Area Weld County Area
Fort Collins 5 Evans 1
Larimer County 1 Garden City 1/2
Loveland 1 Greeley 5
LaSalle 1/2
Total Votes 7 Total Votes 7
All votes must be done in person by the representative or by his/her
alternate, and there shall be no voting by proxy. Upon the admission
or withdrawal of voting members, the Council shall adjust the weighted
votes such that the Larimer County and the Weld County areas have seven
(7) votes between the members from the respective counties. The State
Highway Commissioner from District 5 will be a permanent non-voting
member of the Council .
3. Ten (10) of the votes shall constitute a quorum and shall be required
to adopt any matter before the Council .
4. The Council may vote to go into executive session for the purpose of
discussing personnel matters and meeting with attorneys representing
the Council in an adversary situation, and for any other purpose
authorized by and consistent with the Colorado Open Meetings Law.
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ARTICLE VI
COMMITTEES
1. The Council may establ ish working committees as is necessary, and shall
provide for the appointment of the membership of said committees.
These appointments, where necessary, shall be in accordance with State
and/or Federal requirements.
ARTICLE VII
TECHNICAL ADVISORY COMMITTEES
1. There shall be two General Technical Advisory Committees (TACs)
establ ished with one for those members within Larimer County and one
for those members within Weld County. Membership on these General TACs
may include staff from counties, municipalities, state or federal
agencies , or from public and private entities involved in
transportation or air quality. These TACs will be established by
resolution of the Council members. In addition, Specific Area TACs may
be formed to better focus on issues such as Transit, Air Quality, etc.
These TACs will be formed by the appropriate General TAC and approved
by the Council .
2. Each General TAC shall be responsible for developing and implementing
the following for its respective area:
a. Annual budgets related to planning projects.
b. Transportation capital improvement programs reflective of the
jurisdiction they represent.
c. Regional transportation and transportation related air quality
plans.
d. Pol icies and programs as may be directed by the Council .
The TACs shall conduct their business within the pol icy guidel ines of
the Council and shall make their recommendations to the Council for its
action.
3. Voting on the TACs will be one person, one vote. A majority of the TAC
voting membership shall constitute a quorum and a majority of those
voting members attending the TAC meeting is required to obtain a TAC
recommendation or approval of an amendment.
4. Meetings of the TACs may be held separately at times and locations to
be determined by each TAC and recorded in the minutes. Meetings must
be announced at least seven (7) days in advance by mail notification to
the full TAC membership. All such meetings shall be open to the public
with minutes prepared and distributed to the entire TAC.
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5. Both TACs shall conduct a joint meeting at least bi-annually, and such
joint meetings shall be necessary for final approval of the following
documents prior to submittal to the Council :
a. Annual budgets or unified planning work programs.
b. Transportation Capital Improvement Programs.
c. Regional transportation and transportation related air quality
plans.
d. Other documents as identified by the Council .
The chair for these joint meetings shall alternate between the
chairpersons of the TACs.
6. Either Technical Advisory 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 Council in an
adversary situation, and for any other purpose authorized by and
consistent with the Colorado Open Meetings Law.
7. A Chairperson shall be elected by each TAC and shall serve for a period
of one year. Duties of the Chairperson shall include the following:
a. To preside at the meetings of the TAC for her/his area.
b. To serve as the principal liaison between the TAC and the Council .
c. To monitor the progress of funded planning projects for his/her
area and report on the status of such projects to the Council .
d. To monitor the ongoing administrative activities related to the
Council
8. A Vice-Chairperson shall be elected by each TAC and shall serve for a
period of one year. Duties of the Vice-Chairperson shall include:
a. To preside over meetings, including the joint TAC meetings, in the
absence of the Chairperson.
b. To assist the Chairperson in the fulfillment of the duties
described in VII .7.
ARTICLE VIII
BUDGET AND FINANCE
1. Each year prior to July 1 the Technical Advisory Committees shall
submit to the Council and the Council shall adopt a preliminary budget
required for the operation of the Council during the ensuing fiscal
year. Administrative costs related to Council operations and costs for
activities shown below shall be clearly separate from costs for
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technical studies or activities which benefit particular members. Any
administrative costs shall be funded jointly by the members of the
Council as approved by the Council . Appropriate Federal or State
grants will be given priority for these expenses. The following
activities are administrative in nature, although the listing is not
exclusive:
a. Maintaining adequate minutes of Council meetings, including written
documentation of the meetings.
b. Making necessary meeting arrangements for Council meetings, such as
obtaining adequate meeting space, preparation and publication of
notices, preparation and mail ing of agendas and relevant
information, refreshments or meals provided as part of Council
meetings.
c. Compilation of material provided in finished form by the separate
TACs for inclusion in packets provided to the Council .
d. Preparation of contracts related to passing through Federal and/or
State grants.
e. Preparation of billings under Federal or State grants.
f. Conduct of audits as indicated by Federal or State requirements.
g. Maintenance of financial records adequate to sustain such audits.
h. Secretarial support for the Council in its roles as MPO and air
quality planning agency and for administrative functions described
above.
i. Coordinate information exchange between the member' s staffs, the
Highway Department, State Legislature and the Federal Highway
Administration, Colorado Department of Health, and United States
Environmental Protection Agency.
j. Other such administrative costs as may be approved by Council .
2. All projects' costs not deemed by Council to be administrative in
nature shall be paid for by the members benefitting from the projects.
Where such projects are eligible for state or federal grants, the
benefitting members shall be responsible for any required local match.
The determination of which members benefit shall be defined under
mutual agreement between the Council and the benefitting members.
3. The final budget shall be approved by resolution of the Council
membership no later than November 1 of each year. The budgetary year
of the Council shall be the calendar year. Members are responsible to
provide funding for their share of the approved budget to the Council
by January 1 of the budgetary year.
4. The Council is specifically empowered to contract or otherwise
participate in and to accept grants, funds, gifts, or services from any
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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 Council , in connection with any program or purpose for which the
Council exists.
5. The Council shall arrange for a systematic and continuous recordation
of the Council 's financial affairs and transactions and shall obtain an
annual audit of its financial transactions and expenditures, or as
otherwise required by law.
6. The Council may authorize any officer or officers, agent or agents, to
enter into any contract or execute and del iver any instrument in the
name of or on behalf of the Council and such authority may be general
or confined to special instances.
7. No loan shall be contracted on behalf of the Council and no evidence of
indebtedness issued in the name of the Council shall be signed by such
officer or officers, agent or agents, of the Council .
8. All funds of the Council not otherwise employed shall be deposited from
time to time to the credit of the Council in such banks, trust
companies, or other depositories as the Council may select.
ARTICLE IX
STAFFING AND SUPPORT
Administrative support for the Council in fulfill ing its obl igations shall
be provided by the members under agreement between Council and the members.
Where such support is required as part of a grant or grants, the member
providing support will be eligible for reimbursement to the extent budgeted
by the Council . Types of eligible activities are specified under VIII .1.
of these Articles.
To provide for the operation of the Council activities the Council shall
have an Executive Director and Secretary. The Executive Director shall be
the Director of Development Services of the City of Fort Collins. The
Secretary shall be the Transportation Director for the City of Fort
Collins. The Executive Director and Secretary-Treasurer shall serve as the
custodian of the books and records of the Council , shall keep the minutes
of all meetings, shall be the chief fiscal officer to the Council , and
shall perform such other duties and responsibilities from time to time as
may be assigned by the Council . The Council , through the City Manager of
the City of Fort Collins, shall review the performance of the Executive
Director on a yearly basis. All administrative costs incurred by the City
of Fort Collins shall be promptly reimbursed by the Council .
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ARTICLE X
AMENDMENT
These Articles may be amended by an affirmative vote of the representatives
according to the weighted vote system described in IV.4. Such amendments
may be accomplished at any regular meeting of the Council , provided at
least 30 days' written notice of the proposed amendment has been given to
the members.
ARTICLE XI
DISSOLUTION
The Council may be dissolved upon the affirmative vote of the Council ,
provided that such vote shall precede the effective date of dissolution by
no less than ninety (90) days. Upon dissolution, the affairs of the
Council shall be concluded, 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 Council during the year next
preceding the year of dissolution.
ARTICLE XII
ADOPTION AND EFFECTIVE DATE
These Articles shall become effective upon their adoption by Resolution by
a sufficient number of local governments to represent at least ninety (90)
percent of the 1980 urbanized area population of the Fort Collins and
Greeley urbanized areas as defined by the U.S. Bureau of the Census.
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