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Home My WebLink About730883.tiff - , RESOLUTION RE: AMENDED ARTICLES OF ASSOCIATION OF LARIMER-WELD REGIONAL COUNCIL OF GOVERNMENTS. WHEREAS, heretofore and on September 19, 1973, pursuant to law, the Board of County Commissioners, Weld County, Colorado, by Resolution did adopt the Larimer-Weld Regional Area Council of Governments, and WHEREAS, certain differences had arisen as to the formation and operation of said organization, and WHEREAS, all such differences now have been amicably resolved to the mutual satisfaction of all members thereof by certain amendments and deletions. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that the Amended Articles of Association of Larimer-Weld Regional Council of Governments, copy of which is attached hereto and made a part hereof by reference, be, and they hereby are approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of October, A, D. 1973. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO , � { L �l 641 ATTEST: arimil Weld County Clerk d Recorder and Clerk to the Board By7�1�1�ir/v� if'� ��s_ Deputy County Clerk • APPRO7AS TO FORM: Cj6unty Attorney 730883 Me yd,, 7-� AMENDED ARTICLES OF ASSOCIATION OF LARIMER-WELD REGIONAL COUNCIL OF GOVERNMENTS ARTICLE I General Membership 1, These Articles of Association shall regulate and govern the affairs of the association known as the Larimer-Weld Regional Council of Governments, hereinafter known as the "Council", and is organized pursuant to Article XIV, Section 18 (2) of the Colorado Constitution and C. R. S. , Chapter 88, Article 2, 1963 as amended. The Council is comprised of the Counties of Larimer and Weld and the municipal corporations located therein which ratify this agree- ment in writing. Council of 2. The total membership of the Council shall meet at least once the Whole a year in plenary session to make general recommendations and discuss matters of policy and general interest to the Council of Governments as a whole. Governing 3. There shall be a Governing Board of the Council to conduct the Board business of the Council between general meetings. The Governing Board shall consist of Larimer and Weld Counties and the muni- cipal corporations located therein which shall be entitled to voting representatives as set forth in these Articles. The fourteen (14) voting representatives shall be comprised as follows: Three (3) County Commissioners from Larimer County. Three (3) County Commissioners from Weld County. One (1) representative from each of the four (4) largest participating member municipalities in each County, for a total of eight (8) municipal representatives. The voting representatives of the municipal corporations enumerated immediate above shall be, either, a, an elected member of a municipal corporation or board serving during his term of office; or b, an elected mayor of a municipal corporation. Each municipal corporation voting representative shall be selected in such manner as may be agreed upon by majority vote of participating member municipal corporations within each county. If a municipal corporation which is entitled to a voting repre- sentative under the terms of these Articles shall fail to select its representative within sixty (60) days from notice of adoption of these Articles by the Board of County Commissioners of each County, or from notice of a vacancy which may occur from time to time, then the position of such municipality shall be deemed vacant, and the next largest municipality by population shall have the option to select a representative to fill such vacancy on the Governing Board. Term 4. The voting representatives from each county or municipal cor- poration as set forth in paragraph 2, shall serve as such repre- sentative on the Governing Board for a minimum period of one (1) year so long as qualified as an elected official from and after approval of these Articles or as may otherwise be provided by law. Vacancies occurring on the Governing Board from time to time shall be filled in the same manner as is provided for in the original designation. Vote 5. Each member of the Governing Board, or, in his absence, his designated alternate as provided in paragraph 6. of these Articles shall have one (1) vote to be cast in person and there shall be no voting by proxy. Alternates for Munici- 6. Each municipality shall have the right to designate an alternate. palities In the first instance, the alternate shall be selected at the same time -2- that the voting representative is selected and shall meet the quali- fications of the voting representative as set forth in Article I, para- graph 3. ARTICLE II Purpose 1, The Council shall promote regional cooperation and coordination among local governments and between levels of government for the geographic area comprised of the Counties of Larimer and Weld hereinafter referred to as the "Region". The need for a council of Governments is based on the recognition that people in the Region form a single community and are bound to- gether not only physically, but economically and socially. It is the purpose of the Council through its Governing Board, participating membership, staff, and programs, to provide local public officials with the means of responding more effectively to the local and regional problems of this Regional Community. In order to assure the orderly and harmonious development of the Region, and to provide for the needs of future generations, it is necessary for the Council to serve as an advisory coordinating agency as well as the body politic specifically empowered as desig- nated 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. Functions 2. The Council may promote regional coordination and cooperation through activities designed to: a. Strengthen local governments and their individual capa- cities to deal with local problems; b. Serve as a forum to identify, study, and resolve area-wide problems; -3- c. Develop and formalize policies involving regional problems; d. Promote intergovernmental cooperation through such acti- vities as reciprocal furnishing of services, mutual aid, and coordi- nated action as a means to resolve local, as well as regional problems; e. Provide the organizational framework to insure effective communication and coordination among governmental bodies; f. Serve as a vehicle for the collection and exchange of infor- mation of regional interest; g. Develop regional comprehensive plans for the Region; h. Serve as a spokesman for local governments on matters of regional and mutual concern; i. Encourage action and implementation of regional plans and policies by local, state, and federal agencies; j. Provide, if requested, mediation in resolving conflicts between members and between members and other parties; and k. Provide technical and general assistance to members with its staff and financial capabilities. These services are inclusive of, but not limited to, services designed to: (1) Identify issues and needs which are regional and beyond the realistic scope of any one local government; (2) Compile and prepare, through staff and from mem- bers, the necessary information concerning the issues and needs for Council discussion and decision; (3) Debate and concur in a cooperative way and coordinate regional action to meet the need or issue; (4) Implement the details of the cooperative action among affected member governments, using such devices as interlocal contracts and agreements, parallel ordinances or codes, joint performance of services, transfers or consoli- dations of functions, or special subordinate operating agencies; -4- (5) and, in general - - arrange contracts among officials on an intergovernmental basis; - publish reports on functional problems; - publish current information of regional interest; - provide advice and assistance on physical land use planning and other functional programs; - sponsor regional training programs; - negotiate cooperative agreements. Powers 3. The Council shall, for the purpose of fulfilling its purposes and functions, be a body politic and corporate, and, as such an entity, be subject to all rights, duties and obligations as such may affect the members of such Council whereby its activities are of a regional, areawide, or multi-governmental nature, and, further, shall con- stitute the entity to perform those regional or areawide functions which may be authorized by Federal or State Statute. To effectuate such powers, the Governing Board of the Council shall: a. Be the approving, contracting, and reviewing agent for all Federal and State Regional Grants, as required; b. Provide for regional transportation; c. Provide for regional land use planning; d. Provide for comprehensive areawide regional health planning; e. Be the governmental entity for the purpose of receiving State or Federal assistance to areawide or regional governmental entities. Fo further effectuate such powers, the Governing Board of the Council may exercise all powers set forth in C. R. S. Chapter 88, Article 2, 1963 as amended, upon agreement of all interested member jurisdictions. -5- ARTICLE III Officers 1. The Governing Board of the Council shall elect three (3) officers, which officers shall be voting representatives on the Board and shall consist of a Chairman, Vice-Chairman, and Secretary-Treasurer. Each Officer shall be elected from the voting representatives com- prising the Board as enumerated in Article I, paragraph 2, of these Articles. a. Chairman. The Chairman shall preside at all meetings of the Council and shall be the chief Officer of the Council. b. Vice-Chairman. The Vice-Chairman shall exercise the functions of the Chairman in the Chairman's absence or incapacity. c. Secretary-Treasurer. The Secretary-Treasurer shall exercise the functions of the Vice-Chairman in the absence or in- capacity of the Vice-Chairman and shall perform such other duties as may be consistent with his office or as may be required by the Chairman. Staff 2, The Governing Board of the Council may employ a director and a staff and may contract for expert services as the Council, in its discretion, may determine. ARTICLE IV Meetings of the Governing 1, The Governing Board of the Council shall meet at least once each Board month and at such other times as the Chairman may direct. All such meetings shall be open to the public. Meetings of 2. The Council of the Whole shall meet in plenary session at least the Council of the Whole annually at the direction of the Chairman. All such meetings shall be open to the public. Quorum 3. A quorum of the Governing Board shall consist of not less than eight (8) voting representatives. Majority Vote 4. Once a quorum has been established, a majority of the full Board -6- and not merely those present, that is, a vote of eight (8), shall be required to adopt any matter before the Governing Board except as otherwise provided in Article V, paragraph 5, as requiring a special vote. Each vote shall be cast in person by the duly designated voting representative of a political subdivision or jurisdiction as set forth in Article I of these Articles. Special Vote 5. Action of the Governing Board shall be by majority vote except Required For Amendment where the issue involves And Budget a. Amendment of the Articles, or, b. Adoption of the budget and funding of the Council, in which case action shall be taken by an affirmative vote of ten (10), pro- vided that, however, there shall be present at least six (6) of the representatives of municipalities plus at least two (2) of the three (3) County Commissioners from each county. ARTICLE V Committees The Board may provide for technical and advisory committees as are necessary, and shall provide for the appointment of the member- ship of said committees. These appointments, where necessary, shall be in accordance with State and/or Federal requirements. ARTICLE VI Budget 1. Each year at the regular August meeting the Chairman shall sub- mit to the Board an estimate of the budget required for the operation of the Council during the ensuing calendar year. Upon approval of such budget as approved pursuant to Article IV, Section 4, of these Articles, the funds required by the Council shall be apportioned equally between the counties. Funding 2. The Board is specifically empowered to contract or otherwise -7- 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 Board, in connection with any program or purpose for which the Council exists. Audit 3. The Board shall arrange for a systematic and continuous re- cordation of the Council's financial affairs and transactions and shall obtain an annual audit of its financial transactions and ex- penditures, or as otherwise required by law. ARTICLE VII Adoption and 1, These Amended Articles shall become effective upon their Ratification adoption by Resolution of the respective Boards of County Commissioners of Larimer and Weld Counties, and upon the adoption and ratification in writing of the eight (8) municipa- lities whose representation is provided for in Article I, Para- graph 3, of these Articles. Notice 2. These Articles may be amended at any regular meeting of the Board by vote as set forth in Article IV, Section 4, of these Articles, provided that at least thirty (30) days' notice in writing be given to all members setting forth the amendment to be considered. -8- APPROVAL The above and foregoing Amended Articles of Association of the Larimer- Weld Regional Council of Governments hereby is approved by the under- signed members and each such member binds itself for the purposes stated therein. BOARD OF COUNTY COMMISSIONERS LARIMER COUNTY, COLORADO , r � �C ( (//. ✓ ATTEST: J Clerk of the Board APPROVED AS TO FORM: Larimer County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO litarA-- A" iCU ATTEST: Weld County Cler ecorder and Clerk to the Board BY Deputy County Clerk APPROVED AS TO FORM: Weld County Attorney -9- .-. RESOLUTION RE: AMENDED ARTICLES OF ASSOCIATION OF LARIMER-WELD REGIONAL AREA COUNCIL OF GOVERNMENTS. WHEREAS, heretofore and on May 10, 1973, pursuant to law, the Board of County Commissioners, Weld County, Colorado, by Resolution did adopt the Larimer-Weld Area Council of Governments, and WHEREAS, certain differences had arisen as to the formation and operation of said organization, and WHEREAS, all such differences now have been amicably resolved to the mutual satisfaction of all members thereof by certain amendments and deletions. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that the Amended Articles of Association of Larimer-Weld Regional Area Council of Governments, copy of which is attached hereto and made a part hereof by reference, be, and they hereby are approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of September, A. D. , 1973. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO O2.44,,, KB s76,+ ATTEST: +, j7 . /�1 ywt! tAklerk and Recorder i S to the Board ..3 �� d, 74-,.../ Deputy County Clerk APPROV S TO FORM: / ri County Attorney k, AMENDED ARTICLES OF ASSOCIATION OF LARIMER-WELD REGIONAL AREA COUNCIL OF GOVERNMENTS ARTICLE I General Membership 1. These Articles of Association shall regulate and govern the affairs of the association known as the Larimer-Weld Regional Area Council of Governments, hereinafter known as the "Council", and is organized pursuant to Article XIV, Section 18 (2) of the Colorado Constitution and C. R. S. , Chapter 88, Article 2, 1963 as amended. The Council is comprised of the Counties of Larimer and Weld and the municipal corporations located therein which ratify this agreement in writing. Council of 2. The total membership of the Council shall meet at least once the Whole a year in plenary session to make general recommendations and discuss matters of policy and general interest to the Council of Governments as a whole. Governing 3. There shall be a Governing Board of the Council to conduct the Board business of the Council between general meetings. The Governing Board shall consist of Larimer and Weld Counties and the muni- cipal corporations located therein which shall be entitled to voting representatives as set forth in these Articles. The fourteen (14) voting representatives shall be comprised as follows: Three (3) County Commissioners from Larimer County. Three (3) County Commissioners from Weld County. One (1) representative from each of the four (4) largest participating member municipalities in each County, for a total of eight (8) municipal representatives. The voting representatives of the municipal corporations enumerated immediate above shall be, either, a. an elected member of a municipal corporation or board serving during his term of office; or b, an elected mayor of a municipal corporation. Each municipal corporation voting representative shall be selected in such manner as may be agreed upon by majority vote of participating member municipal corporations within each county. If a municipal corporation which is entitled to a voting repre- sentative under the terms of these Articles shall fail to select its representative within sixty (60) days from notice of adoption of these Articles by the Board of County Commissioners of each County, or from notice of a vacancy which may occur from time to time, then the position of such municipality shall be deemed vacant, and the next largest municipality by population shall have the option to select a representative to fill such vacancy on the Governing Board. Term 4. The voting representatives from each county or municipal cor- poration as set forth in paragraph 2. shall serve as such repre- sentative on the Governing Board for a minimum period of one (1) year so long as qualified as an elected official from and after approval of these Articles or as may otherwise be provided by law. Vacancies occurring on the Governing Board from time to time shall be filled in the same manner as is provided for in the original designation. Vote 5. Each member of the Governing Board, or, in his absence, his designated alternate as provided in paragraph 6. of these Articles shall have one (1) vote to be cast in person and there shall be no vot- ing by proxy. Alternates for Munici- 6. Each municipality shall have the right to designate an alternate. palities In the first instance, the alternate shall be selected at the same time -2- that the voting representative is selected and shall meet the quali- fications of the voting representative as set forth in Article I, para- graph 3. ARTICLE II Purpose 1. The Council shall promote regional cooperation and coordination among local governments and between levels of government for the geographic area comprised of the Counties of Larimer and Weld hereinafter referred to as the "Region". The need for a council of Governments is based on the recognition that people in the Region form a single community and are bound to- gether not only physically, but economically and socially. It is the purpose of the Council through its Governing Board, participating membership, staff, and programs, to provide local public officials with the means of responding more effectively to the local and regional problems of this Regional Community. In order to assure the orderly and harmonious development of the Region, and to provide for the needs of future generations, it is necessary for the Council to serve as an advisory coordi- nating agency as well as the body politic specifically empowered as designated herein, to harmonize the activitesof 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. Functions 2. The Council may promote regional coordination and cooperation through activities designed to: a. Strengthen local governments and their individual capa- cities to deal with local problems; b. Serve as a forum to identify, study, and resolve area- wide problems; -3- c. Develop and formalize policies involving regional problems; d. Promote intergovernmental cooperation through such acti- vities as reciprocal furnishing of services, mutual aid, and coordi- nated action as a means to resolve local, as well as regional problems; e. Provide the organizational framework to insure effective communication and coordination among governmental bodies; f. Serve as a vehicle for the collection and exchange of in- formation of regional interest; g. Develop regional comprehensive plans for the Region; h. Serve as a spokesman for local governments on matters of regional and mutual concern; i. Encourage action and implementation of regional plans and policies by local, state, and federal agencies; j. Provide, if requested, mediation in resolving conflicts between members and between members and other parties; and k. Provide technical and general assistance to members with its staff and financial capabilities. These services are inclusive of, but not limited to, services designed to; (1) Identify issues and needs which are regional and beyond the realistic scope of any one local government; (2) Compile and prepare, through staff and from mem- bers, the necessary information concerning the issues and needs for Council discussion and decision; (3) Debate and concur in a cooperative way and coordinate regional action to meet the need or issue; (4) Implement the details of the cooperative action among affected member governments, using such devices as interlocal contracts and agreements, parallel ordinances or codes, joint performance of services, transfers or consoli- dations of functions, or special subordinate operating agencies; -4- (5) and, in general - - arrange contracts among officials on an intergovernmental basis; - publish reports on functional problems; - publish current information of regional interest; - provide advice and assistance on physical land use planning and other functional programs; - sponsor regional training programs; - negotiate cooperative agreements. Powers 3. The Council shall, for the purpose of fulfilling its purposes and functions, be a body politic and corporate, and, as such an entity, be subject to all rights, duties and obligations as such may affect the members of such Council whereby its activities are of a regional, areawide, or multi-governmental nature and, further, shall con- stitute the entity to perform those regional or areawide functions which may be authorized by Federal or State Statute. To effectuate such powers, the Governing Board of the Council shall: a. Be the approving, contracting, and reviewing agent for all Federal and State Regional Grants, as required; b. Provide for regional transportation; c. Provide for regional land use planning; d. Provide for comprehensive areawide regional health planning; e. Be the governmental entity for the purpose of receiving State or Federal assistance to areawide or regional governmental entities. To further effectuate such powers, the Governing Board of the Council may exercise all powers set forth in C. R. S. Chapter 88, Article 2, 1963 as amended, upon agreement of all interested member jurisdictions. -5- ARTICLE III Officers 1. The Governing Board of the Council shall elect three (3) officers, which officers shall be voting representatives on the Board and shall consist of a Chairman, Vice-Chairman, and Secretary-Treasurer. Each Officer shall be elected from the voting representatives com- prising the Board as enumerated in Article I, paragraph 2. of these Articles. a. Chairman. The Chairman shall preside at all meetings of the Council and shall be the chief Officer of the Council. b. Vice-Chairman. The Vice-Chairman shall exercise the functions of the Chairman in the Chairman's absence or incapacity. c. Secretary-Treasurer. The Secretary-Treasurer shall exercise the functions of the Vice-Chairman in the absence or in- capacity of the Vice-Chairman and shall perform such other duties as may be consistent with his office or as may be required by the Chairman. Staff 2. The Governing Board of the Council may employ a director and a staff and may contract for expert services as the Council, in its discretion, may determine. ARTICLE IV Meetings of the Governing 1. The Governing Board of the Council shall meet at least once each Board month and at such other times as the Chairman may direct. All such meetings shall be open to the public. Meetings of the Council of the 2. The Council of the Whole shall meet in plenary session at least Whole annually at the direction of the Chairman. All such meetings shall be open to the public. Quorum 3. A quorum of the Governing Board shall consist of not less than eight (8) voting representatives. Majority Vote 4. Once a quorum has been established, a majority of the full Board -6- and mot merely those present, that is, a vote of eight (8), shall be required to adopt any matter before the Governing Board except as otherwise provided in Article V, paragraph 5, as requiring a special vote. Each vote shall be cast in person by the duly designated voting representative of a political subdivision or jurisdiction as set forth in Article I of these Articles. Special Vote 5. Action of the Governing Board shall be by majority vote except Required For Amendment where the issue involves And Budget a. Amendment of the Articles, or, b. Adoption of the budget and funding of the Council, in which case action shall be taken by an affirmative vote of ten (10), pro- vided that, however, there shall be present at least six (6) of the representatives of municipalities plus at least two (2) of the three (3) County Commissioners from each county. ARTICLE V Committees The Board may provide for technical and advisory committees as are necessary, and shall provide for the appointment of the member- ship of said committees. These appointments, where necessary, shall be in accordance with State and/or Federal requirements. ARTICLE VI Budget 1. Each year at the regular August meeting the Chairman shall sub- mit to the Board an estimate of the budget required for the operation of the Council during the ensuing calendar year. Upon approval of such budget as approved pursuant to Article IV, Section 4, of these Articles, the funds required by the Council shall be apportioned equally between the counties. Funding 2. The Board is specifically empowered to contract or otherwise -7- 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 Board, in connection with any program or purpose for which the Council exists. Audit 3. The Board shall arrange for a systematic and continuous re- cordation of the Council's financial affairs and transactions and shall obtain an annual audit of its financial transactions and ex- penditures, or as otherwise required by law. ARTICLE VII Adoption and Ratification 1. These Amended Articles shall become effective upon their adoption by Resolution of the respective Boards of County Commissioners of Lorimer and Weld Counties, and upon the adoption and ratification in writing of the eight (8) municipa- lities whose representation is provided for in Article I, Para- graph 3. of these Articles. Notice 2. These Articles maybe amended at any regular meeting of the Boardby vote as set forth in Article IV, section 4, of these Articles, provided that at least thirty (30) days' notice in writing be given to all members setting forth the amendment to be considered. -8- .� . APPROVAL The above and foregoing Amended Articles of Association of the Larimer-Weld Regional Area Council of Governments hereby is approved by the undersigned members and each such member binds itself for the purposes stated therein. BOARD OF COUNTY COMMISSIONERS LARIMER COUNTY, COLORADO �''171 t i ;;V . ATTEST: /-4Zi)( Clerk of the Board APPROVED AS TO FORM: Larimer County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO afri--" �� ) e i AAT�T�E_S�T: 6y-��C try ."A /C er�k o the oard ' ,/ i�cs.c- VVVVVV epufy County Clerk AP AS TNt�ORM: /, .ar i 'Weld County Attorney -9- The (Town) (City) of , by and through (Mayor), does hereby approve, accept, adopt and ratify the Amended Articles of Association of Larimer-Weld Regional Area Council of Governments, a copy of which is attached hereto and incorporated herein by reference. IN WITNESS WHEREOF the undersigned hereby set their hands this day of , A. D. , 1973. (Town) (City) of By Mayor ATTEST: (Town) (City) Clerk APPROVED AS TO FORM: (Town) (City) Attorney -10- Hello