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HomeMy WebLinkAboutresolution.council.047-93 e". '\\, , ~_. '* ,,~~ - ~.'. \i\ RESOLUTION NO. rz Series of 1993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, RATIFYING THE AMENDED AND RESTATED ARTICLES OF ASSOCIATION OF THE NORTHWEST COLORADO COUNCIL OF GOVERNMENTS. WHEREAS, the City of Aspen is a member association of the Northwest Colorado Council of Governments (hereinafter "Council"); and WHEREAS, the purpose of the Council is to promote regional cooperation and coordination among local governments and between levels of government for the northwest Colorado region; and WHEREAS, the Board of Directors of the Council has decided to amend and restate its Articles of Association to accomplish improved ease of operation and implementation of its goals, to clarify its Articles, to better deliver state and federally mandated services to member entities, to ensure equitable distribution of grant subsidy requirements from member entities, and to establish a policy to require member entities wishing to withdraw from membership from the Council to follow certain procedures; and WHEREAS, the City Council of the City of Aspen desires to ratify the amended and restated Articles of Association appended hereto as Exhibit " A" and by this reference incorporated herein as if set out in full. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that the Articles of Association of the Northwest Colorado Council of Governments, as adopted by the Council's Board of Directors on May 27, 1993, by Resolution No. 1993-2 are hereby ratified, pursuant to Section 502 thereof. -. ,,- .~. \< ,- V;}, ~- '.' ~'.. v'_ \~ INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the .t.<i' day of ~ .. q. , 1993. t/ ~ 7. t3~- John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Ka:T~)4~~ Kathry . Koch, CIty Clerk N(:COG .res . _,,~.:~\fEf'~ .,.. \>'t, 1~~< _ NWQ~ NORTHWEST COLORADO COUNCIL OF GOVERNMENTS JUi~ 1 J IEgj I;" ., Post Office Box 2308 . Silverthorne. Colorado 80498 303 468-0295 FAX 303 468-1208 FROM: Frank Peters, COG Board Member Amy Margerum, Manager city of Aspen Tom Steinberg TO: DATE: June 7, 1993 !!l ~(fj l@l!JIf/iij JUN! . .. i@ NWCCOG eN 9 I 1. 1993 r!!!J ",,-<, 0"'", ,. tp.. q... ,\ ~ ~ ",. ''''''-iCI'2O'''' RE: Ratification of Amendments to the Articles of Association The Northwest Colorado Council of Governments (NWCCOG) passed a resolution approving the attached Amended and Restated Articles of Association at its May 27th board meeting. A majority of ' our member jurisdictions must now individually ratify these amended and restated Articles. <It I have enclosed a copy of NWCCOG's resolution and two copies of a resolution fOr consideration by your councilor board. Attached to the resolution you will find the amended and restated Articles. A brief summary of the changes included in the amendments are as follows: 1. The Articles are reorganized to exclude anything that is not necessary. Some of what was formerly in the Articles has been moved to the Bylaws. 2. Policy changes include definition of the process for a member to withdraw from NWCCOG. These changes together with amendments to the Bylaws helps protectNWcCOG members from having to subsidize the services received by a non-paying NWCCOG member. Your NWCCOG board member, your town or, county manager and your . attorney have previously received a complete explanation packet. ! Please put this item on an upcoming agenda of your board or ~ council. We would like to accomplish this approval process as. , soon as possible. consequent1y~ action on this item and return of an original of the adopted resolution by July 30th is appreciated. Please call Sandy Blaha , Co-Executive Director or Linda Boucher, (_ Office Manager if you need assistance on this matter. . ,. cagle County: Avon, Bosoit Eagle, Gypsum, Minturn. Red Cliff, Vail. . Grand County: Fraser, Granby, Grand Lake. Hot Sulphur Springs, Kremmling, Winter Park, . Jackson County: Walden, . Pitkin County: Aspen. Snowmass Village, . Routt County: Hayden, Oak Creek. Steamboat Springs, Yampa, . Summit County: Blue River, Breckenridge, Dillon, Frisco. Montezuma, Silverthorne . ... " &" jn ~ '''< AMENDED AND RESTATED ARTICLES OF ASSOCIATION NORTHWEST COLORADO COUNCIL OF GOVERNMENTS Colorado Planning and Management Region XII ARTICLE I Establishment of the council The Member Jurisdictions, as defined herein, hereby establish an Association known as Northwest Colorado Council of Governments "hereinafter "Council" or 11~CCOGtI) pursuant to Article XIV, Section 18 of the Colorado Constitution and Sections 29-1-201. et sea., 29-1-401 and 29-1-402, Colo.Rev.Stat. ARTICLE II Purpose, Function and Powers of the council 201 PurDose The Council shall promote regional cooperation and coordination among local governments and between levels of government for the geographic area comprising the Counties of Eagle, Grand, Jackson, Pitkin, Routt and Summit, he+einafter 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 together not only physically, but economically and socially. It is the purpose of the Council through its 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 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. 202 Functions The Council shall promote regional coordination and cooperation through activities designed to: A. strengthen local governments and their individual capacities to deal with local problems. 0.' ~ ~ B. Serve as a forum to identify, study and resolve areawide problems. C. Develop and formulate policies involving Regional problems. D. Promote intergovernmental cooperation through such activities as reciprocal furnishing of services, mutual aid and parallel action as a means to resolve local, as well as Regional, problems. E. Provide the organizational framewor}c to ensure effective communication and coordination among governmental bodies. . e" }i \:J!I F. Serve as a vehicle for the collection and exchange of Regional information. G. Develop Regional comprehensive plans. H.,$erve 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 other parties. K. Provide a mechanism for delivering financial assistance, in the form of loans, or ot.herwise, to public or private, for profit or nonprofit ventures, deemed to be in the public interest and to fulfill the purposes and functions of the Council, as described more fully at section 203.H, infra. L. Provide technical and general assistance. to members within its staff and financial capabilities. These services are inclusive of, but not limited to: 1. Identify issues and needs which are Regional and beyond the realistic scope of anyone local government. 2. Compile and prepare, through staff and from members, the necessary information concerning the issues and needs for Council discussion and decision. 3. Debate and concur in a cooperative and coordinated 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 consolidations of functions, or special subordinate operating agencies. 5~ And, in general, a. Arrange contracts among officials on an intergovernmental basis. b. Publish reports on functional programs. c. Publish current information of Regional interest. d. Provide advice and assistance on physical land use planning and other functional programs. e. Sponsor Regional training pr~grams. f. Negotiate cooperative agreements. g. Sponsor or oppose legislation on behalf of the Region and its units of local government. 203 Powers GI, \j, '-'\'! The Council shall, for the purpose of fulfilling its purposes and functions, be a body politic and corporate, and as such, 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-g~vernmental nature and further, shall constitute the entity to perform those Regional or areawide functions which may be authorized by Federal or State statute. To effectuate such powers, the council shall: ~.;, \" A. Be the approving and contracting agent for all Federal and state regional grants, as required. B. Constitute the governmental entity for the purpose of receiving state or Federal assistance to areawide or . Regional governmental entities through designation as "grantee for such grants. C. Constitute the governmental entity for any existing entities that are Regional in nature and any new entity, Regional in nature, which may be required to be created as a new board or commission by state or Federal statute and, to consummate such purpose, these Articles shall be amended from time to time. D. Serve as the Area Clea~inghouse and Project Notification Review Agency. E. Serve as the Regional Planning Commission pursuant to section 30-28-105, C.R.S. F. Exercise all powers set forth in section 29-1-201, at sea., C.R.S., and Article XIV, section 18, Colorado Constitution. G. Accept contributions from member local governments or from any other source, commit them to a general fund or funds, or a special fund or funds, and disburse the same for such purposes as the Council may direct at the time the fund or funds are established or at any time thereafter. ~ \,., H. Revolving Loan Fund. Subject to the approval of the Board of Directors, a Revolving Loan Fund may be created to assist in the financing of either pUblic or private~ for profit or nonprofit ventures, where the retention or creation of employment and the consequent public revenue or benefit to the health, safety and welfare of the Region is de,emed by the Board to be in the pUblic interest. The Board shall appoint a Revolving Loan Fund committee of nine persons, one from each county in the service area, under criteria as it shall establish. The Board shall also appoint nine alternates in the event of the inability of any committee member to attend a meeting. The NWCCOG Executive Staff or senior staff member shall serve as a non-voting, ex-officio member of the loan fund committee. The Revolving Loan Fund will create policy for review and approval of its loans including criteria established by agencies of origination from which capitalization of the Revolving Loan Fund is achieved. In addition, such loans shall be made in full compliance with the Colorado Constiotution, the colorado Revised statutes and applicable Federal law and regulations. The Revolving Loan Fund committee shall adopt Bylaws for the conduct of its affairs and the administration of the Revolving Loan Fund. Such Bylaws shall not be effective until approved by the Board of Directors of the Council. ARTICLE III Membership 301 Initial MembershiD The Council shall be composed of the following Counties and Municipal Corporations ("Member Jurisdictionsll) : ,#. ~~' \ "'" Counties: Eagle, Grand, Jackson, Pitkin, Routt, Summit MuniciDal Coroorations: Aspen Avon Granby Grand Lake Red Cliff silverthorne .,. ~, ~',-, Basalt Blue River Breckenridge Dillon Eagle fraser : <Fr isco Gypsum Hayden Hot sulphur Springs Kremmling Minturn Montezuma Oak Creek Snowmass Village Steamboat Springs vail Walden winter Park Yampa 302 Additional Members Newly formed Municipal Corporations within the Region may become a Member Jurisdiction of the Council by subscribing.to the Articles of Association and Bylaws and paying the applicable assessment of dues. The Council shall take all steps necessary to include the new Member J~risdiction within the scope of the authorities it holds. 303 Termination of MembershiD Any member government may withdraw from membership in the Council as follows: 1. A resolution or ordinance shall be adopted by the governing body of the Member Jurisdiction, following notice and public hearing, including findings that it is in the best interest of the pUblic to withdraw from membership in the Council. ~e,.., ~: ~< 2. written notice of intent to withdraw from the Council by the governing body of the Member Jurisdiction shall be submitted to the Executive Committee, together with a copy of the duly adopted ordinance or resolution, by June 15, of the year prior to the effective date of withdrawal which date shall be January 1. provision of services and all other rights and privileges of membership shall remain !in effect from the date of written notice of the intent to withdraw and shall terminate on the effective withdrawal date. Any withdrawing Member Jurisdiction shall make a written request to the Executive Director of the Department of Local Affairs and the Governor to revise the designation of Planning and Management Region XII to reflect the member's withdrawal from NWCCOG. ARTICLE IV Bylaws The Council, acting by resolution at any regular or special meeting, may enact or amend Bylaws in order to efficiently conduct its affairs including creation of and delegation of authority to an Executive Committee, establishment of representation and voting rights of members on the Council, establishing responsibilities of officers and key personnel. Such Bylaws may not contravene or supersede any provision of these Articles. ARTICLE V 501 Articles: Effective Date '." ""-''''', These Amended and Restated Articles of Association shall regulate and govern the affairs of the Council. These Articles shall become effective upon their adoption by the Council and ratification by a'majority of the Member Jurisdictions. '.c;",.. \\. 502 Articles: Amendment These Articles may be amended at any regular meeting of the Council by resolution, provided that at least one week's notice in writing be given to all members, setting forth such amendment and ~f~at the approved amendment be ratified by a majority of the Member Jurisdictions. - ~s. ~\ "<. t.