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HomeMy WebLinkAbout03463 ORDINANCE NO. 3463 AN ORDINANCE CREATING THE PUEBLO AREA COUNCIL OF GOVERNMENTS AND INCORPORATING THEREIN THE PUEBLO REGIONAL PLANNING COMMISSION, THE PUEBLO INDUSTRIAL AND ECONOMIC DEVELOPMENT COMMISSION, AND ESTABLISHING AND INCORPORATING THEREIN THE PUEBLO HUMAN RESOURCES COMMISSION, AND ESTABLISH- ING MEMBERSHIP IN THE SOUTHERN COLORADO ECONOMIC DEVELOPMENT DISTRICT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. Ordinance No. 2430 adopting a plan for the creation of Pueblo Regional Planning Commission, Resolution No. 2557 creating an Industrial and Economic Development Commission, and Resolution No. 2279 concerning participation in the Southern Colorado Economic Development District are hereby repealed in their entirety and replaced by this Ordinance, provided such repeal shall not affect any plan or act of the Pueblo Regional Planning Commission heretofore lawfully adopted or performed. SECTION 2. Pursuant to Article 2, Chapter 106, C.R.S. 1963, as amended, or as same may be subsequently amended providing for regional planning, there is hereby created a Pueblo Area Council of Governments, subject to Resolutions which endorse and adopt this Ordinance by reference on the part of the Board of County Commissioners of Pueblo County, the Pueblo Board of Water Works and the elective Boards of School District 60 and School District 70. SECTION 3. NAME The name of this regional planning commission shall be the Pueblo Area Council of Governments, hereinafter referred to as the Area Council. Said Area Council shall be a regional planning commission as provided in Article 2, Chapter 106, .C.R. S. 1963, as amended, or as same may be subsequently amended. SECTION 4. PURPOSES. To provide elected officials from local units of government with an opportunity to meet regularly and voluntarily to study any and all matters of area-wide concern, to provide a vehicle whereby intergovernmental cooperation and coordina- tion may be expedited, to provide an orderly means of obtaining citizen advise and staff assistance on all matters likely to come before the Area Council and its members, and to consolidate and strengthen the existing local efforts at land use, trans- portation, physical and environmental planning, industrial and economic development planning and social or human resource planning. SECTION 5. GOALS The ultimate goals of the Area Council are to be the improvement of life, the wise use of natural resources, the protection of the environment, orderly growth and change, wise governmental stewardship, equality of opportunity for all, fairness and justice, and betterments on behalf of the health, safety and general welfare of the people of the area. SECTION 6. POWERS To do everything necessary, suitable, proper, advisable, or convenient for the accomplishment of the purposes and goals hereinabove set forth, and to do all other things incidental thereto or connected therewith consistent with this ordinance, including the following specific powers: (a) Statutory Powers. Subject to any specific limitations or restrictions imposed by law, or by this ordinance, and solely in furtherance -2- of, but not in addition to, the limited purposes and goals set forth in Sections 4 and 5 of this ordinance, the Area Council shall have and shall exercise all the powers specified as available to it under the law under which it was created, to-wit: Article 2, Chapter 106, C.R.S. 1963, and as the same may, from time to time, be amended, including, but not limited to, the following: (1) The employment of all necessary and proper personnel and the maintenance of offices for the transaction of its business within the amounts duly appropriated. (2) The study, investigation, and the making of recommendations concerning any problem or opportunity relating to the development or welfare of the area within its jurisdiction. (3) To render advice and technical assistance to any contracting party. (4) To accept, for any of its purposes, donations, grants of monies, equipment, supplies, materials, or services from any cooperating and participating governmental entity, the United States or any agency thereof, the State of Colorado or any agency thereof, or any other governmental entity, person, organization, firm, or corporation. (5) To apply for federal aid on behalf of the Area Council or its Commissions, to consult and assist in applications for federal aid on behalf of others, including the review of such applica- tions, if requested, and a determina- tion of their conformity to regional plans, or functional segments thereof, of the Area Council; and to take such other action as may be necessary or proper in regard to such federal aid. Specifically, but not by way of limitation, the Area Council is declared to be the policy committee for the Pueblo Area Transportation Study (PATS), A-95 Review, and all similar area-wide and multijurisdictional review activities. (b) Additional Powers. In furtherance of and not in limitation of the powers conferred by the State of Colorado, the Area Council shall, upon proper designation, have the power and authority to act as the area-wide and multi- jurisdictional comprehensive and functional planning agency and as the clearinghouse, or other agency, for the review of projected planning and development activities pursuant to prevailing state and federal regulations. (c) Ancillary Powers. To do all and everything necessary, suitable, proper, advisable, or convenient for the accomplishment of any of the purposes and goals, or the attainment of any of the objects, or the furtherance of any of the powers herein set forth, either alone or in association with other similar associations, local, state or federal governments, or agencies thereof, corporations, firms, or individuals, and to do every other thing or things, act or acts, incidental or appurten- ant to, or growing out of, or connected with, the aforesaid objects or purposes, or any part or parts thereof, including such as may, from time to time be authorized or directed by federal, state, or other authority. SECTION 7. AREA OF JURISDICTION The area under the jurisdiction of the Area Council shall be that area within the jurisdiction of the general membership, or, such regional area or areas as may, from time to time, be specifically designated, determined, or delineated, by applicable local, state or federal authority, whichever is appropriate to the subject matter under consideration. SECTION 8. PLANS, PLANNING PROCESS Any regional plan, or any regional planning process, or any functional segment thereof, made and adopted by the Area Council for the area under its jurisdiction, shall not be effective within the boundaries of any incorporated municipality within said area unless such plan, or planning process, or functional segment thereof, shall be adopted by the governing body of such municipality; nor shall any such plan, or planning process, or functional segment thereof, be deemed an advisory plan, or planning process, of any municipality or county unless adopted by such municipality or county. SECTION 9. GENERAL MEMBERSHIP The general membership of the Area Council shall consist of the cooperating and participating counties and municipalities, within the jurisdiction of the Area Council, each of which shall designate, from the membership of the respective local governing body, voting representatives as herein provided. SECTION 10. GOVERNING BODY The governing body of the Area Council shall consist of voting representatives, each having one vote, designated by and from the membership of the respective local governing body of the cooperating and participating counties and municipalities within the jurisdiction of the Area Council as hereinafter set forth. Each such county and municipality shall be entitled to at least one voting representative. Voting representatives are designated as follows: (a) Three (3) voting representatives shall be designated by and from the Board of County Commissioners of the County of Pueblo, State of Colorado; and (b) Seven (7) voting representatives shall be designated by and from the City Council of the City of Pueblo, Colorado; and (c) One (1) voting representative shall be designated by and from the Board of Water Works of the City of Pueblo, Colorado; and (d) One (1) voting representative shall be designated ¸-6- by and from the Board of School District No. 60, in Pueblo County, Colorado; and (e) One (1) voting representative shall be designated by and from the Board of School District No. 70, in Pueblo County, Colorado; and (f) One (1) +voting representative shall be designated by and from each of the govern- ing bodies of the other cooperating and participating counties and by and from municipalities having a population in excess of 5,000 persons and situated within the jurisdiction of the Area Council. SECTION 11. OTHER MEMBERS The Area Council may prescribe and establish such forms of non-voting memberships and provide for the qualifica- tions, acceptance, representation, duties, privileges, and fees, of such respective memberships, as may, from time to time, be in the best interests of the Area Council. The Chairmen of each of the three (3) Subsidiary Standing Commissions, i.e., the Pueblo Regional Planning Commission, the Pueblo Industrial and Economic Development Commission and the Pueblo Human Resources Commission, who are appointed as such Chairman by the Area Council, shall be non-voting members of the Council. SECTION 12. APPLICATION, ACCEPTANCE, RATIFICATION A county or a municipality shall be deemed a cooperating and participating county or municipality upon its authorized application for membership; its authorized acceptance, ratification, and approval of prevailing and -7- applicable articles of agreement, association of incor- poration, bylaws, and other determinative standards of the Area Council; its designation of its qualified voting representative(s); its satisfaction of its financial obliga- tion as such member; and, the acceptance of its application by the majority vote of the Area Council. It is further provided that neither application for nor membership in the Area Council shall be tantamount to, or considered in any manner as, the adoption or approval of any regional, advisory, or other plan, or planning process, or functional segment thereof, within or for the jurisdictional limits of said cooperating and participating county or municipality. The term of membership of any such county or municipality in the Area Council and the conditions of withdrawal, shall be as set forth in the'statutes of the State of Colorado. SECTION 13. VACANCY In the event of a vacancy in the governing body of the Area Council, whether caused by death, resignation, expiration of term of office of the designated representative of the respective co-operating and participating county or municipality, or otherwise, a qualified successor shall be designated by the governing body of the particular county or municipality. SECTION 14. THE SOUTHERN COLORADO ECONOMIC DEVELOPMENT DISTRICT The Southern Colorado Economic Development District is hereby established as an integral part of the Area Council, and the relationship is defined as follows: (a) Purpose. Southern Colorado Economic Develop- ment District will serve the purposes and goals and objectives of the Area Council by being a vehicle for planning, cooperation ~8- and coordination with the other cities and counties and private sector interests of Southern Colorado, with the State of Colorado, with the Four Corners Commission, with the Federation of Rocky Mountain States and the Federal Government. (b) Representation. All Southern Colorado Economic Development District Board members represent- ing the Area Council will be appointed by and serve at the pleasure of the Area Council. (c) Finances. All financial contributions to Southern Colorado Economic Development District by the member governments of the Area Council shall be disbursed by the Area Council. The Southern Colorado Economic Development District work program and budget shall be submitted to and reviewed by the Area Council prior to such disbursement. (d) Regional Responsibilities. The Southern Colorado Economic Development District is designated by this ordinance to be the multi-count~ regional planning commission as provided in Colorado Revised Statutes 106-2-4, and as such is delegated the planning responsibility for any state or federally designated or required multi- county regional level concerns or programs as they may impact upon the jurisdiction of the Area Council. SECTION 15. There are hereby created three separate standing Commissions to serve as permanent advisory bodies to the Area Council on social planning, physical planning and economic development matters. It is the intent that all matters of area-wide concern requiring careful study and advice funnel through one or the other of these three commissions, and that no new special purpose are~wide Commissions be established. It is also intended that the Commissions cooperate with one another on matters that overlap the jurisdictions of two or more of the Commissions. (a) The Pueblo Regional Planning Commission and the Pueblo Industrial and Economic Develop- ment Commission are hereby continued with membership, bylaws, assets, liabilities, staff, work program, and activities remaining intact and in full force and effect until specifically modified by the Area Council. The prime purpose of the Pueblo Regional Planning Commission will continue to be land use, physical design and environmental planning matters. The prime purpose of the Pueblo Industrial and Economic Development Commission will continue to be industrial and economic development planning and activities. (b) There is hereby created a Pueblo Human Resources Commission. It shall consist -10 - Of fifteen (15) members appointed by the Area Council and operated according to bylaws, budgets, work programs, and policies established by the Area Council. Its prime responsibility shall be to do social planning, which is defined to include such things as health planning, anti-crime planning, recreation program planning, social welfare planning, anti-poverty planning, social services planning, human relations planning, educational planning and such other planning and coordinating activities and research as may from time to time be needed to improve life in general or the life style from a program or people standpoint. SECTION 16. LIABILITY The individual voting representatives of the Area Council and the Commissions and the governing bodies or officials and boards of the cooperating and participating counties and municipalities shall not be liable on the undertakings of the Area Council, contractual or otherwise, regardless of the procedure by which such undertakings, or any of them, may be entered into. SECTION 17. FINANCES All cooperating and participating members shall contribute so much of the annual funds required for the annual operation of the Area Council as shall be agreed upon and approved by the Area Council subject to proper action by the governing boards or officials of such counties -11 - and municipalities. Such contribution shall include the obligation of the cooperating and participating members to the three standing Commissions and to the Southern Colorado Economic Development District, which shall be disbursed by the Area Council. SECTION 18. BYLAWS The Area Council shall have the responsibility and authority to make, alter, repeal, change, and/or modify such Bylaws, consistent with this ordinance and prevailing regulations, as it may, from time to time, deem proper for the management of the business and affairs of the Area Council and its three standing Commissions. SECTION 19. DISSOLUTION In the event the Area Council shall dissolve, such dissolution shall be made, and all dissolution proceedings shall be performed, and all dissolution distributions, if any, shall be had in accordance with prevailing law. SECTION 20. AMENDMENTS The Area Council shall have the responsibility and authority to establish, alter, repeal, change, and/or modify bylaws and operating policies, consistent with this Ordinance and other prevailing regulations, as it may, from time to time, deem proper for the management of the business and affairs of the Area Council, provided, however that written notice of the same shall be furnished each of the voting representatives of the Area Council not less than thirty (30) days prior to the special, regular, or annual meeting at which time such amendments are to be proposed; .-12- and provided further that such amendments be ratified by at least a majority of the general membership of the Area Council. An amendment to this Ordinance and to the endors- ing Resolutions adopting same by reference shall be accomplished in the manner provided by applicable law. INTRODUCED June 21, 1971 By Jerry Daugherty