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repealed in their entirety and replaced by this Ordinance,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
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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
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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
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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
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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
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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
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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;
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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