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HomeMy WebLinkAbout04924r ORDINANCE NO. 4924 AN ORDINANCE REORGANIZING THE PUEBLO AREA COUNCIL OF GOVERNMENTS AND REPEALING ORDINANCE NO. 3463 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. REPEAL OF PRIOR ORDINANCES Ordinance No. 3463 creating the Pueblo Area Council of Governments is hereby repealed, provided such repeal shall not invalidate or affect any plan or action of the Pueblo Area Council of Governments heretofore lawfully taken, adopted or performed nor shall such repeal revive any Ordinance or Resolution repealed by said Ordinance No. 3463. SECTION 2. CREATION OF AN INTERGOVERNMENTAL AGENCY Pursuant to C.R.S. 1973, 29 -1 -201 et seq, authorizing and providing for intergovernmental cooperation and relationships, there is hereby created as a separate legal entity an intergovern- mental agency. Upon enactment of Resolutions which endorse, ratify and adopt by reference this Ordinance by the Board of County Commissioners of Pueblo County, the Pueblo Board of Water Works and the Board of Education of School District 60 and School District 70, such governmental entities shall become cooperating and participating political subdivisions in such intergovernmental agency subject to and in accordance with the provisions of this Ordinance. SECTION 3. NAME The name of the intergovernmental agency hereby created shall be the Pueblo Area Council of Governments, hereinafter referred to as PACOG. SECTION 4. PURPOSES The purposes of PACOG are to provide elected officials from local units of governments with an opportunity to meet regularly and to study any and all matters of area -wide concern, to provide a vehicle whereby intergovernmental cooperation and coordination may be expedited, to provide an orderly means of obtaining citizen advice and staff assistance on all matters likely to come before the PACOG, and to consolidate and strengthen existing local efforts relating to land use, transportation, physical and environmental planning, and social and human resources planning. SECTION 5. GOALS The ultimate goals of PACOG are the improvement of life, the wise use of natural resources, the protection of the environment, orderly growth and development, wise governmental stewardship, equality of opportunity, fairness and justice, and betterments on behalf of the people of the area and to advance their health, safety and general welfare. SECTION 6. POWERS PACOG shall be empowered 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, and applicable law, including the following specific powers. (a) Statutory Powers. Subject to any specific limitations or restrictions imposed by law, or by this Ordinance, and in furtherance of the purposes and goals set forth in Sections 4 and 5 of this Ordinance, PACOG shall have and shall exercise all the powers lawfully available to it including without limitation those specified as available to a regional planning commission under C.R.S. 1973, 30 -28 -101 et seq. (b) General Powers. PACOG shall have the following general powers: (1) To employ agents and employees and to maintain offices for the transaction of its business within the amounts duly appropriated. (2) To study, investigate, and to make recommendations concerning any problem or opportunity relating to the development or welfare of the area within its jurisdiction. -2- (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, assistance or funds for and on behalf of PACOG or its Commissions, to consult and assist in applications for federal aid, assistance or funds on behalf of others, including the review of such applications, if requested, and a determination of their conformity to regional plans, or functional segments thereof, of the PACOG; to take such other action as may be necessary or proper in regard to such federal aid; and specifically, but not by way of limitation, PACOG shall be the policy committee for the Pueblo Area Transportation Study (PATS), A -95 Review, and all similar area -wide and multi - jurisdictional review activities. (6) To enter into contracts and agreements with the State of Colorado or any agency thereof, the United States or any agency thereof, or any other governmental entity, person, firm or organization relating to the planning activities, furnishing of services, and program implementation which would reasonably tend to accomplish the purposes and goals of PACOG. (c) Additional Powers. In furtherance of and not in limitation of the powers conferred by the State of Colorado, the PACOG 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 or projected planning and development activities pursuant -3- to prevailing state and federal statutes and regulations. (d) 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, corpora- tions, firms, or individuals, and to do every other thing or things, act or acts, incidental or appurtenant to, or growing out of, or connected with, the aforesaid objects, powers, goals 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. A REA OF JURISDICTION The area under the jurisdiction of PACOG shall be Pueblo County, Colorado 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 regional planning process, program of implementation, or any functional segment thereof, made and adopted by PACOG for the area under its jurisdiction, shall not be effective within the boundaries of any incorporated municipality or county within said area unless such plan, or planning process, program of implementation or functional segment thereof, shall be adopted by the governing body of such municipality or county; nor shall any such plan, or planning process, program of implementation or functional segment thereof, be deemed an official advisory plan, program of implementation, or planning process, of any municipality or county unless specifically adopted by the governing body of such municipality or county. SECTION 9. GENERAL MEMBERSHIP The general membership of PACOG shall consist of the cooperating -4- and participating political subdivisions, within the jurisdiction of PACOG, each of which shall designate, from the membership of their respective elected boards and councils, voting representatives as herein provided. SECTION 10. GOVERNING BODY The governing body of PACOG shall consist of thirteen (13) voting representatives, each having one vote, designated by and from the membership of the respective elected boards and councils of the cooperating and participating political subdivisions within the jurisdiction of the PACOG as hereinafter set forth. Each such political subdivision 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 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. SECTION 11. OTHER MEMBERS PACOG may prescribe and establish such forms of non - voting memberships and provide for the qualifications, acceptance, representation, duties, privileges, and fees, of such respective memberships, as may, from time to time, be in the best interests of PACOG. The Chairmen of each of the two (2) advisory commis- sions of PACOG, the Pueblo Regional Planning Commission and -5- the Pueblo Human Resources Commission, who are elected as such Chairmen by their respective advisory commissions, shall be nonvoting members of PACOG. SECTION 12. VACANCY In the event of a vacancy in the governing body of PACOG, whether caused by death, resignation, expiration of term of office of the designated representative, or otherwise, a qualified successor shall be immediately designated by the board or council of that particular political subdivision which originally appointed such representative. SECTION 13. CREATION OF ADVISORY COMMISSIONS There are hereby created the Pueblo Regional Planning Commission and Pueblo Human Resources Commission to serve as advisory commissions to the PACOG on social planning and physical planning. It is the intent that all matters of area -wide concern requiring careful study and advice be referred for review and recommendation to one or the other of these two Commissions. It is also intended that the advisory commissions cooperate with one another on matters that are interrelated or overlap the purpose and area of concern of the Commissions. (a) The purpose and area of concern of the Pueblo Regional Planning Commission shall be land use, physical design, recreational and environmental planning matters. (b) The purpose and area of concern of the Pueblo Human Resources Commission shall be social planning, which is defined to include such things as health planning, anti -crime planning, social program planning, anti - poverty planning, social services planning, and human relations planning. SECTION 14. TERMINATION OF STANDING COMMISSIONS The individual existence of the entities known as Pueblo Regional Planning Commission and Pueblo Human Resources Commission as Standing Commissions are hereby terminated and cancelled, nunc pro tuns as of July 12, 1971, the effective date of the original creation and organization of PACOG and that all acts required and necessary for the dissolution of the individual and separate existence of said Commissions shall be forthwith taken. Hereafter said Commissions shall exist soley as advisory commissions of PACOG with only those powers and authority specifically granted to such advisory commissions by resolution duly adopted by PACOG. Prior to January 1, 1982, the designated Director of Planning and Director of Human Relations after review by his respective Standing Commission shall reorganize the employees under each Standing Commission in accordance with the 1982 budget approved by PACOG. Persons who remain as employees on January 1, 1982 shall continue as employees of PACOG with benefits accrued under the duly adopted personnel policies of the respective Standing Commission but subject to uniform personnel policies to be adopted by PACOG. The By -Laws and Affirmative Action Plans of each Standing Commission shall continue and remain in effect until cancelled, modified or amended by resolution of PACOG. Prior to January 1, 1982, the designated Director of Planning and Director of Human Resources after review by his respective Standing Commissions shall submit to PACOG for its ratification, approval or rejection actions heretofore taken by each Standing Commission including the execution of any agreement, plan, document or any other contract or transaction which is necessary for the fulfillment of the purposes of PACOG and which should be continued in effect by PACOG. No such agreement, plan, transaction or contract shall be valid or binding upon PACOG unless specifically approved by resolution of PACOG. All assets of each Standing Commission shall be transferred to PACOG. All funds and monies appropriated for the benefit of each advisory commission shall be expended and committed by the Director thereof only in accordance with the budget of each commission as approved by PACOG. Each advisory commission shall exercise only those powers conferred on and vested in it by specific resolution of PACOG, and except in the exercise of the powers conferred upon -7- it, no action taken by any of said advisory commissions shall be effective nor shall same be binding upon PACOG until specifically approved or ratified by PACOG. Neither the advisory commissions nor the staff of PACOG shall undertake any study, plan or other activity unless specifically directed to do so by resolution of PACOG or its Executive Committee. The members of the two advisory commissions of PACOG, Pueblo Human Resources Commission and Pueblo Regional Planning Commission, shall be appointed by PACOG and shall be not less than 15 nor more than 18, the specific number of members for each advisory commission shall be fixed and established by resolution of PACOG. SECTION 15. EXECUTIVE DIRECTOR The Executive Director of PACOG shall be the City Manager of the City of Pueblo and he shall perform such acts and duties as shall be delegated to him by PACOG. SECTTON 19- nTRRCTnR OV PT.ANNTNG _ PACOG may employ a Director of Planning who shall be responsible to PACOG for the performance of all assigned and approved physical planning activities in accordance with the directives and policies of PACOG and within the approved budget for the Regional Planning Commission. The Director of Planning shall on a periodic basis submit to the Regional Planning Commission a report of his and his staff's activities and expenditures for review and recommendatia r,.,i.f any, to PACOG. SECTION 17. DIRECTOR OF HUMAN RESOURCES PACOG may employ a Director of Human Resources who shall be responsible to PACOG for the performance of all assigned and approved social planning activities in accordance with the directives and policies of PACOG and within the approved budget for the Human Resources Commission. The Director of Human Resources shall on a periodic basis submit to the Human Resources Commission a report of his and his staff's activities and expenditures for review and recommendations, if any, to PACOG. SECTION 18. LIABILITY Neither the individual members of the governing body of PACOG or the advisory commissions or the governing bodies or officials and boards of the cooperating and participating political subdivisions shall be liable on the undertakings of the PACOG, contractual or otherwise, regardless of the procedure by which such undertakings, or any of them, may be entered into. SECTION 19. FINANCES All cooperating and participating political subdivisions shall contribute so much of the annual funds required for the annual operation of the PACOG as shall be agreed upon and approved by the PACOG subject to proper action by the governing bodies of each such political subdivision. Such contributions shall be disbursed by action of PACOG. SECTION 20. BY -LAWS The PACOG shall have the responsibility and authority to make, alter, repeal, change, or modify such By -laws, consistent with this ordinance and prevailing laws and regulations, as it may, from time to time, deem proper for the management of the business and affairs of the PACOG and its two advisory commissions. SECTION 21. DISSOLUTION In the event PACOG 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 22. AMENDMENTS PACOG shall have the responsibility and authority to establish, alter, repeal, change, or modify PACOG by -laws and operating policies, consistent with this Ordinance and other prevailing laws and regulations, as it may, from time to time, deem proper for the management of the business and affairs of the PACOG, provided however, that written notice of the same shall be furnished to each member of the governing body of PACOG not less than ten (10) days prior to the special or regular meeting at which time such matters are to be proposed. SECTION 23. EFFECTIVE DATE This Ordinance shall become effective January 1, 1982. INTRODUCED: December 14 , 1981 By M IKE OCCHIATO Councilperson APPROVED: President Coun 1 ATTEST: C ty-,-91 e 7V -10-