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HomeMy WebLinkAbout05195ORDINANCE NO. 5195 AN ORDINANCE REORGANIZING THE PUEBLO AREA COUNCIL OF GOVERNMENTS AND REPEALING ORDINANCE NO. 4924. BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. REPEAL OF PRIOR ORDINANCES Ordinance No. 4924 reorganizing the Pueblo Area Council of Governments is hereby repealed. Such repeal shall not however invalidate or affect any official action of the Pueblo Area Council of Governments heretofore lawfully taken, adopted or performed which is not inconsistent with or in conflict with any provision of this Ordinance nor shall such repeal revive any ordinance or resolution repealed by said Ordinance No. 4924. 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 Com- missioners of Pueblo County, the Pueblo Board of Water Works and the Board of Education of School District No. 60 and School District No. 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 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 matters of regional concern, to provide a vehicle whereby intergovernmental cooperation and coordination may be expedited, to provide an orderly means of obtaining public and private input on matters of regional concern, and to consolidate and strengthen existing local efforts relating to regional planning. SECTION 5. GOALS The ultimate goals of PACOG are the improvement of life, protection of the environment, orderly growth and development and advancement of the health, safety and general welfare of the People of the City and County of Pueblo, Colorado. SECTION 6. POWERS PACOG shall be empowered to do everything reasonable and necessary to accomplish the purposes and goals hereinabove set forth consistent with this Ordinance and applicable law, and shall have the following specific powers. (a) 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 to PACOG by any of its partici- pating governmental entities. (2) To review and make recommendations concerning -2- matters relating to regional planning within Pueblo County, Colorado properly submitted to it. (3) To accept, for any of its purposes, donations, grants of monies, equipment, supplies, materials, or services from any cooperating and participating govern- mental 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. (4) To apply for federal aid, assistance or funds for and on behalf of PACOG, 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 and to take such other action as may be necessary or proper in regard to such federal assistance. (5) To enter into contracts and agreements with any person or entity including the State of Colorado or any agency thereof, the United States or any agency thereof, or any other governmental entity, person, firm or organi- zation relating to regional planning matters, furnishing of services, and program implementation which would reasonably accomplish the purposes and goals of PACOG. (b) Additional Powers. In furtherance of and not in limi- tation of the powers conferred hereby, PACOG shall, upon proper designation, have the power and authority to act as a regional -3- and multi - jurisdictional review and planning agency and as the clearinghouse, or other agency, for the review of regional planning and development projects and activities. SECTION 7. AREA OF ACTIVITY The area of activity of PACOG shall be Pueblo County, Colorado or such regional area or areas as may, from time to time, be specifically designated or assigned by applicable local, state or federal authority. 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 its area of activity, 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 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 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 -4- 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 area of activity of 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. -5- 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. 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. ADVISORY COMMISSIONS The Pueblo Regional Planning Commission and the Pueblo Human Resource Commission, the Advisory Commissions created by Ordinance No. 4924, are hereby abolished, terminated and cancelled. The furniture, equipment, records and other property of PACOG under the control and use of such Advisory Commissions, shall be transferred and distributed, based upon functions and activities to be assumed and performed, to either the City of Pueblo or the County of Pueblo as the City Manager of the City of Pueblo and the County Manager of County shall mutually determine. PACOG may by resolution appoint committees composed of members of its governing body and such other persons to perform such acts and functions as the governing body of PACOG shall AMENDED 12/10/84 determine. SECTION 14. EXECUTIVE DIRECTOR The City Manager and County Manager acting jointly shall be the Executive Director of PACOG and shall perform such acts and functions as shall be delegated to the Executive Director by PACOG. The Pueblo County Director of Planning and Development shall act as Manager of PACOG under the general supervision of the Executive Director. The Manager shall perform and be responsible for such duties and functions as shall be assigned and delegated to the Manager by the Executive Director. SECTION 15 . PACOG PERSONNEL Except as provided in paragraph (a) and (b) hereof, personnel positions of PACOG including without limitation the Director of Planning and the Director of Human Resources are hereby abolished and the employment of all employees of PACOG shall terminate December 31, 1984. (a) PACOG is the designated area agency on aging and the grantee of Older American Act Title III Funds and employees funded thereby shall continue as employees of PACOG under the supervision of the Executive Director of PACOG and PACOG Personnel Policies. (b) PACOG is the recipient of Federal Highway PL Funds and may be the grantee of Urban Mass Transit Agency Funds and employees funded thereby shall continue as employees of PACOG under the supervision of the Executive Director of PACOG and PACOG Personnel Policies. SECTION 16. COMMITTEES AND DIVISIONS (a) The Pueblo County Planning Commission created under Section 30 -28 -103, C.R.S. and the City of Pueblo Planning and Zoning Commission created by Section 12 -4 of the Charter of the City of Pueblo acting jointly shall be the land use planning ora and transportation advisory committee to PACOG. The land use planning advisory committee shall meet at least quarterly and upon request of either PACOG, the City, or the County. The land use planning advisory committee may undertake such activities, studies and reviews as required by law or as directed and assigned by PACOG, the City or the County. (b) The Environmental Policy Advisory Committee (EPAC) shall continue as the advisory committee to PACOG for regional environmental and air and water quality matters. EPAC shall undertake such activities, studies and reviews as required by law or as directed and assigned by PACOG. (c) The Urban Transportation Planning Division (UTPD), formerly the Pueblo Area Transportation Study (PATS), shall continue as a division of PACOG for regional transportation matters. UTPD shall undertake such activities, studies and reviews as required by law or as directed by PACOG. (d) PACOG shall continue as the designated area agency on aging for region VII -A (Pueblo Area Agency On Aging) and shall undertake such planning and other activities relating to aging services and programs as required by law or as directed by PACOG. SECTION 17. LIABILITY Neither the individual members of the governing body of PACOG nor the governing bodies or officials or boards of the cooperating and participating governmental entities shall be liable for the acts or undertakings of PACOG, contractual or otherwise, regardless of the procedure by which such acts, undertakings, or any of them, may be entered into. W19 SECTION 18. FINANCES All cooperating and participating governmental entities shall contribute so much of the funds required for the annual operation of PACOG as shall be mutually agreed upon and separately approved by each of the participating governmental entities. Such contributions shall be disbursed only by action of PACOG governing board or pursuant to an annual budget approved by it. SECTION 19. 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 20. BY -LAWS PACOG shall have the 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 govern- ing body of PACOG not less than ten (10) days prior to the special or regular meeting at which such matters are to be proposed. SECTION 20. EFFECTIVE DATE This Ordinance shall become effective January 1, 1985. INTRODUCED: November 12 , 1984 By MIKE OCCHIATO Councilman -9- ATTEST: CT _Cl erk APPROVED: President of the City Council -10-