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Governments is hereby repealed.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any ordinance or resolution repealed by said Ordinance No. 4924.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
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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
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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
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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.
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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
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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
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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.
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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
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ATTEST:
CT _Cl erk
APPROVED:
President of the City Council
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