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HomeMy WebLinkAbout06144ORDINANCE NO. 6144 AN ORDINANCE REORGANIZING THE PUEBLO AREA COUNCIL OF GOVERNMENTS AND REPEALING ORDINANCE NO. 5195 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 CREATION OF THE PUEBLO AREA COUNCIL OF GOVERNMENTS The Pueblo Area Council of Governments (the "PACOG ") was organized and created as an intergovernmental agency and separate legal entity pursuant to the authority of section 29 -1 -201 et. seq., C.R.S. by the adoption and approval of Ordinance No. 4924 and reorganized by Ordinance No. 5195 adopted and approved by and among the following cooperating and participating governmental subdivisions acting by and through their respective governing bodies: Pueblo, a municipal corporation; Pueblo County, Colorado; Board of Water Works of Pueblo, Colorado; School District No. 60; and School District No. 70. SECTION 2. MEMBERSHIP IN PACOG A. Upon adoption and approval of this Ordinance by their respective governing bodies, the following cooperating and participating governmental subdivisions within Pueblo County, Colorado; to wit: Pueblo, a municipal corporation; Pueblo County, Colorado; Board of Water Works of Pueblo, Colorado; School District No. 60; School District No. 70; Pueblo West Metropolitan District; and Colorado City Metropolitan District, shall remain and/or become Members of PACOG subject to and in accordance with the provisions of this Ordinance. B. Other governmental subdivisions within Pueblo County, Colorado, may by application filed in accordance with the procedures established by PACOG's Bylaws become Members of PACOG upon approval by a majority of the voting representatives of PACOG and V , f adoption of this Ordinance by the governing body of such governmental subdivision. C. Any Member of PACOG may withdraw as a Member of PACOG by written request adopted by the Member's governing body and filed with PACOG. D. Any Member of PACOG may be removed as a Member of PACOG by the affirmative vote of two - thirds of the voting representatives of PACOG. SECTION 3. PURPOSES The purposes of PACOG are to provide elected officials from local units of government within Pueblo County, Colorado, an opportunity to meet regularly and to study matters of regional concern and cooperative projects, to provide a vehicle whereby intergovernmental cooperation and coordination may be expedited, and to consolidate and strengthen existing local efforts relating to regional planning and cooperative projects. PACOG may: A. Serve as a mutual forum for identification, discussion, and voluntary resolution of community and regional needs and problems; B. Administer such programs as the PACOG shall by resolution undertake in furtherance of its purposes; C. Provide for the study and planning of regional improvement, development and conservation and provide a means for implementing the result of said studies and planning; D. Provide a mechanism and organization to obtain public and private input, discuss, study, plan, develop policy and administer programs concerning health, welfare, education, environment, housing, economic development, resources and manpower in the Pueblo Area; E. Provide a mechanism for fostering effective communication, cooperative efforts and collective action among governmental and other agencies in the Pueblo Area; -2- F. Act as the applicant and supervising body for federal and state funded programs where authorized to do so under federal and state laws and regulations; G. Engage in all functions authorized and permitted by this Ordinance; and H. Establish a mechanism to encourage local governments to cooperate in providing services to the public in order to gain the maximum benefit from taxpayers' dollars. SECTION 4. POWERS PACOG shall be empowered to do everything reasonable and necessary to accomplish the purposes hereinabove set forth consistent with this Ordinance and applicable law, and shall have the following 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 limits of the funds duly appropriated to PACOG by Members or otherwise made available to PACOG. (2) To review and make recommendations concerning matters relating to regional planning and development and cooperative projects within Pueblo County, Colorado properly submitted to it. (3) To accept donations, grants, equipment, supplies, materials, or services from any Member, the United States or any agency thereof, the State of Colorado or any agency thereof, or any other governmental entity or private person, organization, firm, or corporation. (4) To apply for federal or state grants, assistance, or funds for and on behalf of PACOG or any of its Commissions, to consult and assist in applications for federal -3- Y or state grants, assistance, or funds on behalf of PACOG or any of its Commissions or other entities, including the review of such applications, if requested, and a determination of their conformity to regional plans and cooperative projects, and to take such other action as may be necessary or proper in regard to such federal or state grants or 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 or private person, firm or organization relating to regional planning matters, cooperative projects, furnishing of services, and program implementation which would reasonably accomplish the purposes of PACOG. (6) To accept the responsibilities of and act as the designated agency on aging for Region VII -A (Pueblo Area Agency of Aging) and to undertake such planning and other activities relating to aging services and programs as required by applicable law and regulation. B. Additional Powers. In furtherance of and not in limitation of the powers conferred hereby, PACOG shall, upon proper designation, have the power and authority to act as a regional review and planning agency and as the clearinghouse, or other agency, for the review of cooperative projects and regional planning and development activities. SECTION 5. AREA OF ACTIVITY The area of activity of PACOG shall be Pueblo County, Colorado (the "Pueblo Area ") SECTION 6, PLANS. PLANNING PROCESS No cooperative project, or regional plan, or regional planning process, program or program of implementation, or any functional segment thereof, made and adopted by PACOG shall be -4- effective within the boundaries of any Member of PACOG until adopted by the governing body of such Member; nor shall any such cooperative project, or plan, or planning process, program or program of implementation, or functional segment thereof, be deemed an official cooperative project, or plan, or program or program of implementation, or planning process, of any Member of PACOG unless specifically adopted by the governing body of such Member. SECTION 7. COUNCIL The governing body of PACOG (herein the "Council ") shall consist of fifteen (15) voting representatives, each having one vote, designated by and from the membership of the respective governing bodies of the Members of PACOG as hereinafter set forth. Each Member of PACOG shall be entitled to at least one voting representative. Voting representatives on the Council shall be 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; B. Seven (7) voting representatives shall be designated by and from the City Council of the City of Pueblo, Colorado; C. One (1) voting representative shall be designated by and from the Board of Water Works of Pueblo, Colorado; D. One (1) voting representative shall be designated by and from the Board of School District No. 60, in Pueblo County, Colorado; E. One (1) voting representative shall be designated by and from the Board of School District No. 70, in Pueblo County, Colorado; F. One (1) voting representative shall be designated by and from the Board of -5- Pueblo West Metropolitan District; and G. One (1) voting representative shall be designated by and from the Board of Colorado City Metropolitan District. Each additional governmental subdivision accepted as a Member of PACOG pursuant to Section 23 of this Ordinance shall designate from the membership of its elected governing body one (1) voting representative. The Council shall be increased by one (1) for each additional governmental subdivision accepted as a Member of PACOG. SECTION 8 NON - VOTING MEMBERS OF THE COUNCIL The Colorado Department of Transportation Commissioner for Region 10 shall be an ex officio member of the Council without voting rights. The Council may by amendment to PACOG's Bylaws provide for additional non - voting members of the Council as deemed, from time to time, to be in the best interests of PACOG. SECTION 9. VACANCY In the event of a vacancy in the voting representatives of the Council, whether caused by death, resignation, expiration of term of office, or otherwise, a qualified successor shall be immediately designated by the governing body of the Member which originally appointed such representative to the Council. SECTION 10 COMMITTEES AND COMMISSIONS OF PACOG The Council may by PACOG's Bylaws or separate resolution adopted by a majority of the Council establish and appoint such committees and commissions to perform such acts and functions as the Council shall determine to be in the best interests of PACOG. SECTION 11 EXECUTIVE DIRECTOR AND MANAGER Q The Council may by PACOG's Bylaws or separate resolution adopted by a majority of the Council designate and appoint an Executive Director or Co- Executive Directors of PACOG to perform such acts and functions as may be delegated by the Council and a Manager of PACOG to serve under the direction and general supervision of the Director or Co- Executive Directors. SECTION 12. LIABILITY Neither the individual representatives of the Council nor the Members of PACOG nor the governing bodies or officials of the Members shall be liable for any act or undertaking of PACOG, contractual or otherwise, regardless of the procedure by which such act or undertaking may be entered into. SECTION 13, FINANCES Each Member of PACOG shall contribute so much of the funds required for the annual operation of PACOG as shall be determined by the Council and separately approved by the governing body of such Member. Such contributions shall be disbursed only by action of the Council or pursuant to an annual budget or amendments thereto approved by the Council. SECTION 14. DISSOLUTION In the event PACOG shall be dissolved, such dissolution and distributions, if any, shall be made, and all dissolution proceedings shall be performed in accordance with applicable law. SECTION 15. BYLAWS The Council shall have the authority by majority vote to establish, alter, repeal, change, or modify PACOG Bylaws 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 PACOG, provided, however, that written notice thereof shall be furnished to each -7- 9 member of the Council not less than ten (10) days prior to the special or regular meeting at which such matter is to be proposed and acted upon. SECTION 16, REPEAL OF PRIOR ORDINANCE Ordinance No. 5195 reorganizing the Pueblo Area Council of Governments is hereby repealed. Such repeal shall not however invalidate, modify, change or affect any contract or other official 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. 5195. SECTION 17. APPLICABLE PROVISIONS OF LAW This Ordinance shall be governed by and construed in accordance with the laws of the State of Colorado. SECTION 18. SEVERABILITY CLAUSE If any section, clause or provision of this Ordinance shall for any reason be held invalid or unenforceable, the invalidity or enforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 19, CAPTIONS The captions or headings in this Ordinance are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Ordinance. SECTION 20 EFFECTIVE DATE This Ordinance shall become effective January 1, 1997. INTRODUCED: November 11 , 1996 10 By Camay Garcia Councilperson ATTEST: City Clerk APPROVED: Presid t of the City Council In