Articles Of Association North Front Range Water Quality Planning Association

Article I | Article II | Article III | Article IV | Article V | Article VI | Article VII | Article VIII | Article IX | Article X

The undersigned Counties, Municipal Corporations and Districts, wishing to exercise the powers set forth in Article XIV, Section 18(2) of the Colorado Constitution and Part 2 of Article 1 of Title 29, CRS, as amended, hereby create the North Front Range Water Quality Planning Association, herein known as the "Association", and adopt these Articles of Association.

1. The Association shall promote regional water quality planning cooperation and coordination among local governments and others and between levels of government in Larimer County and Weld County, which constitute the geographical area of interest to its members, and which is referred to herein as the "Region". The need for a Water Quality Planning Association is based on the recognition that the people in the Region form a single community and are bound together not only physically but economically and socially. It is the purpose of the Association through its participating membership, staff and programs, to provide local officials with the means of responding more effectively to the local and regional water quality concerns of this regional community.
   
   In order to assure orderly and harmonious water quality planning in the Region, and to provide for the needs of future generations, it is necessary for the Association to serve as an advisory coordinating agency as well as the body politic specifically empowered as designated herein, to harmonize the activities of federal, state, county, municipal and private entities within the Region, and to render assistance and service and create public interest and participation for the benefit of the Region.


2. The Association may promote regional coordination and cooperation through activities designed to:
   1. Strengthen local governments and their individual capacities to deal with local water quality problems;
   2. Serve as a forum to identify, study and resolve areawide water quality problems;
   3. Develop and formalize policies involving regional water quality problems;
   4. Provide the organizational framework to insure effective communication and coordination among governmental bodies;
   5. Serve as a vehicle for the collection and exchange of water quality information of regional interest;
   6. Develop comprehensive water quality management plans for the Region;
   7. Represent the members as a group on matters of regional and mutual water quality concern; except members shall not be limited in expressing contrary views should they determine that an overriding local interest exists;
   8. Encourage action and implementation of regional plans and policies for water quality control by local, state and federal agencies and private entities;
   9. Provide technical and general assistance to members within its staff and financial capabilities. These services are inclusive of, but not limited to, services designed to:
   1. Identify water quality issues and needs which are regional and beyond the realistic scope of any one local government or member;
   2. Compile and prepare, through staff and from members, the necessary information concerning the issues and needs for Association discussion and decision;
   3. Obtain a consensus and coordinate regional action to meet the need or issue;
   4. Implement the details of the cooperative action among affected members, using such devices as contracts and agreements, parallel ordinances or codes, joint performance of services, transfers or consolidations of functions, or special subordinate operating agencies;
   5. And, publish current information of regional interest.
3. The Association shall be a body politic and corporate, and as such, shall have all the powers necessary to accomplish its purposes. Because its activities are of a regional, areawide, or multigovernmental nature, it shall constitute the entity to perform those regional and areawide functions which may be authorized by the Federal Clean Water Act or the Colorado Water Quality Control Act. To effectuate such powers, the Association shall:
1. Provide comprehensive areawide water quality planning; and
2. Be the designated entity for the purpose of receiving local, state or federal assistance to areawide or regional governmental entities for areawide water quality planning.
3. Be able to employ staff or contract for services.

1. The initial members of the Association are those governmental entities subscribing to these Articles. Any county, municipality, water conservancy district, special district which provides water or sewer services, or potential associate member located within the Region or located in any county contiguous to the Region may be admitted as a member of the Association upon the affirmative vote of a majority of the Association.
   
   The Association may impose such conditions upon such membership as it deems necessary to preserve the structure and integrity of the Association, including but not limited to, requiring a contribution to capital.
2. Any member may withdraw from the Association upon not less than six months' written notice prior to the end of any calendar year. Such notice shall be delivered to the Secretary of the Association. No such withdrawal shall serve to excuse the payment of any sums or performance of any obligation agreed to be paid or performed prior to the giving of such notice, or the payment of any sums for services actually performed prior to the end of such calendar year. No withdrawing member shall be entitled to distribution of any assets of the Association.

1. The business of the Association shall be conducted by representatives of the members, determined as follows:
   • One (1) representative of each county making at least the minimum contribution, who shall be a member of the Board of Commissioners or its designee.
   • One (1) representative of each municipality making at least the minimum contribution, who shall be the mayor, a member of the City Council or Town Board or its designee.
   • One (1) representative of each special district or water conservancy district making at least the minimum contribution, who shall be a member of the District Board or its designee.
   • One (1) representative of each combination of two or more municipalities with populations less than 3,000 and/or districts, which combination makes at least the minimum contribution, who shall be a mayor, a member of the City Council or Town Board, a member of the District Board or the designee of the members of the combination, as such members may decide among themselves.
   • One (1) representative of each Associate member making at least the minimum contribution.
   • One (1) representative of each combination of two or more Associate members, which combination makes at least the minimum contribution, who shall be chosen as the members of the combination may decide among themselves.
     
     *Associate membership is open to entities interested in the purposes of the Association, and may include, but is not limited to, any of the following: businesses and industries, federal government agencies, state government agencies and chambers of commerce. The number of representatives of Associate members and of interest groups shall not exceed the number of all other representatives combined. In the event the allowable number of such representatives would be exceeded, then the right to representation as determined above shall be abated in reverse order of date of admission of the Associate members, and all Associate members whose representation is abated shall constitute a combination with one representative until the allowable number changes.
   Not more that three (3) representatives of interest groups from the following categories admitted to membership by the representatives listed above, which memberships shall not require making the minimum contribution and shall be for a duration of one year: community action groups, the agriculture industry, the livestock industry, environmental organizations, soil conservation districts and those small towns which are not regular members. In no event shall the number of representatives of interest groups exceed the number of members from interest groups.
2. Each representative serving the Association shall serve at the direction of the member(s) he/she represents. Vacancies occurring on the Association from time to time shall be filled in the same manner as is provided for in the original designations.
3. Each representative may have an alternate, who shall be selected in the same manner as the representative.

1. The officers of the Association shall consist of a Chairperson, a Vice--Chairperson, a Secretary-Treasurer and such additional officers as the Association may determine from time to time.
2. In November of each year the Association shall appoint a Nominating Committee for the purpose of nominating candidates for the offices of Chairperson, Vice-Chairperson, Secretary-Treasurer and the four representatives of the general membership on the Executive Committee.
1. The Nominating Committee shall consist of five (5) representatives of members of the Association.
2. The Nominating Committee shall contact all member entities soliciting recommendations for the above-stated offices and shall make its report to the Association at the first meeting each year. Nominations will be accepted from the floor following the nominating Committee's report. Newly-elected officers will take office upon election.
3. Vacancies in any office shall be filled by the Association.
4. The duties of the officers shall be as follows:
1. The Chairperson shall preside at all meetings of the Association. He/she shall be the chief executive officer of the Association. As a qualification for office, except for the initial Chairperson, he/she shall have served at least one year as a representative of the Association. No Chairperson shall serve in that capacity in excess of three (3) consecutive years.
2. The Vice-Chairperson shall serve in the absence of the Chairperson, and, in addition, shall assist the Chairperson and shall perform such other duties as may be assigned by the Association.
3. The Secretary-Treasurer shall be the custodian of the books and records of the Association, shall keep the minutes of all meetings, shall be the chief fiscal officer of the Association and shall perform such other duties as may be assigned by the Association.
4. The Association may designate an assistant secretary and an assistant treasurer, who need not be representatives of members, and who shall perform such duties as may be assigned by the Association.
5. The Association may employ a staff or may contract for such expert services as the Association, in its discretion, may determine.
6. The Association may require its officers to furnish bonds, at the expense of the Association.

1. The Association shall meet at least six (6) times per year, at a time and place set forth in the minutes of the Association, and at such other times as the Chairperson may direct. All such meetings shall be open to the public and be tape recorded.
2. Thirty percent of the representatives shall constitute a quorum.
3. Once a quorum has been established, a majority of those present and voting shall be required to adopt any matter before the Association.
4. Each representative shall have one (1) vote to be cast in person or by the alternate, and there shall be no voting by proxy.
5. The Association, by majority vote of its representatives, may go into executive session for the purpose of discussing personnel matters and meeting with attorneys representing the Association in an adversarial situation, and for any other purpose authorized by and consistent with the Colorado Open Meetings Law.

The Association may establish working committees as is necessary, and shall provide for the appointment of the membership of said committees. These appointments, where necessary, shall be in accordance with state and/or federal requirements.

1. There shall be an Executive Committee which shall consist of the following: the Chairperson, Vice-Chairperson, Secretary-Treasurer and four (4) additional representatives.
2. The four (4) additional representatives on the Executive Committee shall be elected by the Association at its first meeting each year, subject to nominating provisions enumerated in Article IV of these Articles.
3. Officers of the Executive Committee shall be the same as the officers of the Association. Any vacancies shall be filled the same as under Article IV.
4. 1. The Executive Committee shall carry out the administrative functions and policies of the Association.
   2. The Executive Committee shall propose an annual budget and annual plan of operations to the Association.
   3. The Executive Committee may appoint ad hoc or special committees from those who are representatives to the Association.
   4. The Executive Committee shall conduct the business of the Executive Committee within the policy guidelines of the Association.
   5. The Executive Committee shall review and authorize all legal contracts, agreements, etc. between the Association and other agencies.
   6. The Executive Committee shall review and submit to the Association all amendments to the Articles of Association.
5. 1. The Executive Committee shall meet at such times as set forth in the minutes, or at other times as set by the Chairperson, and announced at least seven (7) days in advance by mail notification to the full membership. All such meetings shall be open to the public and be tape recorded, with minutes prepared and distributed to the entire membership.
   2. Five (5) members of the Executive Committee shall constitute a quorum.
   3. Each member of the Executive Committee shall have one vote. A simple majority of the members the Executive Committee present and voting shall be required to approve any matter before the committee. Proxies will not be used.
6. The Executive Committee, by majority vote of its members, may go into executive session for the purpose of discussing personnel matters and meeting with attorneys representing the Association in an adversary situation, and for any other purpose authorized by and consistent with the Colorado Open Meetings Law.

1. Each year prior to July 1 the Executive Committee shall submit to the Association and the Association shall adopt a preliminary budget required for the operation of the Association during the ensuing calendar year which shall also be the fiscal year. Upon approval of such preliminary budget the funds required by the Association shall be apportioned among the members by formula as determined by the Association. A membership contribution schedule shall be included as an integral part of the budget.
2. The final budget shall be approved by resolution of the Association membership at the first meeting of each budget year. Contributions shall be due and payable on January 15 each year.
3. The Association is specifically empowered to contract or otherwise participate in and to accept grants, funds, gifts, or services from any federal, state or local government or its agencies or instrumentalities thereof, and from private and civic sources, and to expend funds received therefrom, under provisions as may be required and agreed to by the Association, in connection with any program or purpose for which the Association exists.
4. The Association shall arrange for a systematic and continuous recordation of the Association's financial affairs and transactions and shall obtain an annual audit of its financial transactions and expenditures, or as otherwise required by law.
5. The Association may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of or on behalf of the Association, and such authority may be general or confined to special instances.
6. No loan shall be contracted on behalf of the Association, and no evidence of indebtedness issued in the name of the Association shall be signed by such officer or officers, agent or agents, of the Association.
7. All funds of the Association not otherwise employed shall be deposited from time to time to the credit of the Association in such banks, trust companies, or other depositories as the Association may select.

These Articles may be amended by two-thirds vote of the representatives present at any regular meeting of the Association, provided at least 30 days' written notice of the proposed amendment has been given to the members.

The Association may be dissolved upon the affirmative vote of the Association. Upon dissolution, the affairs of the Association shall be wrapped up, assets liquidated, debts and other obligations paid, and remaining assets distributed among the then members in the same proportions as such members' payments to the Association during the year next preceding the year of dissolution.