HomeMy Public PortalAboutOrdinance 490 Amend Chapter 2 Article 10 To Appoint Joint Facilities Oversite CommitteeTOWN OF FRASER
ORDINANCE NO. 490
Series 2023
AN ORDINANCE AMENDING CHAPTER 2 ARTICLE 10 OF THE FRASER MUNICIPAL CODE
REGARDING THE APPOINTMENT OF THE JOINT FACILITIES OVERSIGHT COMMITTEE
WHEREAS, in 2001 The Upper Fraser Valley Wastewater Treatment Agreement (the Joint
Agreement) was entered into by and between the Fraser Sanitation District (FS), Winter Park
West Water and Sanitation District (WPW) and Grand County Water and Sanitation District
#1(GC),
WHEREAS, the purpose of the Joint Agreement is for FS, WPW and GC to cooperate in the
joint construction, maintenance and operation of joint interceptor sewer lines and joint sewage
treatment facilities(the Joint Facilities),
WHEREAS, the Joint Agreement created the Joint Facilities Oversight Committee (JFOC), a
nine -member oversight committee comprised of three members of the Board of Directors of
each District appointed by the respective District. The committee is not a separate political
entity. Each member of the JFOC serves at the pleasure of the District which appoints such
member. In addition to appointing members of the JFOC, each District also may appoint any
member of its Board not appointed to the JFOC to act as an alternate at any meeting of the
JFOC,
WHEREAS, the JFOC was established as an oversight committee to represent the three
Districts generally for the purposes of construction, expanding, operating, managing and
maintaining the Joint Facilities for the benefits of the Districts, and communicating with the Joint
Facilities Manager.
WHEREAS, in 2009 the Fraser Sanitation District was dissolved. Pursuant to Town of Fraser
Resolution No. 2009-11-03 and the Agreement to Continue Services entered into by and
between the District and the Town of Fraser, the Town assumed all rights, obligations and
duties of the District under the Joint Agreement.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO, THAT:
PART 1: AMENDMENT OF MUNICIPAL CODE.
Chapter 2 (Administration) Article 10 of the Fraser Municipal Code (herein sometimes referred
to as the "Municipal Code") is hereby amended as follows [Note: additions are shown in bold
underlined print; deletions are shown as str+kethr-eug11 print]:
ARTICLE 10 Joint Facilities Oversight Committee Appointees
Sec. 2-10.10. Creation.
The Upper Fraser Valley Wastewater Treatment Agreement created the Joint Facilities
Oversight Committee (JFOC). Pursuant to the Agreement, the Board of Trustees
appoints three (3) Trustees to serve as its representatives on the JFOC..
Sec. 2.10.20. Members.
The Town of Fraser's appointees to the Joint Facilities Oversite Committee shall consist
of three (3) members of the Board of Trustees selected by the Board of Trustees. The
Board of Trustees also may appoint another Trustee. not appointed to the JFOC. to serve
as an alternate.
Sec. 2.10.30. Terms.
Once appointed by the Board. the terms of the JFOC members shall correspond to their
respective official tenure as members of the Board of Trustees. The terms of each of the
appointed members shall continue until the second regular municipal election following
the appointment or until his or her successor takes office. Selections or appointments to
fill any vacancies caused by the expiration of a members term shall be made within thirty
(30) days following the regular municipal election at which the members term expires
Sec. 2.10.40 Responsibilities.
The appointed members of the Joint Facilities Oversite Committee may perform all
functions and exercise all rights and responsibilities of the JFOC as currently or
hereinafter authorized by The Upper Fraser Valley Wastewater Treatment Agreement. all
relevant current and future agreements. this Article, and future ordinances as adopted by
the Board of Trustees.
Sec. 2.10.50 Resignation, Removal and Vacancy.
(a) A Trustee appointed as a member of the JFOC may resign by providing written
notice to the Mayor.
(b) A Trustee appointed as a member of the JFOC may be removed by resolution of
the Board of Trustees for neglect of duty or malfeasance in office, or if such
member has missed three (3) consecutive meetings of the JFOC or three (3)
meetings of the JFOC in a fiscal year unless such absences shall be excused by
the Board of Trustees. The Mayor or the Board of Trustees. as the case may be.
shall file a written statement of reasons for such removal for consideration by the
Board of Trustees.
(c) Any vacancy resulting from the tender of resignation or removal by the Board of
Trustees shall be filled by Trustees by appointment at a regular Board meeting.
Sec 2.10.60 Compensation.
Appointees shall be compensated per Sec. 2.2.50 of the Municipal Code Compensation of
Mayor and Trustees. as though a meeting of the JFOC were a meeting of Board of
Trustees.
PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser
covering the same matters as embraced in this Ordinance are hereby repealed and all
ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby
repealed; provided, however, that such repeal shall not affect or prevent the prosecution or
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punishment of any person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this Ordinance.
PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser
hereby declares that it would have adopted this Ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases thereof be declared invalid or unconstitutional.
PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage,
adoption and publication thereof as provided by law.
PART 5: PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND QRDERED PUBLISHED BY THE BOARD OF TRUSTEES
AND SIGNED THIS IS DAY OF , 2023.
Votes in favor: 5
Votes opposed: ¢�
Votes abstained: 0
BOA F TRUSTEES OF THE
TOWN O (ASER, COLORA
BY: -
Philip Vandernail, Mayor
ATTEST:
Antoinette McVeigh, Town Clerk