§ 16-30. Agreement.

The City of Monroe, Louisiana, herein represented by its mayor; the City of West Monroe, Louisiana, herein represented by its mayor; the Ouachita Parish Police Jury, herein represented by its president; the Monroe City School Board, herein represented by its president; and Ouachita Parish School Board, herein represented by its president; each of said bodies being represented by its chief executive officer pursuant to authority contained in an ordinance and/or resolution of its governing body, a certified copy of which is attached hereto, [to Ord. No. 7358, on file] do hereby enter into and execute this agreement to establish the Ouachita Council of Governments:

ARTICLE 1. NAME

The name of the organization herewith created is Ouachita Council of Governments.

ARTICLE 2. PURPOSES

The purpose and functions of the Ouachita Council of Governments shall be:

(1)

To carry on a continuing comprehensive planning program that supplements and coordinates but does not duplicate the programs of the member units.

(2)

To study such area governmental problems common to two or more members of the council as it deems appropriate, including but not limited to matters affecting health, safety, welfare, education, economic conditions and regional development.

(3)

To promote cooperative arrangements and coordinate action among its members.

(4)

To make recommendations for review and action to the members and other public agencies that perform functions within the region.

(5)

To serve as a clearinghouse, for the benefit of the member governments, of information concerning their common problems and concerning state and federal services available to assist in the solution of these problems.

ARTICLE 3. MEMBERSHIP

There shall be two (2) classes of membership in this organization—regular members and associate members. There may be six (6) regular members of this organization as follows:

(1)

Two (2) members from the City of Monroe Commission Council (one of whom may be the mayor) appointed by the commission council;

(2)

Two (2) members from among the membership of the mayor and board of aldermen of the City of West Monroe (one of whom may be the mayor);

(3)

Two (2) members from among the membership of the Ouachita Parish Police Jury (one of whom may be the president) appointed by the Ouachita Parish Police Jury.

Any other unit of government situated within Ouachita Parish, or having an operating office in this parish, other than those named above, including without limitation other incorporated municipalities, port commissions, levee boards, and boards of commission for sewerage districts, may make application for associate membership. If such governmental unit is one of those specifically enumerated in the preceding sentence, it shall be automatically admitted to membership; otherwise, its application must be formally acted upon and approved before it shall become an associate member. When admitted to associate membership, a governmental unit shall designate one person as its representative on the council. Unless otherwise specifically approved by the regular members of the council, such representative shall be a member of the governing authority of such governmental unit or its chief executive officer.

Each regular member of the council shall be eligible to serve thereon only so long as he continues to hold office on the local governmental unit represented by him on the council. The local governmental unit appointing any regular member or representative to serve on the council may designate his term of office, but may further replace such member or representative at any time by action of its governing authority.

Each regular member of the council shall have one vote. Associate members' representatives shall have no vote and may not serve as chairman or vice-chairman of the council, but they shall otherwise be entitled to the same membership benefits as regular members.

ARTICLE 4. QUORUM AND VOTING

A quorum shall consist of a majority of the regular members of the council. Proxies shall be recognized provided they are in writing and filed with the secretary of the council at the beginning of the meeting. A majority of those regular members of the council present shall be required to carry any motion or resolution. However, any motion or resolution which affects the particular territorial jurisdiction of a member shall have the affirmative vote of that member in order to carry said motion or resolution. A quorum as hereinabove defined must be present at the time of any vote on any motion or resolution. The vote of each member present, or his abstention, shall be shown with respect to each motion and resolution.

ARTICLE 5. OFFICERS AND EMPLOYEES

The officers of the council shall consist of a chairman, vice-chairman, secretary, treasurer and such other officers as the council may deem proper. The offices of secretary and treasurer may be combined into a single office of secretary-treasurer. The chairman and vice-chairman shall be regular members of the council, but the secretary and treasurer, or secretary-treasurer, need not be a regular member or representative of an associate member on the council.

The council may employ such technicians, consultants and other personnel as it may need to perform its work.

ARTICLE 6. FINANCES

The expenditures of the council shall be within the amounts appropriated to it by the respective member bodies and received by it as gifts or grants. The council shall prepare and adopt an annual budget and all expenditures shall be within the limit of said budget.

Governmental units having regular members shall contribute to the budgetary requirements of the council in the following proportions:

(1)

City of Monroe .....48.9%

(2)

City of West Monroe .....12.9%

(3)

Ouachita Parish Police Jury .....38.2%

At the time of each federal census the percentages of the cities of West Monroe, Monroe and the Ouachita Parish Police Jury shall be recalculated in relationship to each other on the basis of the population of each governmental unit, except that the population of Ouachita Parish shall be computed as that outside the cities of Monroe and West Monroe.

The percentage assigned to the two school boards shall be divided between them on the basis that the average daily membership of each system bears to the total average daily membership of both systems combined.

In the event a school board shall not become a member of the council, or in the event of withdrawal of a school board from the council, or in the event any other regular member governmental unit shall not become a member of the council, or in the event of the withdrawal of any regular member governmental units, the percentage assigned to said school board, or to said governmental unit, shall be divided among the remaining regular members in the proportion that their percentages bear to each other.

The council may levy on its associate members, and include in its budget, a membership fee on each such member. This membership fee need not be uniform among such members but may be computed or fixed on any basis deemed proper by the regular members of the council.

The council may accept and expend funds, grants, gifts and services from the United States of America or its agencies, from the State of Louisiana or its departments, agencies or instrumentalities, from any governmental unit whether participating in the council or not, and from private and civic sources.

Each of the governmental units having regular members on the council of governments shall pay its full portion of the council's annual budget in advance of the council's fiscal year for which said budget was adopted.

All disbursements of funds by the council shall be by check signed by two officers of the council, one of whom shall be the treasurer.

ARTICLE 7. BY-LAWS

The council may adopt by-laws designating its officers, providing for the conduct of its business, and generally covering any other subject matter necessary or proper for the promotion, advancement, or execution of its purposes as herein stipulated, provided such by-laws do not conflict with the provisions of this agreement.

ARTICLE 8. AMENDMENT OF THIS AGREEMENT

This agreement may be amended at any time by the joint action of the governmental units having regular members on the council of governments. Such amendments shall be evidenced by written agreement executed by the said governmental units, acting through their chief executive officers and pursuant to authority granted by the governing body of each such unit of government.

ARTICLE 9. FAILURE TO BECOME MEMBER OF OR WITHDRAWAL FROM COUNCIL

Any governmental unit entitled to regular membership on the council may elect not to become a member of the council, or, after becoming a member, may withdraw therefrom; provided that in either event this agreement shall be binding upon the remaining members and the council shall have all of the powers and may exercise all of the rights herein granted as fully as though all governmental units entitled to regular membership had exercised the privilege of becoming or remaining members of the council.

Associate members may withdraw from the council at any time.

ARTICLE 10. EFFECTIVE DATE

This agreement shall become effective on September 10, 1968 or when executed by four of the five governmental units entitled to regular membership in the council, whichever is later.

(Res. of 2-26-73; Ord. No. 7358, § 2, 3-19-73)