There is hereby created the Joint Lakin-Deerfield-Kearny County Area Planning Commission as authorized by K.S.A. 12-716 to K.S.A. 12-721, inclusive, together with any and all amendments thereto.
The Joint Lakin-Deerfield-Kearny County Area Planning Commission shall consist of nine members, three of whom shall be appointed by the mayor of the City of Lakin, by and with the consent of the city council of the City of Lakin; three of whom shall be appointed by the mayor of the City of Deerfield, by and with the consent of the city council of the City of Deerfield; and three of whom shall be appointed by the chairperson of the board of county commissioners, by and with the consent of the board of county commissioners of Kearny County, Kansas.
All terms shall commence on the 1st day of January, and expire on the 31st day of December. All terms of office, other than the terms of the initial appointees, shall be for three years.
The City of Lakin shall name in the manner above-provided one appointee whose term will expire December 31, 1982, one appointee whose term will expire December 31, 1983, and one appointee whose term will expire December 31, 1984. The City of Deerfield shall name in the manner above-provided one appointee whose term will expire December 31, 1982, one appointee whose term will expire December 31, 1983 and one appointee whose term will expire December 31, 1984. The County of Kearny shall name in the manner above-provided one appointee whose term will expire December 31, 1982, one appointee whose term will expire December 31, 983, and one appointee whose term will expire December 31, 1984. In the case of the death, incapacity, resignation or disqualification of any member, the board making the appointment of such member shall appoint another member for the unexpired terms of such deceased, incapacitated, resigned or disqualified member.
Any person who resides within Kearny County shall be eligible for appointment by any governing body. No person shall be disqualified from continuing to serve on such planning commission by reason of changing his or her residence, provided, however, such person continues to reside within Kearny County, Kansas. Provided no more than one member from each cooperating city or county shall be an elected officer of such city or county.
Members of the Joint Lakin-Deerfield-Kearny County area planning commission shall serve without compensation, but may be reimbursed for expenses actually incurred in the performance of their duties as members of the commission.
The commission shall convene for its first meeting at such time and place as shall be fixed by the mayor of the City of Lakin, the mayor of the City of Deerfield, and the chairperson of the Board of County Commissioners of Kearny County, and shall, thereupon, proceed to organize and elect officers and fix and determine times and places of future meetings, which the meetings shall not be less frequent than once a month.
The commission shall elect one member as chairperson and one member as vice-chairperson. The terms of the chairperson and the vice-chairperson shall be for one year and until his or her successor shall have been elected and qualified.
The commission shall designate a secretary and may also designate an assistant secretary, neither of whom need be members of the planning commission itself. The secretary and/or assistant secretary, as the case may be, shall cause a proper record to be kept of all the proceedings of the commission.
Special meetings of the commission may be called by the chairperson or, in his or her absence, by the vice-chairperson.
The presence of five members of the commission at any meeting shall constitute a quorum for the transaction of business.
The general function and purpose of the commission shall be to make those long-range comprehensive studies and plans for the development of the area within the contemplation of this agreement that will guide the unified development of the area, eliminate planning duplication, provide for community development and promote economy and efficiency in the coordinated development of the area and the general welfare and prosperity of its people.
The commission shall make a plan or plans for the development of the area contemplated by this agreement, which may include, but shall not be limited to, recommendations for principal highways, bridges, airports, parks and recreational areas, schools, public institutions and public utilities. Any plan or plans so developed shall be based on studies of physical, social, economic and governmental conditions and trends.
The commission may also assist the cities and county within its area of jurisdiction in carrying out any plan or plans so developed by the commission and may also assist any board of agency of the cooperating cities and county in the preparation or effectuation of local plans and planning consistent with the program of the commission.
In the interest of economy and efficiency and in the interest of uniform standards and procedures, the commission is further empowered to assume all duties and functions presently being exercised by the local planning agencies of each of the parties to this agreement and to carry into effect such provisions of state law relating to planning which are authorized for such joining cities and county and which each may under existing laws now separately exercise and perform.
In order that this section shall be given further meaning and effect, it is understood and agreed that from and after the effective date of this agreement the commission shall assume and perform all powers, duties and functions heretofore vested in the Lakin planning commission, Deerfield planning commission, and Kearny County planning commission (a/k/a Kearny County planning board), respectively.
The area of planning jurisdiction of the commission shall consist and be comprised of all incorporated and unincorporated areas as may be found within the boundaries of Kearny County.
The commission, as established under the provisions of this article, shall be authorized to receive for its own uses and purposes those funds or moneys made available to it from each of the participating cities and county as hereinafter set out, any funds or moneys which may be made available from the State of Kansas or the federal government, and any funds or moneys made available to it from any other source, including bequests, gifts, donations or contributions.
The county treasurer of Kearny County is hereby designated as the lawful custodian and disbursing agent for any and all such funds so received and regardless of the source.
The parties hereto shall employ a person to act as the building-zoning official pursuant to a job description approved by each of the parties. The job description shall be subject to change and amendment from year to year.
On or before the first Monday in June of each year, the commission and the building-zoning official shall submit to the city council of the City of Lakin, the city council of the City of Deerfield, and the board of county commissioners of Kearny County, a budget of income and expenditures for the ensuing fiscal year on forms provided by the respective jurisdictions. Thereupon, such budget shall be considered by the city council of the City of Lakin, the city council of the City of Deerfield, and the board of county commissioners of Kearny County and such budget as submitted or as the same may be amended or revised shall be approved and adopted by each of the governing bodies. The parties hereto shall arrive at the percentage of expenditures to be paid by each.
Upon approval and adoption of the budget by the governing bodies as hereinbefore provided, they shall each appropriate to the county treasurer of Kearny County for the benefit of the commission those funds and moneys as are necessary to meet and satisfy their respective proportionate shares of the total budget of the commission as hereinbefore described.
The purchase of all property and materials for the use of the commission shall be within the exclusive jurisdiction of such commission and shall be acquired from those funds made available to the commission as hereinbefore set out.
Except as may otherwise be modified by this article, all planning and zoning actions of every kind and character theretofore taken by either the Lakin planning commission, the Deerfield, planning commission and the Kearny County planning commission (a/k/a Kearny County planning board) shall be continued in full force and effect and shall in no way be effected by this joint resolution and ordinance, except that the administration and supervision of the planning and zoning activities as hereinbefore described shall be transferred from and after the effective date of this agreement to the commission. Further, and upon the effective date of this agreement, all records, files, minutes, maps, plats and other property of the Lakin planning commission, the Deerfield planning commission and the Kearny County planning commission (a/k/a/ Kearny County planning board) shall be transferred to the commission.
If this agreement, or the ordinances or resolution authorizing the adoption of the same, or any part thereof, shall be held or determined to be unconstitutional, illegal, ultra vires or void, the same shall not be held or construed to change or annul any provisions hereof which may be legal or lawful; and in the event the resolution or ordinances, or this agreement, or any part thereof, shall be held unconstitutional, illegal, ultra vires or void, the same shall not affect any action heretofore taken by the Lakin planning commission, the Deerfield planning commission, and the Kearny County planning commission (a/k/a Kearny County planning board), respectively, as heretofore established and constituted.
Prior to and as a condition precedent to its entry into force, this agreement shall be submitted to and receive the written approval of the attorney general of the State of Kansas as to the form and compatibility of such joint agreement with the laws of the State of Kansas.