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8241 Est Metro Planning CommORDTNANCF NIIMRFR 1 1 1 (Published in The Salina Journal 1972) AN ORDINANCE CREATING A METROPOLITAN PLANNING COMMISSION FOR THE EXERCISE OF JOINT PLANNING FOR SALINE COUNTY, KANSAS, AND THE CITY OF SALINA, KANSAS: DESIGNATING THE AREA OF JOINT JURISDICTION; DESIGNATING THE QUALIFICATIONS AND APPOINTMENT OF MEMBERS,; DESIGNATING THE POWERS AND DUTIES OF THE COMMISSION; AND PROVIDING FOR THE SHARING OF EXPENSES OF OPERATION; AMENDING CHAPTER 27, ARTICLE I OF THE SALINA CODE AND REPEALING THE EXISTING CHAPTER 27, ARTICLE I. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Chapter 27, Article I, be amended to read as follows: "Section 27-1. Name. There is hereby created the Metropolitan Planning Commission. Section 27-2. Planning Area Jurisdiction. All the territory is legally described in "Exhibit "Aattached to this document. Section 27-3. Membership. The Metropolitan Planning Commission shall consist of nine members, all of whom shall be taxpayers; of which number two members shall reside outside of the corporate limits of the City of Salina, but within the Metropolitan Planning area; hereinafter called the Area. One member of the Metropolitan Planning Commission shall be the Executive Secretary of the County Planning Commission. The remaining members shall be residents of the City of Salina, Kansas. Section 27-4. Appointment; Terms of Office. The City shall appoint three members for a three year term, three members for a two year term, two members for a one year term and the Executive Secretary of the County Planning Commission for a perpetual term. One three year appointment and one two year appointment shall reside outside the corporate limits of the City of Salina, Kansas. That all appointments after the initial appointments shall be for three year terms from the first day of May of the year in which they are appointed. Section 27-5. Vacancies. That vacancies on the Metropolitan Planning Commission caused by death, resignation or other disability of any member shall be filled for the unexpired term only. Section 27-6. Compensation. The members of the Metropolitan Planning Commission shall serve without compensation. Section 27-7. Officers. That the members of the Metropolitan Planning Commission shall select one of their number as Chairman and one as Vice -Chairman, who shall serve one year or until their successors have been selected. Section 27-8. Meetings. That the members of the Metropolitan Planning Commission shall meet at least bi-monthly, at such time and place as they shall fix by resolution. Section 27-9. Special Meetings. That special meetings of the Metropolitan Planning Commission may be called at any time by the Chairman or in his absence, by the Vice -Chairman. Section 27-10. Quorum. That a majority of the Metropolitan Planning Commission shall constitute a quorum for the transaction of business; and a majority voce of those present shall be necessary for official action of the Metropolitan Planning Commission. Section 27-11. Records. That the Metropolitan Planning Commission shall cause a proper record to be kept of its proceedings, said record to be kept in the office of the appointed administrative agency serving the Metropolitan Planning Commission. Section 27-12. Functions, Duties and Powers. The Metropolitan Planning Commission shall have all powers and duties prescribed by law. 1 1 1 (a) In exercise of its general function, duties and powers, the Commission: 1. Shall prepare and recommend to the County and the City, a metropolitan plan or functional segments thereof, that may include, but not be limited to recommendations for the coordinated use of land; recommended development of parks and recreational areas, schools and public institutions, public buildings, public utilities and public works; financial planning including capital improvements programs; coordinated land use and sub- division procedures and regulations; coordinated programs for the elimination of blighted areas, including housing codes, building, plumbing and electrical codes, and the procedures for enforcement. 2. Shall in the interest of economy and efficiency and in the interest of uniform standards and procedures, wholly assume the duties and functions that are provided by law to the cities and counties in Kansas, in connection with the preparation, recommendation, implementation; and administration of local plans and planning programs of the Metropolitan Area Plan. 3. May employ such staff and/or professional consultants, as it may require, subject to approved budgetary require- ments and limitations hereinafter provided. 4. Shall be authorized to apply for, receive, and expend federal funds and to enter into contracts with the United States Government to perform and carry out its duties and functions and fuEther to provide planning assistance to the municipalities named herein within the limitations of the budget hereinafter provided. (b) In the exercise of its fiscal functions, duties and powers, the Commission: 1. Shall prepare an annual budget which shall be timely submitted to the City each year for approval. 2. Shall have the authority to make expenditures upon vouchers executed by the proper officials of the planning commission from funds appropriated; such funds to be held by the City Treasurer, who is hereby designated as the fiscal agent of the Metropolitan Planning Commission. The City Treasurer shall make disbursement upon receipt of valid vouchers. All funds, including federal grants, other gifts and donations, will be held for the Planning Commission by the City Treasurer and disbursed for the Planning Commission by the City Treasurer. 3. Shall have authority to purchase property and materials for the use of said commission and to issue vouchers in payment therefor. 4. Shall have authority to accept, receive and expend funds, grants, and services from the United States Government or its agencies and instrumentalities and from state and local governments. 5. Shall have authority to accept, receive and expend funds, grants and services from private persons or organizations, including business or non-profit organizations. 6. Shall deposit any monies received as gifts, donations or grants from public or private services for planning 1 1 purposes, with the fiscal agent to be available for expenditure by the Metropolitan Planning Commission by warrants upon such monies to be drawn only upon vouchers signed by the chairman or vice-chairman and secretary of the Metropolitan Planning Commission. 7. Shall operate within the approved budget. Section 27-13. Payment of Costs of Expenses. The costs and expenses of creating a Metropolitan Planning Commission in Saline County, and the preparation of the various plans and implementation procedures shall be defrayed by the City and the County by separate agreement. Section 27-14. Separability. If any one or more of the provisions of this agreement is declared unconstitutional or contrary to law, the validity of the remainder of the agreement shall not be affected thereby. Section 27-15. Effective Date. This agreement shall become effective upon its separate adoption or passage by the county and cities aforesaid and the publication thereof as provided by law." Section 2. Article I of Chapter 27 of the Salina Code is hereby repealed. Section 3. This ordinance shall be in full force and effect from and after its adoption and publication in the official city newspaper. (SEAL) ATTEST: D. L.Harrison,-City Clerk Introduced: February 28, jf972 Passed: August 21,/1972 D U 1 RESOLUTION NO. 605 (Saline County) A RESOLUTION creating a Metropolitan Planning Commission for the exercise of joint planning for Saline County, Kansas, and the City of Salina, Kansas; designating the area of joint jurisdiction; designating the qualifications and appointment of members; designating the powers and duties of the commission; and providing for the sharing of expenses of operation. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SALINE COUNTY, KANSAS: AND Section 1. Name. There is hereby created the Metropolitan Planning Commission. Section 2. Planning Area Jurisdiction. All the territory is legally described in "Exhibit A" attached to this document. Section 3. Membership. The Metropolitan Planning Commission shall consist of nine members, all of whom shall be taxpayers; of which number two members shall reside outside of the corporate limits of the City of Salina, but within the Metropolitan Planning area; hereinafter called the Area. One member of the Metropolitan Planning Commission shall be the Executive Secretary of the County Planning Commission. The remaining members shall be residents of the City of Salina, Kansas. Section 4. Appointment; Terms of Office. The City shall appoint three members for a three year term, three members for a two year term, two members for a one year term and the Executive Secretary of the County Planning Commission for a perpetual term. One three year appointment and one two year appointment shall reside outside the corporate limits of the City of Salina, Kansas. That all appointments after the initial appoint- ments shall be for three year terms from the first day of May of the year in which they are appointed. Section 5. Vacancies. That vacancies on the P"etropolitan Planning Commission caused by death, resignation or other disability of any member shall be filled for the unexpired term only. 1 1 r Section 6. Compensation. The members of the Metropolitan Planning Commission shall serve without compensation. Section 7. Officers. That the members of the Metropolitan Planning Commission shall select one of their number as Chairman and one as Vice - Chairman, who shall serve one year or until their successors have been selected. Section 8. Meetings. That the members of the Metropolitan Planning Commission shall meet at least bi-monthly, at such time and place as they shall fix by resolution. Section 9. Special Meetings. That special meetings of the Metropolitan Planning Commission may be called at any time by the Chairman or in his absence, by the Vice -Chairman. Section 10. Quorum. That a majority of the Metropolitan Planning Commission shall constitute a quorum for the transaction of business; and a majority vote of those present shall be necessary for official action of the Metropolitan Planning Commission. Section 11. Records. That the Metropolitan Planning Commission shall cause a proper record to be kept of its proceedings, said record to be kept in the office of the appointed administrative agency serving the Metropolitan Planning Commission. Section 12. Functions, Duties and Powers. The Metropolitan Planning Commission shall have all powers and duties prescribed by law. (a) In exercise of its general function, duties and powers, the Commission: 1. Shall prepare and recommend to the County and the City, a metropolitan plan or functional segments thereof, that may include, but not be limited to recommendations for the coordinated use of land; recommended development of parks and recreational ATEāž¢-SALINA 1 11 1 areas, schools and public institutions, public buildings, public utilities and public works; financial planning including capital improvements programs; coordinated land use and subdivision procedures and regulations; coordinated programs for the elimination of blighted areas, including housing codes, building, plumbing and electrical codes, and the procedures for enforcement. 2. Shall in the interest of economy and efficiency and in the interest of uniform standards and pro- cedures, wholly assume the duties and functions that are provided by law to the cities and counties in Kansas, in connection with the preparation, recommendation, implementation; and administration of local plans and planning programs of the Metro - politan Area Plan. 3. May employ such staff and/or professional consul- tants, as it may require, subject to approved budgetary requirements and limitations hereinafter provided. 4. Shall be authorized to apply for, receive, and expend federal funds and to enter into contracts with the United States Government to perform and carry out its duties and functions and further to provide planning assistance to the municipalities named herein within the limitations of the budget hereinafter provided. (b) In the exercise of its fiscal functions, duties and powers, the Commission: 1. Shall prepare an annual budget which shall be timely submitted to the City each year for approval. 1 1 1 2. Shall have the authority to make expenditures upon vouchers executed by the proper officials of the planning commission from funds appropriated; such funds to be held by the City Treasurer, who is here- by designated as the fiscal agent of the Metropolitan Planning Commission. The City Treasurer shall make disbursement upon receipt of valid vouchers. All funds, including federal grants, other gifts and donations, will be held for the Planning Commission by the City Treasurer and disbursed for the Planning Commission by the City Treasurer. 3. Shall have authority to purchase property and materials for the use of said commission and to issue vouchers in payment therefor. 4. Shall have authority to accept, receive and expend funds, grants, and services from the United States Government or its agencies and instrumentalities and from state and local governments. 5. Shall have authority to accept, receive and expend funds, grants and services from private persons or organizations, including business or non-profit organizations. 6. Shall deposit any monies received as gifts, donations or grants from public or private services for planning purposes, with the fiscal agent to be available for expenditure by the Metropolitan Planning Commission by warrants upon such monies to be drawn only upon vouchers signed by the chairman or vice-chairman and secretary of the Metropolitan Planning Commission. 7. Shall operate within the approved budget. 1 1 1 Section 13. Payment of Costs of Expenses. The costs and expenses of creating a Metropolitan Planning Commission in Saline County, and the preparation of the various plans and implementation procedures shall be defrayed by the City and the County by separate agreement. Section 14. Separability. If any one or more of the provisions of this agreement is declared unconstitutional or contrary to law, the validity of the remainder of the agreement shall not be affected thereby. Section 15. Effective Date. This agreement shall become effective upon its separate adoption or passage by the county and cities aforesaid and the publication thereof as provided by law. ATTEST: Herbert H. uallon County Engineer 1. ' // r R. L. Armstrong ,j County Clerk Frank Yost, Chairman Melvin Thelander, Member "wren V. Gray, Member Dated this day of February, 1972 "EXHIBIT A" Beginning at a point that is the northeast corner of the Southeast Quarter (S.E. 1/4) of the Southwest Quarter (S.W. 1/4) of Section Twelve (12), Township Thirteen (13) South, Range Three (3) West, of the Sixth Principal Meridian; thence south to the northeast corner of the South- east Quarter (S.E. 1/4) of the Southwest Quarter (S.W. 1/4) of Section Thirteen (13), Township Thirteen (13) South, Range Three (3) West of the Sixth Principal Meridian; thence east to the northeast corner of the Southeast Quarter (S.E. 1/4) of the Southwest Quarter (S.W. 1/4) of Section Eighteen (18), Township Thirteen (13) South, Range Two (2) West, of the Sixth Principal Meridian; thence south to the southeast corner of the Southwest Quarter (S.W. 1/4) of Section Nineteen (19), Township Thirteen (13) South, Range Two (2) West, of the Sixth Principal Meridian; thence east to the northeast corner of Section Twenty-nine (29), Township Thirteen (13) South, Range Two (2) West, of the Sixth Principal Meridian; thence south to the southeast corner of Section Twenty-nine (29), Township Thirteen (13) South, Range Two (2) West, of the Sixth Principal Meridian; thence east to the northeast corner of Section Thirty-four (34), Township Thirteen (13) South, Range Two (2) West, of the Sixth Principal Meridian; thence south to the southeast corner of Section Thirty-four (34), Township Thirteen (13), South, Range Two (2) West, of the Sixth Principal Meridian; thence east to the north- east corner of the Northwest Quarter (N.W. 1/4) of Section Two (2), Township Fourteen (14) South, Range Two (2) West of the Sixth Principal Meridian; thence south to the southeast corner of the Southwest Quarter (S.W. 1/4) of Section Twenty -Six (26), Township Fourteen (14) South, Range Two (2) West, of the Sixth Principal Mieridian; thence west to -2 - the southwest corner of Section Twenty-six (26), Township Fourteen (14) South, Range Two (2) West, of the Sixth Principal Meridian; thence south to the southeast corner of Section Thirty-four (34, Township Fourteen (14) South, Range Two (2) West, of the Sixth Principal Meridian; thence west to the northeast corner of the Northwest Quarter (N.W. 1/4) of Section Three (3), Township Fifteen (15) South, Range Two (2) West of the Sixth Principal Meridian; thence south to the southeast corner of the Northwest Quarter (N.W. 1/4) of Section Three (3), Township Fifteen (15) South, Range Two (2) West, of the Sixth Principal Meridian; thence west to the northeast corner of the Northwest Quarter (N.W. 1/4) of the Southeast Quarter (S.E. 1/4) of Section Four (4), Township Fifteen (15) South, Range Two (2) West of the Sixth Principal Meridian; thence south to the southeast corner of the Northwest Quarter (N.W. 1/4) of the Northeast Quarter (N.E. 1/4) of Section Nine (9), Township Fifteen (15) South, Range Two (2) West of the Sixth Principal Meridian; thence west to the southwest corner of the Northwest Quarter (N.W. 1/4) of the Northeast Quarter (N.E. 1/4) of Section Nine (9), Township Fifteen (15) South, Range Two (2) West of the Sixth Principal Meridian; thence south to the southeast corner of the Northwest Quarter (N.W. 1/4) of Section Nine (9), Township Fifteen (15) South, Range Two(2) West of the Sixth Principal Meridian; thence west to the northeast corner of the North- west Quarter (N.W. 1/4) of the Southeast Quarter (S.E. 1/4) of Section Seven (7), Township Fifteen (15) South, Range Two (2) West of the Sixth Principal Meridian; thence south to the southeast corner of the South- west Quarter (S.W. 1/4) of the Northeast Quarter (N.E. 1/4) of Section Eighteen (18), Township Fifteen (15) South, Range Two (2) West of the 1 11 1 Sixth Principal Meridian; thence west to the northeast corner of the Northwest Quarter (N.W. 1/4) -of the Southwest Quarter (S.W. 1/4) of Section Thirteen (13), Township Fifteen (15) South, Range Three (3) West of the Sixth Principal Meridian; thence south to the southeast corner of the Northwest Quarter (N.W. 1/4) of the Northwest Quarter (N.W. 1/4) of Section Twenty-four (24), Township Fifteen (15) South, Range Three (3) West, of the Sixth Principal Meridian; thence west to the southeast corner of the Northeast Quarter (N.E. 1/4) of the Northwest Quarter (N.W. 1/4) of Section Twenty-three (23), Township Fifteen (15) South, Range Three (3) West of the Sixth Principal Meridian; thence south to the southeast corner of the Northwest Quarter (N.W. 1/4) of Section Twenty-three (23), Township Fifteen (15) South, Range Three (3) West of the Sixth Principal Meridian; thence west to the southwest corner of. -the Northwest Quarter (N.W. 1/4) of Section Twenty (20), Township Fifteen (15) South, Range Three (3) West of the Sixth Principal Meridian; thence north to the southeast corner of the Northeast Quarter (N.E. 1/4) of the Northeast Quarter (N.E. 1/4) of Section Nineteen (19), Township Fifteen (15) South, Range Three (3) West of the Sixth Principal Meridian; thence west to the southwest corner of the Northeast Quarter (N.E. 1/4) of the Northeast Quarter (N.E. 1/4) of Section Nineteen (19), Township Fifteen (15) South, Range Three (3) West of the Sixth Principal Meridian; thence north to the northeast corner of the Northwest Quarter (N.W. 1/4) of the Southeast Quarter (S.E. 1/4) of Section Eighteen (18), Township Fifteen (15) South, Range Three (3) West of the Sixth Principal Meridian; thence west to the northwest corner of the Southeast Quarter (S.E. 1/4) of Section Eighteen (18), Township Fifteen (15) South, Range -3- -4 - Three (3) West of the Sixth Principal Meridian; thence north to the southwest corner of the Northwest Quarter (N.W. 1/4) of the Northeast Quarter (N.E. 1/4) of Section Eighteen (18), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian; thence east to the southeast corner of the Northwest Quarter (N.W. 1/4) of the Northeast Quarter (N.E. 1/4) of Section Eighteen (18), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian; thence Northeast north to the Hera ett corner of the Southwest Quarter (S.W. 1/4) of the Southeast Quarter (S.E. 1/4) of Section Seven (7), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian; thence east to the northwest corner of the Southeast Quarter (S.E. 1/4) of the Southeast Quarter (S.E. 1/4) of Section Eight (8), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian; thence NE4 of the north to the northwest corner of the/Southeast Quarter (S.E. 1/4) of Section Twenty-nine (29), Township Thirteen (13) South, Range Three (3) West of the Sixth Principal Meridian; thence east to the northwest corner of the Southeast Quarter (S.E. 1/4) of Section Twenty-eight (28), Township Thirteen (13) South, Range Three (3) West of the Sixth Principal Meridian; thence north to the northwest corner of the Southeast Quarter (S.E. 1/4) of Section Twenty-one (21), Township Thirteen (13) South, Range Three (3) West of the Sixth Principal Meridian; thence east to the northeast Corner of the Northwest Quarter (N.W. 1/4) of the Southeast Quarter (S.E. 1/4) of Section Twenty-one (21), Township Thirteen (13) South, Range Three (3) West of the Sixth Principal Meridian; thence north to the northwest corner of the Southeast Quarter (S.E. 1/4) of the Southeast Quarter (S.E. 1/4) of Section Nine (9), Township Thirteen (13) South, Range Three (3) West of the Sixth Principal Meridian; thence east to the point of beginning. AMENDED AGREEMENT This Agreement made the 28th day of February,. 1972, and amended August 14, 1972, between the governing body of the City of Salina, Kansas, hereinafter called the City and the Board of County Commissioners of Saline County, Kansas, hereinafter called County, WITNESSETH: Whereas, the City and the County have adjoining planning jurisdiction, and Whereas, the City and the County are desirous to establish a Metro- politan Planning Commission and authorize said Commission to exercise authority delegated by the participating governing bodies, Now Therefore, in consideration of the promises hereinafter made, the City and County hereby initially agree: 1. That the City shall adopt an ordinance approving this agreement between the City and the County. 2. That the County shall adopt a resolution approving this agree- This Agreement made the 28th day of February,. 1972, and amended August 14, 1972, between the governing body of the City of Salina, Kansas, hereinafter called the City and the Board of County Commissioners of Saline County, Kansas, hereinafter called County, WITNESSETH: Whereas, the City and the County have adjoining planning jurisdiction, and Whereas, the City and the County are desirous to establish a Metro- politan Planning Commission and authorize said Commission to exercise authority delegated by the participating governing bodies, Now Therefore, in consideration of the promises hereinafter made, the City and County hereby initially agree: 1. That the City shall adopt an ordinance approving this agreement between the City and the County. 3. That the City and the County hereby establish a Commission to be known as the Metropolitan Planning Commission. 4. That the Metropolitan Planning Commission shall consist of nine (9) members, all of whom shall be taxpayers; of which two members shall reside outside of the corporate limits of the City of Salina, but within the Metropolitan Planning area; hereinafter called Area, and the remain- ing members shall be residents of the City of Salina, Kansas. One member of the Metropolitan Planning Commission shall be the Executive Secretary of the County Planning Commission. 5. That upon adoption by the City and County of this Agreement and the establishment of the Metropolitan Planning Commission, the City shall appoint three members for a three year term three members for a two year term, two members for a one year term and the Executive Secretary of the County Planning Commission for a perpetual term. One three year appoint- ment and one two year appointment shall reside outside the corporate 2. That the County shall adopt a resolution approving this agree- ment between the City and the County. 3. That the City and the County hereby establish a Commission to be known as the Metropolitan Planning Commission. 4. That the Metropolitan Planning Commission shall consist of nine (9) members, all of whom shall be taxpayers; of which two members shall reside outside of the corporate limits of the City of Salina, but within the Metropolitan Planning area; hereinafter called Area, and the remain- ing members shall be residents of the City of Salina, Kansas. One member of the Metropolitan Planning Commission shall be the Executive Secretary of the County Planning Commission. 5. That upon adoption by the City and County of this Agreement and the establishment of the Metropolitan Planning Commission, the City shall appoint three members for a three year term three members for a two year term, two members for a one year term and the Executive Secretary of the County Planning Commission for a perpetual term. One three year appoint- ment and one two year appointment shall reside outside the corporate -2 - limits of the City of Salina, Kansas. 6. That all appointments after the initial appointments as set out in Paragraph 5 hereof, shall be for three year terms from the first day of May of the year in which they are appointed. 7. That vacancies on the Metropolitan Planning Commission caused by death, resignation or other disability of any member shall be filled for the unexpired term only. 8. The members of the Metropolitan Planning Commission shall serve without compensation. 9. That the members of the Metropolitan Planning Commission shall select one of their number as Chairman and one as Vice -Chairman, who shall serve one year or until their successors have been selected. 10. That the members of the Metropolitan Planning Commission shall meet at least bi-monthly, at such time and place as they shall fix by resolution. 11. That special meetings of the Metropolitan Planning Commission may be called at any time by the Chairman or in his absence by the Vice - Chairman. 12. That a majority of the Metropolitan Planning Commission shall constitute a quorum of the transaction of business; and a majority vote of those present shall be necessary for official action of the Metropolitan Planning Commission. 13. That the Metropolitan Planning Commission shall cause a proper record to be kept of its proceedings, said record to be kept in the office of the Salina Area Metropolitan Planning Department. 14. That the Commission is hereby authorized to make or cause to be made a comprehensive plan for the development of the Metropolitan Planning Area. 15. That the preparation of such plan, the Planning Commission shall make or cause to be made comprehensive surveys and studies of past and present conditions and trends relating to land use, population and - -3- building intensity, public facilities, transportation and transportation facilities, economic conditions, natural resources, and any other element deemed necessary to the comprehensive plan. 16. That the proposed plan may, in addition to a written present- ation, include maps, plats, charts and other descriptive matter, and shall show the commission's recommendations for the development or re- development of said territory including: (a) The general location, extent and relationship of the use of land for agriculture, residence, business, industry, recreation, education, public buildings and other community facilities, major utility facilities both public and private and any other use deemed necessary; (b) Population and building intensity standards and restrictions and the application of the same; (c) Public facilities including transportation facilities of all types whether persons or goods; (d) Public improvement programming based upon a determination of relative urgency; (e) The major sources and expenditure of public revenue including long range financial plans for the financing of public facilities and capital improvements, based upon a projection of the economic and fiscal activity of the community, both public and private; (f) Utilization and conservation of natural resources; and (g) Any other element deemed necessary to the proper development or redevelopment of the Area. 17. The Metropolitan Planning Commission, by an affirmative vote of a majority of its members, may approve the recommended comprehensive plan as a whole by a single resolution or may be successive resolutions approve parts of the plan, said parts corresponding with the major geographical sections of the area or with functional subdivisions of the plan. Such resolution shall specifically identify any maps, plats, charts, or other materials made a part of such plan. Before the approval of any such plan or part thereof, the Commission shall hold a public hearing thereon, notice of which shall be published once in the official city newspaper at least twenty (20) days prior to the date fixed for hearing. Upon the approval of any such pian or part thereof, a certified copy of the same shall be submitted to the City and County, and all other legislative and administrative agencies affected thereby. -4- 18. That the City and County and other legislative and administra- tive agencies shall, within sixty (60) days after the receipt thereof, consider such proposed plan or part thereof and submit a statement containing its recommendations regarding those items which come within their respective jurisdictions to the Metropolitan Planning Commission. 19. That the Metropolitan Planning Commission shall consider the recommendations and thereafter may adopt such proposed plan or part thereof as the official plan of the Area. 20. All reports and documents forming the plan or part thereof, as adopted, shall bear the signature of the Chairman and Secretary of the Metropolitan Planning Commission and an attested copy of the same shall be certified to all legislative and administrative agencies affected by the plan. 21. That such plan or part thereof shall constitute the basis or guide for public action to insure a coordinated and harmonious develop- ment or redevelopment which will best promote the health, safety and general welfare, as well as a wise and efficient expenditure of public funds. 22. That the Metropolitan Planning Commission may at any time review or reconsider the plan or any part thereof and may propose amendments, extensions or additions to the same. The procedure for the adoption of any such amendment, extension or addition to any plan or part thereof shall be the same as that required for the adoption of the original pian or part thereof. 23. The Commission shall annually review such plan for the purpose of determining if any portion of the pian has become obsolete and shall make a report to the governing body regarding the same on or before the first day of June of each year. 24. That whenever the Metropolitan Planning Commission shall have adopted and certified the comprehensive plan of the community or of one or more major sections or districts thereof, then and henceforth no public improvement, public facility or public utility of a type embraced within the recommendations of the comprehensive plan or portion thereof shall be constructed without first being submitted to and being approved -5- by the Commission as being in conformity with the plan. If the Metropolitan Planning Commission does not make a report within sixty (60) days, the project shall be deemed to have been approved by the Metropolitan Planning Commission. In case the Commission shall find that any such proposed public improvement facility or utility does not conform to the plan, the Metropolitan Planning Commission shall submit forthwith in writing the manner in which such proposed improvement, facility or utility does not conform, to the governing body sponsoring the same and such governing body may, by a recorded vote of three-fourths majority of its membership, overrule the disapproval of the Metropolitan Planning Commission and the plan for the Area concerned shall be deemed to have been amended and the Metropolitan Planning Commission shall make the necessary changes in the plan to reflect the same. 25. That the Metropolitan Planning Commission may adopt and may amend regulations governing the subdivision of land located within the designated Area. Before the adoption of such regulations or any amend- ments thereto, the Commission shall cause a notice of the hearing to be held thereon to be published in the official area newspaper. 26. That no such regulations, changes or amendments thereto adopted by the Metropolitan Planning Commission shall become effective within the Area until the same has been submitted to and approved by the City. 27. Such subdivision regulations may provide for the harmonious development of the community, including the proper location and width of streets, and for building lines, open spaces, safety and recreational facilities, flood protection and flood plain regulations, and for the avoidance of congestion of population, including minimum width, depth and area of lots and compatability of design. Such regulations may also as a condition to the approval of any plat, require and fix the extent to which and the manner in which streets shall be improved and water, sewer, drainage and other utility mains and piping or connections or other physical improvements shall be installed. 28. That whenever any such regulations governing the subdivision of land under the provisions of this act shall have been adopted, the owner or owners of any land located within the area governed by such + -6- regulations subdividing the same into lots and blocks or tracts or parcels, for the purpose of laying out any subdivisions, suburban lots, building lots, tracts or parcels or any owner of any land establishing any street, alley, park or other property intended for public use or for the use of purchasers or owners of lots, tracts or parcels of land front- ing thereon or adjacent thereto, shall cause a plat to be made which shall accurately describe the subdivision, lots, tracts, or parcels of land giving the location and dimensions thereof or the location and dimensions of all streets, alleys, parks or other properties intended to be dedicated to public use or for the use of purchasers or owners of lots, tracts or parcels of land fronting thereon or adjacent thereto and every such plat shall be duly acknowledged by the owner or owners thereof. 29. That all such plats shall be submitted to the Metropolitan Planning Commission, which shall determine if the same conforms to the provisions of the subdivision regulations. 30. If such determination is not made within sixty (60) days after the plat has been submitted for consideration, such plat shall be deemed to have been approved and a certificate shall be issued by the secretary of the Metropolitan Planning Commission upon demand. 31. That if the Metropolitan Planning Commission shall find that the plat does not conform to the requirements of the subdivision regulations, it shall notify the owner or owners of such fact. 32. That if the plat conforms to the requirements of such regulations, there shall be endorsed thereon the fact that it has been submitted to and approved by the Metropolitan Planning Commission. 33. That the Metropolitan Planning Commission may establish a scale of reasonable fees to be paid in advance to the secretary of the Metropolitan Planning Commission by the applicant for approval for each plat filed with the Metropolitan Planning Commission. 34. That no building permit shall be issued for the construction of any structure upon any lot, tract or parcel of land located within the Area governed by the subdivision regulations that has been subdivided, re -subdivided or replatted after the date of the -adoption of such regula- tions by the City and County, but which has not been approved in the -7 - manner provided by this act. 35. That any regulations adopted by the City or County with reference to subdividing lots shall provide for the issuance of building permits on lots divided into not more than two (2) tracts without having to replat said lot, provided that the resulting tracts shall not again be divided without replatting. 36. That such subdivision regulations shall contain procedure for issuance of building permits on divided lots which shall take into account the need for adequate street rights-of-way, easements, improvement of public facilities and zoning regulations if in existence, shall provide for a procedure which shall specify a time limit within which action shall be taken, and shall further provide, where applicable, for the final decision on the issuance of such building permit to be made by the City or the County, except as may be provided by law. 37. The register of deeds shall not file any plat as provided by law until such plat shall bear the endorsement hereinbefore required. 38. Such regulations shall provide that lands for agriculture and its accessory uses shall not be governed by these regulations. It may provide that in lieu of the completion of such work or improvements prior to the final approval of the plat, the City or County may accept a corporate surety bond, cashier's check, escrow account or other like security in an amount to be fixed by the City or the County and conditioned upon the actual completion of such work or improvements within a specified period, in accordance with such regulations, and the governing body may enforce such bond by all equitable remedies. 39. That whenever the Metropolitan Planning Commission has a part of its comprehensive pian adopted, a plan for its major street or highway system, after consultations as prescribed by K.S.A. 12-705c, the City may establish by ordinance and the County may establish by resolution, building setback lines on such existing and proposed major streets or highways and prohibit any new building being located within such building or setback lines within the plat jurisdiction (continued on page 8).... of both the City and the County. Such ordinance and resolution shall incorporate by reference and official map, which may include supplement- ary documents, setting forth such plan showing with reasonable survey accuracy the location and width of existing or proposed major streets or highways and any building or setback lines. 40. That all lands within the City and its extra -territorial jurisdiction shall function under the authority of KSA 12-716 et. seq. The City is hereby authorized by ordinance to divide such land under its extra -territorial jurisdiction into zones or districts, and regulate and restrict the location and use of buildings and the uses of the land within each district or zone. Such zones or districts may be created for the purpose of restricting the use of buildings and land located within the same for dwellings, business, industry, conservation, flood- plain or for other purposes deemed necessary. Such regulations shall provide that property used for agriculture and its accessory uses shall not be governed by these zoning regulations. The use of buildings and land and the regulations and restrictions upon the use of the same shall be uniform as to each zone or district but the uses and regulations and restrictions in any one zone or district may differ from those in other zones or districts. 41. That before any City shall create any zone or district or regulate or restrict the use of buildings or land therein, the City shall require the Metropolitan Planning Commission to recommend the nature and number of zones or districts which it deems necessary and the bound- aries of the same and appropriate regulation or restrictions to be enforced therein. 42. That in the preparation of such recommendations the Metropolitan Planning Commission shall make or cause to be made surveys and studies of past and present uses of property or if the City shall have adopted a land use plan as a part of the comprehensive plan, such recommendations shall be based thereon. 43. That upon the development of tentative recommendations, the Metropolitan Planning Commission shall hold a public hearing thereon and shall cause an accurate general written summary to be made of the proceedings thereof. 44. That the secretary of the Metropolitan Planning Commission shall cause a notice of such public hearing to be published once in the official City newspaper and at least twenty (20) days shall elapse between the date of such publication and the date set for hearing. Such notice shall fix the time and place for such hearing and shall describe such proposal in general terms. Such hearing may be adjourned from time to time and at the conclusion of the same, the Commission shall prepare its recommendations and shall by an affirmative vote of a majority of all of the members of the Metropolitan Planning Commission, adopt the same in the form of a proposed zoning ordinance and shall submit the same, together with the accurate written summary of the hearing thereon, to the City. 45. That the City may either approve such recommendations by the adoption of the same by ordinance or return the same to the Metropolitan Planning Commission for further consideration, together with a statement specifying the basis for disapproval. 46. That the Metropolitan Planning Commission, after reconsidering the same, may re -submit its original recommendations giving the reasons therefor or submit new and amended recommendations. 47. That upon the receipt of such recommendations, the City may adopt or may revise or amend and adopt such recommendations by ordinance, or it need take no further action thereon. 48. That if the Metropolitan Planning Commission fails to deliver its recommendations to the City within ten (10) days after receipt of the City's statement specifying disapproval, the City shall consider such course of inaction on the part of the Metropolitan Planning Commission as a resubmission of the original recommendations and proceed accordingly. 49. That for the purpose of defining the boundaries of zones or districts, the City may describe such boundaries in such ordinance, or may set out such boundaries upon a map incorporated and published as a -10 - part of such ordinance, or may provide for the incorporation by reference in such ordinance of an official map upon which such boundaries shall be fixed. Such map shall be marked "official copy as incorporated by Ordinance No. ," and filed in the office of the city clerk or such other public office as may be designated by the City to be open to inspection and available to the public at all reasonable business hours. 50. That the City may from time to time supplement, change or generally revise the boundaries or regulations contained in such zoning ordinance by amendment. A proposal for such amendment may be initiated by the City, the Metropolitan Planning Commission or upon application of the owner of property affected. Any such amendment shall, if based upon the comprehensive land use plan, be presumed to be reasonable. 51. That the City may establish reasonable fees to be paid in advance by the owner of any property at the time of making application for a change in zoning of the same. 52. That all such proposed amendments shall first be submitted to the City for recommendation and report. 53. That upon the development of tentative recommendations, the Metropolitan Planning Commission shall hold a public hearing thereon and shall cause an accurate written summary to be made of the proceedings, and shall give notice in like manner as that required for the original zoning recommendations. 54. That if such proposed amendment is not a general revision of existing ordinances and will affect specific property, it shall be designated by legal description and general street location and in addition to such publication notice, written notice of such proposed amendment shall be mailed to all owners of land located within two hundred (200) feet, excepting streets and ways, of the area proposed to be altered and an opportunity granted to interested parties to be heard, except notice of rezoning of any property within the extra- territorial jurisdiction shall be mailed to all owners of land within one thousand (1000) feet of the proposed zoning change. S J u D 55. That failure to receive such notice shall not invalidate any subsequent action taken. 56. That such notice is sufficient to permit the Metropolitan Planning Commission to recommend amendments to zoning ordinances which affect only a portion of the land described in the notice or which give all or any part of the land described a zoning classification of lesser change than that set forth in the notice: Provided, that recommending a zoning classification of lesser change than that set forth in the notice shall not be valid without re -publication and, where necessary, re -mailing unless the Metropolitan Planning Commission shall have previously established a table or publication available to the public which designates what zoning classifications are lesser changes authorized within the published zoning classifications. 57. That the procedure for the consideration and adoption of any such proposed amendments shall be in like manner as that required for the consideration and adoption of the original zoning ordinance except where hereinbefore or hereinafter modified. 58. That for action on zoning amendments, a quorum of the Metropolitan Planning Commission is more than one-half of all the members. 59. That a vote either for or against an amendment by a majority of all of the planning commissioners present constitutes a recommendation of the Metropolitan Planning Commission; whereas a vote either for or against an amendment by less than a majority of all of the planning commissioners present constitues a "failure to recommend". 60. That when the Metropolitan Planning Commission submits a recommendation of approval or disapproval of such amendment, the govern- ing body, if it approves such recommendation, may either adopt such recommendation by ordinance or take no further action thereon, as appropriate. 61. That in the event the Commission submits a "failure to recommend" to the City, the City may take such action as it deems appropriate. -12- 62. That upon receipt of a recommendation of the Metropolitan Planning Commission which the City disapproves, the City shall return such recommendation to the Metropolitan Planning Commission with a statement specifying the basis for disapproval and such recommendation shall be considered in like manner as that required for the original zoning recommendation returned to the Metropolitan Planning Commission. 63. That if such amendment shall affect the boundaries of any zone or district, the ordinance shall describe the boundaries as amended, or if the City has made provision for the fixing of the same upon an official map which has been incorporated by reference, the amending ordinance shall define the change or the boundary as amended, shall order the official map to the changed to reflect such amendment and shall amend the section of the ordinance incorporating the same and reincorporate such map as amended. 64. That regardless of whether or not the Commission approves or disapproves a proposed zoning amendment or "fails or recommend", if a protest against such amendment be filed in the office of the city clerk within fourteen (14) days after the date of the conclusion of the public hearing pursuant to said publication notice, duly signed and acknowledged by the owners of twenty percent (20%) or more of any real property proposed to be rezoned or by the owners of twenty percent (20%) of the total area, excepting public streets and ways, located within or without the restoration of a building damaged not more than fifty percent (50%) of its structural value by fire, explosion, act of God, or the public enemy, or prevent the continuance of the use of such building or part thereof as such use existed at the time of such damage but shall apply to any alteration of a building to provide for a change in such the corporate limits of the city and located within two hundred (200) feet (1000 feet in extra -territorial jurisdiction) of the boundaries of the property proposed to be rezoned, the ordinance adopting such amend- ment shall not be passed except by at least three-fourths (3/4) vote of all members of the governing body. 65. That ordinances passed under authority of this act shall not apply to the existing use of any building or land, and shall not prevent the restoration of a building damaged not more than fifty percent (50%) of its structural value by fire, explosion, act of God, or the public enemy, or prevent the continuance of the use of such building or part thereof as such use existed at the time of such damage but shall apply to any alteration of a building to provide for a change in such -13 - use or,a change in the use of any building or land after the effective date of any such ordinance. 66. That the City shall have the authority to maintain suits or actions in any court of competent jurisdiction for the purpose of enforcing the provision of any ordinance passed under this act and to abate nuisances maintained in violation thereof. 67. That in case any building or structure is or is proposed to be erected, constructed, altered, converted, or maintained, or any building, structure, or land is or is proposed to be, used in violation of any ordinance enacted under this act, the building inspector, city attorney, or other appropriate authority of the municipality, and in the event the violation relates to a provision concerning floodplain zoning, the attorney general and the chief engineer of the division of water resources of the Kansas State Board of Agriculture, may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, re -construction, alteration, conversion, maintenance, or use, or to correct or abate such violation, or to prevent the occupancy of said building, structure, or land. Any person, company, corporation, institution, municipality, or agency of the state or federal government who shall violate any provision of an ordinance relating to floodplain zoning, shall be subject to the penalties and remedies provided in K.S.A. 12-710. 68. That all lands within the Area but outside legislative jurisdiction of the City shall abide by provisions of Section 2, except, that the Metropolitan Planning Commission shall forward all recommendations for zoning concerning this area to the County for adoption of plans and zoning legislation. 69. That a Board of Metropolitan Zoning Appeals hereinafter called "Board", shall be established. 70. That the Board shall be comprised of seven (7) members, all of which live within the Area, one of which must reside outside the City Limits. None of its members shall hold an appointed or elected position with the City or County, except the Executive Secretary -of -the County -14 - Planning Commission shall automatically serve as one of the members, and one member shall be a member of the Metropolitan Planning Commission. 71. That the members first appointed shall serve respectively for terms of one, two and three years, divided equally or as nearly equally as possible between the members. 72. That thereafter members shall be appointed for terms of three (3) years each. 73. That vacancies shall be filled by appointment for the unexpired term. 74. That the members of such board shall serve without compensation. 75. That the board shall annually elect one (1) of its members as chairman, and shall appoint a secretary who may be an officer or an employee of the City. 76. That the board shall adopt rules in accordance with the provisions of the ordinance creating the board. 77. That meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. 78. That the board shall keep minutes of its proceedings, showing evidence presented, findings of fact by the board, decision of the board and the vote upon each question. 79. That records of all official actions of the board shall be filed in its office and shall be a public record. 82. That the board shall fix a reasonable time for the hearing of an appeal or any other matter referred to it. 83. That the notice of the time, place and subject of such hearing 80. That the City may in a scale of reasonable fees to ordinance creating such board, establish be paid in advance by the party appealing. 81. That the board shall administer the details of appeals from or other matters referred to it regarding the application of the zoning ordinance as hereinafter provided. 82. That the board shall fix a reasonable time for the hearing of an appeal or any other matter referred to it. 83. That the notice of the time, place and subject of such hearing -15 - shall be published once in the official city newspaper at least twenty (20) days prior to the date fixed for hearing. A copy of said notice shall be mailed to each party to the appeal and to each member of the Metropolitan Planning Commission. 84. That appeals to the board may be taken by any person aggrieved, or by any officer of the City of any governmental agency or body affected by any decision of the officer administering the provisions of the zoning ordinance. 85. That such appeal shall be taken within a reasonable time, as provided by the rules of the board, after receipt of a written decision by the admin- istrative officer by filing a notice of appeal specifying the grounds thereof and the payment of the fee required therefor. 86. That the officer from whom the appeal is taken, when notified by the board or its agent, shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. 87. That the board shall have power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of the zoning ordinance. 88. That upon appeal only, the board may also, when it shall deem the same necessary, grant variances and exceptions to the zoning ordinance on the basis and in the manner hereinafter provided: (a) Variances: To authorize in specific cases a variance from the specific terms of the ordinance which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of the ordinance will, in an individual case, result in unnecessary hardship, and provided that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variance shall not permit any use not permitted by the zoning ordinance in such district. A request for a variance may be granted in such a case, upon a finding by the board that all of the following conditions have been met: -16- (1) that the variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner or the applicant; (2) that the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents; (3) that the strict application of the provisions of the zoning ordinance of which variance is requested, will constitute unnecessary hardship upon the property owner represented in the application; (4) that the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare; and (5) that granting the variance desired will not be opposed to the general spirit and intent of the zoning ordinance. (b) Exceptions: The board may grant exceptions to the provisions of the zoning ordinance in those instances where the board is specifically authorized to grant such exceptions and only under the terms of the zoning ordinance. In no event shall exceptions to the provisions of the zoning ordinance be granted where the use or exception contemplated is not specifically listed as an exception in the zoning ordinance. Further, under no conditions shall the board of zoning appeals have the power to grant an exception when conditions of this exception, as established in the zoning ordinance by the governing body are not found to be present. 89. That in exercising the foregoing powers, the board, in conformity with the provisions of this act, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken, may attach appropriate conditions, and may issue or direct the issuance of a permit. 90. That any person, official or governmental agency dissatisfied with any order or determination of said board may appeal such decision within a reasonable time as provided by the rules of the board, to the board of city commissioners if the land involved is within the corporate limits of the city or to the board of county commissioners if the land involved is outside the corporate limits of the city or may bring any action in the district court of the county in which such property is located to determine the reasonableness of any such order or determination. DATED-SALIT -17- 91. That any zoning ordinance regulations, rules and maps adopted by any city under the provisions of the act of which this act is amendatory, shall continue in force and effect as though adopted under the provisions of this act, until and unless the same is modified or a new zoning ordinance is adopted as provided in this agreement. 92. Nothing in the agreement shall be construed as obligating the County to funding the Metropolitan Planning, nor shall it be construed as prohibiting any funding obligation of the County under subsequent agreements. 93. This agreement shall be in full force and effect upon approval by the Attorney General of the State of Kansas. IN WITNESS WHEREOF, the parties hereto have set their bonds and official seals the date first above written. Approved this day of September, 1972. VER N MILLER Attorney General