§ 26-29. Participation; agreement.

The city, pursuant to K.S.A. 12-716 et seq., as amended, does elect to participate in the expanded Big Lakes Regional Commission. The city does approve and adopt by reference the By-Laws of the Big Lakes Regional Planning Commission which read as follows:

"BIG LAKES REGIONAL COUNCIL
BY-LAWS
AS AMENDED, JANUARY, 1979

"PROVIDING FOR THE ESTABLISHMENT, OPERATION, POWER, DUTIES, JURISDICTION, AND THE SHARING OF THE EXPENSES OF OPERATION OF THE BIG LAKES REGIONAL COUNCIL.

"WHEREAS, the Board of County Commissioners of counties with adjoining jurisdictions in an area defined as the Big Lakes Region together with cities in the region recognize the need for unified development and coordination of programs affecting the area, these By-Laws are formulated to establish the Big Lakes Regional Council of Local Governments. The purpose of the Council shall include but not be limited to the coordination of community improvement and development programs, the identification and elimination of planning duplication, the promotion of economy and efficiency in the development of the region, and the support of programs to improve the general welfare and prosperity of the people in the region. Programs and policies will be developed to reflect the trends and needs of the physical, social, economic and governmental conditions in the region. The Big Lakes Regional Council of Local Governments shall assist in the development and implementation of programs and shall serve in an advisory capacity to all governmental units in the region.

"BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MEMBER COUNTIES TO ESTABLISH THE BIG LAKES REGIONAL COUNCIL OF LOCAL GOVERNMENTS IN ACCORDANCE WITH THE FOLLOWING ARTICLES.

"ARTICLE I. NAME

"Section 1. NAME. The name of the association shall be the Big Lakes Regional Council of Local Governments.

"ARTICLE II. MEMBERSHIP AND DIRECTORS

"Section 1. MEMBERSHIP. Membership in the Council will be limited to governmental jurisdictions within counties whose Board of County Commissioners adopt these By-Laws by ordinance and contribute to the budget of Council in accordance with provisions in Article VI. Each governmental jurisdiction within the boundaries of contributing counties is considered a member of the Council and entitled to participate in programs and services provided by the Regional Council.

"Section 2. MEMBERSHIP REQUESTS. Any county commission having adjoining jurisdiction with any member county of the Big Lakes Regional Council may petition the Council for active membership. New members will be accepted upon majority vote by the Council and upon signifying their acceptance of the terms of the By-Laws and other memorandum or agreements adopted by the Council.

"Section 3. BOARD OF DIRECTORS. The Board of County Commissioners from member counties in the Big Lakes Regional Council shall appoint three members to the Board of Directors to the Big Lakes Regional Council based on the following selection procedures:

"A.

A member of the Board of County Commissioners from each member county shall be designated as a member of the Board of Directors of the Big Lakes Regional Council.

"B.

The Board of County Commissioners of member counties shall appoint two residents of their county to serve as at-large members of the Board of Directors of the Council who shall serve as representatives of local units of government within the county.

"C.

Appointments to the Board of Directors shall be for two-year terms. Terms shall be staggered to assure a continuity of membership on the Board of Directors and on the Executive Committee of the Council. Appointments of less than two years shall be made to fill unexpired terms on the Board of Directors or to make adjustments as determined necessary by the Board of Directors.

"Section 4. EXECUTIVE COMMITTEE. An Executive Committee shall be established. The Executive Committee shall include one representative from each member county designated by the respective Board of County Commissioners and the elected Chairperson of the Council. Executive Committee members shall be members of the Board of Directors of the Big Lakes Regional Council of Local Governments. Committee responsibilities shall include the development of recommendations of policies and programs of the Council and on other matters as directed by the Board of Directors.

"Section 5. EX OFFICIO MEMBERS. Elected or appointed representatives of federal, state, or local governmental entities or representatives of other public or private organizations or agencies may be appointed to serve as ex officio nonvoting members of the Council. The appointments of ex officio members on the Council shall be determined by the voting members of the Board of Directors of the Big Lakes Regional Council.

"Section 6. COMPENSATION. Board of Director members of the Council shall serve without compensation.

"Section 7. REMOVAL OR SUSPENSION. Officers of the Council shall not be removed or suspended from office except for cause and after a hearing held before the Council Board of Directors. The removal or suspension of a member of the Board of Directors shall be the exclusive jurisdiction of the Board of County Commissioners by whom the member was appointed.

"ARTICLE III. OFFICERS

"Section 1. COUNCIL OFFICERS. The Board of Directors of the Council shall elect from its membership a Chairperson and a Vice-Chairperson. A Secretary-Treasurer for the Council shall also be elected, who need not be a member of the Council.

"A.

Officers of the Council shall be elected at the annual meeting of the Council which shall be held in January of each year. Elected officers shall assume office on the first day of February and shall serve a term of 12 calendar months.

"B.

Unscheduled vacancies in an office of the Council shall be filled for the unexpired term by special election at the first regular meeting of the Council following receipt of notification of the vacancy.

"Section 2. RESPONSIBILITIES AND DUTIES. The responsibilities and duties of officers shall be those normally pertaining to their office, and shall include, but not be limited to, the following:

"A.

Chairperson—The Chairperson shall preside at all meetings of the Council and the Executive Committee. The Chairperson shall be the designated officer authorized to sign contracts, agreements, and other documents on behalf of the Big Lakes Regional Council. The Chairperson shall appoint, with approval of the Council and the Director of the Cooperative Extension Service at Kansas State University an Executive Director to the Council.

"B.

Vice-Chairperson—The Vice-Chairperson shall perform all duties of the Chairperson in the absence or incapacity of the Chairperson and perform other functions determined necessary for the normal conduct of the Council's program.

"C.

Secretary-Treasurer—The Secretary-Treasurer shall be responsible for maintenance of a record of proceedings and financial affairs of the Council. Responsibility for the day-to-day duties of the Secretary-Treasurer may be delegated to the Executive Director of the Council.

"ARTICLE IV. MEETINGS AND QUORUMS

"Section 1. MEETINGS. The Big Lakes Regional Council shall hold a minimum of ten regular meetings during each calendar year. Meetings shall generally be scheduled for a specific day during a specific week of the month at a time and place designated by the Council or its Chairperson. The meeting in January of each year shall be the annual meeting of the Council.

"A.

Special meetings of the Council may be called by the Chairperson or upon request from a majority of the members of the Board of Directors of the Council.

"B.

Special meetings shall require a minimum of seventy-two (72) hour notice to each member of the Council, unless the required notice is waived in writing by a majority of the Board of Directors of the Council.

"C.

The maximum period of time between meetings of the Council shall not exceed sixty-five (65) calendar days.

"Section 2. QUORUM. A quorum shall be required to conduct the formal business of the Council. A quorum shall be defined as a majority of the Board of Directors officially appointed and serving as a member of the Big Lakes Regional Council.

"ARTICLE V. ANNUAL BUDGET AND SHARING COSTS

"Section 1. BUDGET. The Big Lakes Regional Council shall adopt annually a budget for its operation. This budget will be submitted to the Board of County Commissioners of member counties on or about June 1, of each year. Such annual budget is to be for the fiscal year commencing January 1, subsequent to the adoption thereof. The annual budget so prepared by the Council shall be subject to approval by the Board of County Commissioners of member counties of the Council. Thereafter, and upon such approval, each of said public bodies shall appropriate funds to implement said budget.

"Section 2. PRORATION OF BUDGET. The local cost of operating the program of the Big Lakes Regional Council of Local Governments shall be allocated among its member county governments by a mill levy, to be determined in the annual budget, on the assessed valuation of each county.

"Section 3. TRANSFER OF FUNDS. Upon approval of the annual budget by the County Commissioners of each member county, the treasurer of each member county shall be directed to make payment to the depository of the Big Lakes Regional Council. The initial payment for each budget year shall be made prior to February 1, of each year.

"ARTICLE VI. FUNCTIONS, DUTIES, AND POWERS

"Section 1. LEGISLATIVE AUTHORITY. The Big Lakes Regional Council of Local Governments shall have all the functions, duties and powers as provided in K.S.A. Sections 12-716 to 12-721 inclusive, as amended and as provided in K.S.A. Section 12-2904 et seq.

"Section 2. DUTIES AND FUNCTIONS. Duties and functions of the Council shall include:

"A.

The gathering and assimilation of economic, technical, and social information.

"B.

Providing educational assistance in identifying problems, determining priorities, setting goals and solving problems.

"C.

Identifying and organizing resources to meet the needs of people.

"D.

Providing assistance to community leaders in the development and improvement of their leadership ability. The Council shall use educational programs in community and resource development as a source of information and as a demonstration of application of the decision making process.

"Section 3. FISCAL RESPONSIBILITIES. The fiscal responsibilities and functions pertaining to the Council shall include:

"A.

Authority to approve expenditures by voucher or check executed by designated officers or employees of the Council from appropriated funds.

"B.

Designation of a depository or depositories for the total budget of the Council. Proposed changes in the depository for the operating budget of the Council shall be considered by the Council at the regular meeting immediately preceding the beginning of a new fiscal year and a depository change shall be effective with the beginning of the fiscal year. The depository or depositories for federal grants, special programs or special purposes with definite termination dates shall be designated for the complete term of the grant, special program or special purposes.

"C.

Authority to accept, receive and expend funds, grants and services from the United States Government or its agencies and from instrumentalities of state and local governments.

"D.

Authority to accept, receive and expend funds, grants and services from private persons or organizations, including business or non-profit organizations.

"E.

Development and approval of rules of fiscal management necessary for proper reporting of receipt and expenditure of public and private funds.

"ARTICLE VII. TERMINATION OF COUNCIL

"Section 1. TERMINATION. The termination of the Big Lakes Regional Council of Local Governments shall require a vote of three-fourths of the voting members of the Council. The termination of the Big Lakes Regional Council shall become effective 90 days following such a vote to allow adequate time for transfer of responsibilities and pertinent data to the proper agencies and for preparation of reports and materials for final consideration. The termination shall be effected in the following manner:

"A.

All equipment and property of the Big Lakes Regional Council shall be sold at auction and proceeds deposited in the depository of the Big Lakes Regional Council.

"B.

Balances in the account or accounts of the Big Lakes Regional Council after payment of all bills and obligations, including the proceeds from the sale of equipment and other property, shall be distributed by check to the county treasurer of all contributing counties in the year of the termination vote. The amount of this distribution will be established by the percentage of the local contribution provided by each county during the year of the termination vote.

"ARTICLE VIII. AMENDMENTS

"Section 1. AMENDMENTS. Amendments to these By-Laws shall be approved by two-thirds vote of the Board of Directors of the Council. Written notice shall be given of proposed By-Law amendments to all members by depositing such notice in the U.S. Postal Service at least ten days prior to its consideration by the Council following completion of required public notice of proposed changes.

"ARTICLE IX. USE OF FUNDS

"Section 1. USE OF FUNDS. Funds shall not be used to the benefit of or be distributable to, its members, trustees, officers, or other private persons, except that the Council shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes established by the Council. The Council shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these Articles, the Council shall not carry on any other activities not permitted to be carried on (a) by the Council exempt from Federal Income Tax under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law), or (b) by a Council, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law.)

"ARTICLE X. RULES AND POLICIES

"Section 1. RULES AND POLICIES. The Council shall adopt other rules and policies as determined necessary by the Board of Directors including rules for the transaction of Council business. Rules and policies shall be adopted for functions including but not limited to:

"A.

Membership

"B.

Officers

"C.

Meetings and voting

"D.

Staff and budget

"E.

Sharing of costs

"F.

Agreements with the Cooperative Extension Service at Kansas State University and other cooperating agencies.

"ARTICLE XII. EFFECTIVE DATE

"Section 1. SEPARABILITY. If these By-Laws or any part thereof, shall be held or determined to be unconstitutional, illegal, ultravires or void, the same shall not be held or construed to change or annul any provision hereof which may be legal or lawful; and in the event these By-Laws or any part thereof, shall be held unconstitutional, illegal, ultravires or void, the same shall not affect any action heretofore taken by the Big Lakes Regional Council of Local Governments heretofore established and constituted.

"ARTICLE XII. EFFECTIVE DATE

"Section 1. EFFECTIVE DATE. The By-Laws of the Big Lakes Regional Council of Local Governments shall become effective following approval by a two-thirds vote of the voting members of the Board of Directors of the Council and adoption by the Board of County Commissioners of each member county contributing to the budget of the Big Lakes Regional Council of Local Governments."

(Ord. No. 3335, 1-4-75)