12-744.   Same; planning commission; creation; membership; vacancies;interlocal agreements; metropolitan or regional planning.(a) The governing body of any city, by adoption of an ordinance, may create aplanning commission for such city and the board of county commissioners of anycounty, by adoption of a resolution, may create a planning commission for thecounty. Any such planning commission shall be composed of not less than fivemembers. The number of members of a planning commission may be determined byordinance or resolution. If a city planning commission plans, zones oradministers subdivision regulations outside the city limits, at least twomembers of such commission shall reside outside of but within three miles ofthe corporate limits of the city. A majority of the members of a countyplanning commission shall reside outside the corporate limits of anyincorporated city in the county. A county, metropolitan or regional planningcommission may serve as the planning commission for a city.

      (b)   The governing body shall provide by ordinance or resolution for the termof the members of the planning commission and for the filling of vacancies.Members of the commission shall serve without compensation. The governing bodymay adopt rules and regulations providing for removal of members of theplanning commission.

      (c)   Any two or more cities or counties of this state may cooperate, pursuantto written agreement, in the exercise and performance of planning powers,duties and functions. Any city or county of this state may cooperate, pursuantto written agreement, with any city or county of any other state havingadjoining planning jurisdiction in the exercise and performance of any planningpowers, duties and functions provided by state law for cities and counties ofthis state and to the extent that the laws of such other state permit suchjoint cooperation. Any agreement entered pursuant to this subsection shall besubject to the provisions of K.S.A. 12-2901 et seq., and amendments thereto. Ifsuch agreement provides for the adoption of a comprehensive plan, the agreementshall include a provision concerning the approval of the comprehensive planwhich is consistent with the provisions of K.S.A. 12-747.

      When two or more of such cities or counties, by ordinance ofeach city and by resolutions of the boards of county commissioners enterinto agreements providing for such joint planning cooperation, there maybe established a joint planning commission for the metropolitan area orregion comprising that portion of the areas of planning jurisdiction of thecities or counties cooperating jointly as shall be designated by the jointordinances and resolutions. Such a joint planning commission for themetropolitan area or region may be empowered to carry into effect suchprovisions of state law relating to planning which are authorized for suchjoining cities or counties and which each may under existing lawsseparately exercise and perform.

      Any city or county, whenever the governing body of the city or the board ofcommissioners of the county deems necessary, may join and cooperate in two ormore metropolitan area or regional planning commissions. Any regional ormetropolitan planning commission in existence on the effective date of this actshall continue in existence, but shall be governed by the provisions of thisact.

      (d)   The provisions of this section shall become effective on and afterJanuary 1, 1992.

      History:   L. 1991, ch. 56, § 4; July 1.