17-4757.   Urban renewal agency; creation; transactionof business and exercise of powers subject to approval of governing body;commissioners; terms; vacancies; expenses; quorum; chairman and vice-chairman;executive director; employees; annual reports; removal from office,when.(a) There is hereby created in each municipality a public body corporateand politic to be known as the "urban renewal agency" of themunicipality. Such agency shall not transact anybusiness or exercise its powers hereunder until or unless the localgoverning body has made the finding prescribed in K.S.A. 17-4746, andamendments thereto, and has elected to have the urban renewal projectpowers exercised by an urban renewal agency as provided in K.S.A. 17-4756, andamendments thereto.

      (b)   Subject to the provisions ofK.S.A. 2009 Supp.12-16,128, and amendmentsthereto, if theurban renewal agency is authorized to transact businessand exercise powers hereunder, the mayor, by and with the advice andconsent of the local governing body, shall appoint a board ofcommissioners of the urban renewal agency which shall consist of fivecommissioners. Of the commissioners first appointed, one shall be appointed fora term of one year; one for a term of two years; one for a term of three years;and two for a term of four years. On the expiration of the term of eachcommissioner, such commissioner's successor shall be appointed for a term offour years. Any vacancy shall be filled by appointment for the unexpired term.

      (c)   A commissioner shall receive no compensation for servicesbut shall be entitled to the necessary expenses, including travelingexpenses, incurred in the discharge of such commissioner'sduties. Each commissionershall hold office until such commissioner's successor hasbeen appointed and hasqualified. A certificate of the appointment or reappointment of anycommissioner shall be filed with the clerk of the municipality and suchcertificate shall be conclusive evidence of the due and properappointment of such commissioner.

      The powers of an urban renewal agency shall be exercised by thecommissioners thereof. A majority of the commissioners shall constitutea quorum for the purpose of conducting business and exercising thepowers of the agency and for all other purposes. Action may be taken bythe agency upon a vote of a majority of the commissioners present,unless in any case the bylaws shall require a larger number. Any personsmay be appointed as commissioners if they reside within the area ofoperation of the agency (which shall be coterminous with the area ofoperation of the municipality) and are otherwise eligible for suchappointments under this act.

      The members shall elect a chairman and vice-chairman from among thecommissioners. An agency may employ an executive director, technicalexperts and such other agents and employees, permanent and temporary, asit may require, and determine their qualifications, duties andcompensation. An agency mayemploy or retain its own counsel and legal staff. An agency authorizedto transact business and exercise powers under this act shall file, withthe local governing body, on or before March 31 of each year, a reportof its activities for the preceding calendar year, which report shallinclude a complete financial statement setting forth its assets,liabilities, income and operating expense as of the end of such calendaryear. At the time of filing the report, the agency shall publish in anewspaper of general circulation in the community a notice to the effectthat such report has been filed with the municipality and that thereport is available for inspection during business hours in the officeof the city clerk and in the office of the agency.

      (d)   For inefficiency or neglect of duty or misconduct in office, acommissioner may be removed only after a hearing and after suchcommissioner shall havebeen given a copy of the charges at least 10 days priorto suchhearing and have had an opportunity to be heard in person or by counsel.

      History:   L. 1955, ch. 86, § 16;L. 2008, ch. 163, § 14; July 1.