17-4757. Urban renewal agency; creation; transaction of business and exercise of powers subject to approval of governing body; commissioners; terms; vacancies; expenses; quorum; chairman and vice-chai
17-4757
17-4757. Urban renewal agency; creation; transaction
of 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 corporate
and politic to be known as the "urban renewal agency" of the
municipality. Such agency shall not transact any
business or exercise its powers hereunder until or unless the local
governing body has made the finding prescribed in K.S.A. 17-4746, and
amendments thereto, and has elected to have the urban renewal project
powers exercised by an urban renewal agency as provided in K.S.A. 17-4756, and
amendments thereto.
(b) Subject to the provisions of
K.S.A. 2009 Supp.
12-16,128, and amendments
thereto, if the
urban renewal agency is authorized to transact business
and exercise powers hereunder, the mayor, by and with the advice and
consent of the local governing body, shall appoint a board of
commissioners of the urban renewal agency which shall consist of five
commissioners. Of the commissioners first appointed, one shall be appointed for
a 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 each
commissioner, such commissioner's successor shall be appointed for a term of
four years. Any vacancy shall be filled by appointment for the unexpired term.
(c) A commissioner shall receive no compensation for services
but shall be entitled to the necessary expenses, including traveling
expenses, incurred in the discharge of such commissioner's
duties. Each commissioner
shall hold office until such commissioner's successor has
been appointed and has
qualified. A certificate of the appointment or reappointment of any
commissioner shall be filed with the clerk of the municipality and such
certificate shall be conclusive evidence of the due and proper
appointment of such commissioner.
The powers of an urban renewal agency shall be exercised by the
commissioners thereof. A majority of the commissioners shall constitute
a quorum for the purpose of conducting business and exercising the
powers of the agency and for all other purposes. Action may be taken by
the agency upon a vote of a majority of the commissioners present,
unless in any case the bylaws shall require a larger number. Any persons
may be appointed as commissioners if they reside within the area of
operation of the agency (which shall be coterminous with the area of
operation of the municipality) and are otherwise eligible for such
appointments under this act.
The members shall elect a chairman and vice-chairman from among the
commissioners. An agency may employ an executive director, technical
experts and such other agents and employees, permanent and temporary, as
it may require, and determine their qualifications, duties and
compensation. An agency may
employ or retain its own counsel and legal staff. An agency authorized
to transact business and exercise powers under this act shall file, with
the local governing body, on or before March 31 of each year, a report
of its activities for the preceding calendar year, which report shall
include a complete financial statement setting forth its assets,
liabilities, income and operating expense as of the end of such calendar
year. At the time of filing the report, the agency shall publish in a
newspaper of general circulation in the community a notice to the effect
that such report has been filed with the municipality and that the
report is available for inspection during business hours in the office
of the city clerk and in the office of the agency.
(d) For inefficiency or neglect of duty or misconduct in office, a
commissioner may be removed only after a hearing and after such
commissioner shall have
been given a copy of the charges at least 10 days prior
to such
hearing 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.