2-623. Extension districts, establishment or expansion; agreement therefor, terms, prior approval by attorney general; publication of notice of proposed new district or expansion, protest petition and
2-623
2-623. Extension districts, establishment or expansion; agreement
therefor, terms, prior approval by attorney general; publication of notice
of proposed new district or expansion, protest petition and election;
district name, powers, personnel and property; governing body, appointment
or election and terms of office of first members.
(a) Prior to July 1 of any year, any two or more county
extension councils may establish an extension district composed of all of
the counties of such councils by entering into an agreement in accordance
with this section to combine the extension programs for each county
involved into one extension program serving the extension district. No such
agreement shall be effective unless such agreement has received the prior
approval of (1) the board of county commissioners of each county included
in the proposed extension district, subject to the provisions of subsection
(i); (2) the executive board of the extension council of each county
included in the proposed extension district and the director of extension
of Kansas state university of agriculture and applied science, or the
director's authorized representative, acting together as a body; and (3)
the attorney general in accordance with subsection (h).
(b) Prior to July 1 of any year, one or more county extension councils
and
the governing body of any existing extension district may establish a new
extension district by entering into an agreement in accordance with this
section to combine the extension programs for each such county and such
district
into one extension program serving a new extension district composed of all
counties represented by such county extension councils and
the area served by the existing extension district. No such agreement shall be
effective unless such agreement
has received the prior approval of (1) the board of county commissioners of
each county being added to the existing extension district, subject to the
provisions of subsection (i); (2) the
executive board of the county extension council of each county being added to
the existing extension district, the governing body of the existing extension
district and the director of extension of Kansas state university of
agriculture and applied science, or the director's authorized representative,
acting together as a body; and (3) the attorney general in accordance with
subsection (h).
(c) On July 1 after the approval under subsection (a) or (b)
of an
agreement to establish an extension district, such extension district is hereby
established and shall constitute a body corporate and politic possessing the
usual powers of a corporation for public purposes under the name of "extension
district no. _________ (the number designated by the director of extension),
________ counties (naming the counties included within the district), state of
Kansas." Each extension district is a taxing subdivision and has the
power to contract, sue and be sued and to acquire, hold and convey real and
personal property in accordance with law.
(d) Upon the establishment of an extension district under subsection (a) or
(b), all
of the personnel and property of each of the extension programs which are
combined into the new district extension programs shall be transferred to the
new extension district and shall be subject to the authority of the
governing body of the extension district in accordance with the agreement to
establish the extension district.
(e) Upon the establishment of an extension district under subsection (a),
the board of county commissioners of
each county joining in the establishing of an extension district shall appoint
four qualified electors to membership on the governing body of the district.
The terms of all members so appointed shall commence on July 1
following
their appointment. Of the members so appointed two members shall serve for
terms ending upon the election and qualification of their successors at an
election held on the first Tuesday in April of the first odd-numbered year
following their appointment and two members shall serve for terms ending upon
the election and qualification of their successors at an election held on the
first Tuesday in April of the second odd-numbered year following their
appointment.
(f) In the case of one or more counties being included in an existing
extension district under subsection (b), the
board of county commissioners of each county being
included in an existing extension district shall appoint four qualified
electors of the county to membership on the governing body of the expanded
district. The terms of all members so appointed shall commence on
July 1
following their appointment. Of the members so appointed two members shall
serve for terms ending upon the election and qualification of their successors
at an election held on the first Tuesday in April of the first odd-numbered
year following their appointment and two members shall serve for terms ending
upon the election and qualification of their successors at an election held on
the first Tuesday in April of the second odd-numbered year following their
appointment. The
offices of the members of the governing body of the existing extension district
shall continue in existence and the persons in such offices shall be
members of the governing body of the expanded extension district which is
established on July 1 for the remainder of their existing terms of office.
(g) In addition to other required provisions, each agreement entered
into under this section shall specify the permissible method or methods to
be employed in disposing of the assets and liabilities of the extension
district in the event that one or more counties withdraw from the extension
district under K.S.A. 2-628 and amendments thereto.
(h) Each agreement entered into under this section or under K.S.A. 2-628
and amendments thereto, prior to and as a condition precedent to its entry
into force, shall be submitted to the attorney general who shall determine
whether the agreement is in proper form and compatible with this act and
the other laws of Kansas. The attorney general shall approve any agreement
submitted for approval under this section or K.S.A. 2-628 and amendments
thereto unless
the
attorney general finds that the submitted agreement does not meet the
requirements of this act. In such case, the attorney general shall specify
in writing to the proposed parties to the agreement and to each other
entity required to approve the agreement, the specific respects in which
the proposed agreement fails to meet the requirements of law. Failure by
the attorney general to disapprove an agreement submitted pursuant to this
subsection within 90 days of its submission shall constitute approval of
the agreement by the attorney general.
(i) Prior to approving an agreement under this section, the board of
county commissioners of each county to be included in a proposed extension
district under subsection (a) or to be added to an existing extension district
under subsection (b), as the case may be, shall adopt a resolution stating the
intention of the board of county commissioners to approve such agreement and
specifying the counties that are to be included in the extension district.
Such resolution shall be published once each week for two consecutive weeks in
the official county newspaper. If, within 60 days following the last
publication of the resolution, a petition in opposition to the approval of the
agreement and the inclusion of the county in the extension district is
signed by not less than 5% of the qualified electors of the county and is filed
with the county election officer, such board of county commissioners shall not
approve such agreement and the county shall not be included in the extension
district unless and until the same is approved by a majority of the qualified
electors of the county voting thereon at a primary election or general election
or at a special election called and held for
such purpose. Any such special election shall be called, noticed and held in
accordance with the provisions of K.S.A. 10-120, and amendments thereto.
History: L. 1991, ch. 2, § 1;
L. 1994, ch. 225, § 1; July 1.