This Amended and Restated Agreement made and entered into by and between the County of Christian and Cities of Hopkinsville, Pembroke, Oak Grove, LaFayette and Crofton, Kentucky, to establish and maintain a Joint Planning Commission.
WHEREAS: | The Cities of Hopkinsville, Pembroke, Oak Grove, LaFayette and Crofton, Kentucky and the County of Christian, Kentucky, have in the past participated in a joint planning program, and have entered into a contractual agreement establishing said joint planning commission; and |
WHEREAS: | It is necessary to amend the original contractual agreement to provide for certain changes to the organization and administration of the joint planning commission; and |
WHEREAS: | Pursuant to KRS 100.127, all agreements for joint planning units shall be in writing and shall describe the boundaries of the area involved, and shall contain all details which are necessary for the establishment and administration of the planning unit in regard to planning commission organization, preparation of plans and aids to plan implementation; and |
WHEREAS: | Pursuant to KRS 100.127, approval of the agreement shall be by ordinance and the agreement shall be executed by the parties to the agreement; and |
WHEREAS: | Pursuant to KRS 100.127, combined planning operations shall be jointly financed, and the agreement shall state the method of proration of financial support; and |
WHEREAS: | The following table of contents outlines the requirements of KRS Chapter 100 in establishing this agreement: I. Duties, goals, capabilities of preparing a comprehensive plan and aiding in its implementation. II. Boundaries of the area involved. III. By-Laws of planning commission, membership. IV. Method of financing joint commission. V. Official signatures of member cities and county. |
THEREFORE: | Let it be resolved that the following contents, as amended and restated, represent the establishment, order and operation of the joint planning unit to be known as the Hopkinsville-Christian County Planning Commission in accordance with KRS Chapter 100. |
DUTIES, GOALS, CAPABILITIES OF PREPARING A COMPREHENSIVE PLAN AND AIDING IN ITS IMPLEMENTATION
Duties: | The Planning Commission, created by local ordinances, is made up of appointed citizens. However, all are to serve the interests of the entire citizenry of our communities. As a tool to be referenced in their decision making process, the community's Comprehensive Plan serves as “the general plan of the community which states its official statement of major policies concerning desirable future physical development.” |
Goals: | Therefore, it should be the goal of the Planning Commission to act as a conduit for the citizens, and to aid in the desirable future physical development of our communities. |
Capabilities of Preparing the Comprehensive Plan: | It shall be the job of the staff to provide the necessary technical guidance needed by the Commission to weigh its decisions based upon both the community's objectives, reflected in a Comprehensive Plan, and the proposal being considered. Therefore, as a support staff, it should be their job to research and offer recommendation, not to misdirect or take the lead on issues opposing the community's major goals and objectives. |
Aiding in the Comprehensive Plan’s Implementation: | The job is not over once the Plan is prepared, reviewed and amended by both citizen and legislative bodies; it is just the beginning. It now becomes the job of the entire community to transform the plans into reality; into bricks and mortar. The degree to which these plans become real can be measured by the participation and continued interest shown by our total community. Government, and its public agencies, can take the lead in implementation of the Plan through adoption, referral, capital improvement programming, and Plan updating. However, it takes a unique combination of public/private cooperation to make the plan real in our communities. Without private, self-imposed actions to see to it that the Plan is followed, we will fail. |
BOUNDARIES OF THE AREAS INVOLVED
The physical boundaries of the Hopkinsville-Christian County Planning Commission shall be determined by its membership cities and county participation. As the boundaries of each member city grow, or as membership fluctuate, so too will the boundaries of this Commission's jurisdiction change.
Physical Setting:
Christian County is located in the southwestern part of Kentucky, with the southern boundary formed by the Tennessee state line, its eastern boundary formed by the County of Todd, its northern boundary formed by Muhlenberg & Hopkins Counties and its western boundary formed by Caldwell and Trigg Counties.
The five incorporated areas party to this contract establishing a Joint Planning Commission are:
• Crofton: Located eleven miles north of the county seat of Christian County on Highway 41.
• Pembroke: Located eight miles southeast of the county seat of Christian County on Highway 41.
• LaFayette: Located thirteen miles southwest of the county seat of Christian County on Highway 107.
• Oak Grove: Located ten miles south of the county seat of Christian County on Highway 41A.
• Hopkinsville: The county seat of Christian County, located at the geographical center of the County.
The County of Christian, party to this contract, as governed by the Fiscal Court of Christian County, Kentucky.
BY-LAWS OF THE HOPKINSVILLE-CHRISTIAN COUNTY PLANNING COMMISSION
ARTICLE I
OBJECTIVES
The objectives and purpose of the Hopkinsville-Christian County Planning Commission are those set forth in KRS Chapter 100 and amendments and supplements thereto, and those powers and duties delegated to the Commission by the legislative bodies of the cities of Hopkinsville, Pembroke, Crofton, LaFayette, Oak Grove and the Fiscal Court of the County of Christian by ordinances.
ARTICLE II
OFFICERS AND THEIR DUTIES
SECTION 1.
The officers of the Commission shall consist of a Chairman, Vice-Chairman, and a Secretary.
SECTION 2.
The Chairman shall be the presiding officer at all meetings and hearings of the Commission and shall perform his duties as described by proper parliamentary procedure.
SECTION 3.
Under parliamentary procedure the Chairman’s general duties are: to open and call the meeting to order; to announce the business to be conducted; to recognize persons which are regularly moved or necessarily rise in the course of proceedings and to announce the result of the vote; to vote only to break a tie vote and to refrain from debate on any question to be voted on; to protect the Commission from unnecessary or frivolous motions by not recognizing them; to speed up proceedings as much as possible; to require order and sincerity in meetings; to inform the group present to a point of order or a practice pertinent to pending business; and to authenticate, by his signature when necessary, all acts, orders, and proceedings of the Commission.
SECTION 4.
The Chairman shall be one of the citizen members of the Commission. He/she shall conduct business only for the benefit of the Commission involved and shall reflect no personal prejudice in any matter.
SECTION 5.
The Vice-Chairman shall assist the Chairman in any way possible subject to the Chairman’s request. Upon the absence of the Chairman, the Vice-Chairman shall automatically become the presiding officer of the Commission.
SECTION 6.
The duties of the Secretary are as follows: to keep records and minutes of each meeting or hearing of the Commission; to keep a roll of members and to call this roll when required; to notify officers and committees of their appointment and to furnish committees with all papers referred to them; to record the number of votes for and against each question put to vote; to indicate any absences or disqualifications from voting when a question is put to vote and other duties which may be assigned to him/her.
ARTICLE III
NOMINATION AND ELECTION OF OFFICERS
SECTION 1.
Nominations of officers shall be made from citizen members at the annual organization meeting which shall be held on the fourth Monday of March in each year. Nominations of citizen members only shall be accepted.
SECTION 2.
Election of officers shall take place immediately following nomination. Voting shall take place in one of the following ways: voice; show of hands; rising; roll call; or general consent.
SECTION 3.
A candidate receiving a majority vote of the entire membership of the Commission shall be declared elected and shall serve a term of one (1) year or until his successor shall take office. Officers are eligible for re-election.
SECTION 4.
Vacancies in unexpired terms of office shall be filled immediately by regular election procedure.
ARTICLE IV
MEMBERSHIP
SECTION 1.
If vacancies in membership are not filled within sixty (60) days by the appropriate authority, then the Commission shall fill the vacancy pursuant to KRS 100.147.
SECTION 2.
Membership shall exist for each local government entity participating in the Joint Planning Commission, as outlined below:
Pursuant to KRS 100.141, the Mayor of each participating city shall be entitled to one non-elected citizen member and the County Judge/Executive of the participating county shall appoint one non-elected citizen member. These appointments shall be with the approval of their respective legislative bodies. Pursuant to KRS 100.133, the remaining membership shall be determined by the following functions which the participant cities and county have adopted.
Christian County: Extraterritorial jurisdiction exercised for: Subdivision Regulations – two (2) citizen members.
City of Hopkinsville: Extraterritorial jurisdiction exercised for: Subdivision regulations – two (2) citizen members, City Zoning Ordinance – two (2) citizen members.
Pursuant to KRS 100.143, the term of office of members first appointed shall be staggered so that a proportionate number serve one (1), two (2), three (3), and four (4) years respectively, and later appointments or re-appointments shall continue the staggered pattern.
The pattern for staggering the terms of the members first appointed shall be as follows:
Member | Appointment #s | Years Appointed |
Christian County | 1 Citizen 1 Citizen 1 Citizen | 2 years 3 years 4 years |
Hopkinsville | 1 Citizen 1 Citizen 1 Citizen 1 Citizen 1 Citizen | 1 year 2 years 3 years 4 years 4 years |
Oak Grove | 1 Citizen | 4 years |
Crofton | 1 Citizen | 3 years |
Pembroke | 1 Citizen | 2 years |
LaFayette | 1 Citizen | 1 years |
After the initial appointments have been served each appointment shall be four (4) years.
Pursuant to KRS 100.147, vacancies on the Planning Commission shall be filled within sixty (60) days by the appropriate appointing authority. If the authority fails to act within that time, the Planning Commission shall fill the vacancy.
Pursuant to KRS 100.151, all members of the Planning Commission shall, before entering upon their duties, qualify by taking the oath of office prescribed by Section 228 of the Constitution of the Commonwealth of Kentucky before any judge, county judge/executive, notary public, clerk of a court, or justice of the peace within the district or county in which he/she resides.
Compensation for citizen members serving on the Commission shall be set at Twenty-Five dollars ($25) per meeting.
Any member of a Planning Commission may be removed by the appropriate appointing authority for inefficiency, neglect of duty, malfeasance, or conflict of interest. The procedures to be followed if this authority is to be exercised shall be in strict compliance with KRS 100.157.
It shall be the duty and responsibility of each Commission member to attend all regular meetings. If a Commission member misses or is absent from four (4) regular meetings in one calendar year, the Commission may ask for his/her resignation.
ARTICLE V
MEETINGS
SECTION 1.
Meetings shall be held on the fourth Monday of the month at 7:00 p.m. at the Hopkinsville Municipal Center unless otherwise agreed upon by a majority of the membership.
SECTION 2.
A quorum of a meeting is such a number as must be present in order that business can be legally transacted. The quorum refers to the number present, not the number voting.
SECTION 3.
A simple majority of the total number of members named and appointed to the Commission as established by this agreement shall constitute a quorum.
SECTION 4.
Special meetings may be called by the Chairman. The notice of such a meeting shall specify the purpose of such a meeting and no other business may be considered. The Chairman shall notify all members of the Commission by oral or written notice not less than seven (7) days in advance of such special meeting. This notice shall contain the date, time, place, and subject of discussion.
SECTION 5.
All meetings at which official action is taken shall be open to the general public, subject to the Kentucky Open Meetings Act, KRS 61.800, et. seq.
ARTICLE VI
ORDER OF BUSINESS
SECTION 1.
The order of business at regular meetings shall be:
(a) Roll Call
(b) Reading of minutes of previous meeting; and adoption
(c) Current Business
(d) Old and Unfinished Business
(e) New Business
(f) Adjournment
ARTICLE VII
TRANSACTION OF BUSINESS
SECTION 1.
Any member of the Commission who has any financial interest in any question called to vote shall notify the Chairman of such interest and thus disqualify himself/herself from discussing or voting on the matter. It shall be the responsibility of each member to determine personal conflicts of interest.
SECTION 2.
Any member of the Commission who fails to notify the Chairman of his financial interest in a question called to vote shall have his voting qualifications judged by the Commission as to his amount of interest in the question and his right to vote on it. A simple majority vote shall determine this question if raised by the Chairman.
SECTION 3.
Any member of the Commission found to have any financial interest in the question called to vote shall not be considered in the quorum count prior to voting.
SECTION 4.
To transact any official business, a simple majority vote of the membership present shall be necessary except as otherwise provided herein. Voting shall take place in one of the following ways: voice; show of hands; rising; or roll call. The method of voting shall be at the discretion of the presiding officer.
ARTICLE VIII
EMPLOYEES
SECTION 1.
The Commission may arrange for a member of its staff to assist the Secretary in the performance of his/her duties and perform such other duties as may be assigned to him/her by the Chairman.
SECTION 2.
The Commission may employ a staff to aid in the work of the Commission. Such employment shall be approved by a majority of the Commission membership.
ARTICLE IX
HEARINGS
SECTION 1.
In addition to those required by law, the Commission may hold public hearings at its discretion when it is apparent that such hearings will be in the public's interest.
SECTION 2.
Notice of such hearings shall be distributed to the “publication area” as defined in KRS 424.110. Notice shall be published at least once but may be published two or more times, provided that one publication occur not less than seven (7) days nor more than twenty-one (21) days before the occurrence of the hearing.
SECTION 3.
The matter before the Commission shall be presented in summary by the Chairman or a designated member of the Commission and/or staff and parties of interest shall have privilege on the floor. No record of statement shall be recorded or sworn to as evidence for any court of law without notice to the parties.
SECTION 4.
A record shall be kept of those speaking before the Commission by the Secretary.
SECTION 5.
The Commission may appoint one or more of its members to act as a hearing examiner or examiners.
METHOD OF FINANCING JOINT COMMISSION
The method of financing shall be by appropriation from city and county member participants. A yearly budget and program of work shall be prepared each fiscal year by the Planning Commission staff, outlining the functions to be performed by the Commission and the funding necessary to assure said program of work. Funding from each member participant shall be subject to approval of their annual appropriation process and commensurate with services rendered by the Commission.
SIGNATURE RECORD
City of Hopkinsville
Notary/Clerk Mayor, City of Hopkinsville
Date
Ordinance Number
Publicly read for the first time
Publicly read for the second time
Passed by the City Council on by a vote of .
County of Christian
Notary/Clerk Judge Executive
Christian County, KY
Date
Fiscal Court Order Number
Publicly read for the first time
Publicly read for the second time
Passed by the Fiscal Court on by a vote of .
City of Oak Grove
Notary/Clerk Mayor, City of Oak Grove
Date
Ordinance Number
Publicly read for the first time
Publicly read for the second time
Passed by the City Council on by a vote of .
City of Crofton
Notary/Clerk Mayor, City of Crofto
Date
Ordinance Number
Publicly read for the first time
Publicly read for the second time
Passed by the City Council on by a vote of .
City of Pembroke
Notary/Clerk Mayor, City of Pembroke
Date
Ordinance Number
Publicly read for the first time
Publicly read for the second time
Passed by the City Council on by a vote of .
City of LaFayette
Notary/Clerk Mayor, City of LaFayette
Date
Ordinance Number
Publicly read for the first time
Publicly read for the second time
Passed by the City Council on by a vote of .
(Ord. 16-2015, passed 10-22-2015)