CHAPTER 153: PLANNING
Section
   153.01   Purposes and objectives
   153.02   Joint Planning Unit
   153.03   Joint Planning Commission
   153.04   Boards of Adjustment
   153.05   Financing
   153.06   Effective period
§ 153.01 PURPOSES AND OBJECTIVES.
   The cities of Barlow, Kevil, LaCenter and Wickliffe and the County of Ballard hereby declare that in the execution of this agreement and in the fulfillment of their respective obligations hereunder, they are acting with the following purposes and objectives, which shall not be considered exclusive, and which are stated merely for the purpose of demonstrating to some extent the intent of the parties:
   (A)   To secure the maximum economical, physical and social welfare for the cities and county and their citizens through the thoughtful and planned use and development of land, buildings, thoroughfares and public utilities.
   (B)   To encourage the establishment of planning programs, the provisions of facilities and personnel therefor, the study of needs of the affected areas in the field of planning and implementation and enforcement of all regulations lawfully established and promulgated pursuant to the provisions of KRS Chapter 100.
   (C)   To encourage cooperation between the cities and county and the citizens and officials thereof.
   (D)   The cities and the county and the appropriate officials thereof shall lend their best efforts in the attainment and fulfillment of the purposes and objectives.
(Ord. 396, passed 1-1-68)
§ 153.02 JOINT PLANNING UNIT.
   (A)   The cities of Barlow, Kevil, LaCenter and Wickliffe and the County of Ballard do hereby form a joint planning unit by combining their planning operations into a joint city-county planning program.
   (B)   The area of jurisdiction of the joint city-county planning operation shall include all of the city of Barlow, the City of Kevil, the City of LaCenter, the City of Wickliffe and the County of Ballard.
(Ord. 396, passed 1-1-68)
§ 153.03 JOINT PLANNING COMMISSION.
   (A)   A joint planning commission is hereby created which shall be known as the “Joint City- County Planning Commission of Ballard County, Kentucky.” Upon the appointment and subsequent approval of members, election of officers, and adoption of its by-laws, its existence shall begin subject to the provisions of KRS Chapter 100. The Commission may engage in planning operations within its jurisdiction which shall include all of the City of Barlow, the City of Kevil, the City of LaCenter, the City of Wickliffe, and the County of Ballard except where otherwise provided for by KRS Chapter 100. This Commission shall have the powers, duties and responsibilities set forth in KRS Chapter 100.
   (B)   The Commission shall consist of a total of 15 members with ten of the members being citizen members.
      (1)   Non-citizen members may be any elected official, appointed official or public employee of the cities or county.
      (2)   Citizen members may be any citizen who is not an elected official, appointed official or public employee of the cities or county.
      (3)   The Mayors and County Judge-Executive shall appoint the members of the Commission with the approval of their respective legislative bodies. The citizen members appointed by the Mayors shall be residents within the corporate limits of their respective cities and the citizen members appointed by the County Judge-Executive shall be residents of the portion of the county lying outside the boundaries of all legally incorporated cities but inside the area comprising the territorial jurisdiction of the Commission.
      (4)   Commission members shall be appointed according to the following:
         (a)   Ballard County - one non-citizen member; four citizen members.
         (b)   Barlow City - one non-citizen member; one citizen member.
         (c)   Kevil City - one non-citizen member; one citizen member.
         (d)   LaCenter City - one non-citizen member; two citizen members.
         (e)   Wickliffe City - one non-citizen member; two citizen members.
      (5)   The term of office of all elected public officials shall be the same as their official tenure in office. For other members, the term shall be four years, ending on February 15 of the designated year. The terms of those first appointed shall be staggered so that a proportionate number serve one, two, three and four years respectively, with later appointments or reappointments continuing the staggered pattern. All vacancies whether by resignation, dismissal or expiration of the term of office shall be filled within 60 days by the appropriate appointing authority or as otherwise provided for in KRS Chapter 100. The oath of office shall be administered to all members of the Commission before entering upon their duties. The oath shall be administered as provided by law. Any member may be removed by the appropriate appointing authority for inefficiency, neglect of duty, malfeasance, or conflict of interest. The removed members shall have the right of appeal in the manner prescribed by KRS Chapter 100.
      (6)   Reimbursement for expenses lawfully incurred by a member in the performance of his duties may be authorized by formal action of the Commission. No member shall be compensated for his meeting time.
      (7)   The Commission shall elect a chairman, and any other officers which it deems necessary from among its citizen members. The term of office shall be one year with eligibility for reelection. the Commission may employ a staff as it may deem necessary for its work and may contract with professional planners and other parties for such services as it may require.
      (8)   The Commission shall conduct each year at least six regular meetings for the transaction of its business. The by-laws adopted by the Commission shall reflect the schedule of regular meetings. Special meetings shall be held at the call of the chairman who shall give written or oral notice to all members at least seven days prior to the meeting, which notice shall contain the date, time, place and the subject or subjects to be discussed. All members, except the Chairman, shall be entitled to vote and eight members of the total membership including the Chairman or acting Chairman shall constitute a quorum. After a quorum has been established a simple majority of that quorum can transact any official business except in those instances where there is to be an adoption or amendment of the Commission's by-laws or elements of the comprehensive plan or regulations, then a vote of the simple majority of the total membership shall be necessary. In any case of a tie vote or deadlock, the Chairman shall then have the power to vote and shall cast his vote and break such a tie or deadlock.
      (9)   The Commission shall adopt and approve its by-laws before it may properly transact any business. The by-laws shall set forth the procedures, rules, and regulations necessary for the Commission to conduct its business. The by-laws shall describe the method for administration of funds, and provide for an annual audit thereof.
      (10)   The Commission shall have general powers necessary to carry out its functions in accordance with this agreement and KRS Chapter 100. The Commission may be assigned any powers, duties and functions related to urban renewal or public housing by the legislative bodies of the participating cities or county. The Commission shall have the power to receive, hold, administer and disburse funds which it may lawfully receive from any and every source. Expenditures of such funds shall be in accordance with the formal action of the Commission, or pursuant to regulations lawfully established by the Commission. Officials, appointed officials and employees of the cities and county may be authorized and/or directed by the Mayors and the County Judge-Executive to attend meetings of the Commission, and otherwise to assist the Commission in advisory capacities, when deemed necessary by the members of the Commission. All other details of the Commission's operation which are necessary for the establishment and administration of the Commission, for the preparation of plans and for the aids to help implement the plans and shall be as described in KRS Chapter 100 and as may be amended in the future.
(Ord. 396, passed 1-1-68)
§ 153.04 BOARDS OF ADJUSTMENT.
   A Board of Adjustment is hereby created for each of the following political subdivisions: the City of Barlow, the City of Kevil, the City of LaCenter, the City of Wickliffe, and the County of Ballard, Kentucky. Each Board shall be known as the Board of Adjustment for the respective political subdivision that it serves. Each Board shall have the powers, duties and responsibilities as set forth in KRS Chapter 100.
   (A)   The jurisdiction of the Boards of Adjustment shall be as follows:
      (1)   Board of Adjustment for the City of Barlow. Jurisdiction shall be within the legal corporate limits of the city as exists or may be amended in the future.
      (2)   Board of Adjustment for the City of Kevil. Jurisdiction shall be within the legal corporate limits of the City of Kevil as exists or may be amended.
      (3)   Board of Adjustment for the City of LaCenter. Jurisdiction shall be within the legal corporate limits of the City of LaCenter as exists or may be amended in the future.
      (4)   Board of Adjustment for the City of Wickliffe. Jurisdiction shall be within the legal corporate limits of the City of Wickliffe as exists or may be amended in the future.
      (5)   Board of Adjustment for the County of Ballard. Jurisdiction shall be within all of the legal territorial boundaries of the county excluding the area within the legal corporate limits of the City of Barlow, the City of Kevil, the City of LaCenter, the City of Wickliffe as exist or may be amended in the future.
   (B)   The membership, appointment and term of office for each of the Boards of Adjustment is as follows:
      (1)   Board of Adjustment for the City of Barlow. The Board shall consist of three citizen members, one of which shall be a citizen member of the Planning Commission and resident of the City of Barlow. The Mayor of Barlow shall appoint the members of the Board with the approval of the City of Barlow legislative body. The term of office of all Board members shall be four years, but the term of office of members first appointed shall be staggered so that a proportionate number serve one, two, three and four years respectively, with later appointments or reappointments continuing the staggered pattern.
      (2)   Board of Adjustment for the City of Kevil. The Board shall consist of three citizen members, one of which shall be a citizen member of the Planning Commission and resident of the City of Kevil. The Mayor of Kevil shall appoint the members of the Board with the approval of the City of Kevil Legislative Body. The term of office of all Board members shall be four years, but the term of office of members first appointed shall be staggered so that a proportionate number serve one, two, three and four years respectively, with later appointments or reappointments continuing the staggered pattern.
      (3)   Board of Adjustment for the City of LaCenter. The Board shall consist of three citizen members, one of which shall be a citizen member of the Planning Commission and resident of the City of LaCenter. The Mayor of LaCenter shall appoint the members of the Board with the approval of the City of LaCenter legislative body. The term of office of all Board members shall be four years but the term of office of members first appointed shall be staggered so that a proportionate number serve one, two, three and four years respectively, with alter appointments or reappointments continuing the staggered pattern.
      (4)   Board of Adjustment for the City of Wickliffe. The Board shall consist of three citizen members, one of which shall be a citizen member of the Planning Commission and resident of the City of Wickliffe. The Mayor of Wickliffe shall appoint the members of the Board with the approval of the City of Wickliffe legislative body. The term of office of all Board members shall be four years but the term of office of members first appointed shall be staggered so that a proportionate number serve one, two, three and four years respectively with later appointments or reappointments continuing the staggered pattern.
      (5)   The Board of Adjustment for the County of Ballard. The Board shall consist of three citizen members, one of which shall be a citizen member of the Planning Commission and resident of the County of Ballard living within the legal territorial boundaries of Ballard County, excluding the area within the legal corporate limits of the cities of Barlow, Kevil, LaCenter and Wickliffe as exist or may be amended in the future. The County Judge-Executive of Ballard County shall appoint the members of the Board with the approval of the County of Ballard legislative body. The terms of office of all Board members shall be four years, but the term of office of members first appointed shall be staggered so that a proportionate number serve one, two, three and four years respectively, with later appointments or reappointments continuing the staggered pattern.
   (C)   Reimbursement for expenses lawfully incurred by a member of the Boards of Adjustment in the performance of his duties may be authorized by formal action of the respective Board. No member of the Boards shall receive any compensation.
   (D)   The Boards of Adjustment shall have the power to receive, hold, administer, and disburse funds which it may lawfully receive from any and every source. Prior to the beginning of each Board's fiscal year, the respective Board shall adopt a budget which shall be presented to the legislative body of the political subdivision in which it has jurisdiction for the purpose of receiving funds for the cost of its operation. Expenditures of such appropriations and funds shall be in accordance with the formal action of the Board or pursuant to the regulations lawfully established by the Board. All other details of the Board's operation which are necessary for the establishment and administration of the Boards shall be as described in KRS Chapter 100 and as may be amended in the future.
(Ord. 396, passed 1-1-68)
§ 153.05 FINANCING.
   The joint planning operation shall be financed according to the following method:
   (A)   Prior to the beginning of the Commission's fiscal year, the Commission shall adopt a budget outlining the expected expenditures and needed revenues. This budget shall then be presented to the Mayors and legislative bodies of the cities of Barlow, Kevil, LaCenter and Wickliffe, and the County Judge-Executive and legislative body of Ballard County by the Chairman of the Commission and/or the respective commission members representing the Cities of Barlow, Kevil, LaCenter, Wickliffe and the County of Ballard.
   (B)   This budget shall contain funds for the basic administration of the program and of that part of the budget the City of Barlow shall pay 11%, the City of Kevil shall pay 2%, the City of LaCenter shall pay 20%, the City of Wickliffe shall pay 21%, and the County of Ballard shall pay 46%.
   (C)   The basic budget may be expanded from time to time with those representative legislative bodies increasing their contributions based on additional studies and plans and assistance in preparing such, and as may be agreed upon by the Commission and legislative bodies.
   (D)   All funds subject to this agreement shall be paid to the Treasurer of the Commission who shall be elected by the Commission or after approval by the Commission to the party providing such studies, plans and assistance as required by the Commission.
(Ord. 396, passed 1-1-68)
§ 153.06 EFFECTIVE PERIOD.
   This agreement shall be in full force and effect when executed by the parties to the agreement and then filed in the office of the County Court Clerk of Ballard County. This agreement shall be in existence for as long as at least two of the original signatories are operating under the combination despite the fact that other signatories have withdrawn from the unit.
(Ord. 396, passed 1-1-68)