There is hereby created the Newton, North Newton Area Planning Commission as authorized by K.S.A. 12-716 to 12-724, inclusive, as amended, which shall exercise its powers and duties, as provided by the law and this joint ordinance, within the corporate limits of the City of Newton and the City of North Newton, Kansas, as presently defined and as may be changed from time to time.

(Ord. 3170, Sec. 1)

The Newton, North Newton Area Planning Commission shall consist of nine members, six of whom shall be appointed by the mayor of the city by and with the consent of the board of commissioners of the city, three of whom shall be appointed by the mayor of the City of North Newton, Kansas, with the consent of the city council. All terms shall commence on the first day of May and expire on the 30th day of April. All terms of office, other than the terms of the initial appointees, shall be for three years. The City of Newton shall name in the manner above provided for, two appointees whose terms will expire April 30, 1976, two appointees whose term will expire April 30, 1978, and two appointees whose terms will expire April 30, 1979. The City of North Newton, Kansas, shall name in the manner above provided for, one appointee whose term shall expire April 30, 1976, and one appointee whose term shall expire April 30, 1978 and one appointee whose term shall expire April 30, 1979. In case of death, incapacity, resignation or disqualification of any member, the board making the appointment of such member will appoint another member for the unexpired term of such deceased, incapacitated, resigned or disqualified member. Any person shall be eligible for appointment by either governing body of the cities who resides within the corporate limits of the respective city making such appointment. No person shall be disqualified from continuing to serve on such planning commission by reason of changing his or her residence; provided, that such person continues to reside within the area defined by section 23-101 of this article. Members of the Newton, North Newton Area Planning Commission shall serve without compensation but may be reimbursed for expenses actually incurred in the performance of their duties as members of the Newton, North Newton Area Planning Commission.

(Ord. 3170, Sec. 2)

The Newton, North Newton Area Planning Commission shall convene for its first meeting at such time and place as shall be fixed by the mayors of each of the cities and shall thereupon proceeds to organize and elect officers and fix and determine times and places of future meetings, which the meetings shall not be less frequent than once a month. The planning commission shall elect one member as chairperson and one member as vice chairperson. The terms of the chairperson and the vice chairperson shall be for one year until his or her successor shall have been elected and qualified. Special meetings of the planning commission may be called by the chairperson or in his or her absence, by the vice chairperson. A quorum of the Newton, North Newton Area Planning Commission shall consist of five members. The planning commission shall designate a secretary and they may also designate an assistant secretary, neither of whom need be members of the planning commission. The secretary shall cause a proper record to be kept of all the proceedings of the planning commission.

(Ord. 3170, Sec. 3)

(a)   The Newton, North Newton Area Planning Commission may adopt rules and regulations governing the meetings of such commission, or which will assist in the exercise of its powers and duties. In no event shall the commission adopt any rule or regulation in conflict with the provisions of Kansas law or Ordinance No. 3170 of the City of Newton, Kansas, and Ordinance No. 166 of the City of North Newton, Kansas, and any amendments thereof. No such rule or regulation shall take force and be in effect until the same shall have been presented to the governing bodies of the City of Newton and the City of North Newton, and have been accepted and approved by both such governing bodies. Upon such acceptance and approval, such rules and regulations shall become official policy, and have the same force and effect as all other ordinances of the City of Newton and the City of North Newton.

(b)   Whenever any rules and regulations of the Newton, North Newton Area Planning Commission have been accepted and approved by the governing bodies of the cities of Newton and North Newton, no fewer than three copies of such rules and regulations shall be marked or stamped “Official Copy of Rules and Regulations of the Newton, North Newton Area Planning Commission” and filed with the city clerk of the City of Newton, Kansas, and a like number shall be so marked and filed with the city clerk of the City of North Newton, Kansas. Such copies shall be open to inspection and available to the public at all reasonable business hours.

(c)   The powers granted herein shall be in addition to those exercised by the Newton, North Newton Area Planning Commission under K.S.A. 12-716 to 12-724, inclusive, and Ordinance No. 3170 of the City of Newton, Kansas, and Ordinance No. 166 of the City of North Newton, Kansas.

(d)   This joint ordinance shall serve as an agreement between the City of Newton and the City of North Newton as contemplated in K.S.A. 12-716 to 12-721, inclusive, as amended.

(Ord. 3701)

The Newton, North Newton Area Planning Commission shall have such powers and duties as may be prescribed by law from time to time. As a primary function, the planning commission shall have the responsibility of the preparation, adoption and recommendation of a long range comprehensive plan to guide the future physical development of the Newton, North Newton area. Such general plan shall consist of a land use element, a circulation element, principal highways, bridges, airports, parks and recreational areas, school and public institutions, and public utilities. The plan shall provide a statement of population distribution and density and proposed building intensity and other uses of land. The commission shall further recommend development plans for specific public work projects. Such development plans shall be related to the general plan and shall insure the integration of proposed land use and for matters of access and relation to the neighborhood within which such development plans provide for construction. Development plans shall be based on studies of physical, social, economic, and governmental conditions and trends and shall also contain an analysis of methods of financing proposed public works. The planning commission shall further cause to be prepared zoning studies and shall recommend the zoning of all land within its jurisdiction. The planning commission shall cause to be prepared recommendations governing the control of subdivisions within the area of their jurisdiction. The planning commission shall cause to be prepared annually, for jurisdictions that they represent, a statement of current and past growth and development trends and anticipated growth for the succeeding year and for the succeeding five years. Such annual statement of anticipated growth and development shall also contain an annual review of the status of the general plan and recommended adjustments in such plan. Such review of the annual statement shall be transmitted to the administrative head of the political jurisdictions involved on or before the first Monday in April of each year for the use by the respective jurisdictions in the preparation of their annual capital improvement budgets. The planning commission shall cause to have reviewed annually the proposed capital improvement budgets of the respective jurisdictions and shall comment on the proposed budgets in terms of its conformity to the furtherance of the general plan. The Newton, North Newton Area Planning Commission shall take over and perform all powers and duties and functions heretofore vested in the Newton Area Regional Planning Commission within the corporate limits of Newton and North Newton.

(Ord. 3170, Sec. 4)

On or before the first Monday in June of each year the Newton, North Newton Area Planning Commission shall submit to the city manager of the City of Newton and the mayor of the City of North Newton, a budget of income and expenditures for the ensuing fiscal year on forms provided by respective jurisdictions. Thereupon, such budget shall be considered by the governing body of each of the cities and such budget, as submitted or as the same may be amended, shall be approved and adopted by all of the governing bodies to the extent of 95 percent of such amended or revised budget by the board of commissioners of the City of Newton, and to the extent of 10 percent of such amended or revised budget of the city council of the City of North Newton. The city treasurer of the City of Newton is hereby designated as a custodian and disbursing agent for the total budget. The governing body of North Newton shall direct its treasurer to pay to the city treasurer its share of such budget. The city manager of Newton shall see that the city’s portion of such budget is provided for in the city treasury.

(Ord. 3170, Sec. 5)

There is hereby established and created the Newton, North Newton Area Planning Department which shall act as a staff of the Newton, North Newton Area Planning Commission. The director of such department and all subordinate employees shall be appointed by the city manager of the City of Newton and the mayor of North Newton by joint appointment. It shall be the responsibility of the personnel division of the department of administration of the City of Newton to make such examinations, conduct tests, obtain such records and generally supervise the personnel of planning departments as may be reasonably necessary and in accordance with the general personnel practices and procedures of the city. The director of planning and all subordinate employees shall serve at the pleasure of the city manager of the City of Newton and the mayor of North Newton by joint decision.

(Ord. 3170, Sec. 6)

All planning and zoning action of every kind or character heretofore taken by the Newton Area Regional Planning Commission and the powers and duties prescribed to them shall be continued in full force and effect to and until December 31, 1975, notwithstanding any contrary provision of this article and, upon said date, all of the powers and duties and the administration and supervision of planning and zoning shall be transferred to the Newton, North Newton Area Planning Commission together with all the records, files, minutes, maps, plats and other property of the Newton Area Regional Planning Commission applicable to the corporate limits of the cities; provided, that petitions and requests pending before the Newton Area Regional Planning Commission on the effective date of this article shall continue to be processed by such commission until concluded or until December 31, 1975, whichever occurs first. Any matters pending before such commission on December 31, 1975, shall be transferred to and become the responsibility of the Newton, North Newton Area Planning Commission and its planning department.

(Ord. 3170, Sec. 7)

This joint ordinance shall serve as an agreement between the City of Newton and the City of North Newton as contemplated in K.S.A. 12-716 and 12-721, inclusive, as amended. It shall also constitute an ordinance of the City of Newton and City of North Newton and shall become effective on December 31, 1975; provided, that its passage and adoption by the board of commissioners of the City of Newton and the mayor and city council of North Newton acting separately and its publication as provided by law in the official city newspaper has all been accomplished prior to the effective date. A fully executed and attested copy shall be filed with the city clerks of the cities of Newton and North Newton, Kansas.

(Ord. 3170, Sec. 8)

If this joint ordinance or any part thereof shall be held or determined to be unconstitutional, illegal, ultra vires or void, the same shall not be held or construed to change or annul any provision hereof which may be legal or lawful; and in event this joint ordinance or any part thereof shall be held unconstitutional, illegal, ultra vires or void, the same shall not affect any action heretofore taken by the Newton Area Regional Planning Commission as heretofore established and constituted.

(Ord. 3170, Sec. 9)