RESTATEMENT AND AMENDMENT
to the
Interlocal Agreement Creating Barber County, Development, Inc. to Serve and Promote
the Interests of Local Governments
in Barber County, Kansas
WHEREAS, Barber County, the City of Kiowa, and the City of Medicine Lodge previously entered into that certain Interlocal Agreement Creating Barber County Development, Inc., to Serve and Promote the Interests of Local Governments in Barber County, Kansas, said Interlocal Agreement dated the 28th day of February, 2013;
WHEREAS, the City of Kiowa later withdrew its participation in the Interlocal Agreement pursuant to the terms of the Interlocal Agreement;
WHEREAS, the remaining parties wish to affirm the Interlocal Agreement, adopt certain revisions, and include additional “public agencies” as defined by K.S.A. 12-2903, specifically the remaining cities within Barber County
WHEREAS, the Interlocal Agreement states in Paragraph 9: Amendments to the Agreement that the Agreement may be amended by a 2/3 majority of the parties to this agreement who are member governments of BCD in accordance with the by-laws, upon passage of appropriate ordinance or resolution passed by each governing body agreeing to the amendment;
WHEREAS, the Interlocal Agreement Creating Barber County Development, Inc. to Serve and Promote the Interests of Local Governments in Barber County is herein restated and amended effective the 1st day of January, 2022 as follows:
ESTABLISHMENT
That it is agreed between the parties to this agreement that there is hereby created a separate legal entity to be known as "Barber County Development, Inc." (hereinafter referred to as "BCD"), to conduct the joint and cooperative action provided for in this agreement. BCD shall constitute a body corporate and politic, and shall have the powers as set out herein. BCD shall be a voluntary organization of, by, and for Barber County, the City of Kiowa, the City of Medicine Lodge, the City of Sun City, and the City of Isabel. Furthermore, this agreement supersedes and nullifies any previous interlocal agreements or other arrangements established between the parties to this agreement creating a similar organization. Any action taken by the existing BCD organization pursuant to the previous interlocal agreement shall remain valid and continue in full force and effect until amended or nullified by the parties pursuant to this agreement.
2. Nature and Purpose of Interlocal Agreement
The parties herein specified hereby enter into this agreement for the purposes of permitting said entities to make efficient use of their powers by enabling them to cooperate with each other in the joint effort and function of economic development and to recognize the need and value to jointly plan for facilities and services of a county-wide or multi-jurisdictional nature, in order to strengthen local governments, improve public service, and to serve the interests of Barber County on matters of economic concern. The parties also recognize the need to inform each other of proposals, plans, developments, and operations which have a county- wide or regional impact and significance, and while recognizing that not all of these activities need to be jointly planned or coordinated, the parties hereby agree to bring such matters to the attention of BCD for its review.
3. Membership & Voting
BCD Board membership is limited to Barber County government and the cities of Kiowa, Medicine Lodge, Sharon, Sun City, Isabel, Hazelton, and Hardtner. BCD may also extend membership to other “public agencies” as defined by K.S.A. 12-2903 within Barber County by approval of a two-thirds vote of members present and voting at any BCD meeting. In order to become a member of BCD and be a party to this agreement, each invited public agency shall adopt an appropriate ordinance or resolution and shall file the same with the Secretary of BCD. Each city party to this agreement is entitled to one voting member to the governing body of BCD. A city’s voting member may or may not be appointed from within the city limits of that city. Each Commissioner of Barber County is entitled to two voting members to the governing body of BCD, one of which shall be appointed from that Commissioner’s district and one of which shall be an at-large appointment. Each party to this agreement shall have the authority to designate said members in whatever manner said government deems appropriate. Members of BCD shall each be entitled to one vote on all matters affecting the organization.
Members shall serve three year terms, which may be renewed for successive terms as may be determined by the appointing public agency. To establish a rotation of members, the appointed members shall serve the following initial terms ending December 31 of the year:
APPOINTMENT TERM EXPIRES
Commissioner Dist. 1 2026
Commissioner Dist. 2 2026
Commissioner Dist. 3 2025
Commissioner Dist. 1 at-large 2026
Commissioner Dist. 2 at-large 2026
Commissioner Dist. 3 at-large 2025
City of Kiowa 2026
City of Medicine Lodge 2026
City of Isabel 2025
City of Sun City 2026
4. Officers
There shall be a Chair, Vice-Chair, and Secretary of BCD. The voting members shall in July of each year elect a Chair and a Vice Chair, except an election shall be held at the first BCD meeting after being established by this agreement. The Chair shall preside and call all meetings of BCD, with appropriate notice and at times in accordance with the by-laws, and act as spokesperson on its behalf. The Vice-Chair shall preside at meetings and assume the duties of theChair in his or her absence. The Secretary shall be responsible for overseeing the policies and procedures of BCD. BCD shall appoint an Executive Officer who shall serve at its pleasure and be responsible for maintaining minutes of the meetings and to carry out communications among members of BCD. The Executive Director shall serve as the Secretary. The Director is responsible for preparing agendas, addressing policy issues and administrative matters, and handling special tasks that may require action between regular meetings of BCD.
The Executive Director of the existing BCD organization shall continue to serve in the same capacity until appointments are made as prescribed in this agreement. During the transition from the current BCD membership to that prescribed herein, there is hereby acknowledged an interim BCD Board composed of the existing BCD Board. This Board will carry out necessary actions during the transition of the BCD Board and membership.
In addition, the parties understand the need to strengthen both the individual and collective authority of local governments and help identify and address regional opportunities, resolve regional problems, develop and support common legislative positions, work in concert on issues and challenges which originate outside of the regional boundaries, eliminate unnecessary duplication, and address common issues facing each jurisdictional area.
The primary objective of BCD will be to leverage county-wide resources to encourage and promote economic development.
5. By-Laws of BCD
BCD shall adopt by-laws consistent with this agreement to govern the conduct of business by BCD. Such by-laws must be adopted or amended by no less than a two thirds vote of the members at any regular meeting of BCD. The articles of incorporation of the existing BCD organization shall continue to be in effect pursuant to this agreement until new by-laws are adopted in accordance with this agreement.
A properly executed copy of the by-laws shall be provided to all public agencies which are parties to this agreement within one month after execution of the same and shall be available upon request by BCD. The original executed by-laws shall be retained by BCD with its official records.
Such by-laws shall include a requirement that BCD hold regular meetings on a monthly basis; at least one meeting per quarter shall be a live meeting either in person or through video or telephone conference. Such by-laws shall include a requirement that BCD adopt a fiscal year ending December 31. Such by-laws shall include a requirement that BCD provide meeting minutes, including treasurer’s report and executive director’s report to each participating public agency on a quarterly basis.
6. Financing of BCD
Each entity shall budget when possible to adequately fund the operations with the understanding that no entity can obligate funds beyond its current fiscal year. The Board shall be responsible for presenting to each entity by May 1 of each year its proposed budget and proposed funding arrangement. It is not expected that each entity contributes equal funds. If an entity does not contribute any funds for a specific year, that entity’s appointed member will become an ad- hoc member with no voting authority. If the entity resumes funding, that entity’s appointed member shall again have voting authority beginning January 1 of the year to which funding is allocated.
If a budget and funding arrangement cannot be agreed upon by July 1, followed by each entity passing such timely resolutions as may be required for budgeting and funding, then the Board shall be terminated just as effectively as if the established process in Section 8 had been followed, and following the same prescription for dissolution found therein.
7. Powers
BCD as a separate legal entity pursuant to K.S.A. 12-2904a shall have the following powers conferred by statute as well as others, as may be amended from time to time, by the state legislature pursuant to this statute. Those powers include:
a. To sue and be sued in its corporate name;
b. To take and hold any property, real or personal, in fee simple or otherwise;
c. To sell, lease, lend or otherwise transfer any property or interest in property owned byBCD;
d. To make contracts;
e. To have and use a corporate seal;
f. To issue bonds, notes or other evidence of indebtedness in its own name;
In addition to the above specific statutory powers, BCD shall have the authority as follows:
g. To conduct studies of the region's resources with respect to existing and emerging problems of industry, commerce, transportation, public services, natural resources, environment, legislative needs, highways, and other matters relevant to BCD's purpose.
h. To pursue and receive federal and state grants or funding assistance to carry out the tasks of BCD.
i. To provide and share technical assistance and enter into agreements among governments to provide or coordinate services or functions.
J. To accept and apply for additional grants, assistance funds, donations, or bequests of money to carry out its intended purposes.
k. To establish a budget and to provide for the manner of financing the tasks undertaken and approved by BCD.
I. To organize special committees or task forces as appropriate to carry out the business of BCD or its member governments.
m. To retain and utilize the services of consultants for specific services approved byBCD.
n. To authorize the Chair, upon concurrence of the BCD Board, to establish advisory committees.
o. To administer programs on behalf of the State of Kansas and as authorized by state law.
8. Effective Date, Duration, and Termination
The effective date of this interlocal agreement shall be upon execution by Barber County government and the cities of Kiowa, Medicine Lodge, Sharon, Sun City, Isabel, Hazelton, and Hardtner and shall continue in force and effect until terminated by a 2/3 majority of member governments. Any member government may withdraw from this agreement by giving sixty (60) days written notice to the (Secretary or Director) of BCD accompanied by an appropriate ordinance or resolution adopted by the governing body. Upon dissolution of BCD, any real or personal property owned by BCD will become the property of the public agencies as parties to this agreement and dispersed in a manner provided in the by-laws or by separate resolution of BCD.
9. Amendments to the Agreement
This Agreement may be amended by a 2/3 majority of the parties to this agreement who are member governments of BCD in accordance with the by-laws. Members shall be required to submit an appropriate ordinance or resolution passed by each governing body agreeing to the amendment and such amendment shall not become effective until such ordinances or resolutions have been filed with the BCD (Secretary or Director).
IN WITNESS WHEREOF, each member has officially adopted and caused this Interlocal Agreement to be executed in the manner provided by law.
BARBER COUNTY
Chairman of the Board of County Commissioners
CITY OF KIOWA
MAYOR
CITY OF MEDICINE LODGE
MAYOR
CITY OF ISABEL
MAYOR
CITY OF SUN CITY
MAYOR
CITY OF SHARON
MAYOR