Missouri Revised Statutes













Chapter 70

Powers of Political Subdivisions to Cooperate or Contract with Governmental Units

←70.325

Section 70.327.1

70.330→

August 28, 2015

Kansas-Missouri flood prevention and control compact.

70.327. The state of Missouri hereby agrees with the state of Kansas,

upon enactment by the state of Kansas of legislation having the same effect

as this section, to the following compact: KANSAS-MISSOURI FLOOD PREVENTION AND

CONTROL COMPACT ARTICLE I. SHORT TITLE



1.1. This compact shall be known and may be cited as the Kansas-Missouri

Flood Prevention and Control Compact. ARTICLE II. PURPOSES



2.1. It is recognized that destructive floods occur in certain rivers

which affect disastrously both of the party states by upsetting orderly

processes, causing loss of life and property, the erosion of lands, impairing

and obstructing farming and commercial operations, navigation, highways and

railroads, and constitute a common menace to the states. The prevention and

control of floods in these areas are public purposes of the party states. A

single agency is essential for effective and economical direction, supervision

and coordination of examination of needs and planning for flood prevention

and control in these common areas. For these purposes the party states do

hereby establish the Kansas-Missouri Flood Prevention and Control Commission.

The commission shall have jurisdiction hereunder with respect to flood

prevention and control in the district comprising the following counties of

Kansas and Missouri: Johnson, Wyandotte and Atchison counties in Kansas;

Jackson, Clay, Platte, and Buchanan counties in Missouri. ARTICLE III.

ORGANIZATION OF COMMISSION



3.1. The commission shall be an interstate body, both corporate and

politic serving as a common agency of the party states and representing them

both collectively and individually in the exercise of its powers and duties.



3.2. The commission shall be composed of eleven members, one commissioner

representing the appropriate federal agency having jurisdiction of flood

prevention and control measures in the area, five commissioners from Kansas

and five from Missouri, each of whom shall be a resident of such state, and

at least three commissioners from each state shall be residents of the region

subject to the jurisdiction of the commission hereunder. The commissioners

from each state shall be qualified, chosen and appointed by each state in the

manner provided by the laws of the respective states. The federal

representative shall be appointed by the officer or officers having power to

appoint him to the federal office he then holds. The representative of the

federal government shall not be entitled to vote on any action of the

commission but may attend and otherwise participate in commission meetings

and may make recommendations to the commission. Each member shall hold office

at the pleasure of the appointing authority. The commission shall elect a

chairman from among its members.



3.3. The commission's functions shall be performed and carried out by its

members, advisory committees and panels representative of citizens and

political subdivisions and other governmental agencies in the compact region

as may be established by the commission, and by such officers, agents and

employees as may be appointed by the commission, subject to its direction and

control. All such officers, agents and employees shall hold office at the

pleasure of the commission, which shall prescribe their powers, duties and

qualifications and fix their compensation and other terms of their employment.



3.4. A quorum of the commission for the purpose of transacting business

at any commission meeting shall exist only when there are present, in person,

at least three members from each of the party states. No action of the

commission shall be effective or binding unless a majority of each party

state's representatives who are present at the commission meeting shall vote

in favor thereof. Certified copies of the minutes of each commission meeting

shall be sent to each of the governors of the party states within ten days of

the meeting. The vote of any one or more of the representatives from each

party state may be vetoed and cancelled by the governor of such state within

ten days, Saturdays, Sundays and legal holidays of the particular state

excepted, after receipt by the governor of the certified copy of the minutes

of the meeting at which such vote was cast, the intent being to empower the

governor of each party state to nullify the commission's action upon which

such vote had been taken.



3.5. The members of the commission shall receive no compensation for

their services pursuant to this compact but they shall be entitled to be paid

the expenses actually and necessarily incurred by them in the performance of

their duties.



3.6. No member of the commission who is otherwise a public officer or

employee shall suffer a forfeiture of his office or employment, or any loss

or diminution in the rights and privileges appertaining thereto, by reason of

such membership. ARTICLE IV. POWERS AND DUTIES OF THE COMMISSION



4.1. The function of the commission shall be to act as an official

comprehensive study and planning agency of the party states for the compact

region. It shall conduct surveys, make studies, submit recommendations and

prepare plans designed to aid in solving immediate and long-range joint

problems of flood prevention and control, including but not limited to, soil

and water erosion control and abatement, the building of sanitary and storm

sewers in watersheds extending into the territorial limits of both the

states, the constructing of levees along the banks of, or shortening or

diverting or otherwise improving any natural watercourse to prevent its

overflow where the same overflow is likely to cause damage to lands situated

within the territorial limits of the party states, and may receive aid from,

contract and cooperate with the United States, and with public and private

corporations and with individuals owning or exercising jurisdiction over

lands which are subject to injury by such overflow, or which may require such

sewers.



4.2. The commission shall also act as a liaison to encourage coordination

among and between all agencies and entities, governmental and private,

charged with or having a substantial interest in the planning or providing of

flood prevention and control measures within any part of the compact region.

In furtherance of this function, the commission shall, through advisory

committees or panels, provide for the representation and participation of

officials of political subdivisions and other governmental agencies in the

compact region in the development of policies, plans and programs and shall

report to the party states on the regional implications of any development

plans or programs proposed by any such agency or entity.



4.3. The commission shall have power to apply for and to receive and

accept grants of property, money and services and other assistance offered or

made available to it by any person, government, or agency whatever, which it

may use to meet necessary expenses and for any other use within the scope of

its functions, and to negotiate for the same upon such terms and conditions

as may be necessary or advisable.



4.4. The commission shall have power to hire, lease, acquire and dispose

of property to the extent necessary to carry out its functions, powers and

duties as the same may be constituted from time to time.



4.5. Without diminution of its general power to contract, the commission

shall have power to contract with any government or agency whatever,

including the respective departments of the party states, for the performance

of services by the commission which relate to its functions, powers and

duties, and to accept compensation or reimbursement therefor.



4.6. The commission shall have power to expend, or to authorize the

expenditure of, funds appropriated to it or for its purposes by the party

states, but such expenditures shall at all times be within the terms of an

annual budget to be adopted by the commission, by resolution, in advance of

each fiscal period of the commission, which budget may be amended or modified

from time to time. Each of the party states reserves the right to require

such audit or audits as such state may from time to time consider proper.



4.7. To avoid duplication of effort and in the interests of economy, the

commission shall make use of existing studies, surveys, plans, data and other

materials in the possession of the governmental agencies of the party states

and their respective political subdivisions. Each such agency is hereby

authorized to make such materials available to the commission and otherwise to

assist it in the performance of its functions. At the request of the

commission, each such agency which is engaged in flood prevention and control

planning is further authorized to provide the commission with information

regarding its plans and programs affecting the compact region so that the

commission may have available to it current information with respect thereto.

The officers and personnel of such agencies, and of any other government or

agency whatever, may serve at the request of the commission upon such

advisory committees and panels as the commission shall determine to create;

and such officers and personnel may serve upon such committees and panels

without forfeiture of office or employment and with no loss or diminution in

the status, rights and privileges which they otherwise enjoy. ARTICLE V.

COMMISSION FINANCES AND REPORTS



5.1. Subject to the availability of funds appropriated pursuant to the

applicable laws of the respective party states, the cost and expense of

supporting, administering and operating the activities of the commission,

less any federal aid or other contributions received therefor, shall be

apportioned equally among the party states and shall be paid out of

appropriations made available by such party states.



5.2. The commission may accept advances from one or more of the party

states or from the federal government; but it may not otherwise borrow money

nor may it issue notes or bonds. It shall not incur any obligation in excess

of the amounts appropriated or otherwise available to it or for its purposes

and each of its expenditures shall be within the terms of the annual budget

hereinbefore mentioned.



5.3. The commission is declared to be an instrumentality of the party

states exercising a governmental function. It shall enjoy the sovereign

immunity of the party states nor shall it have the power to pledge the credit

of the party states or any of them, or to impose any liability upon them, or

any one of them, directly or indirectly, either by tort, contract or

otherwise.



5.4. The commission shall report annually to the governors and

legislatures of the party states with respect to its operations and finances

and shall provide such financial reports as shall be required from time to

time under the laws of the party states. ARTICLE VI. GENERAL PROVISIONS



6.1. For the purpose of this compact, unless the context plainly requires

a different meaning:



(1) "Commission" means the Kansas-Missouri flood prevention and control

commission created and established by this compact;



(2) "Compact region" means the geographical area described as follows:

the counties of Johnson, Wyandotte and Atchison in Kansas, Jackson, Clay,

Platte and Buchanan in Missouri;



(3) "Concurrent legislation" means a statute enacted by one of the party

states which is concurred in by the other party states in the form of

enactments having like effect; and



(4) "Party states" means the states of Kansas and Missouri. The area may

be enlarged or reduced by concurrent legislation hereafter enacted.



6.2. This compact shall be construed liberally to effectuate its

purposes. Nothing herein shall be deemed in any way to limit or restrict the

power of one or more of the party states, by law or otherwise, to deal

independently with respect to any matter within the scope of this compact.



6.3. The commission shall continue in existence until revoked by one or

more of the party states.



6.4. Amendments and supplements to this compact to implement the purposes

thereof may be adopted by concurrent legislation of the party states.



6.5. If any part or provision of this compact or the application thereof

to any person or circumstance be adjudged invalid by any court of competent

jurisdiction, such judgment shall be confined in its operation to the part,

provision, or application directly involved in the controversy in which such

judgment shall have been rendered and shall not affect or impair the validity

of the remainder of this compact or the application thereof to other persons

or circumstances, and the party states hereby declare that they would have

entered into this compact or the remainder thereof had the invalidity of such

provision or application thereof been apparent.



(L. 1985 S.B. 26 § 1)







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