Dairy Production

RESOLUTION NO. 02-16-99
RESOLUTION ALLOWING CORPORATE AND LIMITED
LIABILITY COMPANY DAIRY PRODUCTION FACILITIES IN
PRATT COUNTY, KANSAS

WHEREAS, K.S.A. 17-5904(a) states that no corporation, or limited liability company, may either directly or indirectly own, acquire or otherwise obtain or lease any agricultural land in Kansas for the purpose of operating a dairy production facility; and

WHEREAS, K.S.A. 17-5907(a)(1) provides a mechanism whereby counties on a county-wide basis in Kansas may add an exception to the prohibitions on the ownership of dairy production facilities by corporations or limited liability companies; and

WHEREAS, the Pratt Area Economic Development Corp. has requested that the County Commissioners adopt a resolution allowing for the ownership and operation of a dairy production facility by corporations or limited liability companies within Pratt County, Kansas, because doing so would promote and stimulate economic growth and development within the County; and

WHEREAS, the Board of County Commissioners believe it is in the best interests of Pratt County and its citizens that dairy production facilities be allowed to be owned in Pratt County, Kansas, by corporations and limited liability companies.

NOW, THEREFORE, BE IT RESOLVED that for purposes of this Resolution, the term "Dairy Production Facility" shall be defined as in K.S.A. 17-5903(v) as follows: 'Dairy Production Facility' means the land, structures and related equipment used for housing & breeding & raising & feeding or milking dairy cows. The term includes within its meaning only such agricultural land as is necessary for proper disposal of liquid and solid waste and for isolation of the facility to reasonably protect the confined cows from exposure to disease.

BE IT FURTHER RESOLVED that for the purpose of this Resolution, the term "agricultural land" shall be defined as in K.S.A. 17-5903(g) as follows: 'Agricultural land" means land suitable for use in farming.

BE IT FURTHER RESOLVED, that in accordance with K.S.A. 17-5907, corporations and limited liability companies are hereby permitted to own agricultural land located in Pratt County, Kansas, for use in conjunction with a dairy production facility.

BE IT FURTHER RESOLVED, that the County Clerk is directed and empowered to publish this Resolution once each week for two consecutive weeks in The Pratt Tribune and this Resolution shall take effect sixty (60) days after final publication, unless a valid petition in opposition to the same is filed in accordance with Kansas law.

IN WITNESS WHEREOF, the above and foregoing Resolution was unanimously adopted on this 16THdav of February, 1999.

BOARD OF COUNTY COMMISSIONERS,
PRATT COUNTY, KANSAS

________________________
Ramon Parker, Chairman

________________________
Lothair Dauner

________________________
Charles Rinke

ATTEST:

Alma Walker
Pratt County Clerk