12-2904.   Interlocal agreements by public agencies;specifications; approvalof attorney general, exceptions.(a) Subject to the limitations of subsection (g), any power or powers,privileges or authority exercised or capable ofexercise by a public agency of this state including but not limited to thosefunctions relating to economic development, publicimprovements, public utilities, police protection, public security, publicsafety and emergency preparedness, including but not limited to, intelligence,antiterrorism and disasterrecovery, libraries, dataprocessing services, educational services, building and relatedinspection services, flood control and storm water drainage, weathermodification, sewage disposal, refuse disposal, park and recreationalprograms and facilities, ambulance service, fire protection, theKansas tort claims act or claims for civil rights violations, may beexercised and enjoyed jointly with any other public agency of this stateor with any private agency, and jointly with any public agency of anyother state or of the United States to the extent that the laws of suchother state or of the United States permit such joint exercise orenjoyment. Any agency of the state government when acting jointly withany public or private agency may exercise and enjoy all of the powers,privileges and authority conferred by this act upon a public agency.

      (b)   Any public agency may enter into agreements with one or morepublic or private agencies for joint or cooperative action pursuant tothe provisions of this act. Appropriate action by ordinance, resolutionor otherwise pursuant to law of the governing bodies of theparticipating public agencies shall be necessary before any suchagreement may enter into force.

      (c)   Any public agency may enter into agreements with Native AmericanIndiantribes for joint or cooperative actions. Such agreements shall be considered tobe an interlocal agreement and shall be subject to the procedures andlimitations of the interlocal cooperation act.

      The provisions of this subsection shall not be construed as authorizing apublic agency to enter into a gaming compact pursuant to the interlocalcooperation act.

      (d)   Any such agreement shall specify the following:

      (1)   Its duration.

      (2)   The precise organization, composition and nature of any separatelegal or administrative entity created thereby together with the powersdelegated thereto.

      (3)   Its purpose or purposes.

      (4)   The manner of financing the joint or cooperative undertaking andof establishing and maintaining a budget therefor.

      (5)   The permissible method or methods to be employed inaccomplishing the partial or complete termination of the agreement andfor disposing of property upon such partial or complete termination.

      (6)   Any other necessary and proper matters.

      (e)   In addition to therequirements of subsection(d), if the agreement does not establish a separatelegal entity to conduct the joint or cooperative undertaking, theagreement also shall contain the following:

      (1)   Provision for an administrator or a joint board or one of theparticipating public agencies to be responsible for administering thejoint or cooperative undertaking. In the case of a joint board publicagencies party to the agreement shall be represented.

      (2)   The manner of acquiring, holding and disposing of real andpersonal property used in the joint or cooperative undertaking.

      (f)   No agreement made pursuant to this act shall relieveany publicagency of any obligation or responsibility imposed upon it by law exceptthat to the extent of actual and timely performance thereof by a jointboard or other legal or administrative entity created by an agreementmade hereunder, such performance may be offered in satisfaction of theobligation or responsibility.

      (g)   Every agreement made hereunder, except agreementsbetween two or morepublic agencies establishing a council or other organization of localgovernmentsfor the study of common problems of an area or region and for the promotionof intergovernmental cooperation, prior to and as acondition precedent to its entry into force, shall be submitted to theattorney general who shall determine whether the agreement is in properform and compatible with the laws of this state. The attorney general shallapproveany agreement submitted hereunder unless the attorney general shall findthat it does not meet the conditions set forth herein and shall detailin writing addressed to the governing bodies of the public and privateagencies concerned the specific respects in which the proposed agreementfails to meet the requirements of law. Failure to disapprove anagreement submitted hereunder within 90 days of its submissionshall constitute approval thereof.

      History:   L. 1957, ch. 100, § 4; L. 1968, ch. 221, § 2; L.1972, ch. 48, § 1; L. 1975, ch. 74, § 1; L. 1975, ch. 75, § 1;L. 1979, ch. 55, § 1; L. 1979, ch. 56, § 1;L. 1986, ch. 83, § 1;L. 2002, ch. 126, § 2;L. 2004, ch. 148, § 1; July 1.