12-887.   Resolution providing for creation; protest petition.Whenever the governing bodies of two (2) or more cities propose to createa municipal energy agency, a majority of the members of each such governingbody shall adopt a resolution providing for the creation of such a municipalenergy agency. Such resolution shall state the purpose for the creationof such agency, shall give the names of each city proposing to be a memberthereof, shall state that bonds and other indebtedness may be incurred bysuch agency to be paid from revenues of the agency and shall state thateach city becoming a member is authorized to enter into an agreement fora period not exceeding forty (40) years for the purchase of electricityor other energy from such agency. Such resolution shall be published inthe official city newspaper of each such city and shall be effective sixty(60) days after such publication, unless within such sixty (60) days thereis filed with the clerk of any such city a petition protesting the creationof such proposed municipal energy agency, signed by registered electorsof such city equal in number to not less than ten percent (10%) of thoseelectors of the city who voted at the last preceding city election. If suchpetition is filed, the governing body of such city shall submit such propositionto the electors of such city at a special election to be called and heldfor that purpose. Such election shall be held not more than sixty (60) daysafter the petition is filed. Notice of the election shall be published oncein the official city newspaper, with such publication to be not more thanten (10) nor less than five (5) days prior to the date of such election.Such special election may be held at the time of any general election whichoccurs not sooner than thirty (30) days nor later than sixty (60) days afterthe filing of the petition. If a majority of the electors of such city votingon the proposition shall vote in favor thereof, the resolution providingfor the creation of the municipal energy agency shall take effect.

      History:   L. 1977, ch. 48, § 3; July 1.