12-888.   Agreement creating; requirements, procedure.(a) Any city in which the resolution of the governing body thereof providingfor the creation of a municipal energy agency has become effective may becomea member of such municipal energy agency, with all the rights, powers andduties pertaining thereto, by executing an agreement creating the municipalenergy agency. Such agreement shall be approved by resolution of a majorityof the members of the governing body of each such city and shall be executedby the mayor of each such city. The agreement shall include the following:

      (1)   The name of the agency, which shall include the words "municipal energy agency";

      (2)   the duration of the agency, which may be perpetual;

      (3)   the name of each city proposing to be a member of the agency;

      (4)   the address of the agency's registered office and the name of theresident agent in charge of such office, except that where the city clerkof a member city is to be the resident agent the name of such city clerkneed not be specified in the agreement;

      (5)   the manner in which bylaws of the agency may be adopted;

      (6)   the number of directors to serve on the board of directors and themethod of selecting such directors, consistent with the provisions of K.S.A. 12-891;

      (7)   a statement that the cities which are members of the municipal energyagency are not liable for the obligations of the agency;

      (8)   any limitation or restriction on the power of the agency not specifiedin this act; and

      (9)   any other provision relating to the organization or operation of theagency which the parties deem appropriate and which is not inconsistentwith this act or the laws of this state.

      (b)   No agreement made pursuant to this section shall take effect untilsubmitted to and approved by the attorney general. Such agreement shallbe approved unless the attorney general finds that it does not meet therequirements set forth in this act or other laws of this state, in whichevent the attorney general shall give written notice to the governing bodyof each of the proposed member cities, detailing the specific respects inwhich the proposed agreement fails to meet the requirements of law. Failureto disapprove an agreement submitted hereunder within sixty (60) days ofits submission shall constitute approval thereof.

      (c)   Before a municipal energy agency commences business, the agreement,as approved by the attorney general, shall be filed with the secretary of state and the state corporationcommission. A copy thereof, certified by the secretary of state, shallbe filed in the office of the registerof deeds of each county in which any member city is located. Upon filingof such certified copy of the agreement with the register of deeds of eachsuch county, the municipal energy agency so created shall thereupon be aquasi-municipal corporation.

      History:   L. 1977, ch. 48, § 4; July 1.