12-8,108.   Addition of new member cities, procedure; boards of publicutilities authorized to participate.(a) Any city may become a member of a municipal energy agency or withdrawas a member if membership or withdrawal is authorized by ordinance of thegoverning body of the city and consented to by resolution of the board ofdirectors of the agency. The governingbody of the city and the board of directors of theagency also shall approve by adoption of a resolution, and execute,an amendment to the agreement creating the agency, adding the member cityto the agreement or withdrawing the member city. Any other amendment tothe agreement creating the agency shall be governed by the provisions ofK.S.A. 12-889, and amendments thereto. Any ordinance or resolutionadopted and effective prior tothe effective date of this act which relates to membership or withdrawal,as provided herein, shall remain in full force and effect and shall constitutean ordinance or resolution required by this act unless specifically repealedprior to the execution by the city of the amendment to the agreement. Theamendment shall be submitted to and approved by the attorney general inthe manner provided in subsection (b) of K.S.A. 12-888, and amendments thereto.

      (b)   When a municipal electric generating system in any city is owned oroperated by a board of public utilities, the board of public utilities mayparticipate in the creation and become a member of a municipal energy agencyunder the provisions of this act. In any such case,the board of public utilities shall act for and on behalf of the governingbody of the city for which it operates and all appointments, participationand other acts which would otherwise be made by the mayor of the city shallbe made by the chairperson or president of the board of public utilities.

      History:   L. 1977, ch. 48, § 24; L. 1982, ch. 70, § 1;L. 1988, ch. 74, § 6; July 1.