19-3547.   Joint exercise of powers by certain public agencies; agreementsamong agencies, contents; submission toattorney general; filing of agreement.(a) Any powers, privileges or authority of a public agency of this staterelating to public water supplies may be exercised jointly with anyother public agency. Anyagency of the state government when acting jointly with any public orprivate agency may exercise all of the powers, privileges and authorityconferred by this act upon a public agency.

      (b)   Any public agency may enter into agreements with one or moreother public agencies for the purpose of organizing a public wholesalewater supply district. Appropriate action by ordinance, resolution orotherwise pursuant to law of the governing bodies of the participatingpublic agencies shall be necessary before any such agreement may enterinto force.

      (c)   Any such agreement shall specify the following:

      (1)   The duration;

      (2)   the precise organization, composition and nature of the districtcreated thereby together with the powers delegated thereto;

      (3)   the purpose or purposes;

      (4)   the manner of financing the district and of establishing andmaintaining a budget therefor;

      (5)   the permissible methods for partial or complete termination ofthe agreement and for disposing of property upon such partial orcomplete termination;

      (6)   the manner of acquiring, holding and disposing of real andpersonal property of the district;

      (7)   any other necessary and proper matters.

      (d)   Any such agreement may be amended to include additional publicagencies by consent of 2/3 of the signatories to theagreement, if no terms of agreement are changed, otherwise a newagreement with the new public agency shall be drawn.

      (e)   Prior to taking effect, every agreement made hereunder shall besubmitted to the attorney general who shall determine whether theagreement is in proper form and compatible with the laws of this state.The attorney general shall approve any agreement submitted hereunderunless the attorney general finds that it does not meet theconditions set forth herein and shall detail in writing addressed to thegoverning bodies of the public agencies concerned the specific respectsin which the proposed agreement fails to meet the requirements of law.Failure to disapprove an agreement submitted hereunder within 90 days of itssubmission shall constitute approval thereof.

      (f)   Prior to taking effect, an agreement made hereunder shall befiled with the register of deeds of the county or counties wherein thedistrict is to be located and such agreement also shall be filedwith the secretary of state, accompanied by a certificate from the registerof deeds of each county where filed, stating that such agreement has beenfiled in such county.

      History:   L. 1977, ch. 353, § 3; L. 1978, ch. 103, § 1;L. 1996, ch. 17, § 2; July 1.