12-2904.Interlocal agreements by public agencies;
specifications; approval
of attorney general, exceptions.
(a) Subject to the limitations of subsection (g), any power or powers,
privileges or authority exercised or capable of
exercise by a public agency of this state including but not limited to those
functions relating to economic development, public
improvements, public utilities, police protection, public security, public
safety and emergency preparedness, including but not limited to, intelligence,
antiterrorism and disaster
recovery, libraries, data
processing services, educational services, building and related
inspection services, flood control and storm water drainage, weather
modification, sewage disposal, refuse disposal, park and recreational
programs and facilities, ambulance service, fire protection, the
Kansas tort claims act or claims for civil rights violations, may be
exercised and enjoyed jointly with any other public agency of this state
or with any private agency, and jointly with any public agency of any
other state or of the United States to the extent that the laws of such
other state or of the United States permit such joint exercise or
enjoyment. Any agency of the state government when acting jointly with
any 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 more
public or private agencies for joint or cooperative action pursuant to
the provisions of this act. Appropriate action by ordinance, resolution
or otherwise pursuant to law of the governing bodies of the
participating public agencies shall be necessary before any such
agreement may enter into force.
(c) Any public agency may enter into agreements with Native American
Indian
tribes for joint or cooperative actions. Such agreements shall be considered to
be an interlocal agreement and shall be subject to the procedures and
limitations of the interlocal cooperation act.
The provisions of this subsection shall not be construed as authorizing a
public agency to enter into a gaming compact pursuant to the interlocal
cooperation act.
(d) Any such agreement shall specify the following:
(1) Its duration.
(2) The precise organization, composition and nature of any separate
legal or administrative entity created thereby together with the powers
delegated thereto.
(3) Its purpose or purposes.
(4) The manner of financing the joint or cooperative undertaking and
of establishing and maintaining a budget therefor.
(5) The permissible method or methods to be employed in
accomplishing the partial or complete termination of the agreement and
for disposing of property upon such partial or complete termination.
(6) Any other necessary and proper matters.
(e) In addition to the
requirements of subsection
(d), if the agreement does not establish a separate
legal entity to conduct the joint or cooperative undertaking, the
agreement also shall contain the following:
(1) Provision for an administrator or a joint board or one of the
participating public agencies to be responsible for administering the
joint or cooperative undertaking. In the case of a joint board public
agencies party to the agreement shall be represented.
(2) The manner of acquiring, holding and disposing of real and
personal property used in the joint or cooperative undertaking.
(f) No agreement made pursuant to this act shall relieve
any public
agency of any obligation or responsibility imposed upon it by law except
that to the extent of actual and timely performance thereof by a joint
board or other legal or administrative entity created by an agreement
made hereunder, such performance may be offered in satisfaction of the
obligation or responsibility.
(g) Every agreement made hereunder, except agreements
between two or more
public agencies establishing a council or other organization of local
governments
for the study of common problems of an area or region and for the promotion
of intergovernmental cooperation, prior to and as a
condition precedent to its entry into force, shall be submitted to the
attorney general who shall determine whether the agreement is in proper
form and compatible with the laws of this state. The attorney general shall
approve
any agreement submitted hereunder unless the attorney general shall find
that it does not meet the conditions set forth herein and shall detail
in writing addressed to the governing bodies of the public and private
agencies concerned the specific respects in which the proposed agreement
fails to meet the requirements of law. Failure to disapprove an
agreement submitted hereunder within 90 days of its submission
shall 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.
12-2904.Interlocal agreements by public agencies;
specifications; approval
of attorney general, exceptions.
(a) Subject to the limitations of subsection (g), any power or powers,
privileges or authority exercised or capable of
exercise by a public agency of this state including but not limited to those
functions relating to economic development, public
improvements, public utilities, police protection, public security, public
safety and emergency preparedness, including but not limited to, intelligence,
antiterrorism and disaster
recovery, libraries, data
processing services, educational services, building and related
inspection services, flood control and storm water drainage, weather
modification, sewage disposal, refuse disposal, park and recreational
programs and facilities, ambulance service, fire protection, the
Kansas tort claims act or claims for civil rights violations, may be
exercised and enjoyed jointly with any other public agency of this state
or with any private agency, and jointly with any public agency of any
other state or of the United States to the extent that the laws of such
other state or of the United States permit such joint exercise or
enjoyment. Any agency of the state government when acting jointly with
any 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 more
public or private agencies for joint or cooperative action pursuant to
the provisions of this act. Appropriate action by ordinance, resolution
or otherwise pursuant to law of the governing bodies of the
participating public agencies shall be necessary before any such
agreement may enter into force.
(c) Any public agency may enter into agreements with Native American
Indian
tribes for joint or cooperative actions. Such agreements shall be considered to
be an interlocal agreement and shall be subject to the procedures and
limitations of the interlocal cooperation act.
The provisions of this subsection shall not be construed as authorizing a
public agency to enter into a gaming compact pursuant to the interlocal
cooperation act.
(d) Any such agreement shall specify the following:
(1) Its duration.
(2) The precise organization, composition and nature of any separate
legal or administrative entity created thereby together with the powers
delegated thereto.
(3) Its purpose or purposes.
(4) The manner of financing the joint or cooperative undertaking and
of establishing and maintaining a budget therefor.
(5) The permissible method or methods to be employed in
accomplishing the partial or complete termination of the agreement and
for disposing of property upon such partial or complete termination.
(6) Any other necessary and proper matters.
(e) In addition to the
requirements of subsection
(d), if the agreement does not establish a separate
legal entity to conduct the joint or cooperative undertaking, the
agreement also shall contain the following:
(1) Provision for an administrator or a joint board or one of the
participating public agencies to be responsible for administering the
joint or cooperative undertaking. In the case of a joint board public
agencies party to the agreement shall be represented.
(2) The manner of acquiring, holding and disposing of real and
personal property used in the joint or cooperative undertaking.
(f) No agreement made pursuant to this act shall relieve
any public
agency of any obligation or responsibility imposed upon it by law except
that to the extent of actual and timely performance thereof by a joint
board or other legal or administrative entity created by an agreement
made hereunder, such performance may be offered in satisfaction of the
obligation or responsibility.
(g) Every agreement made hereunder, except agreements
between two or more
public agencies establishing a council or other organization of local
governments
for the study of common problems of an area or region and for the promotion
of intergovernmental cooperation, prior to and as a
condition precedent to its entry into force, shall be submitted to the
attorney general who shall determine whether the agreement is in proper
form and compatible with the laws of this state. The attorney general shall
approve
any agreement submitted hereunder unless the attorney general shall find
that it does not meet the conditions set forth herein and shall detail
in writing addressed to the governing bodies of the public and private
agencies concerned the specific respects in which the proposed agreement
fails to meet the requirements of law. Failure to disapprove an
agreement submitted hereunder within 90 days of its submission
shall 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.
12-2904.Interlocal agreements by public agencies;
specifications; approval
of attorney general, exceptions.
(a) Subject to the limitations of subsection (g), any power or powers,
privileges or authority exercised or capable of
exercise by a public agency of this state including but not limited to those
functions relating to economic development, public
improvements, public utilities, police protection, public security, public
safety and emergency preparedness, including but not limited to, intelligence,
antiterrorism and disaster
recovery, libraries, data
processing services, educational services, building and related
inspection services, flood control and storm water drainage, weather
modification, sewage disposal, refuse disposal, park and recreational
programs and facilities, ambulance service, fire protection, the
Kansas tort claims act or claims for civil rights violations, may be
exercised and enjoyed jointly with any other public agency of this state
or with any private agency, and jointly with any public agency of any
other state or of the United States to the extent that the laws of such
other state or of the United States permit such joint exercise or
enjoyment. Any agency of the state government when acting jointly with
any 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 more
public or private agencies for joint or cooperative action pursuant to
the provisions of this act. Appropriate action by ordinance, resolution
or otherwise pursuant to law of the governing bodies of the
participating public agencies shall be necessary before any such
agreement may enter into force.
(c) Any public agency may enter into agreements with Native American
Indian
tribes for joint or cooperative actions. Such agreements shall be considered to
be an interlocal agreement and shall be subject to the procedures and
limitations of the interlocal cooperation act.
The provisions of this subsection shall not be construed as authorizing a
public agency to enter into a gaming compact pursuant to the interlocal
cooperation act.
(d) Any such agreement shall specify the following:
(1) Its duration.
(2) The precise organization, composition and nature of any separate
legal or administrative entity created thereby together with the powers
delegated thereto.
(3) Its purpose or purposes.
(4) The manner of financing the joint or cooperative undertaking and
of establishing and maintaining a budget therefor.
(5) The permissible method or methods to be employed in
accomplishing the partial or complete termination of the agreement and
for disposing of property upon such partial or complete termination.
(6) Any other necessary and proper matters.
(e) In addition to the
requirements of subsection
(d), if the agreement does not establish a separate
legal entity to conduct the joint or cooperative undertaking, the
agreement also shall contain the following:
(1) Provision for an administrator or a joint board or one of the
participating public agencies to be responsible for administering the
joint or cooperative undertaking. In the case of a joint board public
agencies party to the agreement shall be represented.
(2) The manner of acquiring, holding and disposing of real and
personal property used in the joint or cooperative undertaking.
(f) No agreement made pursuant to this act shall relieve
any public
agency of any obligation or responsibility imposed upon it by law except
that to the extent of actual and timely performance thereof by a joint
board or other legal or administrative entity created by an agreement
made hereunder, such performance may be offered in satisfaction of the
obligation or responsibility.
(g) Every agreement made hereunder, except agreements
between two or more
public agencies establishing a council or other organization of local
governments
for the study of common problems of an area or region and for the promotion
of intergovernmental cooperation, prior to and as a
condition precedent to its entry into force, shall be submitted to the
attorney general who shall determine whether the agreement is in proper
form and compatible with the laws of this state. The attorney general shall
approve
any agreement submitted hereunder unless the attorney general shall find
that it does not meet the conditions set forth herein and shall detail
in writing addressed to the governing bodies of the public and private
agencies concerned the specific respects in which the proposed agreement
fails to meet the requirements of law. Failure to disapprove an
agreement submitted hereunder within 90 days of its submission
shall 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.