Article 35.--WATER SUPPLY AND DISTRIBUTION DISTRICTS
19-3547.Joint exercise of powers by certain public agencies; agreements
among agencies, contents; submission to
attorney general; filing of agreement.
(a) Any powers, privileges or authority of a public agency of this state
relating to public water supplies may be exercised jointly with any
other public agency. Any
agency of the state government when acting jointly with any public or
private agency may exercise 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
other public agencies for the purpose of organizing a public wholesale
water supply district. 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 such agreement shall specify the following:
(1) The duration;
(2) the precise organization, composition and nature of the district
created thereby together with the powers delegated thereto;
(3) the purpose or purposes;
(4) the manner of financing the district and of establishing and
maintaining a budget therefor;
(5) the permissible methods for partial or complete termination of
the agreement and for disposing of property upon such partial or
complete termination;
(6) the manner of acquiring, holding and disposing of real and
personal property of the district;
(7) any other necessary and proper matters.
(d) Any such agreement may be amended to include additional public
agencies by consent of 2/3 of the signatories to the
agreement, if no terms of agreement are changed, otherwise a new
agreement with the new public agency shall be drawn.
(e) Prior to taking effect, every agreement made hereunder 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 finds that it does not meet the
conditions set forth herein and shall detail in writing addressed to the
governing bodies of the public 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.
(f) Prior to taking effect, an agreement made hereunder shall be
filed with the register of deeds of the county or counties wherein the
district is to be located and such agreement also shall be filed
with the secretary of state, accompanied by a certificate from the register
of deeds of each county where filed, stating that such agreement has been
filed in such county.
History: L. 1977, ch. 353, § 3; L. 1978, ch. 103, § 1;
L. 1996, ch. 17, § 2; July 1.
Article 35.--WATER SUPPLY AND DISTRIBUTION DISTRICTS
19-3547.Joint exercise of powers by certain public agencies; agreements
among agencies, contents; submission to
attorney general; filing of agreement.
(a) Any powers, privileges or authority of a public agency of this state
relating to public water supplies may be exercised jointly with any
other public agency. Any
agency of the state government when acting jointly with any public or
private agency may exercise 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
other public agencies for the purpose of organizing a public wholesale
water supply district. 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 such agreement shall specify the following:
(1) The duration;
(2) the precise organization, composition and nature of the district
created thereby together with the powers delegated thereto;
(3) the purpose or purposes;
(4) the manner of financing the district and of establishing and
maintaining a budget therefor;
(5) the permissible methods for partial or complete termination of
the agreement and for disposing of property upon such partial or
complete termination;
(6) the manner of acquiring, holding and disposing of real and
personal property of the district;
(7) any other necessary and proper matters.
(d) Any such agreement may be amended to include additional public
agencies by consent of 2/3 of the signatories to the
agreement, if no terms of agreement are changed, otherwise a new
agreement with the new public agency shall be drawn.
(e) Prior to taking effect, every agreement made hereunder 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 finds that it does not meet the
conditions set forth herein and shall detail in writing addressed to the
governing bodies of the public 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.
(f) Prior to taking effect, an agreement made hereunder shall be
filed with the register of deeds of the county or counties wherein the
district is to be located and such agreement also shall be filed
with the secretary of state, accompanied by a certificate from the register
of deeds of each county where filed, stating that such agreement has been
filed in such county.
History: L. 1977, ch. 353, § 3; L. 1978, ch. 103, § 1;
L. 1996, ch. 17, § 2; July 1.
Article 35.--WATER SUPPLY AND DISTRIBUTION DISTRICTS
19-3547.Joint exercise of powers by certain public agencies; agreements
among agencies, contents; submission to
attorney general; filing of agreement.
(a) Any powers, privileges or authority of a public agency of this state
relating to public water supplies may be exercised jointly with any
other public agency. Any
agency of the state government when acting jointly with any public or
private agency may exercise 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
other public agencies for the purpose of organizing a public wholesale
water supply district. 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 such agreement shall specify the following:
(1) The duration;
(2) the precise organization, composition and nature of the district
created thereby together with the powers delegated thereto;
(3) the purpose or purposes;
(4) the manner of financing the district and of establishing and
maintaining a budget therefor;
(5) the permissible methods for partial or complete termination of
the agreement and for disposing of property upon such partial or
complete termination;
(6) the manner of acquiring, holding and disposing of real and
personal property of the district;
(7) any other necessary and proper matters.
(d) Any such agreement may be amended to include additional public
agencies by consent of 2/3 of the signatories to the
agreement, if no terms of agreement are changed, otherwise a new
agreement with the new public agency shall be drawn.
(e) Prior to taking effect, every agreement made hereunder 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 finds that it does not meet the
conditions set forth herein and shall detail in writing addressed to the
governing bodies of the public 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.
(f) Prior to taking effect, an agreement made hereunder shall be
filed with the register of deeds of the county or counties wherein the
district is to be located and such agreement also shall be filed
with the secretary of state, accompanied by a certificate from the register
of deeds of each county where filed, stating that such agreement has been
filed in such county.
History: L. 1977, ch. 353, § 3; L. 1978, ch. 103, § 1;
L. 1996, ch. 17, § 2; July 1.