38-542. Agreements for establishment; contents; conditions.
38-542
38-542. Agreements for establishment; contents; conditions.Before the boards of county commissioners shall provide a youth camp orhome as authorized by K.S.A. 38-541, said boards shallenter into an agreement for joint or co-operative action pursuant to theprovisions of this act. Appropriate action by resolution by each of suchboards of county commissioners shall be necessary before any suchagreement may enter into force. Such agreement shall specify thefollowing:
(a) Its duration.
(b) The precise organization, composition and nature of any separatelegal or administrative entity created thereby together with the powersdelegated thereto.
(c) Its purpose or purposes.
(d) The manner of financing the joint undertaking and ofestablishing and maintaining a budget therefor.
(e) The permissible method or methods to be employed inaccomplishing the partial or complete termination of the agreement andfor disposing of property upon such partial or complete termination.
(f) Any other necessary and proper matters.
In the event that the agreement does not establish a separate legalentity to conduct the joint undertaking, the agreement shall, inaddition to items (a), (c), (d), (e) and (f) listed above, contain thefollowing: (1) Provision for an administrator or a joint boardresponsible for administering the joint undertaking; and in the case ofa joint board, each county party to the agreement shall be represented;and (2) the manner of acquiring, holding and disposing of real andpersonal property used in the joint undertaking.
Every agreement made hereunder shall, prior to and as a conditionprecedent to its entry into force, be submitted to the attorney generalwho shall determine whether the agreement is in proper form andcompatible with the laws of this state. Failure of the attorney generalto disapprove an agreement submitted hereunder within ninety (90) daysof its submission shall constitute approval thereof.
History: L. 1970, ch. 163, § 2; July 1.