§ 45-40.1-4 - Interlocal agreements.
SECTION 45-40.1-4
§ 45-40.1-4 Interlocal agreements. –(a) Any power or powers, privileges, or authority, exercised or capable ofexercise by a public agency of this state, may be exercised and enjoyed jointlywith any other public agency of any other state or of the United States, and tothe extent that laws of the other state or of the United States permit thejoint exercise or enjoyment. Any agency of the state government, when actingjointly with any public agency may exercise and enjoy all of the powers,privileges, and authority conferred by this chapter upon a public agency.
(b) Any two (2) or more public agencies may enter intoagreements with one another for joint or cooperative action pursuant to theprovisions of this chapter.
(2) Appropriate action by ordinance, resolution, orotherwise, pursuant to law of the governing bodies of the participating publicagencies, is necessary before any agreement may enter into force.
(c) Any agreement shall specify the following:
(1) Its duration.
(2) The precise organization, composition, and nature of anyseparate legal or administrative entity created by it, together with the powersdelegated to it, provided the entity may be legally created.
(3) Its purpose or purposes.
(4) The manner of financing the joint or cooperativeundertaking, and of establishing and maintaining a budget for it.
(5) The permissible method or methods to be employed inaccomplishing the partial or complete termination of the agreement and fordisposing of property upon partial or complete termination.
(6) Any other necessary and proper matters.
(d) In the event that the agreement does not establish aseparate legal entity to conduct the joint or cooperative undertaking, theagreement shall, pursuant to the requirements of subsections (c) (1)- (c) (6),contain provisions for:
(1) An administrator or a joint board responsible foradministering the joint or cooperative undertaking. In the case of a jointboard, all public agencies party to the agreement shall be represented.
(2) The manner of acquiring, holding, and disposing of realand personal property used in the joint or cooperative undertaking.
(e) No agreement made pursuant to this chapter relieves anypublic agency of any obligation or responsibility imposed upon it by law,except that with respect to the actual and timely performance of it by a jointboard or other legal or administrative entity created by an agreement madeunder this chapter, the performance may be offered in satisfaction of theobligation or responsibility.
(f) Every agreement made under this chapter shall, prior toand as a condition precedent to its entry into force, be submitted to theattorney general who shall determine whether the agreement is in proper formand in compliance with the laws of this state. The attorney general shallapprove any agreement submitted to him or her unless he or she finds that itdoes not meet the conditions established by this chapter, and shall state, inwriting, addressed to the governing bodies of the public agencies concerned,the specific respects in which the proposed agreement fails to meet therequirements of law. Failure of the attorney general to disapprove an agreementsubmitted under this chapter within fifteen (15) days of its submissionconstitutes approval of the agreement.