38-529. Same; agreement for joint action by county commissioners; resolution; specifications for agreement; approval by attorney general.
38-529
38-529. Same; agreement for joint action by county commissioners;resolution; specifications for agreement; approval by attorney general.Before the boards of county commissioners shall provide a detention homeor juvenile farm as authorized by K.S.A. 38-528, saidboards shall enter into an agreement for joint or co-operative actionpursuant to the provisions of this act. Appropriate action by resolutionby each of such boards of county commissioners shall be necessary beforeany such agreement may enter into force. Such agreement shall specifythe following:
(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. The attorney general shallapprove any agreement submitted to him hereunder unless he shall findthat it does not meet the conditions set forth herein and shall detailin writing addressed to the boards of county commissioners concerned thespecific respects in which the proposed agreement fails to meet therequirements of law. Failure of the attorney general to disapprove anagreement submitted hereunder within ninety (90) days of its submissionshall constitute approval thereof.
History: L. 1963, ch. 252, § 2; June 30.