Printable Format12-2904. 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: (1) 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; and (2) agreements entered into regarding joint or cooperative action that are subject to the oversight and regulation of a Kansas regulatory agency, 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; L. 2017, ch. 38, § 2; July 1.
Cross References to Related Sections:
Conditions relating to the provisions of educational services by boards of education, see 72-8230.
Law Review and Bar Journal References:
"The Education for All Handicapped Children Act of 1975: In Need of an Advocate," Wayne R. Tate, 19 W.L.J. 312, 328 (1980).
Attorney General's Opinions:
Interlocal cooperation; agreement between county and watershed district for water project. 81-41.
County may not require sheriff to enforce city ordinances pursuant to interlocal agreement. 81-205.
Joint township recreation district established by interlocal agreement. 81-212.
Establishment of joint fund for future repair of building constructed under an interlocal cooperation project. 81-233.
Interlocal cooperation; use of school district moneys to construct a building for school district and city purposes. 82-90.
Donation of moneys by township to library district. 82-180.
Reapportionment of senatorial districts; census; interlocal cooperation. 83-33.
Cemeteries; establishment or acquisition in cities; interlocal agreements. 83-150.
Establishment of township funds; transfer of money between funds. 84-22.
Federal jurisdiction; federal property; investigation of alleged child abuse on Fort Leavenworth reservation. 85-14.
Classification and designation of roads in a noncounty road system. 85-172.
Interlocal cooperation; powers of watershed district. 87-85. (see 87-99.)
Interlocal cooperation agreements between school district. 89-43.
Interlocal agreement and filing of articles of incorporation and other instruments; exceptions. 90-3.
Maintenance of township road; agreement with county; termination, duties and liabilities; Kansas tort claims act. 90-113.
Absent a contract, a drainage district is not authorized to compel payment for sewer services provided to a municipality. 93-115.
Investment of public moneys by governmental subdivisions; use of interlocal cooperation agreements. 95-38.
County waste disposal; "tipping" fees; use of proceeds; delegation of authority to regional entity. 95-87.
An authority organized pursuant to K.S.A. 12-2901 et seq. is not a municipality. 97-42.
Interlocal cooperation agreements of unified school districts; voting authority of representatives of participating districts. 97-80.
CASE ANNOTATIONS
1. Professional negotiation is duty of cooperative organized hereunder; negotiability of items determined; duty of trial court to determine mandatory subjects. Tri-County Educators' Association v. Tri-County Special Education Cooperative, 225 Kan. 781, 594 P.2d 207.
2. Contract between city and county creating administrative unit to operate manpower programs; capacity to sue and be sued. Murphy v. City of Topeka, 6 Kan. App. 2d 488, 490, 630 P.2d 186 (1981).
3. No agreement hereunder relieves district of responsibility under K.S.A. 74-5210 et seq. except when new entity actually and timely performs obligation of K.S.A. 74-5210 et seq. Sells v. U.S.D. No. 429, 6 Kan. App. 2d 968, 970, 971, 637 P.2d 422 (1981). Reversed: Sells v. U.S.D. No. 429, 231 Kan. 247, 248, 249, 644 P.2d 379 (1982).
4. Interlocal special education cooperative not required to employ teachers whose contracts are nonrenewed by member school districts as a result of formation of the interlocal. NEA-Valley Center v. U.S.D. No. 262, 231 Kan. 353, 355, 357, 644 P.2d 381 (1982).
5. Interlocal agreement governing the operation of a fire district that allowed termination of the agreement and asset allocation was not void as against public policy. Delaware Twp. v. City of Lansing, Kan., 316 Kan. 86, 512 P.3d 1154 (2022).