23-104.01. Agreements; conditions; limitations; powers.

229 words·~1 min read·/ne/chapter-23/23-104-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any agreement between counties for the joint exercise of powers shall:

(1)(a) Be in writing and signed by a majority of the board of supervisors or county commissioners of each county that is a party to the agreement; and

(b)After being signed pursuant to subdivision (1)(a) of this section, be filed and recorded in the office of the county clerk of each county that is a party to the agreement;

(2)Specify the powers and obligations of each party under the agreement. Such powers shall:

(a)Be limited to powers imposed by law upon a county that is a party to the agreement or its board of supervisors or county commissioners; and

(b)Not include powers specifically conferred upon and required to be carried out by other elected officers of a county that is a party to the agreement;

(3)Specify the allocation and payment of expenses to be paid by each county under the agreement;

(4)Provide for the following to be reserved to and remain a function of the board of supervisors or county commissioners of each county that is a party to the agreement:

(a)Final action upon the allowance and payment of any claims and obligations against each county; and

(b)The levy and collection of taxes to pay claims and obligations under the agreement; and

(5)Be subject to the Interlocal Cooperation Act.