TITLE 16 - CITY, COUNTY, STATE AND LOCAL POWERS …

1 TITLE 16 - CITY, COUNTY, STATE AND LOCAL POWERS . CHAPTER 1 - intergovernmental cooperation . ARTICLE 1 - IN GENERAL. 16-1-101. Authority to cooperate. In exercising, performing or carrying out any power, privilege, authority, duty or function legally vested in any one (1) or more of them by Wyoming law, the STATE of Wyoming, and any one (1) or more of its counties, municipal corporations, school districts, special districts, public institutions, agencies, boards, commissions and political subdivisions, and any officer or legal representative of any one (1) or more of them, may cooperate with and assist each other, and like entities or authorities of other states, the United States and the Eastern Shoshone and Northern Arapaho Tribes of the Wind River Reservation.

2 cooperation may be informal or subject to resolution, ordinance or other appropriate action, and may be embodied in a written agreement specifying purposes, duration, means of financing, methods of operations, termination, acquisition and disposition of property, employment of executive and subordinate agents, reciprocation of governmental immunity protections or other limitations of liability pursuant to 16-1-104(f) and other appropriate provisions. 16-1-102. Short TITLE . This act shall be known and may be cited as the "Wyoming Joint POWERS Act". 16-1-103. Definitions. (a) As used in this act: (i) "Agencies" means Wyoming counties, municipal corporations, school districts, community college districts, the joint business council of the Eastern Shoshone and Northern Arapaho Indian tribes, the business council of the Eastern Shoshone Indian tribe, the business council of the Northern Arapaho Indian tribe, joint POWERS boards formed pursuant to this act or special districts specifically involved in providing facilities or functions enumerated in 16-1-104(c).

3 (ii) "This act" means 16-1-102 through 16-1-110. 16-1-104. Joint POWERS , functions and facilities;. city-county airport board; eligible senior citizen centers;. cooperative public transportation programs. (a) Any power, privilege or authority exercised or capable of being exercised by an agency may be exercised and enjoyed jointly with any other agency having a similar power, privilege or authority. No cost shall be incurred, debt accrued, nor money expended by any contracting party, which will be in excess of limits prescribed by law. If the joint business council of the Eastern Shoshone and Northern Arapaho Indian tribes, the business council of the Eastern Shoshone Indian tribe or the business council of the Northern Arapaho Indian tribe participates in a joint POWERS board under this act with political subdivisions and special districts of Wyoming, the POWERS of the joint business council, the POWERS of the business council of the Eastern Shoshone Indian tribe, the POWERS of the business council of the Northern Arapaho Indian tribe, Wyoming political subdivisions and Wyoming special districts are neither increased or decreased by that participation.

4 Rather the participation of the joint business council, the business council of the Eastern Shoshone Indian tribe or the business council of the Northern Arapaho Indian tribe is intended to facilitate implementation of programs and projects designed to more effectively benefit Wyoming's citizens. (b) A county may enter into and operate under a joint POWERS agreement with one (1) or more counties, cities, school districts or community college districts for the performance of any function that the county, city, school district or community college district is authorized to perform, except the planning, expansion, creation, financing or operation of municipally owned electrical facilities. (c) Specifically, without limiting but subject to the provisions of subsection (a) of this section, two (2) or more agencies may jointly plan, own, lease, assign, sell, create, expand, finance and operate: (i) Water including surface water drainage, sewerage, water and soil conservation or solid waste facilities.

5 (ii) Recreational facilities;. (iii) Police protection agency facilities;. (iv) Fire protection agency facilities;. (v) Transportation systems facilities, including airports;. (vi) Public school facilities;. (vii) Community college facilities;. (viii) Hospital and related medical facilities;. (ix) Courthouse and jail or administrative office facilities;. (x) Public health facilities;. (xi) Electrical systems owned by municipalities prior to March 1, 1975;. (xii) Rights-of-way for electric transmission systems, oil and natural gas pipelines, telecommunications and utilities. Any right-of-way acquired under the provisions of this subsection shall follow an existing utility corridor whenever practical. (d) Any city-county airport board heretofore organized and operating pursuant to 10-5-101 through 10-5-204 shall be deemed a joint POWERS board, and shall not be required to reorganize as provided for by 16-1-106(a) but is subject to all other provisions of this act.

6 (e) A governing body of an eligible senior citizen center may enter into a joint POWERS agreement under this act in order to participate in the LOCAL government self-insurance program as provided in 1-42-201 through 1-42-206. An eligible senior citizen center which enters into a joint POWERS agreement pursuant to this subsection shall be bound by all provisions of the agreement, but shall not be entitled to participate as a member of the joint POWERS board. (f) An agency may enter into an agreement with any governmental entity of another STATE , as defined in 1-39-103(a)(viii), for purposes of operating a cooperative public transportation program to transport passengers on one (1). or more routes beginning in, ending in or passing through Wyoming.

7 Any agreement entered into under this subsection shall only apply to the operation of a cooperative public transportation program and shall be conditioned upon the other STATE extending or agreeing to extend its governmental immunity or other limitations of liability to any governmental entity of Wyoming while operating a cooperative public transportation program. As used in this subsection, "cooperative public transportation program" means a not-for-profit program designed to transport passengers to and from work or to another location on a regularly scheduled basis using vehicles operated by an agency or a governmental entity of another STATE . 16-1-105. Joint agreements. (a) Any two (2) or more agencies may enter into agreements with each other for joint or cooperative action pursuant to this act.

8 No agreement hereunder nor amendment thereto is effective until: (i) The governing body of each participating agency has approved the agreement or amendment;. (ii) The agreement or amendment is submitted to and approved by the Wyoming attorney general who shall determine whether the agreement or amendment is compatible with the laws and constitution of Wyoming; and (iii) The agreement or amendment is filed with the keeper of records of each participating agency. (b) Agreements shall provide: (i) The duration of the agreement;. (ii) The organization, composition and nature of any separate legal entity created and the POWERS delegated to the entity;. (iii) The purpose of the agreement;. (iv) The percent ownership of any facility by each participating agency, unless the facility is to be owned by a joint POWERS board, in which case the agreement shall indicate the interest of each participating agency in the services or product of the joint POWERS board or the method by which the interest may be determined.

9 (v) The joint operation and maintenance of any facility unless delegated to an entity pursuant to paragraph (ii) of this subsection;. (vi) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor;. (vii) The partial or complete termination of the agreement, dissolution of any entity provided therein, and distribution of any facilities, improvements or other property upon partial or complete termination of the agreement;. (viii) Any other necessary and proper matters. (c) If the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, the agreement may provide for an administrator or administrative board responsible for administering the joint or cooperative undertaking and representation of participating agencies on any administrative board.

10 16-1-106. Joint POWERS boards; fiscal manager. (a) An agreement pursuant to this act may create a joint POWERS board to conduct a joint or cooperative undertaking. A. joint POWERS board shall consist of not fewer than five (5). members, all of whom shall be qualified electors of the counties in which the board operates. Members of a joint POWERS board shall be appointed by the governing bodies of the participating agencies in any proportion or number the bodies feel would adequately reflect their interest. The initial appointments shall be by mutual agreement with staggered terms of one (1), two (2) and three (3) years and are subject to reappointment. Thereafter, appointments for a full term shall be for three (3). year staggered terms.