Section 469. Approval of attorney general and other state officials  


Latest version.
  • Prior
      to and as a condition precedent to its entry into force,
        1. An interlocal agreement or any amendment thereto shall be submitted
      to the attorney general, who shall determine whether  the  agreement  or
      amendment  is  in  proper  form  and compatible with the laws and public
      policy of this state. The attorney general shall approve the  interlocal
      agreement  or  amendment  unless he shall find that it does not meet the
      conditions and requirements set forth herein. He shall report in writing
      to the governing boards of the contracting public agencies the  specific
      respects  in which the proposed agreement or amendment fails to meet the
      conditions or requirements of law or of public policy.  The  failure  of
      the  attorney general to disapprove an interlocal agreement or amendment
      within  ninety  days  after  receipt  of  the  approvals   required   by
      subdivision  two  of this section, or within such longer period as shall
      be consented to by the contracting  public  agencies,  shall  constitute
      approval thereof.
        2.  In  the  event  that  an interlocal agreement or amendment thereto
      shall deal in whole or in part with the receiving, obtaining,  providing
      or  furnishing  of  services, facilities, personnel, equipment, or other
      property or resources, or the engaging in or performance of functions or
      activities with regard to which the attorney general shall certify  that
      a  department,  officer  or  agency  of this state has constitutional or
      statutory responsibilities, powers, functions or duties or acts as agent
      of the state in connection with any federal or interstate  program,  the
      agreement or amendment shall be submitted to such department, officer or
      agency,  and  shall  be  approved  or disapproved by it or him as to all
      matters within its or his jurisdiction. This approval shall  be  subject
      to  the  same  requirements governing the action of the attorney general
      under subdivision one of this section. This  requirement  of  submission
      and  approval  shall  be  in addition to and not in substitution for the
      requirement of submission to and approval by the attorney general.
        3. A legal opinion or opinions  must  be  submitted  to  the  attorney
      general,  in  such  form  as  shall  be  prescribed  or approved by him,
      concerning the authority of the contracting public agency or agencies of
      the other state or states to enter into the interlocal agreement or  any
      amendment thereto.
        4.  A  copy  of the interlocal agreement and of any amendment thereto,
      certified by the clerk or other appropriate  officer  of  the  governing
      board  of  the  contracting  public agency of this state, shall be filed
      with the county clerk of each of the counties of  this  state  in  which
      such  contracting  public agency is located; and another copy, similarly
      certified, shall be filed with the secretary of state of this state.