§ 4345b. Intermunicipal service agreements
(a)(1) Prior to exercising the authority granted under this section, a regional planning
commission shall:
(A) draft bylaws specifying the process for entering into, method of withdrawal from,
and method of terminating service agreements with municipalities; and
(B) hold one or more public hearings within the region to hear from interested parties
and citizens regarding the draft bylaws.
(2) At least 30 days prior to any hearing required under this subsection, notice of the
time and place and a copy of the draft bylaws, with a request for comments, shall
be delivered to the chair of the legislative body of each municipality within the
region, which may be done electronically, provided the sender has proof of receipt.
The regional planning commission shall make copies available to any individual or
organization requesting a copy.
(3) The regional planning commission may make revisions to the draft bylaws at any time
prior to adoption of the bylaws. If revisions are made to the draft bylaws, the regional
planning commission shall hold a final hearing and shall deliver notice as required
in subdivision (2) of this subsection.
(b)(1) The draft bylaws required under subsection (a) of this section shall be adopted by
a vote of at least 67 percent of the commissioners of the regional planning commission
in accordance with the voting procedures of the regional planning commission.
(2) The draft bylaws shall be considered duly adopted and shall take effect 35 days after
a vote required under this subsection, unless, within 35 days of the date of adoption,
the regional planning commission receives certification from the legislative bodies
of a majority of the municipalities in the region vetoing the proposed bylaws. In
such case, the bylaws shall be deemed repealed.
(c) Upon adoption of the bylaws under subsection (b) of this section, a regional planning
commission may:
(1) promote cooperative arrangements and coordinate, implement, and administer service
agreements among municipalities, including arrangements and action with respect to
planning, community development, joint purchasing, intermunicipal services, infrastructure,
and related activities; and
(2) exercise any power, privilege, or authority, as defined within a service agreement
under subsection (d) of this section, capable of exercise by a municipality as necessary
or desirable for dealing with problems of local or regional concern.
(d)(1) In exercising the powers set forth in subsection (c) of this section, a regional planning
commission shall enter into a service agreement with one or more municipalities.
(2) Participation by a municipality shall be voluntary and only valid upon appropriate
action by the legislative body of the municipality. To become effective, a service
agreement shall be ratified by the regional planning commission and the legislative
bodies of the municipalities who are a party to the service agreement.
(3) A service agreement shall describe the services to be provided and the amount of funds
payable by each municipality that is a party to the service agreement. Service of
personnel, use of equipment and office space, and other necessary services may be
accepted from municipalities as part of their financial support.
(4) Any modification to a service agreement shall not become effective unless approved
by the legislative body of the municipalities who are a party to the service agreement.
(e) A regional planning commission shall not have the following powers under this section:
(1) essential legislative functions;
(2) taxing authority; or
(3) eminent domain.
(f)(1) Funds provided for regional planning under section 4341a or 4346 of this chapter shall
not be used to provide services under a service agreement without prior written authorization
from the State agency or other entity providing the funds.
(2) A commission shall not use municipal funds or grants provided for regional planning
services under this chapter to cover the costs of providing services under any service
agreement under this section. (Added 2015, No. 89 (Adj. Sess.), § 1; amended 2017, No. 197 (Adj. Sess.), § 11.)