Section 53-A:3 Joint Exercise of Powers. - New Hampshire Statutes

Any power or powers, privileges or authority exercised or capable of exercise by a public agency of this state may be exercised jointly with any other public agency of this state. Such authority shall include, but not be limited to, the power to enter into agreements to share tax revenues resulting from local economic development efforts and with respect to cities and towns, the power to form the entities and conduct the activities provided for in RSA 162-G.
   I. Any 2 or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to this chapter. Appropriate action by ordinance, resolution or other action pursuant to law of the governing bodies of the participating public agencies shall be necessary before any such agreement may enter into force.
   II. Any such agreement shall specify the following:
      (a) Its duration;
      (b) The precise organization, composition and nature of any separate legal or administrative entity created thereby together with the powers delegated thereto, provided such entity may be legally created;
      (c) Its purpose;
      (d) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor;
      (e) The method to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such termination;
      (f) Any other necessary and proper matters.
   III. In the event that the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, the agreement shall, in addition to items enumerated in paragraph II, contain the following:
      (a) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board all public agencies party to the agreement shall be represented.
      (b) The manner of acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking.
   IV. No agreement made pursuant to this chapter shall relieve any public agency of any obligation or responsibility imposed upon it by law except 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. Said performance may be offered in satisfaction of the obligation or responsibility.
   V. Every agreement made hereunder shall, prior to and as a condition precedent to its entry into force, 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 to him hereunder unless he shall find that it does not in substance meet the conditions set forth herein and shall detail in writing addressed to the governing bodies of the public agencies concerned the specific respects in which the proposed agreement substantially fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within 30 days of its submission shall constitute approval thereof.

Source. 1963, 275:14. 1969, 126:1. 1971, 474:2. 1974, 15:2. 1977, 82:1; 238:1. 1993, 328:5. 1994, 331:2, eff. Aug. 7, 1994.