New Hampshire Revised Statutes 31:96 – Interlocal Cooperation on Federal or Interstate Flood Control Projects
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Powers granted to a town by paragraph XXXV of N.H. Rev. Stat. § 31:4 may be exercised jointly with other towns similarly affected, and any 2 or more such towns may enter into agreements with one another for joint or cooperative action pursuant to the following provisions:
I. Such agreement shall be approved by a vote of the majority of those present and voting at any regular or special meeting of the town.
II. Any such agreement shall specify the following:
(a) Its duration;
(b) The precise organization, composition, and nature of any joint or cooperative agency, or of any separate legal or administrative entity, if one is created thereby, together with the powers delegated thereto;
(c) Its purposes;
(d) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor;
(e) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking;
(f) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination;
(g) Any other necessary and proper matters.
III. The attorney general shall approve any agreement submitted to him hereunder unless he finds that it does not meet the conditions set forth herein and shall detail in writing addressed to the selectmen of the towns concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within 30 days of its submission shall constitute approval thereof.
IV. Financing of joint projects by agreement shall be as provided by law.
V. Prior to its entry in force, an agreement made pursuant to this section shall be filed with the town clerk of each signatory town and with the secretary of state.
VI. No agreement made pursuant to this section shall relieve any town of any obligation or responsibility imposed upon it by law, except that to the extent of actual or timely performances by a joint board or other agency or entity created by an agreement made hereunder, said performance may be offered in satisfaction of the obligation or responsibility.
VII. This section shall not apply to cooperative efforts undertaken by towns pursuant to other special or general statutes.
VIII. Any town entering into an agreement pursuant to this section may appropriate funds and may sell, lease, give or otherwise supply the joint board or agency or legal entity created hereunder by providing such personnel or services therefor as may be within its legal power to furnish.
I. Such agreement shall be approved by a vote of the majority of those present and voting at any regular or special meeting of the town.
Terms Used In New Hampshire Revised Statutes 31:96
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Personal property: All property that is not real property.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. Any such agreement shall specify the following:
(a) Its duration;
(b) The precise organization, composition, and nature of any joint or cooperative agency, or of any separate legal or administrative entity, if one is created thereby, together with the powers delegated thereto;
(c) Its purposes;
(d) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor;
(e) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking;
(f) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination;
(g) Any other necessary and proper matters.
III. The attorney general shall approve any agreement submitted to him hereunder unless he finds that it does not meet the conditions set forth herein and shall detail in writing addressed to the selectmen of the towns concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within 30 days of its submission shall constitute approval thereof.
IV. Financing of joint projects by agreement shall be as provided by law.
V. Prior to its entry in force, an agreement made pursuant to this section shall be filed with the town clerk of each signatory town and with the secretary of state.
VI. No agreement made pursuant to this section shall relieve any town of any obligation or responsibility imposed upon it by law, except that to the extent of actual or timely performances by a joint board or other agency or entity created by an agreement made hereunder, said performance may be offered in satisfaction of the obligation or responsibility.
VII. This section shall not apply to cooperative efforts undertaken by towns pursuant to other special or general statutes.
VIII. Any town entering into an agreement pursuant to this section may appropriate funds and may sell, lease, give or otherwise supply the joint board or agency or legal entity created hereunder by providing such personnel or services therefor as may be within its legal power to furnish.