A. The agency provided by the agreement to administer or execute the agreement may be one of the parties to the agreement or a commission or board constituted pursuant to the agreement. B. The administering agency under any such agreement shall be considered under the provisions of this Joint Powers Agreements Act as an entity separate from the parties to such agreement. C. The agency shall possess the common power specified in the agreement and may exercise it in the manner or according to the method provided in the agreement, subject to any of the restrictions imposed upon the manner of exercising such power of one of the contracting public agencies or such restrictions of any public agency participating which may be designated or incorporated in the agreement. History: 1953 Comp., § 4-22-5, enacted by Laws 1961, ch. 135, § 5. Scope of powers. — A development district created pursuant to the Joint Powers Agreements Act may only exercise powers common to the contracting parties. 1969 Op. Att'y Gen. No. 69-127. Cooperative Educational Services does not have the authority to establish a scholarship program. — The Cooperative Educational Services (CES) was created under a cooperative procurement agreement authorized by the Procurement Code, NMSA 1978, § 13-1-135, and entered into under the Joint Powers Agreements Act, NMSA 1978, §§ 11-1-1 to 11-1-7, and under this cooperative procurement agreement, the CES was designated as the agency to administer or execute the cooperative procurement agreement for the limited purpose of procuring items of tangible personal property, services or construction, and therefore a proposal for CES to establish a scholarship program for students attending state educational institutions that are parties to its cooperative procurement agreement would exceed the scope of its authority, because the scholarship program would include a disbursement of funds, not a procurement of tangible personal property, services or construction, and, moreover, the scholarship program would not be considered a service provided by CES to the educational institutions, because, as proposed, the program's purpose is to defray certain costs charged by these educational institutions. 2024 Att'y Gen. Adv. Ltr. No. 2024-01.
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