2017 Kentucky Revised Statutes CHAPTER 65 - GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS .242 Change in parties to interlocal agreement.
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65.242 Change in parties to interlocal agreement.
(1)
(2)
(3)
Provided that the terms of the agreement are not being substantively changed,
whenever an existing agreement that complies with the requirements of KRS 65.210
to 65.300 is amended to join new parties or to remove existing parties, approval of
the Attorney General or the Department for Local Government under KRS 65.260
and approval of the agency or officer with jurisdiction under KRS 65.300 shall not
be required for the amendment to be effective.
In lieu of the requirements of KRS 65.290, when an agreement is amended pursuant
to subsection (1) of this section, each public agency subject to the agreement,
including any public agency withdrawing from the agreement, shall send the
following to the county clerk of the county in which it is located, to the Secretary of
State, and to either the Attorney General or the Department for Local Government,
if either agency would have had the responsibility for review under KRS 65.260:
(a) A copy of the full agreement, including any amendments;
(b) A statement containing the effective date and subject of the original
agreement;
(c) A list of the parties being added to or removed from the agreement; and
(d) A certification signed by each party being added to the agreement that
confirms that the party is:
1.
A public agency as defined in KRS 65.230; and
2.
Eligible under KRS 65.240 to join the interlocal agreement with the
existing parties to the agreement.
Public agencies may, by the terms of an agreement made pursuant to KRS 65.210 to
65.300, specify the manner in which parties may be added to or removed from the
agreement pursuant to this section. The language may authorize the addition of new
parties or the removal of existing parties with or without the requirement of action
by the legislative body of each public agency that is a party to the existing
agreement or with a requirement of action by a minimum percentage of the
legislative bodies of the public agencies that are parties to the agreement. In the
absence of this language, action by the legislative body of each public agency that is
a party to the existing agreement shall be required to amend the agreement to add
new parties or remove existing parties.
Effective: July 15, 2016
History: Created 2016 Ky. Acts ch. 92, sec. 1, effective July 15, 2016.
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