KRS § 65.260 — KY Code / Title IX / Chapter 65 / Section 65.260
65.260 Limitations upon agreements -- Approval by Attorney General or Department for Local Government -- Exemptions
Status: in_force

65.260 Limitations upon agreements -- Approval by Attorney General or

Department for Local Government -- Exemptions.

(1) No agreement made pursuant to KRS 65.210 to 65.300 shall relieve any public

agency of any obligation or responsibility imposed upon it by law, except that to the

extent of actual and timely performance thereof by an interlocal agency, that

performance may be offered in satisfaction of the obligation or responsibility.

(2) Except as provided in subsections (3) and (4) of this section, every agreement made

pursuant to KRS 65.210 to 65.300 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 his or her office under

this subsection unless he or she finds that it does not meet the requirements set forth

in KRS 65.210 to 65.300. If the agreement does not meet these requirements, the

Attorney General shall detail in writing, addressed to the public agencies concerned,

the specific respects in which the proposed agreement fails to meet the requirements

of law. The failure of the Attorney General to disapprove an agreement submitted

under this subsection within thirty (30) days of its submission shall constitute

approval thereof.

(3) (a) In lieu of the requirements of subsection (2) of this section, agreements

involving only local governments, an agency, board, instrumentality, or

commission created exclusively by one (1) or more local governments, or any

combination thereof, shall prior to and as a condition precedent to its entry

into force, be submitted to the Department for Local Government. The

department shall determine whether the agreement is in proper form and shall

approve any agreement submitted to it under this subsection unless it finds

that the agreement does not meet the requirements set out in KRS 65.210 to

65.300. If the agreement does not meet these requirements, the department

shall detail, in writing, addressed to the public agencies concerned, the

specific respects in which the proposed agreement fails to meet the

requirements of KRS 65.210 to 65.300. The failure of the department to

disapprove an agreement submitted under this subsection within thirty (30)

days of its submission shall constitute approval thereof.

(b) The approval of an agreement by the Department for Local Government under

paragraph (a) of this subsection shall be deemed final and conclusive that the

agreement meets the requirements of KRS 65.210 to 65.300, and the

agreement shall not thereafter be subject to challenge as to the validity of its

formation.

(4) The submission of an interlocal cooperative agreement to the Attorney General or

the Department for Local Government as provided in subsections (2) and (3) of this

section shall not be required for any cooperative agreement which involves:

(a) Only the construction, reconstruction, or maintenance of a municipal road or

bridge, provided a written agreement is approved by each of the affected

governing bodies of the public agencies, or the administrative head of a public

agency if there is no governing body; or

(b) Interlocal cooperative agreements between school boards and local

governments.