65.243 Status and authorities of interlocal agency created by interlocal agreement -

304 words·~1 min read·/ky/65-243

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

- Interlocal agreement controls if more restrictive than KRS 65.210 to 65.300 --

Status and authorities are cumulative -- No statutory power to tax granted to

interlocal agency -- Interlocal agency deemed a public agency.

(1)An interlocal agency created by the interlocal agreement shall constitute an agency

and instrumentality of the public agencies party to the interlocal agreement for the

purpose of performing the essential governmental functions and the public purposes

authorized by the interlocal agreement.

(2)Unless restricted, limited, or otherwise conditioned under the terms of the interlocal

agreement, an interlocal agency is authorized to exercise any powers not in conflict

with local, state, or federal law or in conflict with the interlocal agreement that are

necessary and convenient to accomplish the purposes for which the interlocal

agency was created.

(3)To the extent that any of the provisions of the interlocal agreement are more

restrictive, or limit the powers, privileges, or authority of the interlocal agency that

are otherwise allowed by KRS 65.210 to 65.300, the provisions of the interlocal

agreement shall control.

(4)The status and authorities of an interlocal agency granted in this section, unless

limited by the interlocal agreement, is cumulative and in addition to the powers and

authority of an interlocal agency that may otherwise exist and that are granted or

implied under any other laws of the Commonwealth to a specific type of public

body that may also function as an interlocal agency under KRS 65.210 to 65.300.

(5)Nothing in this section shall be construed to grant an interlocal agency the ability to

levy a tax.

(6)An interlocal agency created by an interlocal agreement shall be deemed to be a

public agency as defined in KRS 61.805 and 61.870, and as such shall be subject to

KRS 61.800 to 61.850 and 61.870 to 61.884.