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100.117 Independent planning units.

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100.117 Independent planning units. Any city or county may establish a planning program as an independent operation if the <br>following required procedure is unsuccessful in establishing a joint planning unit <br>encompassing the county and cities therein. <br>(1) A city shall interrogate the county and every other city therein to determine whether they desire to enter into an agreement to form a joint planning unit. The <br>interrogation shall be in writing, addressed to the various legislative bodies stating <br>proposed reasonable terms for combination and the reasoned purpose and <br>objectives. The political subdivisions which have been interrogated shall have sixty <br>(60) days in which to answer in writing and the city may assume that the answer is <br>negative if no response is received within the sixty (60) days. If the county answers <br>in the negative, then the city may engage in an independent planning operation. If <br>the county responds affirmatively, then a joint planning unit shall be established, <br>and no city located in such county may form an independent planning unit. If a city <br>has been operating under an agreement under which its planning operations have <br>been combined with one (1) or several counties or cities and the combination is <br>broken, then it shall follow the procedure set forth in this subsection before it <br>engages in an independent planning operation. (2) A county shall interrogate every incorporated city within its boundaries and otherwise be subject to following the procedure established for an independent city <br>operation. (3) In a county where independent planning units have been created in accordance with this section, another interrogation shall not be permitted for a period of four (4) <br>years from the date of the previous letter of interrogation. If another interrogation is <br>initiated, the required procedure as defined by this section, shall be followed. If the <br>result of such an interrogation is creation of a joint planning unit, as permitted by <br>KRS 100.121, then all the existing independent planning units shall be dissolved, <br>and no city located in such county may form an independent planning unit. A period <br>of one (1) year from the date of the letter of interrogation shall be permitted for the <br>newly formed joint planning unit to come into existence, during which time the <br>other necessary steps required by this chapter must be complied with and the <br>dissolution of the independent units shall be effective upon compliance with <br>requirements of this chapter, for creation of the joint planning unit, or at the end of <br>the one (1) year period, whichever is first. (4) Any independent planning unit in existence on June 20, 2005, in a county containing all or a portion of a joint planning unit may continue to exist and operate <br>as an independent planning unit and shall not be required to: <br>(a) Conduct any interrogation under the provisions of subsection (1) of this section; (b) Be subject to the interrogation process in subsection (2) of this section; or <br>(c) Dissolve in accordance with the provisions of subsection (3) of this section. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 119, sec. 8, effective June 20, 2005. -- Amended 1986 Ky. Acts ch. 141, sec. 2, effective July 15, 1986. -- Created 1966 Ky. Acts <br>ch. 172, sec. 3.