{"data":{"id":"us-ky/krs-147.620","jurisdiction":"us-ky","citation":"KRS 147.620","heading":"Procedure for establishment, alteration, or dissolution of commission.","body":"(1) If the fiscal courts of any two (2) or more adjacent counties elect to be consolidated\nas provided in KRS 147.610, and the respective legislative bodies of cities\nrepresenting more than two -thirds (2/3) of the population of the residents living\nwithin the boundaries of corporate territories of each county, by ordinance or\nresolution elect to consolidate as provided in KRS 147.610, then the cities and\ncounties so affected shall authorize the execution of a contract between themselves\nagreeing to participate in the creation of an area planning commission and agreeing\nto be governed by the provisions of KRS 147.610 to 147.705. When a sufficient\nnumber of municipalities and counties have executed said agreement, copies shall\nbe filed in the office of the clerk of each of the counties affected. Thereupon an area\nplanning commission is established. If at some later date the fiscal court and the\nlegislative bodies of cities representing more than two -thirds (2/3) of the population\nof the residents living within the boundaries of the corporate territory of another\nadjacent county elect to join the area planning commission, then the cities and\ncounty so affected shall authorize the execution of a contract between themselves\nagreeing to participate and be governed by th e provisions of KRS 147.610 to\n147.705. The existing area planning council, as previously created under KRS\n147.610 to 147.705 shall be empowered to execute an agreement accepting the new\ncontract in behalf of the existing area planning council and commiss ion. When such\nagreement is executed copies shall be filed in the office of the clerk of each of the\ncounties affected. Thereupon the new area planning commission boundaries are\nestablished.\n(2) Any area planning commission created under the provisions of KRS 147.610 to\n147.705 may be dissolved or altered in accordance with subsection (3), (4), or (5) of\nthis section.\n(3) An area planning commission may be altered or dissolved by the fiscal court, as\nfollows:\n(a) Upon receipt of a petition and following a p ublic hearing as provided herein,\nthe fiscal court may alter the boundaries of an area planning commission by\nreducing its area, or may dissolve an area planning commission if that\ncommission has for a period of two (2) consecutive years failed to provide the\nservices for which it was established, or if all or a portion of such services\nhave been provided by some other entity.  The fiscal court of each member\ncounty of an area planning commission must vote to dissolve the commission\nbefore such dissolution may take effect.\n(b) Upon receipt of a petition signed by at least twenty -five percent (25%) of the\nnumber of registered voters who voted in the last presidential election, the\nfiscal court shall schedule a public hearing on the matter of alteration or\ndissolution and advertise such hearing as provided in KRS 424.130.\n(c) The petition shall be in substantially the following form: \"The undersigned\nregistered voters as determined by subsection (3)(b) of this section living\nwithin the area planning commission territory (and containing a description of\nthe territory) hereby request that the fiscal court consider the alteration or\ndissolution of the area planning commission pursuant to this section.\" The\npetition shall conspicuously state in laymen's terms that a ny legal obligations\nof the commission must be satisfied before the commission can be dissolved\nand that the citizens residing within the area planning commission territory\nshall be responsible for the satisfaction of any obligations.  Signatures on the\npetition shall be dated, the last no later than ninety (90) days after the first.\n(d) At the hearing, the burden of proving that the commission is providing or\ntaking substantial steps toward providing the services for which it was created,\nor that no other entity is providing the service, shall be upon the commission.\nIn determining whether to alter, dissolve or to take no action in regard to the\ncommission, the fiscal court shall consider testimony offered at the hearing\nand any other relevant information including but not limited to the following:\n1. Present and projected need for the service provided by the commission;\n2. Population density of the commission;\n3. Existence of alternate providers of services;\n4. Revenue base of the commission such as assessed valuation and bonding\ncapacity; and\n5. Consequences of alteration of the commission's boundaries on the\neffectiveness and efficiency of the commission.\n(e) Within sixty (60) days following the hearing, the fiscal court shall set forth its\nwritten findings of fact in approving or disapproving the alteration or\ndissolution of the commission.\n1. If the fiscal court determines to dissolve the commission, it shall\ndetermine a method to satisfy any legal obligations of the commission\nwhich might be affected thereby. Upon satisfaction of its legal\nobligations, the commission shall be legally dissolved; any special ad\nvalorem tax imposed by the commission shall be rem oved from the tax\nrolls by the county clerk; and any assets of the commission shall be\nassumed by the county.\n2. If the fiscal court determines to alter the boundaries of the commission,\nit shall draw the new boundaries of the commission and determine the\nproportional amount of existing legal obligations of the area which is to\nbe excluded from the commission. Upon the satisfaction of such\nobligations, the new boundaries of the commission shall be legally\neffected and any affected taxpayer shall be removed from the tax rolls of\nthe commission.\n(f) If the final decision of the fiscal court or the Circuit Court, in the case of an\nappeal as provided for herein, is against the alteration or dissolution of the\ncommission, no attempt to alter or dissolve the commi ssion pursuant to this\nsection shall be made within three (3) years of the decision.\n(g) Any petitioner or member of the commission may, within thirty (30) days of\nthe fiscal court's decision, appeal an adverse finding of the fiscal court to the\nCircuit Court in the county containing the greater part of the commission. The\nCircuit Court shall review the decision of the fiscal court but shall reverse the\ndecision only if such decision is found to be arbitrary or capricious. If the\nCircuit Court reverses the decision of the fiscal court by ordering the\nalteration or dissolution of the commission, it shall direct the fiscal court to\ndetermine, as provided in subsection (3)(e) of this section, a method for\nsatisfying any legal obligations of the commission which  might be affected\nthereby.\n(4) An area planning commission may be dissolved by a referendum as follows:\n(a) Persons seeking dissolution of the commission shall submit a petition to the\ncounty clerk signed by at least twenty -five percent (25%) of the numbe r of\nregistered voters who voted in the last presidential election.\n(b) The petition shall be in substantially the following form: \"The undersigned\nregistered voters as determined by subsection (4)(a) of this section, living\nwithin the area planning commission territory (and containing  a description of\nthe territory) hereby request that the question of the dissolution of the\ncommission be put to a referendum.\" The petition shall conspicuously state in\nlaymen's terms that any legal obligations of the commis sion must be satisfied\nbefore the commission can be dissolved and that citizens residing within the\narea planning commission territory shall be responsible for the satisfaction of\nany such obligations. Signatures on the petition shall be dated, the last no later\nthan ninety (90) days after the first.\n(c) If the county clerk determines that the petition is in proper order, he shall\ncertify the petition to the fiscal court. The fiscal court shall direct that the\nquestion be placed on the ballot at the next re gular election if the question is\nsubmitted to the county clerk not later than the second Tuesday in August\npreceding the regular election. The fiscal court shall bear the costs of\nadvertising and placing the question on the ballot.\n(d) The county clerk shall advertise the question as provided in KRS Chapter 424\nand shall prepare the question for the ballot. The ballot shall contain the\nfollowing admonition to the voter: \"The (name of the area planning\ncommission) may have existing legal obligations which m ust be satisfied\nbefore the commission can be dissolved. The citizens residing within the area\nplanning commission territory shall be responsible for the satisfaction of any\nobligations.\" The question of the dissolution of the commission shall be\nplaced on  the ballot in substantially the following form: \"The (name of the\narea planning commission and containing a description of the commission's\nterritory) should be dissolved.\" The voter shall vote \"yes\" or \"no.\"\n(e) All registered voters shall be eligible to vote on the question of dissolution.\n(f) In referendums under this section, provision shall be made for those opposing\nthe dissolution of the commission to have equal representation with the\nproponents of the measure in the determination of eligibility of  voters, and in\nthe observance of canvassing and certifying of the returns.\n(g) If a majority of those voting in the referendum as provided for herein, favor\nthe dissolution of the commission, the commission shall, upon satisfaction of\nits legal obligation s, be dissolved by the order of the fiscal court, any special\nad valorem tax imposed by the commission shall be removed from the tax\nrolls by the county clerk and any assets of the commission shall be assumed\nby the county.\n(h) If a majority of those votin g in the referendum oppose the dissolution of the\ncommission, no attempt to dissolve the commission pursuant to this section\nshall be made within five (5) years of the election.\n(i) Each member county of an area planning commission must follow the\nprocedures defined herein, before such dissolution may take effect.\n(j) Any member county of an area planning commission may withdraw its\nmembership after following the procedures defined herein. The commission\nshall continue to function after such withdrawals, wi th its boundaries\nconsisting of the remaining county members. No county may withdraw from\nany commission unless it satisfies its part of all contractual obligations\nassumed by the commission prior to the passage of its resolution.\n(5) Nothing contained her ein shall be construed as prohibiting any county, which is\nincluded in the territory of an area planning commission, from withdrawing that\ncounty's membership in an area planning commission, provided that the procedures\nfor effectuating such withdrawal shall be in accordance with either subsection (3) or\n(4) of this section.","path":["KRS Chapter 147"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=1619","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:39Z","sha256":"d5d76ba3be4dd3e37f47627c01124a9d244231a644862d781b31abfab30003af","source_id":"us-ky","stale":false,"prev":"us-ky/krs-147.610","next":"us-ky/krs-147.630"},"notice":"GroundRules: Original legal text. Not legal advice."}