Request By:
Mr. William L. Faught
City Manager
City of Ashland
P.O. Box 1839
Ashland, Kentucky 41101
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of March 7 in which you raise the following question:
"This is to request your opinion regarding the applicability of the Model Procurement Code to acquisition and disposition activities under KRS 99.330."
We assume your question is whether or not the Model Procurement Code applies to the operation of an urban renewal agency established pursuant to KRS 99.330 to 99.510.
You do not indicate, but we assume, that the city has established a separate independent agency to administer the Urban Renewal Act pursuant to KRS 99.350 which however gives the city the additional options of operating the agency itself or through a municipal housing commission. When the city establishes an urban renewal agency, such is a separate body politic or political subdivision exercising governmental function as prescribed by KRS 99.360. This being the case, we believe that said agency would constitute a "local public agency" as defined in KRS 45A.345 of the Kentucky Model Procurement Code which includes any agency of a local political subdivision.
Under the circumstances, the urban renewal agency must follow the requirements of the Model Procurement Code.