2014 Kentucky Revised Statutes CHAPTER 67 - COUNTY GOVERNMENT (FISCAL COURTS AND COUNTY COMMISSIONERS) 67.918 Question of unification to be submitted to voters -- Adoption of unification plan after approval -- Prohibition against placing rejected plan on ballot for five years.
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67.918 Question of unification to be submitted to voters -- Adoption of
unification plan after approval -- Prohibition against placing rejected plan
on ballot for five years.
(1)
(2)
(3)
(4)
The question whether the unification plan shall be adopted shall be filed with
the county clerk not later than the second Tuesday in August preceding the day
of the next regular election. The plan shall be advertised at least once not later
than ninety (90) days before the regular election at which the voters will be
asked to approve or disapprove the adoption of the unification plan.
The question to be submitted to the voters shall read as follows:
"Are you in favor of unifying the city (or cities) of _____ and _____ County into
a single government according to the unification plan adopted by the
Unification Review Commission?"
(a) Subject to the restrictions in paragraph (b) of this subsection, for the
unification plan to be adopted, it shall require both a majority of those
residents voting within the unincorporated area of the county to vote in
favor of its adoption, and:
1.
A majority of those residents voting within the city containing the
largest population in the county, based on the most recent decennial
census, to vote in favor of its adoption; or
2.
A majority of those residents voting, pursuant to paragraph (b) of
this subsection, within cities that together contain at least fifty
percent (50%) of the population residing within the incorporated
areas of the county, based on the most recent decennial census, to
vote in favor of its adoption.
(b) 1.
The votes shall be counted within each city to determine whether
the majority of voters within each city are in favor of the adoption of
the unification plan.
2.
Each city where the majority of those voting are in favor of adopting
the unification plan shall participate in the unified local government,
subject to the requirements of paragraph (a) of this subsection.
3.
Each city where the majority of those voting are not in favor of
adopting the unification plan:
a.
Shall not participate in the unified local government;
b.
Shall remain incorporated unless dissolved in accordance with
KRS 81.094 and shall continue to exercise all powers and
perform the functions permitted by the Constitution and general
laws of the Commonwealth of Kentucky applicable to the cities
of the class to which they have been assigned; and
c.
Shall allow eligible voters within the city to vote for the chief
executive officer of the unified local government and the
relevant legislative body member or members of the unified
local government for the area including the nonparticipating
city.
The votes shall be counted, returns made, and canvassed in accordance with
the provisions of KRS Chapters 116 to 121 governing elections, and the results
(5)
(6)
shall be certified by the county board of election commissioners to the county
clerk. If a majority of those voting on the issue are in favor of forming a unified
local government, the county board of election commissioners shall enter the
fact of record and the unified local government shall be organized as provided
in the unification plan.
An adopted unification plan shall take effect January 1 following the election of
officers to fill elective offices created by the unification plan. Officers shall be
elected in the regular election in the next even-numbered year following
adoption of the unification plan.
If the question whether the unification plan shall be adopted is rejected by a
majority of the electorate, the question is defeated and cannot be voted on
again for five (5) years from the date of certification of the election results.
Effective:January 1, 2013
History: Amended 2012 Ky. Acts ch. 63, sec. 8, effective January 1, 2013. -Created 2006 Ky. Acts ch. 246, sec. 10, effective July 12, 2006.
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