2013 Kentucky Revised Statutes CHAPTER 67C - RESTRUCTURE OF LOCAL GOVERNMENT IN COUNTY CONTAINING CITY OF FIRST CLASS 67C.115 Continued existence of laws of county and of city of the first class after consolidation -- Resolution of conflicts between existing laws -- Enactment of new laws for consolidated local government -- County attorney to serve as legal adviser -- Exception -- Meaning given to titles in ordinances.
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67C.115 Continued existence of laws of county and of city of the first class
after consolidation -- Resolution of conflicts between existing laws -Enactment of new laws for consolidated local government -- County
attorney to serve as legal adviser -- Exception -- Meaning given to titles in
ordinances.
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(2)
(3)
(4)
(5)
(6)
Upon the successful passage of the question to consolidate a city of the first
class and its county, all ordinances and resolutions of the previously existing
city of the first class and all ordinances and resolutions of the county shall
become effective ordinances and resolutions of the consolidated local
government until repealed, modified, or amended in accordance with the
following order of precedence:
(a) If a city ordinance conflicts with a county ordinance, the county ordinance
shall prevail and shall become effective countywide; and
(b) If a city ordinance addresses a subject matter not addressed by a county
ordinance, the city ordinance shall become effective countywide; and
(c) If a county ordinance addresses a subject matter not addressed by a city
ordinance, the county ordinance shall become effective countywide.
Notwithstanding paragraph (a) of this subsection and in the event a uniform
land development code has not been jointly adopted by the city and county
prior to the effective date of a consolidated local government, the historic
preservation and landmarks ordinances, and the zoning regulations of the city
adopted pursuant to KRS Chapter 100, shall prevail and become effective
countywide.
Ordinances and resolutions of either the city of the first class or its county in
existence on the effective date of a local government consolidation which
conflict with other provisions of this chapter shall be void. Except as provided in
KRS 67C.123(3), any ordinance, resolution, or order in effect in a city of the
first class or its county on the date a consolidated local government takes
effect shall expire five (5) years from that date unless amended or reenacted
by the consolidated local government.
All ordinances of the city and county creating agencies and boards and
interlocal agreements shall survive and be deemed reenacted by the council.
All members may serve the balance of the terms to which they were appointed
and until their successors are appointed and duly qualified according to law.
For purposes of this section, a conflict shall be deemed to exist between
ordinances or resolutions, or the provisions of this chapter, where any rights,
remedies, entitlements, or the enforcement thereof cannot reasonably be
reconciled.
The county attorney shall serve as the legal advisor and representative to the
consolidated local government and except for those duties pertaining to fiscal
court set forth in KRS 69.210, the county attorney shall retain and exercise all
other duties, powers, and rights delegated to that office by law.
Wherever the words "county judge" or "county judge/executive" appear in any
resolution or ordinance in existence in a city of the first class or in a county
containing a city of the first class as of the effective date of the establishment of
a consolidated local government, they shall be deemed to mean the mayor of
the consolidated local government.
Effective:July 13, 2004
History: Amended 2004 Ky. Acts ch. 104, sec. 2, effective July 13, 2004. -Amended 2002 Ky. Acts ch. 346, sec. 58, effective July 15, 2002. -- Created
2000 Ky. Acts ch. 189, sec. 8, effective July 14, 2000.
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