2014 Kentucky Revised Statutes CHAPTER 81A - ANNEXATION 81A.005 Annexation by city of first class that has in effect a cooperative compact with its county.
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81A.005 Annexation by city of first class that has in effect a cooperative
compact with its county.
(1)
(2)
(3)
When a city of the first class, which has in effect a compact with the county
pursuant to KRS 79.310 to 79.330, desires to annex unincorporated territory,
the legislative body of the city shall enact an ordinance stating the intention of
the city to annex. If an ordinance proposing to annex unincorporated territory
has been enacted prior to July 15, 1986, and the ordinance annexing the
territory to the city has not been enacted, then in order for the city to annex the
territory during the time the compact is in effect, the legislative body of the city
shall reenact the ordinance only including the same territory as the original and
stating the intention of the city to annex. Such ordinances shall accurately
define the boundary of the unincorporated territory proposed to be annexed,
and declare it desirable to annex the unincorporated territory.
The mayor of the city shall deliver a certified copy of the ordinance to the
county clerk of the county in which the territory proposed to be annexed is
located, who shall have prepared to be placed before the voters in each
precinct embraced in whole or in part within the territory proposed to be
annexed the question: "Are you in favor of being annexed to the city of
_________?" If only a part of any precinct is embraced within the territory
proposed to be annexed only persons who reside within the territory proposed
to be annexed shall be permitted to vote. The question shall be submitted to
the voters at the next regular election if the ordinance is filed with the county
clerk not later than the second Tuesday in August preceding the regular
election. The clerk shall cause the sheriff or sheriffs to deliver to the election
officers in each precinct in the appropriate counties copies of the ordinance
proposing to annex:
(a) If more than fifty percent (50%) of those voting on the question approve of
the annexation, the legislative body may proceed to annex the territory.
Within sixty (60) days of the certification of the election results in which
more than fifty percent (50%) of those voting in the election approved the
annexation, the legislative body of the city may enact an ordinance
annexing to the city the territory described in the ordinance. Upon
enactment of the ordinance the territory shall become part of the city for
all purposes; or
(b) If fifty percent (50%) or less of those voting on the question approve the
annexation, the ordinance proposing annexation shall become ineffectual
for any purpose, subject to the provisions of KRS 81A.460.
Once the ordinance stating the intention of the city to annex an area has been
given its first reading or enacted by the city legislative body, no part of such
area may be incorporated or be annexed by another city, unless such
incorporation or annexation is pending at the time the ordinance is given its first
reading, until the annexation proposal by the city of the first class is defeated
pursuant to subsection (2) of this section or until the ordinance is withdrawn,
repealed, or amended as to the area to be annexed according to subsection (4)
of this section. This subsection shall apply to any proposing ordinance which
has had a first reading or has been enacted as of January 1, 1986.
Notwithstanding anything to the contrary in this subsection, any annexation by
(4)
a city other than the first class or incorporation prior to January 1, 1986, shall
not be nullified by the application of KRS 79.310 to 79.330; provided, however,
that any city of the first class shall retain any legal annexation priorities which
existed on January 1, 1986, to the territory so annexed or incorporated. All
pending litigation challenging annexation of a specific unincorporated territory
by the city of the first class arising from ordinances proposing to annex such
territory enacted prior to July 15, 1986, shall, at the discretion of the court, be
remanded on the docket of the appropriate court without prejudice during the
term of the compact.
The legislative body of the city may elect to amend the description of the
territory proposed to be annexed under an ordinance stating the intention of the
city to annex an area as described in subsection (1) of this section at any time
after June 1, 1998, and prior to September 30, 1998, for the purpose of
excluding a specific area or areas from the ordinance in order to permit these
areas to be annexed by an abutting city located in the county according to KRS
81A.412. Amendment of the ordinance according to this subsection shall not
affect the priority granted this annexation proposal according to subsection (3)
of this section.
Effective:June 1, 1998
History: Amended 1998 Ky. Acts ch. 104, sec. 2, effective June 1, 1998. -Amended 1996 Ky. Acts ch. 195, sec. 42, effective July 15, 1996. -- Created
1986 Ky. Acts ch. 77, sec. 6, effective July 15, 1986.
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