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81A.440 Reduction of boundaries.
(1)
(2)
In areas that are inhabited:
(a) A city may reduce its boundaries by the enacting by its legislative body of
an ordinance stating the intention of the city to reduce its boundaries. This
ordinance shall accurately define the boundaries of the area to be stricken
from the corporate limits of the city, and shall provide that the question of
reduction of boundaries shall be submitted to the registered voters of the
area to be stricken from the city at the next regular election. A copy of the
ordinance shall be sent to the county clerk who shall have prepared, for
presentation to the voters located within the area to be stricken, the
question: "Are you in favor of being stricken from the City of _______ and
becoming part of the unincorporated area of the county?" The election
shall be held 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.
(b) If a majority of those voting on the question vote "Yes" to the question of
being stricken, the legislative body of the city within ten (10) days of the
certification of the election, shall enact an ordinance declaring the area to
be stricken from the corporate limits of the city as of the date of the
ordinance.
In areas that are uninhabited, a city may reduce its boundaries by the following
procedure:
(a) The legislative body of the city proposing to strike uninhabited territory
shall enact an ordinance stating the intention of the city to strike the
uninhabited area. The ordinance shall accurately define the boundary of
the uninhabited territory proposed to be stricken, and declare its intention
to strike this uninhabited territory. The clerk of the legislative body of the
city shall send a copy of this ordinance to the county judge/executive of
the territory to be stricken by certified mail, return receipt requested.
(b) In not less than thirty (30) days after receipt of proof of receipt by the
county/judge executive of the county encompassing the territory to be
stricken, if no ordinance objecting to the striking of the territory is received
from the legislative body of the county encompassing the territory to be
stricken, the legislative body may enact a second ordinance striking the
territory described in the ordinance. Upon the enactment of this
ordinance, the territory shall cease to be part of the city for all purposes.
(c) The county/judge executive of the county encompassing the territory to
be stricken shall receive notice of the city's intention to strike this territory
from the city. The legislative body of the county encompassing the
territory to be stricken may pass an ordinance objecting to the striking of
the territory from the city's boundaries. The clerk of the legislative body of
the county shall send a copy of this ordinance objecting to the striking of
territory to the mayor of the city striking the territory by certified mail,
return receipt requested. This ordinance objecting to the striking of the
territory shall prevent the city from striking that territory from its
boundaries. Failure to pass an ordinance objecting to the striking of the
territory shall constitute acceptance of the city's decision to strike the
territory.
Effective:March 16, 2005
History: Amended 2005 Ky. Acts ch. 78, sec. 1, effective March 16, 2005. -Amended 1996 Ky. Acts ch. 195, sec. 44, effective July 15, 1996. -- Amended
1984 Ky. Acts ch. 416, sec. 18, effective July 13, 1984. -- Created 1980 Ky. Acts
ch. 303, sec. 5, effective July 15, 1980.
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