2014 Kentucky Revised Statutes CHAPTER 81A - ANNEXATION 81A.530 Authorization for, procedures for, and effects of annexation of a city with population of less than 1,000 by an adjoining city with a population of 1,000 or more.
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81A.530 Authorization for, procedures for, and effects of annexation of a city
with population of less than 1,000 by an adjoining city with a population
of 1,000 or more.
(1)
(2)
(3)
(4)
When any city with a population equal to or greater than one thousand (1,000)
and a city with a population of less than one thousand (1,000) have a common
boundary, and it is determined by the legislative body of the city with a
population of less than one thousand (1,000) and of the adjoining city with a
population equal to or greater than one thousand (1,000) that the entire area of
the city with a population of less than one thousand (1,000) can be better
served by the adjoining city, the entire area of the city with a population of less
than one thousand (1,000) may be annexed to the adjoining city and the city
once annexed shall be dissolved after the enactment of identical ordinances by
each legislative body according to the provisions of this section.
The ordinances declaring the annexation shall include but not be limited to the
following:
(a) A statement of the financial consideration, if any, between the two (2)
cities regarding the area of the city being annexed and the terms of any
financial arrangements;
(b) The resolution of any taxes or revenues from the area of the city being
annexed;
(c) A statement of the land use or the zoning regulations that would be
applicable to the area of the city being annexed if planning and zoning is
in effect pursuant to KRS Chapter 100 in either city; and
(d) The date that the annexation of the city being annexed by the adjoining
city would be effective, which shall not be more than one (1) year after the
date on which the last of the identical ordinances is adopted.
In order for the annexation to be completed, either of the following procedures
shall be followed and concluded:
(a) Prior to the effective date of the annexation of the area of the city being
annexed into the adjoining city, a petition in support of the annexation,
containing a number of signatures of residents in the area of the city
being annexed that is not less than fifty-one percent (51%) of the number
of registered voters in the area of that city, shall be submitted to the
county clerk of the county in which the city being annexed is located. The
county clerk shall within ten (10) working days of receipt of the petition
notify each city of the validity of each signature and address on the
petition; or
(b) An election shall be held to determine the desire of the voters in the city
being annexed. An election shall be held at a regular election. The
qualifications of voters and all other matters in regard to the election shall
be governed by the general election laws. The question shall be
submitted in substantially the following form: "Are you in favor of annexing
the city of _______ into the city of _______ and dissolving the city of
_______? Yes_____ No_____".
If the requisite number of signatures is verified by the county clerk as provided
in subsection (3)(a) of this section, or if a majority of the legal votes cast at the
election in the city proposing to be annexed favors the annexation, the
annexation shall proceed and become effective, and the city being annexed
shall be dissolved at the date provided in the identical ordinances adopted by
the legislative bodies of both cities upon the enactment by the legislative body
of the adjoining city of an ordinance accepting the annexation of the city being
annexed.
(5) All assets of the city being annexed existing on the date of annexation shall
become the property of the annexing city. Any indebtedness for which the city
being annexed is liable on the date of annexation shall be assumed by the
annexing city, so that after annexation the burden of taxation shall be uniform
throughout the area of the two (2) cities.
(6) The enactment of ordinances by each city shall be pursuant to KRS 83A.060.
(7) The authority for the annexation of the city being annexed shall be exclusive of
the provisions of KRS 81A.440.
(8) In addition to other public notice requirements, the annexing city shall comply
with the provisions of KRS 81A.470, but shall not be required to comply with
the provisions of KRS 81A.475. The city clerk of the city being annexed shall,
within sixty (60) days after the effective date of the dissolution of that city, give
written notice of the dissolution and the date of the dissolution to the Secretary
of State who shall properly index and file the notice and date as a permanent
record in the secretary's office.
(9) The area of the city being annexed shall assume the local option status of the
city by which it is being annexed.
(10) For the purposes of this section, the city population shall be determined by
using the populations contained in the most recent federal decennial census.
Effective:January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 6, effective January 1, 2015. -Amended 2001 Ky. Acts ch. 152, sec. 2, effective June 21, 2001. -- Created
1998 Ky. Acts ch. 379, sec. 1, effective July 15, 1998.
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