2017 Kentucky Revised Statutes CHAPTER 81A - ANNEXATION .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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