81A.005 Annexation by city of first class that has in effect a cooperative compact
791 words·~4 min read·
/ky/81a-005A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
with its county.
(1)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.
(2)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.
(3)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 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.
(4)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.