81A.440 Reduction of boundaries.
544 words·~2 min read·
/ky/chapter-81a/81a-440A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)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.
(2)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.