Kentucky Statutes 81.096 – Defense — Criteria for judgment of dissolution — Certification to Secretary of State
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(1) Defense to the petition for dissolution may be made by any voter or resident of the city.
(2) Judgment dissolving a city may not be entered until:
(a) Notice has been published pursuant to KRS Chapter 424 by order of the court fixing a date by which motion for intervention may be filed; and
(b) Provision for equitable disposition of all assets of the city and discharge of all obligations of the city has been made and approved by the court.
(3) Whenever any city is dissolved the judgment shall direct the clerk of the Circuit Court wherein such judgment is rendered to certify a copy of said judgment not later than ten (10) days thereafter to the Secretary of State whose duty it shall be to properly index and file the same as a permanent record in that office.
Effective: July 15, 1980
History: Created 1980 Ky. Acts ch. 116, sec. 5, effective July 15, 1980.
(2) Judgment dissolving a city may not be entered until:
Terms Used In Kentucky Statutes 81.096
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- City: includes town. See Kentucky Statutes 446.010
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(a) Notice has been published pursuant to KRS Chapter 424 by order of the court fixing a date by which motion for intervention may be filed; and
(b) Provision for equitable disposition of all assets of the city and discharge of all obligations of the city has been made and approved by the court.
(3) Whenever any city is dissolved the judgment shall direct the clerk of the Circuit Court wherein such judgment is rendered to certify a copy of said judgment not later than ten (10) days thereafter to the Secretary of State whose duty it shall be to properly index and file the same as a permanent record in that office.
Effective: July 15, 1980
History: Created 1980 Ky. Acts ch. 116, sec. 5, effective July 15, 1980.