Kentucky Statutes 67C.111 – Status of cities other than those of the first class located within the territory of the consolidated local government — Establishment of new city within consolidated local government — Procedure
Current as of: 2024 | Check for updates
|
Other versions
(1) All cities other than those of the first class located within the territory of the consolidated local government, upon the successful passage of the question to consolidate a city of the first class and its county, shall remain incorporated unless dissolved in accordance with KRS § 81.094 and shall continue to exercise all powers and perform the functions permitted by the Constitution and general laws of the Commonwealth of Kentucky applicable to the cities of the class to which they have been assigned.
(2) (a) After July 15, 2024, with the approval of the consolidated local government’s legislative council, qualified voters within the consolidated local government may establish new cities within the consolidated local government pursuant to KRS § 81.050 and KRS § 81.060. The proposed city must have a population of six thousand (6,000) or greater. This territory shall not be within any urban services boundary of the consolidated local government nor shall it include any territory currently incorporated within any existing city. The approval of the desire to establish a new city shall be in the form of a resolution by the consolidated local government’s legislative council. If the legislative council does not act upon the request within sixty (60) days of the receipt of the desire to incorporate a new city, that shall serve as notice of approval by the legislative council of the incorporation of the new city.
(b) If the petition to form a city is signed by sixty-six percent (66%) or more of the qualified voters in the area proposed to be incorporated, the consolidated local government’s legislative council shall approve the proposed incorporation.
(c) If the petition to form a city is signed by less than sixty-six percent (66%) of the qualified voters in the area proposed to be incorporated, the consolidated local government’s legislative council may approve the proposed incorporation.
(3) Any proposed annexation by a city in that county shall first receive the approval of the legislative council of the consolidated local government prior to the city proceeding under the provisions of KRS Chapter 81A. The city shall request the approval of the consolidated legislative council by ordinance. After July 15, 2024, if the ordinance is accompanied by a petition in favor of the proposed annexation signed by sixty-six percent (66%) or more of the qualified voters of the area proposed to be annexed, the consolidated government legislative council shall approve the proposed annexation. The consolidated legislative council’s decision shall be made by ordinance and within sixty (60) days of the receipt of the request by the affected city. If an ordinance has not been enacted by the consolidated legislative council within sixty (60) days, the request for a city to proceed with an annexation proposal shall be deemed to be approved by the consolidated legislative council. An ordinance approving annexation passed by the consolidated local government legislative council shall not be subject to veto by the mayor of the
consolidated local government.
(4) The adoption of a consolidated local government in a county containing a city of the first class shall not prevent the merger or dissolution of any existing cities as provided by law or the merger of any remaining cities with the newly consolidated local government.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 201, sec. 3, effective July 14, 2022. — Created
2000 Ky. Acts ch. 189, sec. 6, effective July 14, 2000.
(2) (a) After July 15, 2024, with the approval of the consolidated local government’s legislative council, qualified voters within the consolidated local government may establish new cities within the consolidated local government pursuant to KRS § 81.050 and KRS § 81.060. The proposed city must have a population of six thousand (6,000) or greater. This territory shall not be within any urban services boundary of the consolidated local government nor shall it include any territory currently incorporated within any existing city. The approval of the desire to establish a new city shall be in the form of a resolution by the consolidated local government’s legislative council. If the legislative council does not act upon the request within sixty (60) days of the receipt of the desire to incorporate a new city, that shall serve as notice of approval by the legislative council of the incorporation of the new city.
Terms Used In Kentucky Statutes 67C.111
- City: includes town. See Kentucky Statutes 446.010
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
(b) If the petition to form a city is signed by sixty-six percent (66%) or more of the qualified voters in the area proposed to be incorporated, the consolidated local government’s legislative council shall approve the proposed incorporation.
(c) If the petition to form a city is signed by less than sixty-six percent (66%) of the qualified voters in the area proposed to be incorporated, the consolidated local government’s legislative council may approve the proposed incorporation.
(3) Any proposed annexation by a city in that county shall first receive the approval of the legislative council of the consolidated local government prior to the city proceeding under the provisions of KRS Chapter 81A. The city shall request the approval of the consolidated legislative council by ordinance. After July 15, 2024, if the ordinance is accompanied by a petition in favor of the proposed annexation signed by sixty-six percent (66%) or more of the qualified voters of the area proposed to be annexed, the consolidated government legislative council shall approve the proposed annexation. The consolidated legislative council’s decision shall be made by ordinance and within sixty (60) days of the receipt of the request by the affected city. If an ordinance has not been enacted by the consolidated legislative council within sixty (60) days, the request for a city to proceed with an annexation proposal shall be deemed to be approved by the consolidated legislative council. An ordinance approving annexation passed by the consolidated local government legislative council shall not be subject to veto by the mayor of the
consolidated local government.
(4) The adoption of a consolidated local government in a county containing a city of the first class shall not prevent the merger or dissolution of any existing cities as provided by law or the merger of any remaining cities with the newly consolidated local government.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 201, sec. 3, effective July 14, 2022. — Created
2000 Ky. Acts ch. 189, sec. 6, effective July 14, 2000.