KRS § 67C.115 — KY Code / Title IX / Chapter 67C / Section 67C.115
67C.115 Continued existence of laws of county and of city of the first class after consolidation -- Resolution of conflicts between existing laws -- Enactment of new laws for consolidated local government -- County attorney to serve as legal adviser -- Exception -- Meaning given to titles in ordinances
Status: repealed

67C.115 Continued existence of laws of county and of city of the first class after

consolidation -- Resolution of conflicts between existing laws -- Enactment of

new laws for consolidated local government -- County attorney to serve as legal

adviser -- Exception -- Meaning given to titles in ordinances.

(1) Upon the successful passage of the question to consolidate a city of the first class

and its county, all ordinances and resolutions of the previously existing city of the

first class and all ordinances and resolutions of the county shall become effective

ordinances and resolutions of the consolidated local government until repealed,

modified, or amended in accordance with the following order of precedence:

(a) If a city ordinance conflicts with a county ordinance, the county ordinance

shall prevail and shall become effective countywide; and

(b) If a city ordinance addresses a subject matter not addressed by a county

ordinance, the city ordinance shall become effective countywide; and

(c) If a county ordinance addresses a subject matter not addressed by a city

ordinance, the county ordinance shall become effective countywide.

Notwithstanding paragraph (a) of this subsection and in the event a uniform land

development code has not been jointly adopted by the city and county prior to the

effective date of a consolidated local government, the historic preservation and

landmarks ordinances, and the zoning regulations of the city adopted pursuant to

KRS Chapter 100, shall prevail and become effective countywide.

(2) Ordinances and resolutions of either the city of the first class or its county in

existence on the effective date of a local government consolidation which conflict

with other provisions of this chapter shall be void. Except as provided in KRS

67C.123(3), any ordinance, resolution, or order in effect in a city of the first class or

its county on the date a consolidated local government takes effect shall expire five

(5) years from that date unless amended or reenacted by the consolidated local

government.

(3) All ordinances of the city and county creating agencies and boards and interlocal

agreements shall survive and be deemed reenacted by the council. All members may

serve the balance of the terms to which they were appointed and until their

successors are appointed and duly qualified according to law.

(4) For purposes of this section, a conflict shall be deemed to exist between ordinances

or resolutions, or the provisions of this chapter, where any rights, remedies,

entitlements, or the enforcement thereof cannot reasonably be reconciled.

(5) The county attorney shall serve as the legal advisor and representative to the

consolidated local government, except for those duties pertaining to fiscal court.

The county attorney shall retain and exercise all other duties, powers, and rights

delegated to that office by law, excluding the power to approve legislation prior to

its consideration by the legislative body of the consolidated local government. The

county attorney may provide an opinion on the form, legality, or constitutionality of

any legislative action, but that opinion shall only be an advisory opinion. This

subsection does not prevent the consolidated local government council from

retaining its own legal counsel for advice and consultation should they choose to do

so.

(6) Wherever the words "county judge" or "county judge/executive" appear in any

resolution or ordinance in existence in a city of the first class or in a county

containing a city of the first class as of the effective date of the establishment of a

consolidated local government, they shall be deemed to mean the mayor of the

consolidated local government.