KRS § 81A.440 — KY Code / Title IX / Chapter 81A / Section 81A.440
81A.440 Reduction of boundaries
Status: in_force

81A.440 Reduction of boundaries.

(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.