KRS § 81A.005 — KY Code / Title IX / Chapter 81A / Section 81A.005
81A.005 Annexation by city of first class that has in effect a cooperative compact with its county
Status: repealed

81A.005 Annexation by city of first class that has in effect a cooperative compact

with its county.

(1) When a city of the first class, which has in effect a compact with the county

pursuant to KRS 79.310 to 79.330, desires to annex unincorporated territory, the

legislative body of the city shall enact an ordinance stating the intention of the city

to annex. If an ordinance proposing to annex unincorporated territory has been

enacted prior to July 15, 1986, and the ordinance annexing the territory to the city

has not been enacted, then in order for the city to annex the territory during the time

the compact is in effect, the legislative body of the city shall reenact the ordinance

only including the same territory as the original and stating the intention of the city

to annex. Such ordinances shall accurately define the boundary of the

unincorporated territory proposed to be annexed, and declare it desirable to annex

the unincorporated territory.

(2) The mayor of the city shall deliver a certified copy of the ordinance to the county

clerk of the county in which the territory proposed to be annexed is located, who

shall have prepared to be placed before the voters in each precinct embraced in

whole or in part within the territory proposed to be annexed the question: "Are you

in favor of being annexed to the city of _________?" If only a part of any precinct is

embraced within the territory proposed to be annexed only persons who reside

within the territory proposed to be annexed shall be permitted to vote. The question

shall be submitted to the voters 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. The clerk shall cause the sheriff or sheriffs to deliver to the election

officers in each precinct in the appropriate counties copies of the ordinance

proposing to annex:

(a) If more than fifty percent (50%) of those voting on the question approve of the

annexation, the legislative body may proceed to annex the territory. Within

sixty (60) days of the certification of the election results in which more than

fifty percent (50%) of those voting in the election approved the annexation,

the legislative body of the city may enact an ordinance annexing to the city the

territory described in the ordinance. Upon enactment of the ordinance the

territory shall become part of the city for all purposes; or

(b) If fifty percent (50%) or less of those voting on the question approve the

annexation, the ordinance proposing annexation shall become ineffectual for

any purpose, subject to the provisions of KRS 81A.460.

(3) Once the ordinance stating the intention of the city to annex an area has been given

its first reading or enacted by the city legislative body, no part of such area may be

incorporated or be annexed by another city, unless such incorporation or annexation

is pending at the time the ordinance is given its first reading, until the annexation

proposal by the city of the first class is defeated pursuant to subsection (2) of this

section or until the ordinance is withdrawn, repealed, or amended as to the area to

be annexed according to subsection (4) of this section. This subsection shall apply

to any proposing ordinance which has had a first reading or has been enacted as of

January 1, 1986. Notwithstanding anything to the contrary in this subsection, any

annexation by a city other than the first class or incorporation prior to January 1,

1986, shall not be nullified by the application of KRS 79.310 to 79.330; provided,

however, that any city of the first class shall retain any legal annexation priorities

which existed on January 1, 1986, to the territory so annexed or incorporated. All

pending litigation challenging annexation of a specific unincorporated territory by

the city of the first class arising from ordinances proposing to annex such territory

enacted prior to July 15, 1986, shall, at the discretion of the court, be remanded on

the docket of the appropriate court without prejudice during the term of the

compact.

(4) The legislative body of the city may elect to amend the description of the territory

proposed to be annexed under an ordinance stating the intention of the city to annex

an area as described in subsection (1) of this section at any time after June 1, 1998,

and prior to September 30, 1998, for the purpose of excluding a specific area or

areas from the ordinance in order to permit these areas to be annexed by an abutting

city located in the county according to KRS 81A.412. Amendment of the ordinance

according to this subsection shall not affect the priority granted this annexation

proposal according to subsection (3) of this section.