81A.440 Reduction of boundaries.
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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 <br>ordinance shall accurately define the boundaries of the area to be stricken <br>from the corporate limits of the city, and shall provide that the question of <br>reduction of boundaries shall be submitted to the registered voters of the area <br>to be stricken from the city at the next regular election. A copy of the <br>ordinance shall be sent to the county clerk who shall have prepared, for <br>presentation to the voters located within the area to be stricken, the question: <br>"Are you in favor of being stricken from the City of .........., and becoming part <br>of the unincorporated area of the county?" The election shall be held at the <br>next regular election if the ordinance is filed with the county clerk not later <br>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 <br>certification of the election, shall enact an ordinance declaring the area to be <br>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: <br>(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 <br>area. The ordinance shall accurately define the boundary of the uninhabited <br>territory proposed to be stricken, and declare its intention to strike this <br>uninhabited territory. The clerk of the legislative body of the city shall send a <br>copy of this ordinance to the county judge/executive of the territory to be <br>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 <br>stricken, if no ordinance objecting to the striking of the territory is received <br>from the legislative body of the county encompassing the territory to be <br>stricken, the legislative body may enact a second ordinance striking the <br>territory described in the ordinance. Upon the enactment of this ordinance, the <br>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 <br>the city. The legislative body of the county encompassing the territory to be <br>stricken may pass an ordinance objecting to the striking of the territory from <br>the city's boundaries. The clerk of the legislative body of the county shall send <br>a copy of this ordinance objecting to the striking of territory to the mayor of <br>the city striking the territory by certified mail, return receipt requested. This <br>ordinance objecting to the striking of the territory shall prevent the city from <br>striking that territory from its boundaries. Failure to pass an ordinance
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objecting to the striking of the territory shall constitute acceptance of the city's <br>decision to strike the territory.
Effective: March 16, 2005 <br>History: Amended 2005 Ky. Acts ch. 78, sec. 1, effective March 16, 2005. -- Amended
1996 Ky. Acts ch. 195, sec. 44, effective July 15, 1996. -- Amended 1984 Ky. Acts <br>ch. 416, sec. 18, effective July 13, 1984. -- Created 1980 Ky. Acts ch. 303, sec. 5, <br>effective July 15, 1980.
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