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67C.101 Election to approve consolidation of county and city of the first class -- Powers, privileges, and jurisdiction of consolidated local government.

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Download pdfLoading PDF... var pdf_url = 'http://law.justia.com/codes/kentucky/2009/067C00/pdf/101.pdf'; $(document).ready(function() { var embedwindow = $("#embed_document"); if ($.browser.msie){ embedwindow.html(''); } else { embedwindow.html(''); } }); Page 1 of 2 67C.101 Electiontoapproveconsolidationofcountyandcityofthefirstclass-- Powers, privileges, and jurisdiction of consolidated local government. (1)The governmental and corporate functions vested in any city of the first class shall, uponapprovalbythevotersofthecountyataregularorspecialelection,be consolidatedwiththegovernmentalandcorporatefunctionsofthecounty containingthecity.Thissinglegovernmentreplacesandsupersedesthe governments of the pre-existing city of the first class and its county. (2)(a)Aconsolidatedlocalgovernmentshallhaveallpowersandprivilegesthat cities of the first class and their counties are, or may hereafter be, authorized to exercise under the Constitution and the general laws of the Commonwealth of Kentucky, including but not limited to those powers granted to cities of the first class and their counties under their respective home rule powers. (b)A consolidated local government shall continue to exercise these powers and privilegesnotwithstandingrepealoramendmentofanyofthelawsupon whichthepowersandprivilegesarebasedunlessexpresslyrepealedor amended for consolidated local governments. (c)Inaddition,aconsolidatedlocalgovernmentshallhaveotherpowersand privilegesasthegovernmentmaybeauthorizedtoexerciseunderthe Constitution and general laws of the Commonwealth of Kentucky. (d)Aconsolidatedlocalgovernmentisneitheracitygovernmentnoracounty government as those forms of government exist on July 15, 2002, but it is a separateclassificationofgovernmentwhichpossessthegreaterpowers conferred upon, and issubjecttothe lesser restrictions applicable to, county governmentandcitiesofthefirstclassundertheConstitutionandgeneral laws of the Commonwealth of Kentucky. (e)Aconsolidatedlocalgovernmentshallbeaccordedthesamesovereign immunity granted counties, their agencies, officers, and employees. (3)A consolidated local government shall have power and authority to: (a)Levy and collect taxes upon all property taxable for state purposes within the territorial limits of the consolidated local government not exempt by law from taxation; (b)License,tax,andregulateprivileges,occupations,trades,andprofessions authorized by law, to be uniform throughout the jurisdiction; (c)Make appropriations for the support of the consolidated local government and provideforthepaymentofalldebtsandexpensesoftheconsolidatedlocal government and the debts and expenses of the county and city of which it is the successor; (d)Issueorcausetobeissuedbondsandotherdebtinstrumentsthatcounties containing a city of the first class are authorized to issue or enter into all other financial transactions as may be permitted by law; (e)Purchase,lease,construct,maintain,orotherwiseacquire,hold,use,and operate any property, real or personal, for any public purpose, and sell, lease, Page 2 of 2 orotherwisedisposeofanyproperty,realorpersonal,belongingtoa consolidated local government; (f)Exercise the power of eminent domain for any public purpose subject to the limitations and exceptions prescribed by the Constitution and the general laws of the Commonwealth of Kentucky; (g)Accept federal or state funds and other sources of revenue that are applicable to counties and cities of the first class; (h)Establish,erect,maintain,andoperatefacilitiesfortheconfinement, detention,andrehabilitationofpersonsconvictedoftheviolationofthe ordinancesandlawsofaconsolidatedlocalgovernmentorthe Commonwealth of Kentucky; (i)Passandenforcebyfinesandpenalties,ifnecessary,allordinances,not inconsistentwithlaw,asareexpedientinmaintainingthepeace,good government, health, and welfare of the inhabitants of the county and prevent, abate, and remove nuisances; (j)Collectanddisposeofgarbage,junk,andotherrefuse,andregulatethe collection and disposal of garbage, junk, and other refuse by others; (k)Providefortheredevelopment,renewal,orrehabilitationofblighted, deteriorated, or dilapidated areas; (l)Enforce zoning regulations; (m)Enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (n)Adoptproceduresforcollectivebargainingwithitsemployeesandforthe certificationofexclusivebargainingagentsforgroupsofemployeesin accordance withthe Constitution and general laws of the Commonwealth of Kentucky and its ordinances; and (o)Exercise all other powers and authorities granted to counties and cities of the first class by the general laws of the Commonwealth of Kentucky. (4)Thepowersoftheconsolidatedlocalgovernmentshallbeconstruedbroadlyin favoroftheconsolidatedlocalgovernment.Thespecificmention,orfailureto mention,ofparticularpowersinthissectionshallnotbeconstruedaslimitingin any way the general or specific powers of a consolidated local government. (5)A consolidated local government shall have power and jurisdiction throughout the total area embraced by the official jurisdictional boundaries of the county. (6)Aconsolidatedlocalgovernmentshallbeknownas............../.....................County Metro Government, which shall be the combination of the names of the largest city in existence on the date of the adoption of the consolidated local government and the county. Effective:July 15, 2002 History:Amended 2002 Ky. Acts ch. 346, sec. 53, effective July 15, 2002. -- Created 2000 Ky. Acts ch. 189, sec. 1, effective July 14, 2000.
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    Page 1 of 2 67C.101 Election to approve consolidation of county and city of the first class -- Powers, privileges, and jurisdiction of consolidated local government. (1) The governmental and corporate functions vested in any city of the first class shall, upon approval by the voters of the county at a regular or special election, be
    consolidated with the governmental and corporate functions of the county
    containing the city. This single government replaces and supersedes the
    governments of the pre-existing city of the first class and its county. (2) (a) A consolidated local government shall have all powers and privileges that cities of the first class and their counties are, or may hereafter be, authorized
    to exercise under the Constitution and the general laws of the Commonwealth
    of Kentucky, including but not limited to those powers granted to cities of the
    first class and their counties under their respective home rule powers. (b) A consolidated local government shall continue to exercise these powers and privileges notwithstanding repeal or amendment of any of the laws upon
    which the powers and privileges are based unless expressly repealed or
    amended for consolidated local governments. (c) In addition, a consolidated local government shall have other powers and privileges as the government may be authorized to exercise under the
    Constitution and general laws of the Commonwealth of Kentucky. (d) A consolidated local government is neither a city government nor a county government as those forms of government exist on July 15, 2002, but it is a
    separate classification of government which possess the greater powers
    conferred upon, and is subject to the lesser restrictions applicable to, county
    government and cities of the first class under the Constitution and general
    laws of the Commonwealth of Kentucky. (e) A consolidated local government shall be accorded the same sovereign immunity granted counties, their agencies, officers, and employees. (3) A consolidated local government shall have power and authority to: (a) Levy and collect taxes upon all property taxable for state purposes within the territorial limits of the consolidated local government not exempt by law from
    taxation; (b) License, tax, and regulate privileges, occupations, trades, and professions authorized by law, to be uniform throughout the jurisdiction; (c) Make appropriations for the support of the consolidated local government and provide for the payment of all debts and expenses of the consolidated local
    government and the debts and expenses of the county and city of which it is
    the successor; (d) Issue or cause to be issued bonds and other debt instruments that counties containing a city of the first class are authorized to issue or enter into all other
    financial transactions as may be permitted by law; (e) Purchase, lease, construct, maintain, or otherwise acquire, hold, use, and operate any property, real or personal, for any public purpose, and sell, lease, Page 2 of 2 or otherwise dispose of any property, real or personal, belonging to a
    consolidated local government; (f) Exercise the power of eminent domain for any public purpose subject to the limitations and exceptions prescribed by the Constitution and the general laws
    of the Commonwealth of Kentucky; (g) Accept federal or state funds and other sources of revenue that are applicable to counties and cities of the first class; (h) Establish, erect, maintain, and operate facilities for the confinement, detention, and rehabilitation of persons convicted of the violation of the
    ordinances and laws of a consolidated local government or the
    Commonwealth of Kentucky; (i) Pass and enforce by fines and penalties, if necessary, all ordinances, not inconsistent with law, as are expedient in maintaining the peace, good
    government, health, and welfare of the inhabitants of the county and prevent,
    abate, and remove nuisances; (j) Collect and dispose of garbage, junk, and other refuse, and regulate the collection and disposal of garbage, junk, and other refuse by others; (k) Provide for the redevelopment, renewal, or rehabilitation of blighted, deteriorated, or dilapidated areas; (l) Enforce zoning regulations;
    (m) Enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (n) Adopt procedures for collective bargaining with its employees and for the certification of exclusive bargaining agents for groups of employees in
    accordance with the Constitution and general laws of the Commonwealth of
    Kentucky and its ordinances; and (o) Exercise all other powers and authorities granted to counties and cities of the first class by the general laws of the Commonwealth of Kentucky. (4) The powers of the consolidated local government shall be construed broadly in favor of the consolidated local government. The specific mention, or failure to
    mention, of particular powers in this section shall not be construed as limiting in
    any way the general or specific powers of a consolidated local government. (5) A consolidated local government shall have power and jurisdiction throughout the total area embraced by the official jurisdictional boundaries of the county. (6) A consolidated local government shall be known as............../.....................County Metro Government, which shall be the combination of the names of the largest city
    in existence on the date of the adoption of the consolidated local government and
    the county. Effective: July 15, 2002
    History: Amended 2002 Ky. Acts ch. 346, sec. 53, effective July 15, 2002. -- Created 2000 Ky. Acts ch. 189, sec. 1, effective July 14, 2000.

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