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67C.103 Consolidated local government council -- Council districts -- Redistricting following decennial census -- Terms, qualifications, and election of members and president -- Regular and special me

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Download pdfLoading PDF... var pdf_url = 'http://law.justia.com/codes/kentucky/2009/067C00/pdf/103.pdf'; $(document).ready(function() { var embedwindow = $("#embed_document"); if ($.browser.msie){ embedwindow.html(''); } else { embedwindow.html(''); } }); Page 1 of 3 67C.103 Consolidated local government council -- Council districts -- Redistricting followingdecennialcensus--Terms,qualifications,andelectionofmembers andpresident--Regularandspecialmeetings--Noticerequirements-- Ordinances -- Vacancies -- Legislative powers -- Name of council. (1)Thelegislativeauthorityofaconsolidatedlocalgovernment,exceptasotherwise specifiedinKRS67C.101to67C.137,shallbevestedinaconsolidatedlocal government council. The members of the council shall be nominated and elected by district.Thereshallbeonlyone(1)councilmemberelectedfromeachcouncil district. (2)There shall be twenty-six (26) council districts. The initial boundaries, population, andnumericaldesignationofthecouncildistrictsshallbeasspecifiedbyKRS 67C.135.Thepopulationofthecouncildistrictsshallbeasnearlyequalasis reasonably possible. For any newly consolidated local governments whose officials takeofficein2003,upontakingoffice,thelegislativecouncilmaytakeactionto adjusttheboundariesandpopulationofthedistrictsinordertoequalizethe populationofthedistrictswhichmayhavechangedasaresultofrecentcensus information. Any changes made to alter the boundaries of council districts shall be basedonthepopulationofthecountyasdeterminedbythemostrecentUnited States Census or official census estimates as provided by the United States Bureau of the Census. (3)FollowingtheofficialpublicationofeachdecennialcensusbytheUnitedStates Bureau of the Census for the area embraced by a consolidated local government, the council shall adopt an ordinance, if necessary, to redistrict the council districts. A redistrictingordinanceshallprovideforthedistributionofpopulationamongthe councildistrictsasnearlyequalasisreasonablypossible.Everycouncildistrict shallbecompactandcontiguousandshallrespectexistingneighborhood, community, and city boundaries whenever possible. (4)The consolidated local government council members shall serve for a term of four (4) years beginning on the first Monday in January following their election except that the initial election of council members shall be in a manner as to provide for staggeredtermsforcouncilmembers.Attheinitialelectionofthemembersofa consolidated local government council, those representing even-numbered districts shall be elected for a two (2) year term. Those representing odd-numbered districts shallbeelectedfor a four (4) year term.Thereafter, all council members shall be elected for four (4) year terms. (5)Themembersofaconsolidatedlocalgovernmentcouncilshallbenominated and elected from the district in which they reside in partisan elections. After the initial termsofofficeofthefirstelectedcouncilmembers,councilmembersshallbe elected in the same election years as other local government officials as regulated by the regular election laws of the Commonwealth and as provided in subsection (4) of this section. (6)No person shall be eligible to serve as a member of a consolidated local government council unless he or she is at least twenty-one (21) years old, a qualified voter, and a residentwithintheterritoryoftheconsolidatedlocalgovernmentandthedistrict Page 2 of 3 that he or she seeks to represent for at least one (1) year immediately prior to the person's election. A council member shall continue to reside within the district from which he or she was elected throughout the term of office. (7)Thepresidingofficerofaconsolidatedlocalgovernmentcouncilshallbea president who shall be chosen annually by a majority vote of the entire council from amongitsmembersatthefirstmeetingofthecouncilinJanuary.Thecouncil president has the right to introduce any resolution or recommend any ordinance and shall be entitled to vote on all matters. (8)The consolidated local government council shall upon notice meet within seven (7) days after its members have taken office, and shall thereafter hold at least two (2) regularmeetingspermonth.No newspaper notice shall be required for regular or special meetings of the consolidated local government council. However, notice of all meetings of the council and all meetings of committees of the council shall be held pursuant to KRS 61.805 to 61.850. (9)Amajorityofthemembersoftheconsolidatedlocalgovernmentcouncilshall constituteaquorum,butasmallernumbermayadjournfromdaytoday.The consolidated local government council may enforce the attendance of members by rulesorordinanceswithappropriatefines.Themayorortwo-thirds(2/3)ofthe entire membership of the council may call a special meeting at any time. Meetings shallbeheldinsuchplacesinthecountyasareprovidedbyordinance,andthe place of meetings shall not be changed except by an ordinance for which two-thirds (2/3) of the members of the consolidated local government council have voted. (10)Thecouncilshalldetermineitsownrulesandorderofbusiness,andkeepand provideapublicrecordofitsproceedings.Thecouncilshallprovideforthe publication of all ordinances in a composite code of ordinances. (11)Councilordinancesthatprescribepenaltiesfortheirviolationshallbeenforced through the entire area of the consolidated local government unless: (a)Otherwise provided by statute; or (b)The legislative body of any city within the consolidated local government area hasadoptedanordinancepertainingtothesamesubjectmatterthatisthe same as or more stringent than the standards set forth in the consolidated local government's ordinance. (12)In the case of a vacancy on the consolidated local government council by reason of death,resignation, or removal, the council by majority vote of the membership of the council shall elect a qualified resident of the council district not later than thirty (30)daysafterthedatethevacancyoccurs.Shouldthecouncilfailtoelect,by majorityvoteofthemembershipofthecouncil,aqualifiedpersontofillthe vacancywithinthirty(30)days,themayoroftheconsolidatedlocalgovernment shall fill the vacancy by appointment of a qualified person for the unexpired term. (13)Alllegislativepowersofaconsolidatedlocalgovernmentarevestedinthe consolidatedlocalgovernmentcouncil.Theterm"legislativepower"istobe construed broadly and shall include the power to: Page 3 of 3 (a)Enact ordinances, orders, and resolutions, and override a veto of the mayor by a two-thirds (2/3) majority of the membership of the legislative council; (b)Reviewthebudgetsofandappropriatemoneytotheconsolidatedlocal government; (c)Adopt a budget ordinance; (d)Levy taxes, subject to the limitations of the Constitution and the laws of the Commonwealth of Kentucky; (e)Establish standing and temporary committees; and (f)Makeindependentauditsandinvestigationsconcerningtheaffairsofthe consolidated local government. (14)The consolidated local government council shall be known as the legislative council of...................../...................CountyMetroGovernment,whichshallbea combination of the names of the largest city in existence in the county 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. 54, effective July 15, 2002. -- Created 2000 Ky. Acts ch. 189, sec. 2, effective July 14, 2000.
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    Page 1 of 3 67C.103 Consolidated local government council -- Council districts -- Redistricting following decennial census -- Terms, qualifications, and election of members
    and president -- Regular and special meetings -- Notice requirements --
    Ordinances -- Vacancies -- Legislative powers -- Name of council. (1) The legislative authority of a consolidated local government, except as otherwise specified in KRS 67C.101 to 67C.137, shall be vested in a consolidated local
    government council. The members of the council shall be nominated and elected by
    district. There shall be only one (1) council member elected from each council
    district. (2) There shall be twenty-six (26) council districts. The initial boundaries, population, and numerical designation of the council districts shall be as specified by KRS
    67C.135. The population of the council districts shall be as nearly equal as is
    reasonably possible. For any newly consolidated local governments whose officials
    take office in 2003, upon taking office, the legislative council may take action to
    adjust the boundaries and population of the districts in order to equalize the
    population of the districts which may have changed as a result of recent census
    information. Any changes made to alter the boundaries of council districts shall be
    based on the population of the county as determined by the most recent United
    States Census or official census estimates as provided by the United States Bureau
    of the Census. (3) Following the official publication of each decennial census by the United States Bureau of the Census for the area embraced by a consolidated local government, the
    council shall adopt an ordinance, if necessary, to redistrict the council districts. A
    redistricting ordinance shall provide for the distribution of population among the
    council districts as nearly equal as is reasonably possible. Every council district
    shall be compact and contiguous and shall respect existing neighborhood,
    community, and city boundaries whenever possible. (4) The consolidated local government council members shall serve for a term of four (4) years beginning on the first Monday in January following their election except
    that the initial election of council members shall be in a manner as to provide for
    staggered terms for council members. At the initial election of the members of a
    consolidated local government council, those representing even-numbered districts
    shall be elected for a two (2) year term. Those representing odd-numbered districts
    shall be elected for a four (4) year term. Thereafter, all council members shall be
    elected for four (4) year terms. (5) The members of a consolidated local government council shall be nominated and elected from the district in which they reside in partisan elections. After the initial
    terms of office of the first elected council members, council members shall be
    elected in the same election years as other local government officials as regulated by
    the regular election laws of the Commonwealth and as provided in subsection (4) of
    this section. (6) No person shall be eligible to serve as a member of a consolidated local government council unless he or she is at least twenty-one (21) years old, a qualified voter, and a
    resident within the territory of the consolidated local government and the district Page 2 of 3 that he or she seeks to represent for at least one (1) year immediately prior to the
    person's election. A council member shall continue to reside within the district from
    which he or she was elected throughout the term of office. (7) The presiding officer of a consolidated local government council shall be a president who shall be chosen annually by a majority vote of the entire council from
    among its members at the first meeting of the council in January. The council
    president has the right to introduce any resolution or recommend any ordinance and
    shall be entitled to vote on all matters. (8) The consolidated local government council shall upon notice meet within seven (7) days after its members have taken office, and shall thereafter hold at least two (2)
    regular meetings per month. No newspaper notice shall be required for regular or
    special meetings of the consolidated local government council. However, notice of
    all meetings of the council and all meetings of committees of the council shall be
    held pursuant to KRS 61.805 to 61.850. (9) A majority of the members of the consolidated local government council shall constitute a quorum, but a smaller number may adjourn from day to day. The
    consolidated local government council may enforce the attendance of members by
    rules or ordinances with appropriate fines. The mayor or two-thirds (2/3) of the
    entire membership of the council may call a special meeting at any time. Meetings
    shall be held in such places in the county as are provided by ordinance, and the
    place of meetings shall not be changed except by an ordinance for which two-thirds
    (2/3) of the members of the consolidated local government council have voted. (10) The council shall determine its own rules and order of business, and keep and provide a public record of its proceedings. The council shall provide for the
    publication of all ordinances in a composite code of ordinances. (11) Council ordinances that prescribe penalties for their violation shall be enforced through the entire area of the consolidated local government unless:
    (a) Otherwise provided by statute; or
    (b) The legislative body of any city within the consolidated local government area has adopted an ordinance pertaining to the same subject matter that is the
    same as or more stringent than the standards set forth in the consolidated local
    government's ordinance. (12) In the case of a vacancy on the consolidated local government council by reason of death, resignation, or removal, the council by majority vote of the membership of
    the council shall elect a qualified resident of the council district not later than thirty
    (30) days after the date the vacancy occurs. Should the council fail to elect, by
    majority vote of the membership of the council, a qualified person to fill the
    vacancy within thirty (30) days, the mayor of the consolidated local government
    shall fill the vacancy by appointment of a qualified person for the unexpired term. (13) All legislative powers of a consolidated local government are vested in the consolidated local government council. The term "legislative power" is to be
    construed broadly and shall include the power to: Page 3 of 3 (a) Enact ordinances, orders, and resolutions, and override a veto of the mayor by a two-thirds (2/3) majority of the membership of the legislative council; (b) Review the budgets of and appropriate money to the consolidated local government; (c) Adopt a budget ordinance;
    (d) Levy taxes, subject to the limitations of the Constitution and the laws of the Commonwealth of Kentucky; (e) Establish standing and temporary committees; and
    (f) Make independent audits and investigations concerning the affairs of the consolidated local government. (14) The consolidated local government council shall be known as the legislative council of ...................../................... County Metro Government, which shall be a
    combination of the names of the largest city in existence in the county 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. 54, effective July 15, 2002. -- Created 2000 Ky. Acts ch. 189, sec. 2, effective July 14, 2000.

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