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67C.115 Continued existence of laws of county and of city of the first class after consolidation -- Resolution of conflicts between existing laws -- Enactment of new laws for consolidated local govern

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Download pdfLoading PDF... var pdf_url = 'http://law.justia.com/codes/kentucky/2009/067C00/pdf/115.pdf'; $(document).ready(function() { var embedwindow = $("#embed_document"); if ($.browser.msie){ embedwindow.html(''); } else { embedwindow.html(''); } }); Page 1 of 2 67C.115 Continuedexistenceoflawsofcountyandofcityofthefirstclassafter consolidation--Resolutionof conflicts between existing laws-- Enactment of new laws for consolidated local government -- County attorney to serve as legal adviser -- Exception -- Meaning given to titles in ordinances. (1)Upon the successful passage of the question to consolidate a city of the first class and its county, all ordinances and resolutions of the previously existing city of the firstclassandallordinancesand resolutionsof the county shall become effective ordinancesandresolutionsoftheconsolidatedlocalgovernmentuntilrepealed, modified, or amended in accordance with the following order of precedence: (a)Ifacityordinanceconflictswithacountyordinance,thecountyordinance shall prevail and shall become effective countywide; and (b)Ifacityordinanceaddressesasubjectmatternotaddressedbyacounty ordinance, the city ordinance shall become effective countywide; and (c)Ifacountyordinanceaddressesasubjectmatternotaddressedbyacity ordinance, the county ordinance shall become effective countywide. Notwithstandingparagraph(a)ofthissubsectionandintheeventauniformland development code has not been jointly adopted by the city and county prior to the effectivedateofaconsolidatedlocalgovernment,thehistoricpreservationand landmarksordinances,andthezoningregulationsofthecityadoptedpursuantto KRS Chapter 100, shall prevail and become effective countywide. (2)Ordinancesandresolutionsofeitherthecityofthefirstclassoritscountyin existence on the effective date of a local government consolidation which conflict withotherprovisionsofthischaptershallbevoid.ExceptasprovidedinKRS 67C.123(3), any ordinance, resolution, or order in effect in a city of the first class or its county on the date a consolidated local government takes effect shall expire five (5)yearsfromthatdateunlessamendedorreenactedbytheconsolidatedlocal government. (3)Allordinancesofthecityandcountycreatingagenciesandboardsandinterlocal agreements shall survive and be deemed reenacted by the council. All members may servethebalanceofthetermstowhichtheywereappointedanduntiltheir successors are appointed and duly qualified according to law. (4)For purposes of this section, a conflict shall be deemed to exist between ordinances orresolutions,ortheprovisionsofthischapter,whereanyrights,remedies, entitlements, or the enforcement thereof cannot reasonably be reconciled. (5)Thecountyattorneyshallserveasthelegaladvisorandrepresentativetothe consolidated local government and except for those duties pertaining to fiscal court setforthinKRS69.210,thecountyattorneyshallretainandexerciseallother duties, powers, and rights delegated to that office by law. (6)Whereverthewords"countyjudge"or"countyjudge/executive"appearinany resolutionorordinanceinexistenceinacityofthefirstclassorinacounty containing a city of the first class as of the effective date of the establishment of a consolidatedlocalgovernment,theyshallbedeemedtomeanthemayorofthe consolidated local government. Page 2 of 2 Effective:July 13, 2004 History:Amended 2004 Ky. Acts ch. 104, sec. 2, effective July 13, 2004. -- Amended 2002Ky.Actsch. 346,sec. 58,effectiveJuly15,2002.--Created2000Ky.Acts ch. 189, sec. 8, effective July 14, 2000.
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    Page 1 of 2 67C.115 Continued existence of laws of county and of city of the first class after consolidation -- Resolution of conflicts between existing laws -- Enactment of
    new laws for consolidated local government -- County attorney to serve as legal
    adviser -- Exception -- Meaning given to titles in ordinances. (1) Upon the successful passage of the question to consolidate a city of the first class and its county, all ordinances and resolutions of the previously existing city of the
    first class and all ordinances and resolutions of the county shall become effective
    ordinances and resolutions of the consolidated local government until repealed,
    modified, or amended in accordance with the following order of precedence:
    (a) If a city ordinance conflicts with a county ordinance, the county ordinance shall prevail and shall become effective countywide; and (b) If a city ordinance addresses a subject matter not addressed by a county ordinance, the city ordinance shall become effective countywide; and (c) If a county ordinance addresses a subject matter not addressed by a city ordinance, the county ordinance shall become effective countywide. Notwithstanding paragraph (a) of this subsection and in the event a uniform land
    development code has not been jointly adopted by the city and county prior to the
    effective date of a consolidated local government, the historic preservation and
    landmarks ordinances, and the zoning regulations of the city adopted pursuant to
    KRS Chapter 100, shall prevail and become effective countywide. (2) Ordinances and resolutions of either the city of the first class or its county in existence on the effective date of a local government consolidation which conflict
    with other provisions of this chapter shall be void. Except as provided in KRS
    67C.123(3), any ordinance, resolution, or order in effect in a city of the first class or
    its county on the date a consolidated local government takes effect shall expire five
    (5) years from that date unless amended or reenacted by the consolidated local
    government. (3) All ordinances of the city and county creating agencies and boards and interlocal agreements shall survive and be deemed reenacted by the council. All members may
    serve the balance of the terms to which they were appointed and until their
    successors are appointed and duly qualified according to law. (4) For purposes of this section, a conflict shall be deemed to exist between ordinances or resolutions, or the provisions of this chapter, where any rights, remedies,
    entitlements, or the enforcement thereof cannot reasonably be reconciled. (5) The county attorney shall serve as the legal advisor and representative to the consolidated local government and except for those duties pertaining to fiscal court
    set forth in KRS 69.210, the county attorney shall retain and exercise all other
    duties, powers, and rights delegated to that office by law. (6) Wherever the words "county judge" or "county judge/executive" appear in any resolution or ordinance in existence in a city of the first class or in a county
    containing a city of the first class as of the effective date of the establishment of a
    consolidated local government, they shall be deemed to mean the mayor of the
    consolidated local government. Page 2 of 2 Effective: July 13, 2004
    History: Amended 2004 Ky. Acts ch. 104, sec. 2, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 346, sec. 58, effective July 15, 2002. -- Created 2000 Ky. Acts
    ch. 189, sec. 8, effective July 14, 2000.

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