State Codes and Statutes

State Codes and Statutes

Statutes > Kentucky > 067C00 > 115

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</p> <p>Page 1 of 2<br /> 67C.115 Continued existence of laws of county and of city of the first class after<br /> consolidation &#8212; Resolution of conflicts between existing laws &#8212; Enactment of <br />new laws for consolidated local government &#8212; County attorney to serve as legal <br />adviser &#8212; Exception &#8212; Meaning given to titles in ordinances.<br /> (1) Upon the successful passage of the question to consolidate a city of the first class<br /> and its county, all ordinances and resolutions of the previously existing city of the <br />first class and all ordinances and resolutions of the county shall become effective <br />ordinances and resolutions of the consolidated local government until repealed, <br />modified, or amended in accordance with the following order of precedence: <br />(a) If a city ordinance conflicts with a county ordinance, the county ordinance<br /> shall prevail and shall become effective countywide; and<br /> (b) If a city ordinance addresses a subject matter not addressed by a county<br /> ordinance, the city ordinance shall become effective countywide; and<br /> (c) If a county ordinance addresses a subject matter not addressed by a city<br /> ordinance, the county ordinance shall become effective countywide. </p> <p>Notwithstanding paragraph (a) of this subsection and in the event a uniform land <br />development code has not been jointly adopted by the city and county prior to the <br />effective date of a consolidated local government, the historic preservation and <br />landmarks ordinances, and the zoning regulations of the city adopted pursuant to <br />KRS Chapter 100, shall prevail and become effective countywide.<br /> (2) Ordinances and resolutions of either the city of the first class or its county in<br /> existence on the effective date of a local government consolidation which conflict <br />with other provisions of this chapter shall be void. Except as provided in KRS <br />67C.123(3), any ordinance, resolution, or order in effect in a city of the first class or <br />its county on the date a consolidated local government takes effect shall expire five <br />(5) years from that date unless amended or reenacted by the consolidated local <br />government.<br /> (3) All ordinances of the city and county creating agencies and boards and interlocal<br /> agreements shall survive and be deemed reenacted by the council. All members may <br />serve the balance of the terms to which they were appointed and until their <br />successors are appointed and duly qualified according to law.<br /> (4) For purposes of this section, a conflict shall be deemed to exist between ordinances<br /> or resolutions, or the provisions of this chapter, where any rights, remedies, <br />entitlements, or the enforcement thereof cannot reasonably be reconciled.<br /> (5) The county attorney shall serve as the legal advisor and representative to the<br /> consolidated local government and except for those duties pertaining to fiscal court <br />set forth in KRS 69.210, the county attorney shall retain and exercise all other <br />duties, powers, and rights delegated to that office by law.<br /> (6) Wherever the words &quot;county judge&quot; or &quot;county judge/executive&quot; appear in any<br /> resolution or ordinance in existence in a city of the first class or in a county <br />containing a city of the first class as of the effective date of the establishment of a <br />consolidated local government, they shall be deemed to mean the mayor of the <br />consolidated local government. </p> <p>Page 2 of 2<br /> Effective: July 13, 2004 <br />History: Amended 2004 Ky. Acts ch. 104, sec. 2, effective July 13, 2004. &#8212; Amended<br /> 2002 Ky. Acts ch. 346, sec. 58, effective July 15, 2002. &#8212; Created 2000 Ky. Acts <br />ch. 189, sec. 8, effective July 14, 2000. </p> <p>