81.380 Relocation of corporate boundaries of a city located in a county containing a city of the first class or consolidated local government -- Effects of relocation -- Filing with Secretary of State

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Page 1 of 2 81.380 Relocation of corporate boundaries of a city located in a county containing a city of the first class or consolidated local government -- Effects of relocation -- Filing with Secretary of State -- Renaming of relocated or relocating city. (1) Any city, located in a county containing a city of the first class or a consolidated local government, which is located within an area which is adversely affected by a public project that was initiated by a city of the first class, or by action of a joint agency of a city of the first class and its county, after June 30, 1998, or upon the expiration of the initial twelve (12) year term provided in KRS 79.310(2) of a cooperative compact which is in effect in the county pursuant to KRS 79.310 to 79.330, may by ordinance relocate the corporate boundaries of the city to an unincorporated area of the county. The ordinance shall set out by metes and bounds that unincorporated area of the county where the city will be relocated. The area designated for relocation shall not exceed the acreage within the then existing boundaries of the relocating city. (2) All financial assets and legal obligations of the city shall not be altered or interrupted by a relocation. (3) A city of the first class or a consolidated local government shall relinquish all priority rights or any rights pursuant to the terms of a cooperative compact for annexation to that unincorporated area which is designated for the relocation of a city as provided for in subsection (1) of this section. Any priority rights or any rights pursuant to the terms of a cooperative compact for annexation which are relinquished for the relocation of a city shall then be attached in the name of the city of the first class or the consolidated local government to that area which has been abandoned by the relocating city pursuant to subsection (5) of this section. The relocating city shall forward a copy of the ordinance adopted pursuant to subsection (1) of this section to the mayor of the consolidated local government or the mayor of the city of the first class and the county judge/executive of the county. (4) The right of a city to relocate is in no way meant to amend any provision of the statutes which govern the formation and operation of a cooperative compact created pursuant to KRS 79.310 to 79.330. (5) Upon the relocation of a city, the city clerk shall forward to the Secretary of State within one (1) year from the date of the relocation, a document listing the name of the city, the date of the relocation, the present classification of the city, and a certified copy of the ordinance adopted pursuant to subsection (1) of this section. If a city fails to comply with this subsection, it shall be barred from receiving state moneys until the city complies. (6) Until ninety percent (90%) of the residential properties located within the relocating city's boundaries are acquired for the public project, the boundaries of the city shall include both the old city site and the area designated for the location of the new site of the city. (7) After ninety percent (90%) of the residential properties have been acquired as set forth in subsection (6) of this section, the boundaries of the city shall no longer include the area where the city existed before relocation. Page 2 of 2 (8) A city that is relocating, or has been relocated, according to the provisions of this section may change the name of the city by the adoption of an ordinance by the city legislative body. Any person objecting to renaming the relocating or relocated city under this section may present a petition objecting to the renaming of the city by submitting the petition to the county clerk of the county in which the city is located. The petition shall be in the following form: "The registered voters living within (provide the name of the existing relocating or relocated city) hereby object to the question of the renaming of the city." If the petition is signed and dated by at least twenty-five percent (25%) of the registered voters residing in the relocating or relocated city, an election shall be held on the question of renaming the city. The county clerk shall examine the petition and verify the validity of the signatures. If a petition containing at least twenty-five percent (25%) of the registered voters residing in the relocating or relocated city is submitted to the county clerk, and certified by the county clerk as sufficient, by the second Tuesday in August, the question of renaming the relocating or relocated city shall be placed on the ballot for the next general election. The ballot shall contain at least two (2) but no more than four (4) names as potential new names for the relocating or relocated city. (9) Upon the act of renaming a city, the city clerk shall forward to the Secretary of State, within one (1) year from the date of the renaming, a document listing the new name of the city, the date of the renaming, the present classification of the city, and a certified copy of the ordinance adopted in accordance with KRS 83A.060. If a city fails to comply with the provisions of this subsection, it shall be barred from receiving state moneys until the city complies. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 220, sec. 1, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 346, sec. 89, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 224, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 217, sec. 1, effective July 15, 1998. -- Created 1996 Ky. Acts ch. 159, sec. 1, effective July 15, 1996.