UNOFFICIAL COPY AS OF 05/26/18 05 REG. SESS. 05 RS BR 419

AN ACT relating to the annexation of land served by a sanitation district. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Section 1. KRS 220.530 is amended to read as follows: (1) A city shall notify the board of a sanitation district in writing by certified mail, return receipt requested, of the fact that it intends to annex land within the sanitation district's jurisdiction no later than sixty (60) days prior to the passage of an ordinance annexing that land. (2) Where a city having existing sewers constructed and maintained by general tax funds of the city annexes an entire sanitation district, the city shall be bound for all the debts and liabilities, and be the owner of all the property and rights, of the district, the users of sewers in the district shall be relieved from any further rentals and obligations, and the district shall thereupon be automatically dissolved. (a) If a city annexes only a portion of a sanitation district, the city may provide sanitary sewers to the annexed portion only if the sanitation district board, by a majority vote, relinquishes its authority. The board shall notify the city as to whether or not it relinquishes its authority. The board shall send notice to the city by certified mail, return receipt requested, no later than thirty (30) days after it receives the city's notification of its intent to annex the land within the board's jurisdiction.

(b) If only a portion of a sanitation district is annexed, and the board grants approval for the city to provide sewer service, the city shall be the owner of all the sewers within the annexed portion, the amount of the existing debts and liabilities for which the city shall be bound shall be in such proportion as the amount of rentals within the territory annexed bears to the amount of rentals in the entire district, the city shall in the same proportion contribute its proportionate share to the cost of the operation and maintenance of a sewer disposal plant or system as long as such plant or system is used by the

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property within the annexed area, and the users of sewers in the annexed portion shall be relieved from any further rentals or obligations to the district. (c) Any city annexing a portion of a sanitation district and receiving the approval of the sanitation board to provide sewer service may furnish sewage disposal for the portion of the district annexed and discontinue the use of the district's sewage disposal plant or system, in which event the city shall be relieved from any further contribution towards the cost of operation or maintenance of the district's plant or system. Section 2. KRS 81A.412 is amended to read as follows: A city may annex any area which meets the requirements of KRS 81A.410, if each of the owners of record of the land to be annexed gives prior consent in writing to the annexation. In this event, the city shall not be required to enact the notification ordinance required by KRS 81A.420(1) or to comply with the notice requirements of KRS 81A.425, and it shall not be required to wait the sixty (60) day period provided for in KRS 81A.420(2) prior to enacting a final ordinance annexing the area. However, the city shall be required to follow the procedure set out in Section 1 of this Act when the city intends to annex land under the jurisdiction of a sanitation district. When a city has obtained the prior written consent of each owner of record of the land to be annexed, the city may enact a single ordinance finally annexing the land described in the ordinance. If the city has elected to establish the zoning for the new territory pursuant to KRS 100.209 prior to the completion of annexation under this section, the ordinance annexing the territory shall include a map showing the zoning. Upon the enactment of this ordinance, the territory shall become a part of the city. Section 3. KRS 81A.420 is amended to read as follows: (1) When a city desires to annex unincorporated territory, the legislative body of the city proposing to annex shall enact an ordinance stating the intention of the city to annex. The ordinance shall accurately define the boundary of the unincorporated

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territory proposed to be annexed, and declare it desirable to annex the unincorporated territory. If the territory proposed to be annexed contains all or a portion of a sanitation district, then the city shall follow the procedure set out in Section 1 of this Act. (2) If following the publication of the annexation ordinance pursuant to subsection (1) of this section and within sixty (60) days thereof, or if in any annexation proceeding where the annexing city has not adopted a final annexation ordinance, within sixty (60) days of February 12, 1988, fifty percent (50%) of the resident voters or owners of real property within the limits of the territory proposed to be annexed petition the mayor in opposition to the proposal, an election shall be held at the next regular election if the petition is presented to the county clerk and certified by the county clerk as sufficient not later than the second Tuesday in August preceding the regular election: (a) The mayor of the city shall deliver a certified copy of the ordinance to the county clerk of the county in which the territory proposed to be annexed is located, who shall have prepared to be placed before the voters in each precinct embraced in whole or in part within the territory proposed to be annexed the question: "Are you in favor of being annexed to the City of ....?" If only a part of any precinct is embraced within the territory proposed to be

annexed only persons who reside within the territory proposed to be annexed shall be permitted to vote. The clerk shall cause the sheriff or sheriffs to deliver to the election officers in each precinct in the appropriate counties copies of the ordinance proposing to annex; (b) If less than fifty-five percent (55%) of those persons voting oppose annexation, the unincorporated territory shall become a part of the city; and (c) If fifty-five percent (55%) or more of those persons voting oppose annexation, the ordinance proposing annexation shall become ineffectual for any purpose.

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(3) In not less than sixty (60) days after the enactment of the ordinance, if no petition has been received by the mayor as set out herein, or within sixty (60) days of the certification of election results in which less than fifty-five percent (55%) of those persons voting opposed annexation, the legislative body may enact an ordinance annexing to the city the territory described in the ordinance. If the city has elected to establish the zoning for the new territory prior to the completion of the annexation pursuant to KRS 100.209, the ordinance shall include a map showing the zoning. Upon the enactment of this ordinance, the territory shall become part of the city for all purposes.

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