{"data":{"id":"us-ky/krs-81.062","jurisdiction":"us-ky","citation":"KRS 81.062","heading":"Incorporated cities listing requirement with Secretary of State -- Notice --","body":"Administrative dissolution -- Exemptions -- Appeals -- Debts of city -- Effect of\ndissolution on operating utility.\n(1) In order to update the record of incorporated cities listed in the Secretary of State's\noffice, every city operating as a public corporation and a unit of local government\nshall file with the Department for Local Government before September 1, 2022, a\ndocument listing the name of the city, the address  and phone number of its\nheadquarters, the year of its incorporation if it is known, and its form of\ngovernment. Any city that made a filing with the Department for Local Government\npursuant to KRS 83A.085 after January 1, 2022, shall be deemed in complian ce\nwith this subsection without any further action.\n(2) If a city does not timely file the information set out in subsection (1) of this section,\nthe Department for Local Government shall, no later than October 15, 2022, notify\nthe city in writing by first class mail return receipt requested at the city's last known\nofficial address, that the city is not in compliance with the provisions of subsection\n(1) of this section. The notice shall include:\n(a) The filing requirements imposed by this section; and\n(b) A statement to the city that failure to comply with the requirements of\nsubsection (1) of this section by December 1, 2022, shall subject the city to\nadministrative dissolution proceedings under this section.\n(3) If the Department for Local Government doe s not receive a response from the city\nby December 1, 2022, then the Department for Local Government shall cause to be\npublished in a newspaper of general circulation serving the residents in the area of\nthe city pursuant to KRS Chapter 424, and in a promi nent place on the department's\nWeb site, a notice stating that:\n(a) The city has failed to respond in accordance with the provisions of subsections\n(1) and (2) of this section, and therefore, the city is subject to dissolution\nproceedings if the city fails to respond to the requirements of subsection (1) of\nthis section, or any citizen, resident, or creditor of the city fails to enter a\ndefense as set out in this subsection by January 1, 2023;\n(b) Creditors of the city are hereby notified that the debts of the city shall be\nextinguished if they are not otherwise discoverable in the administrative\nhearing, or unless a successful defense is entered pursuant to the\nadministrative hearing convened pursuant to this section; and\n(c) Citizens, residents, or credito rs of the city may enter a defense to the\nadministrative dissolution by sending in written notice to the Department for\nLocal Government that includes their name and other contact information, the\ncity's name in question, a preliminary statement of their legal claim of why the\ncity should not be administratively dissolved, or the entry of a claim against\nthe city by a creditor, and any other information the Department for Local\nGovernment deems necessary to carry out the provisions of this subsection.\n(4) After January 1, 2023, the Department for Local Government shall arrange for an\nadministrative hearing to be set pursuant to the provisions of KRS Chapter 13B to\ndetermine whether or not the city shall be administratively dissolved for failure to\ncomply with subsection (1) of this section. The hearing shall be conducted within\nthe boundaries of the city being administratively dissolved, or if no place within the\ncity is suitable, the administrative hearing shall be conducted in a place as close as\npossible to the city in order to provide easy access to the hearing by persons living\nwithin the city. If a citizen, resident, or creditor of the city has entered a defense\npursuant to this section by January 1, 2023, the defense shall be heard at the\nhearing, and t he hearing officer shall decide whether or not the city shall be\nadministratively dissolved. If no citizen, resident, or creditor of the city enters a\ndefense to administrative dissolution, then the city shall be declared\nadministratively dissolved.\n(5) No city shall be dissolved pursuant to this section if:\n(a) The city is maintaining a city government by both the election or appointment\nof officers and the levying and collection of necessary taxes;\n(b) The city provides the information required in subsec tion (1) of this section in\nresponse to the inquiries in subsections (1) to (3) of this section before\nJanuary 1, 2023; or\n(c) A successful defense is made to the petition as set out in subsection (4) of this\nsection.\n(6) Any elected official of the city, any citizen or resident of the city, or any creditor\nmay appeal the decision of the hearing officer in accordance with the provisions of\nKRS Chapter 13B.\n(7) If the city is dissolved pursuant to this section, the Department for Local\nGovernment shall notify the Secretary of State and the county clerk of each county\nwherein the city was located of the dissolution. The county clerk shall properly\nindex and file the notice as a permanent record in that office.\n(8) Any debts of the city shall be satisfied on a pro rata basis. Any assets of the city\nremaining after dissolution shall be transferred to the county or counties in which\nthe city was located. If the credit ors agree to a pro rata share of the city's remaining\nassets, or if no creditors appear after notification occurs or the time period elapses\npursuant to subsection (4) of this section, then the remaining debts of the city shall\nbe extinguished. In no event  shall the county be liable for any remaining debts of\nthe city after the assignment of any remaining assets.\n(9) Any judgment granting the dissolution of a city made pursuant to this section shall\nnot impair the incorporation of a city at a future date un der the provisions of KRS\n81.050 and 81.060 that may include all or a portion of the former city's boundaries.\n(10) (a) If a city that is dissolved pursuant to this section has a utility in operation at\nthe time of dissolution, then that utility shall rema in in operation pursuant to\nthe authority under which it was created unless the utility is declared part of\nthe county or reorganized under paragraph (b) of this subsection. However,\nthe county judge/executive of the county in which the utility operates sh all\nmake appointments to replace any board members whose terms expire after\nthe dissolution of the city.\n(b) With the agreement of the board of the city utility, or in the absence of a\nboard, at the discretion of the county judge/executive, the county\njudge/executive may declare the city utility a department of the county or may\nreorganize the city utility as a special district, either standing alone or\ncombining it with an existing special district in operation in the county under\nthe provisions of KRS 67.715.","path":["KRS Chapter 81"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52553","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:41Z","sha256":"d8c685ce27de738800d35b01788ac4f64b0a3a2c370ad9a4f6f4896f962a5047","source_id":"us-ky","stale":false,"prev":"us-ky/krs-81.060","next":"us-ky/krs-81.065"},"notice":"GroundRules: Original legal text. Not legal advice."}