{"data":{"id":"us-ky/krs-81a.005","jurisdiction":"us-ky","citation":"KRS 81A.005","heading":"Annexation by city of first class that has in effect a cooperative compact","body":"with its county.\n(1) When a city of the first class, which has in effect a compact with the county\npursuant to KRS 79.310 to 79.330, desires to annex unincorporated territory, the\nlegislative body of the city shall enact an ordinance stating the intention of the city\nto annex. If an ordinance proposing to annex unincorporated territory has been\nenacted prior to July 15, 1986, and the ordinance annexing the territory to the city\nhas not been enacted, then in order for the city to annex the territory during the time\nthe compact is in effect, the legislative body of the city shall reenact the ordinance\nonly including the same territory as the original and stating the intention of th e city\nto annex. Such ordinances shall accurately define the boundary of the\nunincorporated territory proposed to be annexed, and declare it desirable to annex\nthe unincorporated territory.\n(2) The mayor of the city shall deliver a certified copy of the or dinance to the county\nclerk of the county in which the territory proposed to be annexed is located, who\nshall have prepared to be placed before the voters in each precinct embraced in\nwhole or in part within the territory proposed to be annexed the questio n: \"Are you\nin favor of being annexed to the city of _________?\" If only a part of any precinct is\nembraced within the territory proposed to be annexed only persons who reside\nwithin the territory proposed to be annexed shall be permitted to vote. The ques tion\nshall be submitted to the voters at the next regular election if the ordinance is filed\nwith the county clerk not later than the second Tuesday in August preceding the\nregular election. The clerk shall cause the sheriff or sheriffs to deliver to the election\nofficers in each precinct in the appropriate counties copies of the ordinance\nproposing to annex:\n(a) If more than fifty percent (50%) of those voting on the question approve of the\nannexation, the legislative body may proceed to annex the territor y. Within\nsixty (60) days of the certification of the election results in which more than\nfifty percent (50%) of those voting in the election approved the annexation,\nthe legislative body of the city may enact an ordinance annexing to the city the\nterritory described in the ordinance. Upon enactment of the ordinance the\nterritory shall become part of the city for all purposes; or\n(b) If fifty percent (50%) or less of those voting on the question approve the\nannexation, the ordinance proposing annexation sha ll become ineffectual for\nany purpose, subject to the provisions of KRS 81A.460.\n(3) Once the ordinance stating the intention of the city to annex an area has been given\nits first reading or enacted by the city legislative body, no part of such area may be\nincorporated or be annexed by another city, unless such incorporation or annexation\nis pending at the time the ordinance is given its first reading, until the annexation\nproposal by the city of the first class is defeated pursuant to subsection (2) of thi s\nsection or until the ordinance is withdrawn, repealed, or amended as to the area to\nbe annexed according to subsection (4) of this section. This subsection shall apply\nto any proposing ordinance which has had a first reading or has been enacted as of\nJanuary 1, 1986. Notwithstanding anything to the contrary in this subsection, any\nannexation by a city other than the first class or incorporation prior to January 1,\n1986, shall not be nullified by the application of KRS 79.310 to 79.330; provided,\nhowever, that any city of the first class shall retain any legal annexation priorities\nwhich existed on January 1, 1986, to the territory so annexed or incorporated. All\npending litigation challenging annexation of a specific unincorporated territory by\nthe city of  the first class arising from ordinances proposing to annex such territory\nenacted prior to July 15, 1986, shall, at the discretion of the court, be remanded on\nthe docket of the appropriate court without prejudice during the term of the\ncompact.\n(4) The legislative body of the city may elect to amend the description of the territory\nproposed to be annexed under an ordinance stating the intention of the city to annex\nan area as described in subsection (1) of this section at any time after June 1, 1998,\nand prior to September 30, 1998, for the purpose of excluding a specific area or\nareas from the ordinance in order to permit these areas to be annexed by an abutting\ncity located in the county according to KRS 81A.412. Amendment of the ordinance\naccording to t his subsection shall not affect the priority granted this annexation\nproposal according to subsection (3) of this section.","path":["KRS Chapter 81A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=24998","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:42Z","sha256":"25916d7cd03b57c11654be993fe4ed9b0b2c518ad0beef04b644523a38fcbbaa","source_id":"us-ky","stale":false,"prev":"us-ky/krs-81.500","next":"us-ky/krs-81a.010"},"notice":"GroundRules: Original legal text. Not legal advice."}