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File #: R-099-14    Version: Name:
Type: Resolution Status: Passed
File created: 4/3/2014 In control: Metro Council
On agenda: 6/5/2014 Final action: 6/5/2014
Title: A RESOLUTION ANNOUNCING THE STATUTORY REQUIREMENTS AND RELEVANT ISSUES METRO COUNCIL WILL CONSIDER WHEN EVALUATING RESIDENTIAL ANNEXATION REQUESTS. (AMENDMENT BY SUBSTITUTION) Sponsored by: Councilman Kelly Downard
Sponsors: Kelly Downard (R-16)
Attachments: 1. R-099-14 PROPOSED AMEND BY SUB 4-22-14, 2. RES 056 2014
RESOLUTION NO. _______, SERIES 2014
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A RESOLUTION ANNOUNCING THE STATUTORY REQUIREMENTS AND RELEVANT ISSUES METRO COUNCIL WILL CONSIDER WHEN EVALUATING RESIDENTIAL ANNEXATION REQUESTS. (AMENDMENT BY SUBSTITUTION)

Sponsored by: Councilman Kelly Downard

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WHEREAS, KRS 67C.111(3) delegates authority to Metro Council, as the legislative council of the consolidated local government, to decide whether or not a proposed annexation by a city in Jefferson County should be approved; and
WHEREAS, Kentucky law grants Metro Council broad discretion in determining the "facts and conditions under which annexation may take place" in Jefferson County; and
WHEREAS, Kentucky law requires that a city proposing annexation satisfy the following statutory requirements: (1) the proposed territory to be annexed must be adjacent or contiguous to the city's boundaries at the time the annexation proceeding begins per KRS 81A.410; (2) the territory to be annexed must be suitable in nature to the city that wishes to annex the area per KRS 81A.410; (3) the territory to be annexed may not be an agricultural district as prohibited by KRS 262.850(10); (4) the territory to be annexed cannot be included within the boundary of another incorporated city per KRS 81A.410.
BE IT RESOLVED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (THE COUNCIL) AS FOLLOWS:

SECTION I: It is important to Metro Council members that all property owners of a territory to be annexed are adequately advised of anticipated additional taxes and the municipal services the city will provide and have the opportunity to attend a public hearing regarding the proposed annexation. Metro Council further expects that notice be sent to the property owners by certified mail with a copy to be filed with the Louisville Metro Council Clerk so that Metro Council members may attend the public hearing(s).
SECTION II: If all of property owners of a terri...

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