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File #: R-006-15    Version: Name:
Type: Resolution Status: Passed
File created: 4/3/2014 In control: Public Works, Bridges and Transportation
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 COMMERCIAL AND INDUSTRIAL ANNEXATION REQUESTS. (AMENDMENT BY SUBSTITUTION) Sponsored by: Councilman Kelly Downard
Sponsors: Kelly Downard (R-16)
Attachments: 1. R-100-14 PROPOSED AMEND BY SUB 4-22-14, 2. RES 057 2014
RESOLUTION NO. _______, SERIES 2014
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A RESOLUTION ANNOUNCING THE STATUTORY REQUIREMENTS AND RELEVANT ISSUES METRO COUNCIL WILL CONSIDER WHEN EVALUATING COMMERCIAL AND INDUSTRIAL 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, Metro Council understands and agrees with the public policy adopted in KRS 81A.510 that "to encourage the location of new industries and the expansion of existing industries in Kentucky" the law prohibits "unfair and unreasonable annexation by municipal corporations of industries now or hereafter located in unincorporated areas. . . . [while not] prohibit[ing], restrict[ing] or hamper[ing] normal expansion of municipal boundaries if such normal development and expansion extends to and embraces such industrial properties."

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 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 territory to be annexed give prior consent as set forth in KRS ...

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