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File #: O-554-14    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 11/26/2014 In control: Metro Council
On agenda: 12/18/2014 Final action: 12/18/2014
Title: AN ORDINANCE OF THE LOUISVILLE METRO COUNCIL TO APPROVE THE ANNEXATION BY JEFFERSONTOWN OF CHENOWETH HILLS ESTATES.
Sponsors: Kelly Downard (R-16)
Attachments: 1. JTown filing with Clerk Nov 2014, 2. ORD 215 2014
ORDINANCE No. __________, Series 2014
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AN ORDINANCE OF THE LOUISVILLE METRO COUNCIL TO APPROVE THE ANNEXATION BY JEFFERSONTOWN OF CHENOWETH HILLS ESTATES.
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Sponsored By:   Councilman Kelly Downard
 
WHEREAS, on October 21, 2014 the City Council of City of Jeffersontown, Kentucky voted in favor of an ordinance to annex the property known as Chenoweth Hills Estates and identified by the Jefferson County Clerk at Deed Book 08694, page 271; and
WHEREAS, the Chenoweth Hills Estates is a subdivision of 143 single family homes with street access through the City of Jeffersontown;
WHEREAS, the City Council of City of Jeffersontown stated in its ordinance, No. 1318, series 2014, that 95% of the property owners of the territory sought to be annexed executed a written consent in favor of annexation by the City of Jeffersontown (a copy of the signatures is attached hereto);
WHEREAS, the City of Jeffersontown believes it is in a position to provide municipal services to the area proposed for annexation;
WHEREAS, Mayor Bill Dieruf, City of Jeffersontown, advised the residents of the Chenoweth Hills Estates in a letter dated September 4, 2014 of the projected property tax increase as well as the additional city services to be provided by the City of Jeffersontown;
WHEREAS, the City of Jeffersontown held a public meeting on September 23, 2014 regarding the proposed annexation and invited the residents of Chenoweth Hills Estates;
WHEREAS, the City of Jeffersontown filed a request on November 14, 2014 with the Office of the Metro Council Clerk requesting that the Louisville Metro Council approve the annexation of the property described above (a copy of which is attached hereto;
WHEREAS, KRS 67C.111(3) requires the City of Jeffersontown obtain approval of the annexation from Louisville Metro Council prior to the City of Jeffersontown proceeding with the annexation requirements under KRS Chapter 81A;
WHEREAS, KRS 67C.111(3) gives Louisville Metro Council the authority to approve or deny annexation requests "by ordinance and within sixty (60) days of the receipt of the request" and if Louisville Metro Council does not act within "sixty (60) days, the request for a city to proceed with an annexation proposal shall be deemed to be approved";
WHEREAS, Louisville Metro Council has been advised by legal counsel that KRS 67C.111(3) bars annexations by the City of Jeffersontown until January 2015; and
WHEREAS, for the reasons stated above Louisville Metro Council wishes to proceed with approval of the City of Jeffersontown's annexation ordinance to become effective upon the date provided in KRS 67C.111(3).
BE IT RESOLVED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (THE COUNCIL) AS FOLLOWS:
 
SECTION I:      Metro Council hereby approves the annexation of the property known as the Chenoweth Hills Estates proposed by the City of Jeffersontown in its ordinance number 1318, series 2014 on October 21, 2014 (attached hereto) pursuant to its authority under KRS 67C.111(3).
SECTION II:       This ordinance shall take effect on the date provided in KRS 67C.111(3).
 
 
_______________________________ H. Stephen Ott Metro Council Clerk
_____________________________ Approval Date
 
 
   _______________________________ Jim King President of the Council
   _____________________________ Approval Date
 
APPROVED AS TO FORM:
 
 
 
_______________________________ Michael J. O'Connell Jefferson County Attorney_____________________________ Approval Date
 
 
 
Ordinance Annexation Proposal from J-town ROC sjm 19 Nov 2014