HomeMy WebLinkAbout2009-5-7562112370
ORDINANCE NO. 2009-5-7562
AN ORDINANCE BY THE CITY OF PADUCAH, KY, ADOPTED WITH
THE INTENT TO COMPLY WITH THE PROVISIONS OF KRS 67.825, ET SEQ., AND IN
CONJUNCTION WITH THE PROCESS PREVIOUSLY INITIATED BY THE MCCRACKEN
FISCAL COURT, FOR THE ESTABLISHMENT OF A JOINT CONSOLIDATION STUDY
COMMISSION TO STUDY THE FEASIBILITY OF MERGING THE UNITS OF THE CITY
AND COUNTY GOVERNMENTS INTO A CHARTER COUNTY FORM OF GOVERNMENT
WHEREAS, pursuant to the provisions of KRS 67.825, the citizens of any
county may vote to merge all units of city and county government into a charter county form of
government; and
WHEREAS, KRS 67.830 provides that the fiscal court in any county and a
majority of all cities within the county may adopt an ordinance appointing a Joint Consolidation
Study Commission to study the question of forming a charter county form of government; and
WHEREAS, the McCracken Fiscal Court, on January 26, 2009, adopted an
ordinance approving the creation of a Joint Consolidation Study Commission to study the
question of forming a charter county form of government, pursuant to KRS 67.825-67.875; and
WHEREAS, the City of Paducah (being the only city within McCracken County
of a particular classification) with the intent of complying with the provisions of KRS 67.825, et
seq., and with the intent of following the process for creation of a Joint Consolidation Study
Commission to study the question of forming a charter county form of government previously
initiated by the McCracken Fiscal Court.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS:
SECTION 1. Establishment of Joint Consolidation Study Commission:
The City of Paducah, in conjunction with the McCracken Fiscal Court, hereby
establishes a Joint Consolidation Study Commission to study the question of the adoption of a
charter county form of government. This commission shall be hereafter known as the "Joint
Consolidation Study Commission."
SECTION 2. Appointment of Members:
Consistent with the provisions of KRS 67.830, the fiscal court has determined
that the size of membership of the Joint Consolidation Study Commission shall be twenty-one
(2 1) members. Because the City of Paducah is the only city in McCracken County with a
particular classification, the number of appointments made by the city to the Joint Consolidation
Study Commission shall be eight (8) members pursuant to KRS 67.830(3)(d). The remainder of
the members shall be appointments made by the county. The county judge/executive shall serve
as a voting member of the Joint Consolidation Study Commission and preside as its chairman.
The Joint Consolidation Study Commission shall be appointed within sixty (60) days of the
adoption of this ordinance pursuant to KRS 67.830(1).
SECTION 3. Ordinance to be Filed Following Adoption
The City Clerk of the City of Paducah shall cause a copy of this ordinance to be
filed with the McCracken County Clerk's Office and the McCracken County Judge Executive's
Office.
SECTION 4. Funding for Joint Consolidation Commission:
Pursuant to KRS 67.830(4), the Joint Consolidation Study Commission shall be
funded by the McCracken Fiscal Court and the City of Paducah based upon each entity's ratio of
membership on the Joint Consolidation Study Commission.
SECTION 5. Responsibilities of the Joint Consolidation Study Commission:
Pursuant to KRS 67.830(4), the Joint Consolidation Study Commission shall be
responsible for developing a comprehensive plan for the formation of a charter county
government that shall include but not be limited to the following provisions:
(a) A description of the form, structure, functions, powers, and name of the
proposed charter county government;
(b) A description of the officers and their powers and duties of the proposed
charter county government;
(c) The procedures by which the original comprehensive plan may be
amended; and
(d) Take such other steps as may be contemplated by KRS 67.830, or
otherwise permitted by law.
SECTION 6. Adoption of Comprehensive Plan:
The comprehensive plan developed by the Joint Consolidation Study
Commission shall be consistent with the provisions of the Constitution of the Commonwealth of
Kentucky and shall be advertised at least ninety (90) days before a regular election at which the
voters will be asked to approve or disapprove the adoption of the comprehensive plan. The
question of whether the comprehensive plan shall be adopted must be filed with the McCracken
County Clerk not later than the second Tuesday in August preceding the day of the next regular
election.
SECTION 7. Organization of the Adopted Charter County:
Following the vote for adoption of the comprehensive plan for adoption of a
charter county government, the votes shall be counted, returns made canvassed in accordance
with the provisions of KRS Chapters 116 and 121 governing elections, and the results shall be
certified by the county board of election commissioners to the McCracken County Clerk. If a
majority of those voting on the issue are in favor of adopting the comprehensive plan, the county
board of election commissioners shall enter the fact of record and the Joint Consolidation Study
Commission shall organize the charter county government or the county shall provide for the
consolidation of services or functions as provided in the comprehensive plan, and otherwise
permitted by law.
SECTION 8. Effective Date:
This Ordinance shall be read on two separate days and will become effective
upon summary publication pursuant to KRS Chapter 424.
ATTEST:
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Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, May 12, 2009
Adopted by the Board of Commissioners, May 26, 2009
Recorded by Tammara S. Brock, City Clerk, May 26, 2009
Published by The Paducah Sun, June 2, 2009
Recorded by County Clerk, June 12, 2009
Lodged with the County Judge/Executive, June 24, 2009
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