Request By:
Mr. Charles R. Thompson, Jr.
Route 4, Box 191
Paris, Kentucky 40361
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in response to your letter of June 14 concerning the annexation of a portion of a tract of land to the city where all the individuals residing therein are consenting landowners. As a matter of fact, there are only two people residing in the area and the 60-day period for protecting the annexation expired on May 17. The question is raised as whether or not this tract of land has been annexed.
Our response would be in the negative. KRS 81A.420 requires the city to enact an initial annexation ordinance in the normal manner that requires readings on two separate days followed by its publication pursuant to Chapter KRS 424. Following the publication of the ordinance and within 60 days a protesting petition with the required percentage of qualified voters or property owners must be filed in order for a referendum to be held at the November election, or if no protest is filed within the 60-day period a second ordinance must be enacted in order to annex the territory. This second ordinance is specifically required in KRS 81A.420(3) which reads as follows:
"In not less than sixty (60) days after the enactment of the ordinance, if no petition has been received by the mayor as set out herein, or within sixth (60) days of the certification of election results in which less than seventy-five percent (75%) of the qualified voters in the area opposed annexation, the legislative body may enact an ordinance annexing to the city the territory described in the ordinance. Upon the enactment of this ordinance, the territory shall become part of the city for all purposes."
We might mention that in OAG 80-481, copy attached, we took the position that the 60-day waiting period can be waived by the property owners provided it is done in writing and is duly certified.
Thus in answer to your question and since the 60 day period was expired the city must enact a second ordinance annexing the territory before the annexation can become effective. There is no time requirement within which this must be done nor is it mandatorily required at all. You will note the use of the word "may" in the above quote which is permissive in construing statutes. KRS 446.010(20).