Constitution of Kentucky (2024 publisher edition) — MUNICIPALITIES - Section 156 to 168

Publisher edition notice: The publisher's provision inventory includes amendments ratified on or before November 5, 2024. This collection preserves every PDF linked from that inventory; later amendments have not been independently verified.

Section 156

Section 156 (Repealed 1994) Catchline at time of repeal: "Cities divided into six classes -- General laws to be made for each class -- Population limits for classes -- Assignment to classes -- Organization of cities." Repeal Ratified on: November 8, 1994. History: Repeal was proposed by 1994 Ky. Acts ch. 168, secs. 1 and 6; original version ratified August 3, 1891, and revised September 28, 1891.

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Section 156A

Section 156A General Assembly authorized to provide for creation, governmental structure, and classification of cities. The General Assembly may provide for the creation, alteration of boundaries, consolidation, merger, dissolution, government, functions, and officers of cities. The General Assembly shall create such classifications of cities as it deems necessary based on population, tax base, form of government, geography, or any other reasonable basis and enact legislation relating to the classifications. All legislation relating to cities of a certain classification shall apply equally to all cities within the same classification. The classification of all cities and the law pertaining to the classifications in effect at the time of adoption of this section shall remain in effect until otherwise provided by law. Text as Ratified on: November 8, 1994 History: Creation proposed by 1994 Ky. Acts ch. 168, sec. 1.

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Section 156B

Section 156B General Assembly authorized to permit municipal home rule for cities. The General Assembly may provide by general law that cities may exercise any power and perform any function within their boundaries that is in furtherance of a public purpose of a city and not in conflict with a constitutional provision or statute. Text as Ratified on: November 8, 1994 History: Creation proposed by 1994 Ky. Acts ch. 168, sec. 1.

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Section 157

Section 157 Maximum tax rate for cities, counties, and taxing districts. The tax rate of cities, counties, and taxing districts, for other than school purposes, shall not, at any time, exceed the following rates upon the value of the taxable property therein: For all cities having a population of fifteen thousand or more, one dollar and fifty cents on the hundred dollars; for all cities having less than fifteen thousand and not less than ten thousand, one dollar on the hundred dollars; for all cities having less than ten thousand, seventy-five cents on the hundred dollars; and for counties and taxing districts, fifty cents on the hundred dollars. Text as Ratified on: November 8, 1994. History: 1994 amendment was proposed by 1994 Ky. Acts ch. 168, sec. 2; original version ratified August 3, 1891, and revised September 28, 1891.

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Section 157A

Section 157A Credit of Commonwealth may be loaned or given to county for roads -- County may vote to incur indebtedness and levy additional tax for roads. The credit of the Commonwealth may be given, pledged or loaned to any county of the Commonwealth for public road purposes, and any county may be permitted to incur an indebtedness in any amount fixed by the county, not in excess of five per centum of the value of the taxable property therein, for public road purposes in said county, provided said additional indebtedness is submitted to the voters of the county for their ratification or rejection at a special election held for said purpose, in such manner as may be provided by law and when any such indebtedness is incurred by any county said county may levy, in addition to the tax rate allowed under Section 157 of the Constitution of Kentucky, an amount not exceeding twenty cents on the one hundred dollars of the assessed valuation of said county for the purpose of paying the interest on said indebtedness and providing a sinking fund for the payment of said indebtedness. Text as Ratified on: November 2, 1909. History: Creation proposed by 1908 Ky. Acts ch. 36, sec. 1.

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Section 157B

Section 157B Adoption of budget required for cities, counties, and taxing districts - - Expenditures not to exceed revenues for fiscal year. Prior to each fiscal year, the legislative body of each city, county, and taxing district shall adopt a budget showing total expected revenues and expenditures for the fiscal year. No city, county, or taxing district shall expend any funds in any fiscal year in excess of the revenues for that fiscal year. A city, county, or taxing district may amend its budget for a fiscal year, but the revised expenditures may not exceed the revised revenues. As used in this section, "revenues" shall mean all income from every source, including unencumbered reserves carried over from the previous fiscal year, and "expenditures" shall mean all funds to be paid out for expenses of the city, county, or taxing district during the fiscal year, including amounts necessary to pay the principal and interest due during the fiscal year on any debt. Text as Ratified on: November 8, 1994. History: Creation proposed by 1994 Ky. Acts ch. 168, sec. 3.

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Section 158

Section 158 Maximum indebtedness of cities, counties, and taxing districts -- General Assembly authorized to set additional limits and conditions. Cities, towns, counties, and taxing districts shall not incur indebtedness to an amount exceeding the following maximum percentages on the value of the taxable property therein, to be estimated by the last assessment previous to the incurring of the indebtedness: Cities having a population of fifteen thousand or more, ten percent (10%); cities having a population of less than fifteen thousand but not less than three thousand, five percent (5%); cities having a population of less than three thousand, three percent (3%); and counties and taxing districts, two percent (2%), unless in case of emergency, the public health or safety should so require. Nothing shall prevent the issue of renewal bonds, or bonds to fund the floating indebtedness of any city, county, or taxing district. Subject to the limits and conditions set forth in this section and elsewhere in this Constitution, the General Assembly shall have the power to establish additional limits on indebtedness and conditions under which debt may be incurred by cities, counties, and taxing districts. Text as Ratified on: November 8, 1994. History: 1994 amendment was proposed by 1994 Ky. Acts ch. 168, sec. 4; original version ratified August 3, 1891, and revised September 28, 1891.

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Section 159

Section 159 Tax to pay indebtedness in not more than forty years must be levied. Whenever any city, town, county, taxing district or other municipality is authorized to contract an indebtedness, it shall be required, at the same time, to provide for the collection of an annual tax sufficient to pay the interest on said indebtedness, and to create a sinking fund for the payment of the principal thereof, within not more than forty years from the time of contracting the same. Text as Ratified on: August 3, 1891, and revised September 28, 1891. History: Not yet amended.

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Section 160

Section 160 Municipal officers -- Election and term of office -- Officers ineligible -- Fiscal officers. The Mayor or Chief Executive, Police Judges, members of legislative boards or councils of towns and cities shall be elected by the qualified voters thereof: Provided, The Mayor or Chief Executive and Police Judges of the towns of the fourth, fifth and sixth classes may be appointed or elected as provided by law. The terms of office of Mayors or Chief Executives and Police Judges shall be four years, and until their successors shall be qualified, and of members of legislative boards, two years. When any city of the first or second class is divided into wards or districts, members of legislative boards shall be elected at large by the qualified voters of said city, but so selected that an equal proportion thereof shall reside in each of the said wards or districts; but when in any city of the first, second or third class, there are two legislative boards, the less numerous shall be selected from and elected by the voters at large of said city; but other officers of towns or cities shall be elected by the qualified voters therein, or appointed by the local authorities thereof, as the General Assembly may, by a general law, provide; but when elected by the voters of a town or city, their terms of office shall be four years, and until their successors shall be qualified. No Mayor or Chief Executive of any city of the first or second class, after the expiration of three successive terms of office to which he has been elected under this Constitution shall be eligible for the succeeding term. No fiscal officer of any city of the first or second class, after the expiration of the term of office to which he has been elected under this Constitution, shall be eligible for the succeeding term. "Fiscal officer" shall not include an Auditor or Assessor, or any other officer whose chief duty is not the collection or holding of public moneys. The General Assembly shall prescribe the qualifications of all officers of towns and cities, the manner in and causes for which they may be removed from office, and how vacancies in such offices may be filled. Text as Ratified on: November 6, 1986. History: 1986 amendment was proposed by 1986 Ky. Acts ch. 140, sec. 1; original version ratified August 3, 1891, and revised September 28, 1891.

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Section 161

Section 161 Compensation of city, county, or municipal officer not to be changed after election or appointment or during term, nor term extended. The compensation of any city, county, town or municipal officer shall not be changed after his election or appointment, or during his term of office; nor shall the term of any such officer be extended beyond the period for which he may have been elected or appointed. Text as Ratified on: August 3, 1891, and revised September 28, 1891. History: Not yet amended.

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Section 162

Section 162 Unauthorized contracts of cities, counties, and municipalities are void. No county, city, town or other municipality shall ever be authorized or permitted to pay any claim created against it, under any agreement or contract made without express authority of law, and all such unauthorized agreements or contracts shall be null and void. Text as Ratified on: August 3, 1891, and revised September 28, 1891. History: Not yet amended.

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Section 163

Section 163 Public utilities must obtain franchise to use streets. No street railway, gas, water, steam heating, telephone, or electric light company, within a city or town, shall be permitted or authorized to construct its tracks, lay its pipes or mains, or erect its poles, posts or other apparatus along, over, under or across the streets, alleys or public grounds of a city or town, without the consent of the proper legislative bodies or boards of such city or town being first obtained; but when charters have been heretofore granted conferring such rights, and work has in good faith been begun thereunder, the provisions of this section shall not apply. Text as Ratified on: August 3, 1891, and revised September 28, 1891. History: Not yet amended.

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Section 164

Section 164 Term of franchises limited -- Advertisement and bids. No county, city, town, taxing district or other municipality shall be authorized or permitted to grant any franchise or privilege, or make any contract in reference thereto, for a term exceeding twenty years. Before granting such franchise or privilege for a term of years, such municipality shall first, after due advertisement, receive bids therefor publicly, and award the same to the highest and best bidder; but it shall have the right to reject any or all bids. This section shall not apply to a trunk railway. Text as Ratified on: August 3, 1891, and revised September 28, 1891. History: Not yet amended.

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Section 165

Section 165 Incompatible offices and employments. No person shall, at the same time, be a State officer or a deputy officer or member of the General Assembly, and an officer of any county, city, town, or other municipality, or an employee thereof; and no person shall, at the same time, fill two municipal offices, either in the same or different municipalities, except as may be otherwise provided in this Constitution; but a Notary Public, or an officer of the militia, shall not be ineligible to hold any other office mentioned in this section. Text as Ratified on: August 3, 1891, and revised September 28, 1891. History: Not yet amended.

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Section 166

Section 166 Expiration of city charters granted prior to Constitution. All acts of incorporation of cities and towns heretofore granted, and all amendments thereto, except as provided in Section 167, shall continue in force under this Constitution, and all City and Police Courts established in any city or town shall remain, with their present powers and jurisdictions, until such time as the General Assembly shall provide by general laws for the government of towns and cities, and the officers and courts thereof; but not longer than four years from and after the first day of January, one thousand eight hundred and ninety-one, within which time the General Assembly shall provide by general laws for the government of towns and cities, and the officers and courts thereof, as provided in this Constitution. Text as Ratified on: August 3, 1891, and revised September 28, 1891. History: Not yet amended.

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Section 167

Section 167 Time of election of city, urban-county, and town officers. All officers required to be elected in cities, urban-counties, and towns by this Constitution, or by general laws enacted in conformity to its provisions, shall be elected at the general elections in November in even-numbered years. Text as Ratified on: November 3, 1992. History: 1992 amendment was proposed by 1992 Ky. Acts ch. 168, sec. 17; original version ratified August 3, 1891, and revised September 28, 1891.

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Section 168

Section 168 Ordinance not to fix less penalty than statute for same offense -- Prosecution under one a bar. No municipal ordinance shall fix a penalty for a violation thereof at less than that imposed by statute for the same offense. A conviction or acquittal under either shall constitute a bar to another prosecution for the same offense. Text as Ratified on: August 3, 1891, and revised September 28, 1891. History: Not yet amended.

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