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268.160 Election of board -- Qualifications -- Bond -- Officers -- Powers.
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The county judge/executive shall divide the district into three (3) precincts as nearly
equal in area as practicable, following owners' property lines, and immediately upon
such division he shall appoint a temporary secretary to act for the district board. The
secretary for the board shall record the result of the division of the district into
precincts in the drainage record.
The secretary shall give twenty (20) days' notice by posting three (3) notices in each
precinct of the district and by publication pursuant to KRS Chapter 424, informing
the owners of the district that they may vote for a drainage commissioner for each
precinct and a secretary for the board and the district, within a stated time. The vote
shall be taken by the owners filing a written designation of choice, together with the
number of acres the voter owns in the district, or if benefits have been confirmed
the amount of benefits assessed against the owner's land, with the county
judge/executive. Each acre owned and assessed in the district shall count one (1)
vote, or if benefits have been confirmed each one hundred dollars ($100) or fraction
thereof in benefits assessed against the voter's land shall count one (1) vote for
secretary and drainage commissioner. The votes of the owners, when cast and filed
with the county judge/executive, shall be recorded by the secretary of the board in
the drainage record immediately after the expiration of the time for casting the vote.
Votes shall be filed with the county judge/executive by the first Monday in April for
drainage commissioner and for secretary, for a term of one (1) year beginning on the
first Monday of May following. If there is a tie vote in any contest the judge of the
county where the district has been established shall cast the deciding vote.
The board shall consist of three (3) members, being the persons who have received
the largest number of votes in each of the three (3) precincts. The secretary shall be
the party who received the largest number of votes from the district at large for that
office. The board shall elect some responsible resident of the district, who is not a
member of or secretary to the board, as treasurer. The treasurer shall be paid
whatever salary the board deems proper, and shall execute bond as the board
directs. One (1) month after the advertised election is completed, or on the first
Monday in May if not an advertised election, the elected officers shall take charge
of the drainage record and all records, maps, papers and property belonging to the
district, except money in the hands of the treasurer.
No one except an owner of land in the precinct for which he acts shall be eligible
for drainage commissioner. Each commissioner shall be a freeholder and over
twenty-one (21) years of age. The board shall have control of all improvements in
the district, except as otherwise provided. Vacancies in the office of board member
or secretary shall be filled by a special election after due advertising. Each drainage
commissioner when elected shall execute bond for the faithful performance of his
duties in the sum of $2,500 and shall be sworn to perform the duties of his office to
the best of his ability.
Immediately upon election and qualification, the board shall become a body
corporate, under the name and style of the "Board of Drainage Commissioners of ....
District," with all the powers of a corporation or as necessary to carry on its work. It
shall use a corporate seal which it may change at pleasure. The board shall elect
from among its members a president, and a vice president.
Effective: October 1, 1942
History: Amended 1966 Ky. Acts ch. 239, sec. 190. -- Amended 1944 Ky. Acts
ch. 109, sec. 2. -- Amended 1942 Ky. Acts ch. 189, secs. 1, 2. -- Recodified 1942 Ky.
Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-12.
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