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65.170 Dissolution by referendum.
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(2)
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A district may be dissolved by a referendum as provided in this section.
Persons seeking dissolution of a district shall submit a petition to the county
clerk signed by at least fifty percent (50%) of that class of citizens who may by
law petition for the creation of the district.
The petition shall be in substantially the following form: "The undersigned
(registered voters, qualified voters, freeholders, or landowners as determined
by subsection (2) of this section) living within (name of the district and
containing a metes and bounds description of the district) hereby request that
the question of the dissolution of the district be put to a referendum." The
petition shall conspicuously state in layman's terms that any legal obligations of
the district must be satisfied before the district can be dissolved and that the
citizens of the district shall be responsible for the satisfaction of any such
obligations. Signatures on the petition shall be dated, the last no later than
ninety (90) days after the first.
If the county clerk determines that the petition is in proper order, he shall certify
the petition to the fiscal court or consolidated local government. The fiscal court
or consolidated local government shall direct that the question be placed
before the voters at the next regular election if the petition is certified not later
than the second Tuesday in August preceding the day of the regular election.
The fiscal court or consolidated local government shall bear the costs of
advertising and placing the question before the voters.
The county clerk shall advertise the question as provided in KRS Chapter 424
and shall prepare the following admonition to the voter: "The (name of district)
may have existing legal obligations that must be satisfied before the district can
be dissolved. The citizens of the district shall be responsible for the satisfaction
of any such obligations." The question of the dissolution of the district shall be
placed before the voters in substantially the following form: "The (name of the
district and containing a metes and bounds description of the district) should be
dissolved." The voter shall vote "yes" or "no."
Registered voters eligible to sign a petition for dissolution as provided by
subsection (2) of this section shall be eligible to vote on the question of
dissolution.
In referendums under this section, provision shall be made for those opposing
the dissolution of the district to have equal representation with the proponents
of the measure in the determination of eligibility of voters, and in the
observance of canvassing and certifying of the returns.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 346, sec. 25, effective July 15, 2002. -Amended 1996 Ky. Acts ch. 195, sec. 28, effective July 15, 1996. -- Amended
1982 Ky. Acts ch. 360, sec. 14, effective July 15, 1982. -- Created 1980 Ky. Acts
ch. 369, sec. 4, effective July 15, 1980.
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