2013 Kentucky Revised Statutes CHAPTER 75 - FIRE PROTECTION DISTRICTS 75.020 Annexation or reduction of territory -- Expansion into territory served by fire department -- Assumption by city of debt -- Merger of districts.
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75.020 Annexation or reduction of territory -- Expansion into territory served
by fire department -- Assumption by city of debt -- Merger of districts.
(1)
(a)
(b)
(c)
The territorial limits of an established fire protection district, or a volunteer
fire department district, as established under KRS 75.010 to 75.080, may
be enlarged or diminished in the following way: The trustees of the fire
protection district or of the volunteer fire department district shall file a
petition in the county clerk's office of the county in which that district and
the territory to be annexed or stricken off, or the greater part thereof, is
located, describing the territory to be annexed or stricken and setting out
the reasons therefor. Notice of the filing of such petition shall be given by
publication as provided for in KRS Chapter 424. On the day fixed in the
notice, the county judge/executive shall, if the proper notice has been
given, and the publication made, and no written objection or
remonstrance is interposed enter an order annexing or striking off the
territory described in the petition. Fifty-one percent (51%) or more of the
freeholders of the territory sought to be annexed or stricken off may, at
any time before the date fixed in the notice, remonstrate in writing, filed in
the clerk's office, to the action proposed. If such written remonstrance is
filed, the clerk shall promptly give notice to the trustees of the fire
protection district, or of the volunteer fire department district, and the
county judge/executive shall hear and determine the same. If upon such
hearing, the county judge/executive finds from the evidence that a failure
to annex or strike off such territory will materially retard the functioning of
the fire protection district or the volunteer fire department district and
materially affect adversely the owners and the inhabitants of the territory
sought to be annexed or stricken off, he or she shall enter an order,
granting the annexation or striking off the territory. In the latter event, no
new petition to annex or strike off all or any part of the same territory shall
be entertained for a period of two (2) years. Any aggrieved person may
bring an action in Circuit Court to contest the decision of the county
judge/executive.
In addition to the provisions of paragraph (a) of this subsection, if the
trustees of a fire protection district or a volunteer fire department district,
as established under KRS 75.010 to 75.080, are seeking to expand
territory into an area served by a fire department created under KRS
Chapter 273, then the trustees shall, prior to executing the provisions of
paragraph (a) of this subsection, enter into a written agreement with the
fire chief and the board of the fire department created under KRS Chapter
273. The agreement shall establish the proposed new boundary. On the
day the agreement is finalized, the trustees of the district shall send by
certified mail, return receipt requested, or have personally delivered a
copy of the agreement to the county judge/executive of the county
containing the territory subject to the expansion. The notice required in
paragraph (a) of this subsection shall, in lieu of the applicable publication
requirements set out in KRS Chapter 424, be published at least once a
week, for a minimum of two (2) weeks. The last publication shall occur no
less than seven (7) days before the date fixed in the notice.
If the trustees approach the fire chief and board of the fire department
(2)
(3)
(4)
created under KRS Chapter 273 in the manner authorized in paragraph
(b) of this subsection and are unable to reach an agreement within thirty
(30) days, the trustees, or any real property holder of the territory subject
to the annexation, may directly seek permission from the real property
holders of that territory to continue with the annexation procedure set out
in paragraphs (a) and (b) of this subsection by circulating a petition and
securing the signatures of at least fifty-one percent (51%) of the real
property holders within that territory. The petition shall include the
residential address of the signer and the date of the signature. The
petition shall be certified by the county clerk if the clerk finds the petition
sufficient in form and requisite amount of signatures.
The property in any territory annexed to a fire protection district or to a
volunteer fire department district shall not be liable to taxation for the purpose
of paying any indebtedness incurred by the fire protection district or the
volunteer fire department district prior to the date of the annexation of such
territory, except such indebtedness as represents the balance owing on the
purchase price of firefighting equipment. The property in any territory stricken
off from a fire protection district or a volunteer fire department district by the
incorporation of or annexation by a city of this Commonwealth shall not be
relieved of liability of such taxes as may be necessary to pay its proportionate
share of the indebtedness incurred while such territory was a part of that
district. Territories stricken by action of the county judge/executive under the
provisions of subsection (1) shall be relieved of liability for all indebtedness
incurred by the fire protection district or the volunteer fire department district.
Any city that maintains a "regular fire department," and has either by
incorporation or annexation caused property to be stricken from a fire
protection district or a volunteer fire department district, shall comply with KRS
75.022(3).
The territorial limits of two (2) or more fire protection districts, or volunteer fire
department districts, as established by KRS 75.010 to 75.080, may be merged
into one (1) fire protection district or volunteer fire department district as
follows:
(a) The trustees of each fire protection district or volunteer fire department
district shall file a joint petition in the county clerk's office of the county in
which all of the districts and the territory to be merged into one (1) district,
or the greater part of the district, is located, describing the territory to be
merged into the district and setting out the reasons for the merger;
(b) Notice of the filing of the petition shall be given by publication as provided
in KRS Chapter 424 for public notices;
(c) On the day fixed in the notice, the county judge/executive shall, if proper
notice by publication has been given, and no written objection or
remonstrance has been made, enter an order merging the fire protection
districts or volunteer fire department districts described in the petition;
(d) Fifty-one percent (51%) or more of the property owners of the territory
sought to be merged into one (1) district may, at any time before the date
fixed in the notice, remonstrate by written petition to the county clerk
regarding their objection to the merger of the districts. If a petition is filed,
(5)
the county clerk shall give prompt notice to the trustees of the fire
protection districts or the volunteer fire protection districts and the county
judge/executive;
(e) The county judge/executive shall schedule a hearing regarding the
petition and shall give public notice as to the date, time, and place of the
hearing. If after the hearing, the county judge/executive finds from the
evidence that a failure to merge the territory will materially retard the
functioning of the fire protection districts or volunteer fire department
districts and materially affect adversely the owners and the inhabitants of
the territory sought to be merged, he or she shall enter an order granting
the merger of the districts into one (1) fire protection district or volunteer
fire department district; and
(f) Any aggrieved person may bring an action in Circuit Court to contest the
decision of the county judge/executive regarding the merger fire
protection districts or volunteer fire department districts.
The property in any fire protection district or volunteer fire department district
which is merged with another fire protection district or volunteer fire department
district shall not be liable to taxation for the purpose of paying any
indebtedness incurred by the other fire protection district or volunteer fire
department district prior to the date of the merger into one (1) fire protection
district, except indebtedness which represents a balance owed on the
purchase price of firefighting equipment from the other fire protection district or
volunteer fire department district.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 27, sec. 3, effective June 25, 2013. -Amended 2008 Ky. Acts ch. 166, sec. 1, effective July 15, 2008. -- Amended
2004 Ky. Acts ch. 19, sec. 1, effective July 13, 2004. -- Amended 1996 Ky. Acts
ch. 127, sec. 1, effective July 15, 1996. -- Amended 1984 Ky. Acts ch. 100,
sec. 8, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 196,
effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14,
sec. 68, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 62, sec. 78. -Amended 1966 Ky. Acts ch. 146, sec. 8. -- Amended 1964 Ky. Acts ch. 184,
sec. 2. -- Amended 1960 Ky. Acts ch. 104, sec. 4. -- Created 1944 Ky. Acts
ch. 133, sec. 2.
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