2013 Kentucky Revised Statutes CHAPTER 96A - MASS TRANSIT AUTHORITIES 96A.340 Publication of resolution or ordinance -- Framing of proposal -- Majority required -- Status of voted levies.
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96A.340 Publication of resolution or ordinance -- Framing of proposal -Majority required -- Status of voted levies.
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The resolution or ordinance of each public body determining that a proposition
for the establishment of a mass transportation program be submitted to the
electorate of such public body or to the electorate of the transit area of such
transit authority, as the case may be, shall in each case be published in the
newspaper having the largest bona fide circulation in the area affected and
KRS 424.120 notwithstanding, in the following manner:
(a) The advertisement shall contain a notification that there is to be a
referendum, the subject of which is to be the proposed sales tax.
(b) The advertisement shall contain the amount of the proposed sales tax
and the subject(s) thereof.
(c) The advertisement shall include the manner in which the tax shall be
levied.
(d) The advertisement shall include the manner in which and purposes for
which revenues resulting from the tax levy shall be spent.
(e) The advertisement shall be no less than one-quarter (1/4) page in size,
and
(f) Shall be published at least once weekly for the nine (9) weeks
immediately prior to the date of the referendum,
(g) And daily for the week immediately prior to the date of the publication in
those papers with daily publication.
(h) The advertisement shall begin with the word "Tax."
Thereafter such public body or public bodies shall cause the proposition to be
prepared for submission to the electorate of either such public bodies or such
transit area of the transit authority, as the case may be, at an election to be
called and held for such purpose. Such election may be held upon any date
stipulated by the public body or public bodies and shall be held pursuant to
notice as prescribed in KRS 424.130. Said election may, but need not, be held
in conjunction with a regularly scheduled November election or a primary
election as otherwise provided by law. The proposal to be submitted to the
electorate of such public body or public bodies, or transit area of such transit
authority, as the case may be, shall be so framed that any voter who wishes to
vote in favor of the mass transportation program and the financing source
therefor may signify his approval by voting "yes," and any voter who wishes to
vote against the mass transportation program and the funding therefor may do
so by voting "no."
In the event any such mass transportation program proposal is submitted to
the electorate of any individual public body, such proposition and the source of
funding therefor shall be approved if a majority of those voting on the proposal
within the public body shall vote "yes."
In the event any such mass transportation program proposal is submitted to
the electorate of any transit area of any such transit authority by simultaneous
submission by all public bodies who are at the time of such submission
members of such transit authority, such proposition and the source of funding
therefor shall be approved if a majority of those voting on the proposal within
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the transit area of such transit authority shall vote "yes."
Any additional voted levies of ad valorem taxes approved by electorates
pursuant to KRS 96A.310 to 96A.370, shall in the case of individual public
bodies, be added to and constitute legal tax levies of such individual public
bodies within the meaning of the Constitution of Kentucky, and shall, in the
case of votes taken in transit areas of transit authorities, constitute legal tax
levies of each and every individual public body which is a member of any such
transit authority within the meaning of the Constitution of Kentucky.
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 37, sec. 1. -- Amended
1976 Ky. Acts ch. 350, sec. 3. -- Created 1974 Ky. Acts ch. 169, sec. 4.
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