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76.241 Construction subdistrict established -- Petition, procedure, judicial
review -- Waiver of notice and hearing.
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(2)
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The district may establish a construction subdistrict when twenty-five percent
(25%) or more of the freeholders of land sought to be included in the
construction subdistrict file their petition with the district. The petition shall
describe the territory intended to be included in the construction subdistrict and
the sewer and drainage conditions and facilities existing in this territory. The
territory of the construction subdistrict may be noncontiguous to other territory
of the district. Tenants in common, joint tenants with or without right of
survivorship, and tenants by the entireties shall be deemed one (1) freeholder
or property owner.
When the petition is filed with the district, said district shall give notice of the
filing by publication pursuant to KRS Chapter 424. Within thirty (30) days after
the publication, any resident or freeholder of the proposed construction
subdistrict may file objections and the district shall set the case for hearing
within thirty (30) days. If the district finds that the establishment of the
construction subdistrict is reasonably necessary for the public health,
convenience and comfort of the residents of the subdistrict, it shall make an
order establishing the construction subdistrict and designating it by name and
number.
If the district finds that the construction subdistrict is not necessary, it may
dismiss the petition. If the district finds that any part of the proposed territory
will not be benefited, it may strike such part. If the district strikes a certain
portion of the area, the signature of the freeholders of that portion shall not be
counted in determining whether the necessary twenty-five percent (25%) have
petitioned for the creation of the subdistrict. A copy of the order of the board
establishing a construction subdistrict shall be published in accordance with
KRS Chapter 424.
An order of the district rejecting or dismissing the petition shall be deemed a
final order of the district appealable to the Circuit Court under the procedure set
forth in KRS 76.247 within sixty (60) days. Appeals to the Circuit Court from the
order establishing a construction subdistrict or striking or refusing to strike any
territory from a construction subdistrict shall be made only as provided in KRS
76.247 and only after following the procedures required in KRS 76.247.
In the event the owner or owners of all property or properties proposed to be
included within the territorial boundaries of a construction subdistrict shall
tender to the district their written request or requests that the district proceed
immediately with the creation of a construction subdistrict, and the construction
and installation therein of sewer facilities as provided in KRS 76.241 to 76.273,
inclusive, and shall unqualifiedly waive all formalities and substantive rights
contained in:
(a) KRS 76.241, concerning the affording of notice as to creation of a
construction subdistrict, the time for filing objections to the creation
thereof, and the time for appealing from an order establishing a
construction subdistrict;
(b) KRS 76.243, concerning the affording of notice as to proposed
assessments; and
(c)
(6)
KRS 76.246, concerning the holding of a public hearing, and permitting
litigation following the making and publication of an order concerning the
construction plan in general.
The district may thereupon make and publish an order creating such
construction subdistrict, and its order as provided in KRS 76.246(2), without
further action being required, and may thereupon proceed to carry out said
plan for improvements without further recourse to said identified statutory
provisions and formalities; but in all such instances the written request or
requests of the owner or owners of all properties proposed to be included
within the territorial boundaries of such construction subdistrict shall be in
recordable form and shall be recorded in the office of the county clerk of the
county wherein the properties are situated, and said clerk is authorized to
record such instruments as in the case of mortgages and may charge and
receive fees therefor as in the case of mortgages. Each resolution of the
district, by which an improvement is undertaken according to this section, shall
contain a recitation of the receiving of written requests and waivers from the
owners of all properties included within the territorial boundaries of the
construction subdistrict. In the event the district proceeds pursuant to KRS
Chapter 107, as authorized by KRS 76.251, the lien for which provision is
made in KRS 107.160 shall attach upon publication of the resolution
(equivalent to the "third ordinance") which authorizes issuance of improvement
assessment bonds.
Effective:June 17, 1978
History: Amended 1978 Ky. Acts ch. 384, sec. 198, effective June 17, 1978. -Amended 1966 Ky. Acts ch. 75, sec. 1. -- Created 1964 Ky. Acts ch. 33, sec. 12.
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