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220.040 Petition necessary to establish district -- Requisites.
(1)
(2)
Before the commissioner of sanitation districts shall establish a district, a petition,
approved as to propriety and necessity by the county board of health of each county
affected, shall be filed with the commissioner, containing valid signatures of sixty
percent (60%) of those in possession claiming as freeholders within the limits of the
territory proposed to be organized into a district.
In determining when sixty percent (60%) of the landowners have signed the
petition, the commissioner shall consult with the landowners whose names appear
upon the county tax duplicate, which for all purposes of KRS 220.010 to 220.520
shall be prima facie evidence of such ownership. The commissioner shall further
require evidence to determine the fact that all signatures on the petition are genuine,
and a notification by ordinary mail sent to the respective addresses shown on the
petition shall be deemed satisfactory by the commissioner if the petitioner so
notified fails to report in writing within ten (10) days that he did not sign the
petition. When authorized by ordinance, such a petition may be signed by the
governing body of any municipality lying wholly or partly within the proposed
district. When so signed by such governing body a petition on the part of the
governing body shall fill all requirements of representation upon the petition of the
freeholders of the municipality as they appear upon the assessment roll of the
municipality, and individuals within the municipality shall not sign the petition.
Such a petition may also be filed by any municipality interested in some degree in
the improvement, upon proper action by its governing body, except as provided in
KRS 220.520.
Effective: July 15, 1982
History: Amended 1982 Ky. Acts ch. 217, sec. 5, effective July 15, 1982. -- Amended
1960 Ky. Acts ch. 195, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 2062g-4.
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