2012 Kentucky Revised Statutes CHAPTER 262 SOIL AND WATER CONSERVATION 262.778 Resolution for project -- Notice, hearing -- Election -- Declaratory judgment or injunction suit, time for -- Issuance of bonds -- Levy.
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262.778 Resolution for project -- Notice, hearing -- Election -- Declaratory
judgment or injunction suit, time for -- Issuance of bonds -- Levy.
(1)
(2)
(3)
(4)
Upon determination by the board of directors of a watershed conservancy district
that a watershed project is necessary, and upon approval of the plans for same by
the board of supervisors, the board of directors shall adopt a resolution which shall
set out:
(a) A description of the project in general terms;
(b) A list of the benefited lands located in the flood plain, as determined by the
board of directors, giving the acreage of such lands and the names of the
owners thereof as defined by KRS 262.010(7) with a classification of such
lands or parts thereof into classes in order that assessments may be made
according to direct benefits;
(c) The total cost of the project; and
(d) The fact that the cost shall be met by a bond issue payable solely from annual
assessments to be levied upon the lands set out in the resolution on the basis
of a certain amount per acre according to benefits received, not to exceed in
any one (1) year a sum per acre specified in the resolution, with the annual
assessments to extend over a period of years specified in the resolution not to
exceed thirty (30) years.
The board of directors shall cause due notice of the resolution to be given to all the
owners of benefited lands, as determined by the board. Said notice shall set out the
time and place of a meeting of the board of directors of the watershed conservancy
district at which owners of benefited lands who may be liable for the annual
assessments may be heard.
At the hearing upon the resolution, owners of benefited lands may voice their views
concerning the proposed project as to whether said project should be undertaken,
and the scope thereof, or the propriety of placing their lands in the project area or
the degree of benefit received by their lands. The board shall prepare a record
summarizing the proceedings. If the board of directors determines as a result of the
hearing that the project should be carried out as planned, it may make such changes
or revisions in the resolution as it deems proper and shall give due notice of an
election to be held at which benefited landowners may vote on the question of
annual special assessments to defray the cost of the project. The notice of the
election shall include the text of the resolution of the board in its final form. The
board of directors may give due notice as provided in KRS 262.010(4).
The board of directors shall prepare to be presented to the voters the question:
"Should the assessment proposed by resolution of the .... Watershed Conservancy
District be adopted?". Voters shall be instructed to vote "yes" or "no." Only owners
of benefited land as set out in the resolution shall be eligible to vote. The board of
directors may provide for a meeting of the landowners at which the vote may be
cast, in which case qualified voters may vote by absentee vote. The board shall
appoint a polling superintendent and other necessary election officers, giving
representation to the opponents of the question as well as to proponents.
(5)
(6)
If a majority of those voting upon the proposition favor the assessment, the board
shall give due notice of the vote and the fact that bonds will forthwith be issued
payable from special assessments. Any owner of property to be benefited by the
project may, within forty (40) days after publication of such notice, file an action in
the Circuit Court of the county in which his lands are located seeking relief by
declaratory judgment or injunction. If a suit is filed, the county attorney should
represent the board of directors in upholding the validity of the proposed bond
issue. After the lapse of time specified herein, all actions by owners of properties to
be benefited shall be forever barred.
If no suit is filed and no injunction issued within the time allowed in subsection (5)
of this section, the board of directors shall by resolution authorize the issuance of
bonds designated "watershed project assessment bonds," determining the principal
amount thereof and establishing the denominations and maturity dates thereof and
shall levy an annual assessment effective only upon the benefited properties and
based on the acreage thereof. The annual rate of such assessments shall be fixed
when other taxes of the district are levied and shall be sufficient in each year to
provide for the payment of such bonds and interest coupons as they mature and
sufficient to provide a fund equal to twenty percent (20%) of the average annual
principal and interest requirements, the same to constitute a "debt service reserve"
as a precaution against possible default by failure to collect annual levies. The
bonds shall state on their face that they do not constitute a debt of the district but are
payable solely from collection of special assessments made upon benefited lands
lying in the watershed conservancy district.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 51, sec. 8, effective June 26, 2007. -- Amended
1982 Ky. Acts ch. 360, sec. 83, effective July 15, 1982. -- Amended 1966 Ky. Acts
ch. 23, sec. 74. -- Created 1964 Ky. Acts ch. 116, secs. 3 and 4.
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