2013 Kentucky Revised Statutes CHAPTER 178 - COUNTY ROADS -- GRADE CROSSING ELIMINATION 178.330 County through road system for county containing city of first class or consolidated local government -- Establishment -- Effect.
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178.330 County through road system for county containing city of first class
or consolidated local government -- Establishment -- Effect.
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(2)
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(4)
It is hereby declared that in counties containing a city of the first class or a
consolidated local government a system of county through roads over which
traffic can be routed or which can serve as major connecting links to state
highways is a necessary and integral part of a unified system of highways,
roads, and streets needed for the movement of traffic in such a metropolitan
area and that the construction, reconstruction, widening, relocation, repair,
maintenance, and improvement of such a system of county through roads is a
proper and legitimate public function as an alternative to other authorizations or
requirements.
The fiscal court of a county containing a city of the first class or the
consolidated local government, acting upon the basis of an engineering and
traffic investigation by the county road engineer, may designate for purposes of
construction, reconstruction, widening, relocation, repair, maintenance, and
improvement from among the public roads within the county certain roads
proposed to constitute the "county through road system." County through roads
may include:
(a) Main traveled roads;
(b) Roads in unincorporated areas necessary for the circulation of traffic
within the county;
(c) Streets and roads through, within, or adjacent to cities of any class
necessary for the circulation of traffic within the county; or
(d) Major roads connecting two (2) primary roads maintained by the state.
County through roads shall not include roads on the state highway system.
As soon as the proposed county through roads are designated as provided in
subsection (2) of this section, the fiscal court or a consolidated local
government shall cause such county through roads to be marked on a map to
be deposited with the county road engineer and to be open to public
inspection. Upon the filing of the map, the clerk of the fiscal court or the clerk of
a consolidated local government shall, in conformance with KRS 424.130(1)(b),
have published in a newspaper of bona fide general circulation within the
county:
(a) A notice of the proposed adoption of a county through road system;
(b) A description of roads or portions thereof proposed to be included;
(c) Notice of the date upon which the fiscal court or a consolidated local
government will consider the adoption of the county through road system;
and
(d) Notice that the map of the proposed county through road system is open
to inspection in the office of the county road engineer.
At any time before the adoption of the county through road system, any
freeholder of the county may file a petition with the county road engineer
asking for any change in the designated county through roads, setting forth the
reason for the proposed change. Such petition shall be accompanied by a plat
showing such proposed change. Any such petition shall be considered by the
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(6)
fiscal court or the consolidated local government at its meeting held on the date
advertised in accordance with subsection (3) of this section. The fiscal court or
the consolidated local government may accept or reject any such suggested
changes in the proposed county through road system. The fiscal court or the
consolidated local government may continue the consideration to a later
meeting which must be advertised as provided in subsection (3) of this section.
The roads which the fiscal court or the consolidated local government so
designated by official resolution shall be conclusively established as the county
through road system.
Classifications or designations of a county through road system established by
this section shall not affect or change classifications or designations made by
other sections of the Kentucky Revised Statutes such as "county roads," "main
county roads," "rural and secondary roads," "turnpikes," "city streets," or similar
terms; except that when there is an irreconcilable conflict arising from the
actual application of this section in a given instance and a designation or
classification made in other sections of the Kentucky Revised Statutes, this
section shall prevail. Nothing in KRS 178.020 to 178.040, 178.117, 178.330 to
178.337, 179.070, and 179.330 shall preclude the expenditure on the county
through road system, including portions within cities, of state funds allocated
for public highways under the provisions of KRS 179.410 and 179.415, or
177.320 to 177.369, or any other section of the Kentucky Revised Statutes in
accordance with the provisions of KRS 177.330, 177.340, or 179.440.
The provisions of KRS 178.050 to 178.100 shall not apply to a county through
road system established or maintained under KRS 178.330 to 178.337.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 346, sec. 186, effective July 15, 2002. -Amended 1980 Ky. Acts ch. 188, sec. 136, effective July 15, 1980. -- Created
1964 Ky. Acts ch. 80, sec. 1.
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