2013 Kentucky Revised Statutes CHAPTER 267 - DRAINAGE AND RECLAMATION ACT OF 1912 267.490 Drainage commissioner and board of supervisors in counties having seventy-five or more districts or operating under KRS 267.495.
Download as PDF
267.490 Drainage commissioner and board of supervisors in counties having
seventy-five or more districts or operating under KRS 267.495.
(1)
(2)
(3)
(4)
(5)
In all counties having seventy-five (75) or more drainage districts or in all
counties availing themselves of the provisions of this section as provided in
KRS 267.495, a drainage commissioner shall be appointed as provided in
subsection (5) of this section who shall have and exercise all of the powers and
duties vested in directors and boards of drainage commissioners elected under
the provisions of KRS 267.090 and 267.100. The person so appointed shall
hold office for a term of one (1) year and until his successor shall be appointed
and qualify. He shall execute bond for the faithful performance of his duties in
the penal sum of five thousand dollars ($5,000) and shall be sworn to faithfully
perform the duties of his position to the best of his ability. Any vacancy in said
office shall be filled by the board of supervisors.
The commissioner may acquire, hold, encumber, sell and convey any property
necessary to the conduct of his affairs as commissioner, may sue and be sued,
contract and be contracted with, and shall possess any other powers and rights
necessary for carrying on his work under the provisions of this chapter. No sale
or conveyance of real property shall be made by the commissioner without the
written consent of the board of supervisors duly entered in the minutes of the
board.
The commissioner shall be paid as full compensation for his services an
amount fixed by the board of supervisors at the time of his appointment as
reasonable, provided the amount is within available funds and not inconsistent
with legal limitations on salaries. In addition, the commissioner shall be
reimbursed for all traveling expenses incurred in the performance of his duties
which, with the salary, shall be paid out of the drainage funds.
With the approval of the board of supervisors, the commissioner may appoint a
secretary-treasurer and fix his compensation. The secretary-treasurer shall
collect and receive all moneys due to the drainage commissioner by reason of
assessments and otherwise, and shall disburse the same as directed by the
drainage commissioner. The secretary-treasurer shall execute bond to the
Commonwealth of Kentucky for the use and benefit of the drainage districts in
the county, in a penal sum to be fixed by the county judge/executive, and shall
make an annual report to the board of supervisors of all collections and
disbursements. The commissioner shall submit an audit of the drainage funds
biennially to the board of supervisors.
A board of five (5) supervisors shall be established as provided in this
subsection. The county judge/executive shall call a general meeting during the
month of May wherein owners of lands included in established drainage
districts shall be eligible voters. In a general way, the judge shall indicate, at
such meeting, five (5) divisions of the total drainage district areas that will be
somewhat equal in terms of area of land. Landholders in each division so
defined by the county judge/executive shall elect by vote one (1) of their
number. The judge may hold elections for all such divisions on a given day or
designate two (2) or more days for such elections. The term of office will be
four (4) years, except that after the first election the five (5) supervisors shall
cast lots by which two (2) shall be selected for two (2) year terms and three (3)
(6)
for four (4) year terms. Thereafter similar elections shall be held biennially and
for four (4) year terms. The supervisors within two (2) weeks following their
election shall elect from their number a chairman and vice chairman. A
secretary-treasurer shall be elected who may or may not be of their number. At
this meeting the supervisors shall fix the number, time and place of regular
meetings. Special meetings of supervisors may be on call of the chairman. The
board of supervisors shall have the authority to fix salaries as provided above,
to determine qualification standards for a drainage commissioner, secure and
appoint such commissioner, to counsel and advise with the commissioner for
the purpose of effecting the greatest good to the greatest number of land
owners within the district, and shall receive and record reports of progress from
the commissioner. Any vacancies in the board of supervisors due to death,
resignation, or incapacity to serve shall be filled by appointment made by the
county judge/executive.
The board of supervisors shall have the power and authority to equalize
assessments of all lands of like classification for, and only for, the purpose of
providing funds to purchase machinery and equipment necessary in carrying
out the work of the commissioner.
Effective:May 18, 1956
History: Amended 1956 Ky. Acts ch. 235, sec. 5, effective May 18, 1956. -Amended 1950 Ky. Acts ch. 160, sec. 1. -- Amended 1942 Ky. Acts ch. 33,
secs. 1 and 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,
1942, from Ky. Stat. secs. 2380c-1, 2380c-2.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.