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281.012 Definitions.
As used in this chapter, unless the context requires otherwise:
(1) "Suburban area" means territory wholly within the State of Kentucky which
extends not more than two (2) air miles beyond the corporate limits of any
municipality except an urban-county and one (1) mile additional for each fifty
thousand (50,000) population or major fraction thereof, and, where one (1) or
more municipalities are contiguous or adjoining, the combined population of
such contiguous or adjoining municipalities shall be considered in determining
the suburban area of each such contiguous or adjoining municipality. Where all
units of city and county government have been merged to form an
urban-county government, "suburban area" means territory which extends not
more than two (2) air miles beyond the corporate limits of any such unit of city
government as fixed and established immediately prior to the effective date of
the merger and one (1) additional mile for each fifty thousand (50,000)
population or major fraction thereof of said city as determined by the last
federal census prior to the effective date of the merger. Where one (1) or more
units of city government were contiguous or adjoining prior to merger, their
combined population as determined by the last federal census prior to the
effective date of merger shall be considered in determining the suburban area
of each such city. The department may, from time to time, upon a showing as
hereinafter provided, authorize and permit the holder of a suburban bus
certificate to extend its operations beyond the territorial limits of any such city
or cities for a distance not to exceed ten (10) air miles, if said department finds:
(a) That the territory proposed to be served adjoins or is contiguous to said
city; and
(b) That the territory proposed to be served has such density of population
and that the physical, business, economic and social interest is such as to
make it an integral part of the city as to which it adjoins or is contiguous
and that it would be in the public interest and to the benefit of persons
residing in said territory that they be served by the holder of a suburban
bus certificate;
(c) Where the territory proposed to be served is within the boundaries of an
urban-county the department will not consider the merger as a factor in
determining whether such area is an integral part of the city to which it
adjoins or is contiguous.
(2) "Commercial area" means territory wholly within the Commonwealth which
extends not more than two (2) air miles beyond the corporate limits of any
municipality and one (1) mile additional for each fifty thousand (50,000)
population or major fraction thereof, and, where one (1) or more municipalities
are contiguous or adjoining, the combined population of such contiguous or
adjoining municipalities shall be considered in determining the commercial area
of each such contiguous or adjoining municipality. Where all units of city and
county government have been merged to form an urban-county government,
"commercial area" means territory which extends not more than two (2) air
miles beyond the corporate limits of any such unit of city government as fixed
and established immediately prior to the effective date of the merger and one
(1) additional mile for each fifty thousand (50,000) population or major fraction
thereof of said city as determined by the last federal census prior to the
effective date of the merger. Where one (1) or more units of city government
were contiguous or adjoining prior to merger, their combined population as
determined by the last federal census prior to the effective date of merger shall
be considered in determining the commercial area of each such city. The
department may, from time to time, upon a showing, as hereinafter provided,
authorize and permit the holder of a certificate authorizing the transportation of
property to extend its operations beyond the territorial limits of any such city or
cities for a distance not to exceed ten (10) air miles, if said department finds:
(a) That the territory proposed to be served adjoins or is contiguous to said
city; and
(b) That the territory proposed to be served has such density of population
and that the physical, business, economic and social interest is such as to
make it an integral part of the city to which it adjoins or is contiguous and
that it would be in the public interest and to the benefit of persons residing
in said territory that they be served by the holder of a certificate
authorizing the transportation of property.
(c) Where the territory proposed to be served is within the boundaries of an
urban-county the department will not consider the merger as a factor in
determining whether such area is an integral part of the city to which it
adjoins or is contiguous.
History: Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(2); and ch. 142, sec. 2,
effective June 21, 1974. -- Created 1958 Ky. Acts ch. 130, sec. 3.
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