2013 Kentucky Revised Statutes CHAPTER 65 - GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS 65.810 Sole method of creating a nontaxing special district.
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65.810 Sole method of creating a nontaxing special district.
Except as otherwise provided by state law, the sole method of creating a district
shall be in accordance with the following:
(1) Persons desiring to form a district shall present a petition to the fiscal court
clerk and to each member of the fiscal court, meeting the criteria of KRS
65.815, and signed by a number of registered voters equal to or greater than
twenty percent (20%) of an average of the voters living in the proposed service
area and voting in the last four (4) general elections. At time of its submission
to fiscal court each petition shall be accompanied by a plan of service, showing
such of the following as may be germane to the purposes for which the district
is being formed:
(a) The statutory authority under which the district is created and under
which the district will operate;
(b) Demographic characteristics of the area including but not limited to
population, density, projected growth, and assessed valuation;
(c) A description of the service area including but not limited to the
population to be served, a metes and bounds description of the area of
the proposed district, the anticipated date of beginning service, the nature
and extent of the proposed service, the projected effect of providing
service on the social and economic growth of the area, and projected
growth in service demand or need;
(d) A three (3) year projection of cost versus revenue;
(e) Justification for formation of the district including but not limited to the
location of nearby governmental and nongovernmental providers of like
services; and
(f) Any additional information such as land use plans, existing land uses,
drainage patterns, health problems, and other similar analyses which bear
on the necessity and means of providing the proposed service.
(2) The fiscal court clerk shall notify all planning commissions, cities, and area
development districts within whose jurisdiction the proposed service area is
located and any state agencies required by law to be notified of the proposal
for the creation of the district.
(3) The fiscal court clerk shall schedule a hearing on the proposal for no earlier
than thirty (30) nor later than ninety (90) days following receipt of the petition,
charter, and plan of service, and shall, in accordance with the procedures of
KRS Chapter 424, publish notice of the time and place of the public hearing
and an accurate map of the area or a description in layman's terms reasonably
identifying the area of the proposed district.
(4) At the public hearing, the fiscal court shall take testimony of interested parties
and solicit the recommendations of any planning commission, city, area
development district, or state agency meeting the criteria of subsection (2) of
this section.
(5) The fiscal court may extend the hearing, from time-to-time, for ninety (90) days
from the date of the initial hearing and shall render a decision within thirty (30)
days of the final adjournment of the hearing.
(6)
(7)
(8)
Following the hearing, the fiscal court shall set forth its written findings of fact
and shall approve or disapprove the formation of the district to provide service
as described in the plan of service, and to exercise the powers granted by the
specific statutes that apply to the district being formed.
The creation of a district shall be of legal effect only upon the adoption of an
ordinance, in accordance with the provisions of KRS 67.075 and 67.077,
creating such district and compliance with the requirements of KRS 65.005.
Nothing in this section shall be construed to enlarge upon or to restrict the
powers granted a district under the district's specific authorizing statutes.
Effective:July 13, 1984
History: Created 1984 Ky. Acts ch. 64, sec. 2, effective July 13, 1984.
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