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268.160 Election of board -- Qualifications -- Bond -- Officers -- Powers.
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The county judge/executive shall divide the district into three (3) precincts as
nearly equal in area as practicable, following owners' property lines, and
immediately upon such division he shall appoint a temporary secretary to act
for the district board. The secretary for the board shall record the result of the
division of the district into precincts in the drainage record.
The secretary shall give twenty (20) days' notice by posting three (3) notices in
each precinct of the district and by publication pursuant to KRS Chapter 424,
informing the owners of the district that they may vote for a drainage
commissioner for each precinct and a secretary for the board and the district,
within a stated time. The vote shall be taken by the owners filing a written
designation of choice, together with the number of acres the voter owns in the
district, or if benefits have been confirmed the amount of benefits assessed
against the owner's land, with the county judge/executive. Each acre owned
and assessed in the district shall count one (1) vote, or if benefits have been
confirmed each one hundred dollars ($100) or fraction thereof in benefits
assessed against the voter's land shall count one (1) vote for secretary and
drainage commissioner. The votes of the owners, when cast and filed with the
county judge/executive, shall be recorded by the secretary of the board in the
drainage record immediately after the expiration of the time for casting the
vote. Votes shall be filed with the county judge/executive by the first Monday in
April for drainage commissioner and for secretary, for a term of one (1) year
beginning on the first Monday of May following. If there is a tie vote in any
contest the judge of the county where the district has been established shall
cast the deciding vote.
The board shall consist of three (3) members, being the persons who have
received the largest number of votes in each of the three (3) precincts. The
secretary shall be the party who received the largest number of votes from the
district at large for that office. The board shall elect some responsible resident
of the district, who is not a member of or secretary to the board, as treasurer.
The treasurer shall be paid whatever salary the board deems proper, and shall
execute bond as the board directs. One (1) month after the advertised election
is completed, or on the first Monday in May if not an advertised election, the
elected officers shall take charge of the drainage record and all records, maps,
papers and property belonging to the district, except money in the hands of the
treasurer.
No one except an owner of land in the precinct for which he acts shall be
eligible for drainage commissioner. Each commissioner shall be a freeholder
and over twenty-one (21) years of age. The board shall have control of all
improvements in the district, except as otherwise provided. Vacancies in the
office of board member or secretary shall be filled by a special election after
due advertising. Each drainage commissioner when elected shall execute bond
for the faithful performance of his duties in the sum of $2,500 and shall be
sworn to perform the duties of his office to the best of his ability.
Immediately upon election and qualification, the board shall become a body
corporate, under the name and style of the "Board of Drainage Commissioners
of .... District," with all the powers of a corporation or as necessary to carry on
its work. It shall use a corporate seal which it may change at pleasure. The
board shall elect from among its members a president, and a vice president.
Effective:October 1, 1942
History: Amended 1966 Ky. Acts ch. 239, sec. 190. -- Amended 1944 Ky. Acts
ch. 109, sec. 2. -- Amended 1942 Ky. Acts ch. 189, secs. 1, 2. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 2380b-12.
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