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74.500 Procedure for participation by other city or water districts.
After the creation of a water commission provided for by KRS 74.420 to 74.520, a
city or water district which did not participate in the creation of said commission may
participate in its operation and appoint a commissioner to serve on said commission
in the following manner:
(1) The governing body of such city or water district shall adopt and file with the
county judge/executive who entered the order creating said commission an
ordinance or resolution electing and requesting that it be permitted to be
included in and represented by said commission in the same manner and to
the same extent as if said city or water district had originally participated in the
creation of said commission.
(2) Upon such filing the county judge/executive shall by appropriate order set a
date for a public hearing on the inclusion of such a city or water district in said
commission, and shall give notice of such public hearing in the manner as
provided by KRS 74.440. Any resident of the city or water district at the time
represented by said commission, and any resident of the city or water district
requesting to be included in and represented by said commission and to
participate in its operation, may file objections, and at the public hearing if the
county judge/executive finds that the inclusion of such city or water district in
said commission is reasonably necessary or advantageous for the public
health, convenience and comfort of the residents of all cities and water districts
represented by said commission, including the city or water district requesting
to be included in said commission, and provided further that there shall be on
file with the county judge/executive a resolution adopted by said commission
evidencing its willingness to have such city or water district included in and
represented by said commission the county judge/executive shall make an
order authorizing the inclusion of such city or water district in the commission. If
the county judge/executive does not find that the inclusion of such city or water
district is reasonably necessary or advantageous he shall make an appropriate
order in this regard. Any party in interest may thereupon appeal to the Circuit
Court.
(3) Upon the entering of the order by the county judge/executive authorizing the
inclusion of such city or water district in said commission the number of
commissioners, if any, to be appointed to said commission by the county
judge/executive shall be reduced by one (1) and the presiding officer, with the
approval of the governing body of the city or water district which shall by virtue
of said proceedings be included in and represented by said commission, shall
appoint a commissioner whose term shall begin at the expiration of the term of
the commissioner appointed by the county judge/executive whose term shall
first expire. In the event there is no commissioner on said commission
appointed by the county judge/executive the term of the commissioner
appointed by the presiding officer of such city or water district shall be fixed so
that the terms of approximately one-third (1/3) of the commissioners will expire
in each year.
Effective:June 17, 1978
History: Amended 1978 Ky. Acts ch. 384, sec. 194, effective June 17, 1978. -Created 1960 Ky. Acts ch. 207, sec. 9, effective June 16, 1960.
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