2016 Kentucky Revised Statutes CHAPTER 75 - FIRE PROTECTION DISTRICTS .022 Definitions -- Respective rights of city and fire district to provide certain fire protection services within city boundaries -- Fire protection services for newly annexed city territory -- Financing of fire protection services -- Written agreements between fire district and city -- Provision of fire service to territory annexed by city that does not maintain a regular fire department.
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75.022 Definitions -- Respective rights of city and fire district to provide certain
fire protection services within city boundaries -- Fire protection services for
newly annexed city territory -- Financing of fire protection services -- Written
agreements between fire district and city -- Provision of fire service to territory
annexed by city that does not maintain a regular fire department.
(1)
(2)
(3)
(4)
(a)
As used in subsections (2) to (4) of this section, "city" means any city
government that maintains a regular fire department as defined in KRS
95.010(3)(b).
(b) As used in subsections (2) to (5) of this section, "fire district" means a fire
protection district or a volunteer fire department district created in accordance
with the procedures of KRS 65.182, county volunteer fire department
established under the authority of KRS 67.083, and volunteer fire departments
created as nonprofit corporations under KRS Chapter 273.
Except as provided in subsection (4) of this section, a fire district shall not contain
or later include within its boundaries any territory that is located within the
corporate limits of a city. Subject to the limitations of subsections (3) and (4) of this
section, a city shall have the primary right to provide fire service to all territories
located within its corporate limits.
(a) In order for a city to assume the provision of fire service to annexed or newly
incorporated territory that is being served by a fire district, the city shall pay
the fire district for the proportionate share of the fire district's indebtedness
that was incurred while the annexed or newly incorporated territory was
included within the fire district.
(b) Unless otherwise agreed to in writing by the city and the fire district, the
proportionate share of the fire district's debt attributable to annexed or newly
incorporated territory shall be calculated based upon the ratio of the total
value of taxable real property included within the annexed or newly
incorporated territory to the total value of all taxable real property located
within the entire fire district as it existed prior to the annexation or
incorporation by the city. The resulting quotient shall be multiplied by the fire
district's total indebtedness to determine the amount of liability that the city is
responsible for paying to the fire district.
(c) Unless otherwise agreed to in writing by the city and the fire district, the city
shall pay the entire amount of the proportionate share of the indebtedness to
the fire district prior to assuming service in the annexed or newly incorporated
territory or shall pay the total amount in equal yearly installments over no
more than three (3) consecutive years. The first installment shall be due to the
fire district prior to the city assuming the provision of fire services.
(d) If a city meets the requirements of this subsection, the annexed or newly
incorporated territory shall be stricken from the boundaries of the fire district,
and the fire district shall no longer be authorized to collect any taxes from
property owners within the stricken territory.
A city shall cede its primary right to provide fire services to annexed or newly
(5)
incorporated territory located within a fire district if:
(a) The city does not comply with the requirements of subsection (3) of this
section to pay the fire district for the proportionate share of the indebtedness
attributable to the annexed or newly incorporated territory;
(b) The fire district has no indebtedness at the time of the annexation or
incorporation, and the fire district and city agree in writing that it is in the best
interests of the citizens and property owners within the annexed or
incorporated territory to continue to have fire service provided by the fire
district. The agreement entered into by the fire district and the city may
contain any agreed-upon term, conditions, and limitations; or
(c) Any circumstance exists where the fire district and city agree in writing that it
is more appropriate and beneficial to the citizens and property owners within
the territory for the fire district to continue the provision of fire services
within the annexed or newly incorporated territory. The agreement entered
into by the fire district and the city may contain any agreed-upon term,
conditions, and limitations.
(a) As used in this subsection, "regular fire department" has the same meaning as
in KRS 95.010(3)(b).
(b) A city that does not maintain a regular fire department, but maintains its own
volunteer fire department:
1.
Shall have the right to assume the provision of fire service to territory
annexed by the city that, at the time of the annexation, is being served by
a fire district that does not maintain a regular fire department. A city that
elects to assume the provision of fire service pursuant to this subsection
shall follow the procedures established in subsections (3) and (4) of this
section; and
2.
Shall not have the primary right to provide fire services to any territory
that is being served by a fire district that maintains a regular fire
department, unless the fire district strikes the territory from the district
boundaries as authorized in KRS 75.020.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 117, sec. 3, effective July 15, 2016. -- Created
2013 Ky. Acts ch. 27, sec. 1, effective June 25, 2013.
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