67A.160 Procedure for referendum authorized by KRS 97.590 -- Combined
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/ky/67a-160A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
proposal with purchase of development rights program. The procedure for a referendum authorized by KRS 97.590 shall be as follows:
(1)A public parks purchase and maintenance program proposal authorized by KRS
97.590 may be submitted to the voters of an urban-county by either a resolution of
the legislative body or a petition meeting the requirements of this section. The
resolution or petition shall set out the matters specified in KRS 97.590(1). The
proposal shall be drafted in such a way that a vote in favor of adoption shall be a
vote in favor of the effect or impact of the proposal.
(2)Petitions shall be signed by registered voters of the urban-county government equal
in number to at least ten percent (10%) of the total number of votes cast in the
urban-county in the last regular mayoral election of the urban-county government.
(3)If, not later than ninety
(90)days preceding the day established for a regular
election, the county clerk receives a resolution adopted by a three-fifths (3/5) vote
of the legislative body of the urban-county government requesting that the question
be submitted to the voters or determines that a petition submitted in accordance
with this section is sufficient, the legal department of the urban-county government
shall prepare to place before the voters of the urban-county government at the next
regular election the question, which shall appear on the ballot in the following form:
"( ) FOR RATIFICATION OF (summary of proposed program)
( ) AGAINST RATIFICATION OF (summary of proposed program)"
The county clerk shall cause to be published not fewer than three
(3)times within
thirty
(30)days of the election, in a newspaper having a general circulation in the
territory of the urban-county government, notice of the referendum, the exact
language of the proposal, and a map prepared by the urban-county government
showing the general location of the properties that may be purchased and the public
parks that may be maintained under the program.
(4)The provisions of general election law shall apply to a referendum conducted under
this section. The certificate of the body authorized by law to canvass election
returns shall be delivered to the mayor of the urban-county government and the
certificate shall be entered upon the records of the urban-county government during
the next regular meeting of the urban-county government legislative body. If a
proposed program is approved, it shall become effective at the time specified in the
proposal, but the effective date shall not be before the first day of January following
the election.
(5)After complying with the provisions of this section and KRS 67A.847, a purchase
of development rights program authorized by KRS 67A.843 and 67A.845 may
include a public parks and maintenance program proposal authorized by KRS
97.590. In the case of a combined proposal, the urban-county government shall
place before the voters a single ballot proposal that combines the purchase of
development rights proposal and the public parks purchase and maintenance
proposal. In that event, the proposal shall specify which tax levy or portion thereof
shall provide funding for the purchase of development rights program proposal and which shall provide funding for the purchase of parks and maintenance program.