75.020 Annexation or reduction of territory -- Expansion into territory served by
1,570 words·~7 min read·
/ky/75-020A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
fire department -- Assumption by city of debt -- Merger of districts -- Service
area boundary maps to be updated and filed.
(a)The territorial limits of an established fire protection district, or a volunteer
fire department district, as established under KRS 75.010 to 75.080, may be
enlarged or diminished in the following way: The trustees of the fire
protection district or of the volunteer fire department district shall file a
petition in the county clerk's office of the county in which that district and the
territory to be annexed or stricken off, or the greater part thereof, is located,
describing the territory to be annexed or stricken and setting out the reasons
therefor. Notice of the filing of such petition shall be given by publication as
provided for in KRS Chapter 424. On the day fixed in the notice, the county
judge/executive shall, if the proper notice has been given, and the publication
made, and no written objection or remonstrance is interposed enter an order
annexing or striking off the territory described in the petition. Fifty-one
percent (51%) or more of the freeholders of the territory sought to be annexed
or stricken off may, at any time before the date fixed in the notice, remonstrate
in writing, filed in the clerk's office, to the action proposed. If such written
remonstrance is filed, the clerk shall promptly give notice to the trustees of the
fire protection district, or of the volunteer fire department district, and the
county judge/executive shall hear and determine the same. If upon such
hearing, the county judge/executive finds from the evidence that a failure to
annex or strike off such territory will materially retard the functioning of the
fire protection district or the volunteer fire department district and materially
affect adversely the owners and the inhabitants of the territory sought to be
annexed or stricken off, he or she shall enter an order, granting the annexation
or striking off the territory. In the latter event, no new petition to annex or
strike off all or any part of the same territory shall be entertained for a period
of two
(2)years. Any aggrieved person may bring an action in Circuit Court to
contest the decision of the county judge/executive.
(b)In addition to the provisions of paragraph
(a)of this subsection, if the trustees
of a fire protection district or a volunteer fire department district, as
established under KRS 75.010 to 75.080, are seeking to expand territory into
an area served by a fire department created under KRS Chapter 273 and
certified under KRS 75.400 to 75.460 or an area that is not contained within
the boundaries of the city, but is being served by a city government, then the
trustees shall, prior to executing the provisions of paragraph
(a)of this
subsection, enter into a written agreement with the fire chief and the board of
the fire department created under KRS Chapter 273 or with the city
government providing fire protection services to the area proposed to be
annexed. The agreement shall establish the proposed new boundary as it
applies to the fire department created under KRS Chapter 273 or to the area
being served by the city fire department. On the day the agreement is
finalized, the trustees of the district shall send by certified mail, return receipt
requested, or have personally delivered a copy of the agreement to the county
judge/executive of the county containing the territory subject to the expansion.
The notice required in paragraph
(a)of this subsection shall, in lieu of the
applicable publication requirements set out in KRS Chapter 424, be published
at least once a week, for a minimum of two
(2)weeks. The last publication
shall occur no less than seven
(7)days before the date fixed in the notice.
(c)If the trustees approach the fire chief and board of the fire department created
under KRS Chapter 273 or the city government in the manner authorized in
paragraph
(b)of this subsection and are unable to reach an agreement within
thirty
(30)days, the trustees, or any real property holder of the territory subject
to the annexation, may directly seek permission from the real property holders
of that territory to continue with the annexation procedure set out in
paragraphs
(a)and
(b)of this subsection by circulating a petition and securing
the signatures of at least fifty-one percent (51%) of the real property holders
within that territory. The petition shall include the residential address of the
signer and the date of the signature. The petition shall be certified by the
county clerk if the clerk finds the petition sufficient in form and requisite
amount of signatures.
(2)The property in any territory annexed to a fire protection district or to a volunteer
fire department district shall not be liable to taxation for the purpose of paying any
indebtedness incurred by the fire protection district or the volunteer fire department
district prior to the date of the annexation of such territory, except such
indebtedness as represents the balance owing on the purchase price of firefighting
equipment. The property in any territory stricken off from a fire protection district
or a volunteer fire department district by the incorporation of or annexation by a city
of this Commonwealth shall not be relieved of liability of such taxes as may be
necessary to pay its proportionate share of the indebtedness incurred while such
territory was a part of that district. Territories stricken by action of the county
judge/executive under the provisions of subsection
(1)shall be relieved of liability
for all indebtedness incurred by the fire protection district or the volunteer fire
department district.
(3)Any city that maintains a "regular fire department," and has either by incorporation
or annexation caused property to be stricken from a fire protection district or a
volunteer fire department district, shall comply with KRS 75.022(3).
(4)A fire protection district or volunteer fire department district established pursuant to
KRS 75.010 to 75.080 shall not expand its service boundaries or annex territory
contained in another fire protection district or volunteer fire department district
established pursuant to KRS 75.010 to 75.080. However, the territorial limits of two
(2)or more fire protection districts, or volunteer fire department districts, as
established by KRS 75.010 to 75.080, may be merged into one
(1)fire protection
district or volunteer fire department district as follows:
(a)The trustees of each fire protection district or volunteer fire department
district shall file a joint petition in the county clerk's office of the county in
which all of the districts and the territory to be merged into one
(1)district, or
the greater part of the district, is located, describing the territory to be merged
into the district and setting out the reasons for the merger;
(b)Notice of the filing of the petition shall be given by publication as provided in
KRS Chapter 424 for public notices;
(c)On the day fixed in the notice, the county judge/executive shall, if proper
notice by publication has been given, and no written objection or
remonstrance has been made, enter an order merging the fire protection
districts or volunteer fire department districts described in the petition;
(d)Fifty-one percent (51%) or more of the property owners of the territory sought
to be merged into one
(1)district may, at any time before the date fixed in the
notice, remonstrate by written petition to the county clerk regarding their
objection to the merger of the districts. If a petition is filed, the county clerk
shall give prompt notice to the trustees of the fire protection districts or the
volunteer fire protection districts and the county judge/executive;
(e)The county judge/executive shall schedule a hearing regarding the petition and
shall give public notice as to the date, time, and place of the hearing. If after
the hearing, the county judge/executive finds from the evidence that a failure
to merge the territory will materially retard the functioning of the fire
protection districts or volunteer fire department districts and materially affect
adversely the owners and the inhabitants of the territory sought to be merged,
he or she shall enter an order granting the merger of the districts into one
fire protection district or volunteer fire department district; and
(f)Any aggrieved person may bring an action in Circuit Court to contest the
decision of the county judge/executive regarding the merger fire protection
districts or volunteer fire department districts.
(5)In addition to the merger provisions of subsection
(4)of this section, fire protection
districts established pursuant to KRS 75.010 to 75.080 may also merge pursuant to
KRS Chapter 75A.
(6)The property in any fire protection district or volunteer fire department district
which is merged with another fire protection district or volunteer fire department
district shall not be liable to taxation for the purpose of paying any indebtedness
incurred by the other fire protection district or volunteer fire department district
prior to the date of the merger into one
(1)fire protection district, except
indebtedness which represents a balance owed on the purchase price of firefighting
equipment from the other fire protection district or volunteer fire department
district.
(7)Fire protection districts or volunteer fire department districts that modify service
area boundaries by taking any action authorized under this section shall update their
service area boundary maps and file them in the manner required by KRS 75.420.