75A.020 Choice of processes by which new consolidated emergency services district
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/ky/75a-020A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
may be formed.
(1)A new consolidated emergency services district may be formed by one
(1)of the
following processes:
(a)The board of:
1. Any two
(2)or more fire protection districts established under KRS
Chapter 75 or 273, any special district whose services are subject to the
licensure provisions of KRS Chapter 311A, or any rescue squads
established under KRS Chapter 39F; or
2. Any fire protection districts established under KRS Chapter 75 or 273,
any special district whose services are subject to the licensure provisions
of KRS Chapter 311A, or any rescue squads established under KRS
Chapter 39F that have merged within the five
(5)years prior to the
adoption of this section that would have been eligible to consolidate
under the provisions of this section;
3. May adopt resolutions agreeing to the formation of a consolidated
emergency services district and requesting the creation of a consolidated
emergency services district. The governing bodies shall notify the
county fiscal court, consolidated local government, charter county
government, or unified local government with jurisdiction over the
proposed district and request the formation of a consolidated emergency
services district; or
(b)The board of any two
(2)or more consolidated emergency service districts
established under this chapter may adopt resolutions agreeing to the merger of
consolidated emergency services districts and requesting the creation of a new
consolidated emergency services district. The governing bodies shall notify
the county fiscal court, consolidated local government, charter county
government, or unified local government with jurisdiction over the proposed
district and request the formation of a new consolidated emergency services
district.
(a)Any county fiscal court, consolidated local government, charter county
government, or unified local government, upon receipt of a request from two
(2)or more fire protection districts, special districts whose services are subject
to the licensure provisions of KRS Chapter 311A, or rescue squads
established under KRS Chapter 39F, may create a consolidated emergency
services district in their jurisdiction by adoption of an ordinance approving the
establishment of a consolidated emergency services district and authorizing
any relevant fire protection district to join if its governing authority has
approved it to join the consolidated district.
(b)The ordinance shall describe the boundaries by metes and bounds and name
for the consolidated district. No consolidated emergency services district shall
take effect less than sixty
(60)days from completing the required elements
outlined in this section.
(c)The county fiscal court, consolidated local government, charter county
government, or unified local government clerk shall notify all planning
commissions, cities, and area development districts within whose jurisdiction
the approved service area is located and any state agencies required by law to
be notified of the proposal for the creation of the taxing district within thirty
(30)days from adoption of the ordinance authorizing creation of the district.
(d)The creation of a consolidated emergency services taxing district shall be of
legal effect only after adoption of an ordinance creating the taxing district and
after a certified copy of the ordinance creating the taxing district is filed with
the county clerk.
(e)Any aggrieved person may bring an action in the Circuit Court having
jurisdiction of that county to contest the decision of the county fiscal court or
legislative body of the county to establish a consolidated emergency services
district or to protest the inclusion of any county, consolidated local
government, charter county government, unified local government, fire
protection district or volunteer fire department district established pursuant to
KRS Chapter 75 or 273, any special district whose services are subject to the
licensure provisions of KRS Chapter 311A, or any rescue squad established
pursuant to KRS Chapter 39F within a consolidated emergency services
district.
(a)If the governing body of any fire protection district established under KRS
Chapter 75 or 273, any special district whose services are subject to the
licensure provisions of KRS Chapter 311A, or any rescue squad established
under KRS Chapter 39F desires to have its district become part of an
established consolidated emergency services district after the creation of the
district, it shall by motion so record its desire in the minutes of the board, in
the case of any fire protection district, any emergency medical services special
district, or any rescue squad. The board shall convey this request to the
consolidated emergency service district's board. Within sixty
(60)days of
receiving the request the consolidated emergency service district's board shall
vote upon this request. The approval shall be certified to the clerk of the
county, consolidated local government, charter county government, or unified
local government in the jurisdiction in which the consolidated district is
located.
(b)The approval of the addition of a district to the consolidated emergency
services district shall become effective upon the adoption of an ordinance
amending the ordinance creating the consolidated emergency services district
by the county fiscal court, consolidated local government, charter county
government, or unified local government and authorizing the inclusion of the
petitioning fire protection district. The amended ordinance shall identify the
boundaries by metes and bounds of the amended consolidated emergency
services district.