76.278 Ad valorem tax levy -- Notice -- Protesting petition -- Referendum --

485 words·~2 min read·/ky/76-278

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Collection.

(1)In order to establish a comprehensive sewage and sewage treatment system, or

storm water and surface drainage system, or both, within the sanitation tax district,

the sanitation tax district through its board may levy an ad valorem tax upon the real

property in the district, not exceeding limits designated by the Constitution of the

Commonwealth. Provided, however, that notice stating the amount of the proposed

tax and the area to be affected be published in a newspaper of bona fide circulation

as provided in KRS 424.130. Provided, further, that no resolution of the board

imposing an ad valorem tax shall go into effect until the expiration of thirty

days after the first publication of the notice. If during the thirty

(30)days next

following the first notice of said resolution, a petition signed by a number of

constitutionally qualified voters equal to fifteen percent (15%) of the votes cast

within the area affected at the last preceding general election, stating the residence

of each signer, and verified as to signatures and residence by the affidavits of one

(1)or more persons is presented to the county judge/executive protesting against

passage of such resolution or if the fiscal court passes a resolution suspending the

tax, the resolution shall be suspended from going into effect. The county

judge/executive shall notify the board of the sanitation tax district of the receipt of

the petition or of the suspension of the resolution or both. If the resolution is not

repealed by the board, the board shall submit to the voters of the area to be taxed, at

the next regularly-scheduled November election, the question as to whether the tax

shall be levied. The question as it will appear on the ballot shall be filed with the

county clerk not later than the second Tuesday in August preceding the regular

election. The question shall be so framed that the voter may by his vote answer

"for" or "against." If a majority of the votes cast upon the question oppose its

passage, the resolution shall not go into effect. If a majority of the votes cast upon

the question favor its passage, the resolution shall go into effect as of January 1 of

the year succeeding the year in which the election is held.

(2)When such tax levy has been fully approved, the property valuation administrator,

with the cooperation of the board shall note on the tax rolls the taxpayers and

valuation of the property subject to such tax. The county clerk shall compute the tax

on the regular state and county tax bills in such manner as may be directed by

regulation of the Department of Revenue.

(3)Such ad valorem taxes shall be collected by the sheriff in accordance with the

general law and accounted for to the board. The sheriff shall be entitled to a fee of

one percent (1%) of the amount collected.