95A.057 Commission may initiate consideration of dissolution of a fire protection
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/ky/95a-057A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
district or volunteer fire department -- Conditions -- Procedures.
(1)Notwithstanding any provision of KRS 65.166, the commission may initiate
consideration of a dissolution of a fire protection district or volunteer fire
department district providing fire protection services at any time that the
requirements of this section are satisfied and without the petition required under
KRS 65.166.
(2)Upon receipt of a written affidavit from a resident, property owner, or local
government that a fire protection district or volunteer fire department district
formed for the purpose of providing fire protection services has failed to provide
those services or that all or a portion of the services are being provided by another
entity other than the district, the commission may:
(a)Refer the affidavit and any other supporting evidence that it has to the
judge/executive of the county or counties for the county or counties to
consider action to dissolve the special district or to alter its boundaries in
accordance with KRS 65.166(4) to (6); or
(b)Initiate an investigation to be conducted by commission personnel under the
direction of the executive director to determine the validity of the alleged
complaint.
(3)If the commission undertakes an investigation under subsection (2)(b) of this
section, it shall forward its findings in writing to the county or counties forming the
fire protection district or volunteer fire department district and to any party
submitting a written affidavit as set out in subsection
(2)of this section. If, after
investigation, the commission finds that the fire protection district or volunteer fire
department district has failed to provide services, or that all or part of the services
are being provided by another entity, the findings shall be considered by the fiscal
court or courts, which may elect to:
(a)Initiate the procedure for dissolution or alteration of the boundaries of the fire
protection district or volunteer fire department district in accordance with
KRS 65.166(4) to (6); or
(b)Vote by a majority of the entire fiscal court membership to permit the
commission to conduct the hearing in accordance with KRS 65.166(4) and
permit the commission to make the written determination for action to either
dissolve or alter the boundaries of the fire protection district or volunteer fire
department district in accordance with KRS 65.166(5). Any decision to
dissolve or alter the boundaries of the fire protection district or volunteer fire
department district shall be ratified by the fiscal court within thirty
(30)days
following the issuance of the final written determination of the commission. If
the fiscal court takes no action to ratify the decision of the commission, then
the decision of the commission shall be deemed ratified.