173.790 Increase or decrease in tax levy -- Procedure.

430 words·~2 min read·/ky/chapter-173/173-790

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

(1)The special ad valorem tax rate for the maintenance and operation of a public

library district created pursuant to KRS 173.710 to 173.800 before July 13, 1984,

shall not be increased or decreased unless a duly certified petition requesting an

increase or decrease in the tax rate of a specifically stated amount is signed by fifty-

one percent (51%) of the number of duly qualified voters voting at the last general

election in each county in the district. Such petition shall be filed with the fiscal

court in each county in the district not later than ninety

(90)days after the date of

the first signature. The fiscal court shall order the court to increase or decrease the

ad valorem tax, as stated in the petition.

(a)The petition shall read, "The following duly qualified voters of (insert name of

county or counties) hereby petition the fiscal court of each county concerned

to increase (or decrease) the special ad valorem tax from (insert exact amount)

to (insert exact amount) on each one hundred dollars ($100) worth of property

assessed for local taxation in the district for the maintenance and operation of

the (insert name) Public Library District."

(b)The petition shall contain the following: The name and address of each

petitioner and the date upon which he signed the petition.

(2)Any increase provided for in subsection

(1)of this section shall not exceed twenty

cents ($0.20) on each one hundred dollars ($100) of the assessed valuation of all

property in the district.

(3)A petition requesting a decrease in the tax rate will not be considered of any legal

effect if, at any time prior to the filing of such a petition for decrease, either:

(a)Contractual obligations have been assumed by pertinent contracting

authorities in connection with said subject library, which contractual

obligations would be adversely affected by any such decrease; or

(b)If, as of the time of filing of such a petition for decrease, the board of such

district shall have arranged for the financing of a library in that district

pursuant to a plan of financing involving a lease of that library to the board

under which lease the board is not bound for more than one

(1)year at a time

without exercising an annual option to renew the lease and such lease remains

effective and has not been terminated; or

(c)If less than three

(3)years have passed since the certified copy of the order of

the fiscal court ordering the levy of the tax was filed with the county clerk.