65.810 Sole method of creating a nontaxing special district.
603 words·~3 min read·
/ky/chapter-65/65-810A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as otherwise provided by state law, the sole method of creating a district shall be in accordance with the following:
(1)Persons desiring to form a district shall present a petition to the fiscal court clerk
and to each member of the fiscal court, meeting the criteria of KRS 65.815, and
signed by a number of registered voters equal to or greater than twenty percent
(20%) of an average of the voters living in the proposed service area and voting in
the last four
(4)general elections. At time of its submission to fiscal court each
petition shall be accompanied by a plan of service, showing such of the following as
may be germane to the purposes for which the district is being formed:
(a)The statutory authority under which the district is created and under which the
district will operate;
(b)Demographic characteristics of the area including but not limited to
population, density, projected growth, and assessed valuation;
(c)A description of the service area including but not limited to the population to
be served, a metes and bounds description of the area of the proposed district,
the anticipated date of beginning service, the nature and extent of the
proposed service, the projected effect of providing service on the social and
economic growth of the area, and projected growth in service demand or need;
(d)A three
(3)year projection of cost versus revenue;
(e)Justification for formation of the district including but not limited to the
location of nearby governmental and nongovernmental providers of like
services; and
(f)Any additional information such as land use plans, existing land uses,
drainage patterns, health problems, and other similar analyses which bear on
the necessity and means of providing the proposed service.
(2)The fiscal court clerk shall notify all planning commissions, cities, and area
development districts within whose jurisdiction the proposed service area is located
and any state agencies required by law to be notified of the proposal for the creation
of the district.
(3)The fiscal court clerk shall schedule a hearing on the proposal for no earlier than
thirty
(30)nor later than ninety
(90)days following receipt of the petition, charter,
and plan of service, and shall, in accordance with the procedures of KRS Chapter
424, publish notice of the time and place of the public hearing and an accurate map
of the area or a description in layman's terms reasonably identifying the area of the
proposed district.
(4)At the public hearing, the fiscal court shall take testimony of interested parties and
solicit the recommendations of any planning commission, city, area development
district, or state agency meeting the criteria of subsection
(2)of this section.
(5)The fiscal court may extend the hearing, from time-to-time, for ninety
(90)days
from the date of the initial hearing and shall render a decision within thirty
days of the final adjournment of the hearing.
(6)Following the hearing, the fiscal court shall set forth its written findings of fact and
shall approve or disapprove the formation of the district to provide service as
described in the plan of service, and to exercise the powers granted by the specific
statutes that apply to the district being formed.
(7)The creation of a district shall be of legal effect only upon the adoption of an
ordinance, in accordance with the provisions of KRS 67.075 and 67.077, creating
such district and compliance with the requirements of KRS 65.005.
(8)Nothing in this section shall be construed to enlarge upon or to restrict the powers
granted a district under the district's specific authorizing statutes.