75.020 Annexation or reduction of territory -- Expansion into territory served by fire department -- Assumption by city of debt -- Merger of districts. - Kentucky Statutes

Download pdf

Loading PDF...

75.020 Annexation or reduction of territory -- Expansion into territory served by fire department -- Assumption by city of debt -- Merger of districts. (1) (a) The territorial limits of an established fire protection district, or a volunteer fire department district, as established under KRS 75.010 to 75.080, may be
enlarged or diminished in the following way: The trustees of the fire
protection district or of the volunteer fire department district shall file a
petition in the county clerk's office of the county in which that district and the
territory to be annexed or stricken off, or the greater part thereof, is located,
describing the territory to be annexed or stricken and setting out the reasons
therefor. Notice of the filing of such petition shall be given by publication as
provided for in KRS Chapter 424. On the day fixed in the notice, the county
judge/executive shall, if the proper notice has been given, and the publication
made, and no written objection or remonstrance is interposed enter an order
annexing or striking off the territory described in the petition. Fifty-one
percent (51%) or more of the freeholders of the territory sought to be annexed
or stricken off may, at any time before the date fixed in the notice, remonstrate
in writing, filed in the clerk's office, to the action proposed. If such written
remonstrance is filed, the clerk shall promptly give notice to the trustees of the
fire protection district, or of the volunteer fire department district, and the
county judge/executive shall hear and determine the same. If upon such
hearing, the county judge/executive finds from the evidence that a failure to
annex or strike off such territory will materially retard the functioning of the
fire protection district or the volunteer fire department district and materially
affect adversely the owners and the inhabitants of the territory sought to be
annexed or stricken off, he or she shall enter an order, granting the annexation
or striking off the territory. In the latter event, no new petition to annex or
strike off all or any part of the same territory shall be entertained for a period
of two (2) years. Any aggrieved person may bring an action in Circuit Court to
contest the decision of the county judge/executive. (b) In addition to the provisions of paragraph (a) of this subsection, if the trustees of a fire protection district or a volunteer fire department district, as
established under KRS 75.010 to 75.080, are seeking to expand territory into
an area served by a fire department created under KRS Chapter 273, then the
trustees shall, prior to executing the provisions of paragraph (a) of this
subsection, enter into a written agreement with the fire chief and the board of
the fire department created under KRS Chapter 273. The agreement shall
establish the proposed new boundary. On the day the agreement is finalized,
the trustees of the district shall send by certified mail, return receipt requested,
or have personally delivered a copy of the agreement to the county
judge/executive of the county containing the territory subject to the expansion.
The notice required in paragraph (a) of this subsection shall, in lieu of the
applicable publication requirements set out in KRS Chapter 424, be published
at least once a week, for a minimum of two (2) weeks. The last publication
shall occur no less than seven (7) days before the date fixed in the notice. (c) If the trustees approach the fire chief and board of the fire department created under KRS Chapter 273 in the manner authorized in paragraph (b) of this
subsection and are unable to reach an agreement within thirty (30) days, the
trustees, or any real property holder of the territory subject to the annexation,
may directly seek permission from the real property holders of that territory to
continue with the annexation procedure set out in paragraphs (a) and (b) of
this subsection by circulating a petition and securing the signatures of at least
fifty-one percent (51%) of the real property holders within that territory. The
petition shall include the residential address of the signer and the date of the
signature. The petition shall be certified by the county clerk if the clerk finds
the petition sufficient in form and requisite amount of signatures. (2) The property in any territory annexed to a fire protection district or to a volunteer fire department district shall not be liable to taxation for the purpose of paying any
indebtedness incurred by the fire protection district or the volunteer fire department
district prior to the date of the annexation of such territory, except such
indebtedness as represents the balance owing on the purchase price of firefighting
equipment. The property in any territory stricken off from a fire protection district
or a volunteer fire department district by the incorporation of or annexation by a city
of this Commonwealth shall not be relieved of liability of such taxes as may be
necessary to pay its proportionate share of the indebtedness incurred while such
territory was a part of that district. Territories stricken by action of the county
judge/executive under the provisions of subsection (1) shall be relieved of liability
for all indebtedness incurred by the fire protection district or the volunteer fire
department district. (3) Any city that maintains a "regular fire department," and has either by incorporation or annexation caused property to be stricken from a fire protection district or a
volunteer fire department district, shall assume the liability of such taxes as may be
necessary to pay the proportional share of the indebtedness incurred while such
territory was a part of said district. (4) The territorial limits of two (2) or more fire protection districts, or volunteer fire department districts, as established by KRS 75.010 to 75.080, may be merged into
one (1) fire protection district or volunteer fire department district as follows:
(a) The trustees of each fire protection district or volunteer fire department district shall file a joint petition in the county clerk's office of the county in
which all of the districts and the territory to be merged into one (1) district, or
the greater part of the district, is located, describing the territory to be merged
into the district and setting out the reasons for the merger; (b) Notice of the filing of the petition shall be given by publication as provided in KRS Chapter 424 for public notices; (c) On the day fixed in the notice, the county judge/executive shall, if proper notice by publication has been given, and no written objection or
remonstrance has been made, enter an order merging the fire protection
districts or volunteer fire department districts described in the petition; (d) Fifty-one percent (51%) or more of the property owners of the territory sought to be merged into one (1) district may, at any time before the date fixed in the
notice, remonstrate by written petition to the county clerk regarding their
objection to the merger of the districts. If a petition is filed, the county clerk
shall give prompt notice to the trustees of the fire protection districts or the
volunteer fire protection districts and the county judge/executive; (e) The county judge/executive shall schedule a hearing regarding the petition and shall give public notice as to the date, time, and place of the hearing. If after
the hearing, the county judge/executive finds from the evidence that a failure
to merge the territory will materially retard the functioning of the fire
protection districts or volunteer fire department districts and materially affect
adversely the owners and the inhabitants of the territory sought to be merged,
he or she shall enter an order granting the merger of the districts into one (1)
fire protection district or volunteer fire department district; and (f) Any aggrieved person may bring an action in Circuit Court to contest the decision of the county judge/executive regarding the merger fire protection
districts or volunteer fire department districts. (5) The property in any fire protection district or volunteer fire department district which is merged with another fire protection district or volunteer fire department
district shall not be liable to taxation for the purpose of paying any indebtedness
incurred by the other fire protection district or volunteer fire department district
prior to the date of the merger into one (1) fire protection district, except
indebtedness which represents a balance owed on the purchase price of firefighting
equipment from the other fire protection district or volunteer fire department
district. Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 166, sec. 1, effective July 15, 2008. -- Amended 2004 Ky. Acts ch. 19, sec. 1, effective July 13, 2004. -- Amended 1996 Ky. Acts
ch. 127, sec. 1, effective July 15, 1996. -- Amended 1984 Ky. Acts ch. 100, sec. 8,
effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 196, effective June
17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 68, effective
January 2, 1978. -- Amended 1976 Ky. Acts ch. 62, sec. 78. -- Amended 1966 Ky.
Acts ch. 146, sec. 8. -- Amended 1964 Ky. Acts ch. 184, sec. 2. -- Amended 1960
Ky. Acts ch. 104, sec. 4. -- Created 1944 Ky. Acts ch. 133, sec. 2.