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KENTUCKY STATUTES AND CODES
76.244 Engineering report, when filed -- Construction subdistrict may be abolished, when.
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76.244 Engineering report, when filed -- Construction subdistrict may be abolished, when. (1) The report described in KRS 76.243 shall be made and filed within one (1) year of an order made under KRS 76.241 which establishes the construction subdistrict or
the order made under KRS 76.241 shall be deemed to have been one dismissing the
petition and it shall be deemed to have been dismissed at the end of the one (1) year
period. (2) If, based on the report described in KRS 76.243, the board decides the proposed sewer or drainage construction, or both, is not technically and economically
feasible, the board may make an order abolishing the construction subdistrict, which
shall be published pursuant to KRS Chapter 424 and which may be appealed in the
manner described in KRS 76.247. If the board finds that such construction may be
made feasible by deleting portions of the subdistrict area, it may delete such area or
areas by amending the order made under KRS 76.241 (2); provided, however, that
at least twenty-five percent (25%) of the freeholders of land included in the
remaining area must have petitioned for the creation of the subdistrict. (3) If the board should determine that a proposed construction subdistrict sewer or drainage construction project, once found to be feasible, should no longer appear to
be feasible, or should a change in circumstances make it appear that some
alternative to a construction subdistrict represents a more desirable and feasible way
of undertaking such sewer or drainage construction, then the board, in its sole
discretion, may make an order abolishing the construction subdistrict, which order
shall be published pursuant to KRS Chapter 424 and which may be appealed in the
manner described in KRS 76.247. In referring to KRS 76.247, this section is not
intended to provide for de novo trial. History: Amended 1968 Ky. Acts ch. 156, sec. 7. -- Created 1964 Ky. Acts ch. 33, sec. 15.
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76.244 Engineering report, when filed -- Construction subdistrict may be abolished, when. (1) The report described in KRS 76.243 shall be made and filed within one (1) year of an order made under KRS 76.241 which establishes the construction subdistrict or
the order made under KRS 76.241 shall be deemed to have been one dismissing the
petition and it shall be deemed to have been dismissed at the end of the one (1) year
period. (2) If, based on the report described in KRS 76.243, the board decides the proposed sewer or drainage construction, or both, is not technically and economically
feasible, the board may make an order abolishing the construction subdistrict, which
shall be published pursuant to KRS Chapter 424 and which may be appealed in the
manner described in KRS 76.247. If the board finds that such construction may be
made feasible by deleting portions of the subdistrict area, it may delete such area or
areas by amending the order made under KRS 76.241 (2); provided, however, that
at least twenty-five percent (25%) of the freeholders of land included in the
remaining area must have petitioned for the creation of the subdistrict. (3) If the board should determine that a proposed construction subdistrict sewer or drainage construction project, once found to be feasible, should no longer appear to
be feasible, or should a change in circumstances make it appear that some
alternative to a construction subdistrict represents a more desirable and feasible way
of undertaking such sewer or drainage construction, then the board, in its sole
discretion, may make an order abolishing the construction subdistrict, which order
shall be published pursuant to KRS Chapter 424 and which may be appealed in the
manner described in KRS 76.247. In referring to KRS 76.247, this section is not
intended to provide for de novo trial. History: Amended 1968 Ky. Acts ch. 156, sec. 7. -- Created 1964 Ky. Acts ch. 33, sec. 15.
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