Kentucky Statutes 75A.130 – Dissolution of consolidated emergency services district
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The method for dissolving a consolidated emergency services district shall be in accordance with the following:
(1) (a) Persons desiring to dissolve a consolidated emergency services district shall present a petition to the fiscal court clerk and to each member of the fiscal court, meeting the criteria of KRS § 65.184, and signed by a number of registered voters equal to or greater than twenty-five percent (25%) of an average of the voters living in the proposed taxing district and voting in the last four (4) general elections. At the time of its submission to fiscal court, each petition shall be a form showing justification or information as set out in this paragraph:
1. Justification for the dissolution of a consolidated emergency services district, including but not limited to the location of nearby governmental and nongovernmental providers of like services; and
2. Any additional information, which bears on the necessity of dissolution of a consolidated emergency services district.
(b) A majority of the members of a fiscal court may vote to dissolve a consolidated emergency services district.
(2) The fiscal court clerk shall notify all planning commissions, cities, and area development districts within whose jurisdiction the consolidated emergency services district is located and any state agencies required by law to be notified of the proposal to dissolve the consolidated emergency services 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, and shall, in accordance with KRS Chapter 424, publish notice of the time and place of the public hearing.
(4) At the public hearing, the fiscal court shall take testimony of interested parties and solicit the recommendations of any planning commission, 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 (30) 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 dissolution of the consolidated emergency services district.
(7) The dissolution of the consolidated emergency services district shall be of legal effect only upon the adoption of an ordinance, in accordance with KRS § 67.075 and
67.077, dissolving the consolidated emergency services district, and compliance with the requirements of KRS § 65.005.
(8) A certified copy of the ordinance dissolving the consolidated emergency services district shall be filed with the county clerk.
(9) The territory of the former consolidated emergency services district shall become
special taxing districts until the indebtedness has been relieved.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 116, sec. 13, effective June 29, 2021.
(1) (a) Persons desiring to dissolve a consolidated emergency services district shall present a petition to the fiscal court clerk and to each member of the fiscal court, meeting the criteria of KRS § 65.184, and signed by a number of registered voters equal to or greater than twenty-five percent (25%) of an average of the voters living in the proposed taxing district and voting in the last four (4) general elections. At the time of its submission to fiscal court, each petition shall be a form showing justification or information as set out in this paragraph:
Terms Used In Kentucky Statutes 75A.130
- Consolidated emergency services district: means districts organized under this chapter. See Kentucky Statutes 75A.120
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Member: shall include the chief and all officers. See Kentucky Statutes 75A.120
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
1. Justification for the dissolution of a consolidated emergency services district, including but not limited to the location of nearby governmental and nongovernmental providers of like services; and
2. Any additional information, which bears on the necessity of dissolution of a consolidated emergency services district.
(b) A majority of the members of a fiscal court may vote to dissolve a consolidated emergency services district.
(2) The fiscal court clerk shall notify all planning commissions, cities, and area development districts within whose jurisdiction the consolidated emergency services district is located and any state agencies required by law to be notified of the proposal to dissolve the consolidated emergency services 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, and shall, in accordance with KRS Chapter 424, publish notice of the time and place of the public hearing.
(4) At the public hearing, the fiscal court shall take testimony of interested parties and solicit the recommendations of any planning commission, 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 (30) 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 dissolution of the consolidated emergency services district.
(7) The dissolution of the consolidated emergency services district shall be of legal effect only upon the adoption of an ordinance, in accordance with KRS § 67.075 and
67.077, dissolving the consolidated emergency services district, and compliance with the requirements of KRS § 65.005.
(8) A certified copy of the ordinance dissolving the consolidated emergency services district shall be filed with the county clerk.
(9) The territory of the former consolidated emergency services district shall become
special taxing districts until the indebtedness has been relieved.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 116, sec. 13, effective June 29, 2021.