Kentucky Statutes 176.410 – County or multicounty covered wooden bridge authority — Membership of authority — Duties and functions of authority
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(1) Except as provided by KRS § 176.400, at the request of citizens or organizations of a county or multicounty region, the Heritage Division of the Kentucky Heritage Council shall certify to the Governor the creation of a county or multicounty covered wooden bridge authority for that county or multicounty region.
(2) (a) An authority shall consist of members appointed as follows:
1. The Governor shall appoint one (1) member from each participating county, unless the authority has only one (1) participating county, in which case the Governor shall appoint three (3) members from the participating county; and
2. The fiscal court of each participating county shall submit to the Governor a list of three (3) candidates, and the Governor shall appoint one (1) member from each list unless the authority has two (2) or fewer participating counties, in which case the Governor shall appoint two (2) members from each list.
(b) The members of an authority shall hold office for terms of four (4) years and until their successors are appointed and qualify except that the terms of office of the members first appointed shall be staggered. An authority may elect by majority voice officers deemed necessary by its members. A majority of the members shall constitute a quorum. An authority shall meet at the call of its chairman, but at least twice during each calendar year.
(3) An authority shall be dedicated to the preservation, restoration, and maintenance of all covered wooden bridges in the county or multicounty region for which it is created.
(a) For covered wooden bridges not open to vehicular traffic, the duties and functions of an authority shall be to:
1. Review, recommend, and administer projects and programs to insure the proper preservation, restoration, and maintenance of covered wooden bridges in the county or multicounty region for which it is created.
2. Advise, consult, and cooperate with state, local, and national officials and agencies, and with the Heritage Division of the Kentucky Heritage Council as provided by KRS § 176.400 and KRS § 176.410, to accomplish the purposes for which the authority is established.
(b) For covered wooden bridges open to vehicular traffic, the duties and functions of an authority shall be to:
1. Make recommendations to the Transportation Cabinet and local officials on the proper preservation, restoration, and maintenance of covered wooden bridges in the county or multicounty region for which it is created.
2. Advise, consult, and cooperate with state, local, and national officials and agencies to accomplish the purposes for which the authority is established.
(4) An authority may:
(a) Accept grants or other funds or property from any source, public or private; (b) Enter into such contractual relationships as may be necessary;
(c) Acquire real property, by gift or devise or by purchase pursuant to the provisions of KRS § 45A.045, and hold the same in the name of the Commonwealth for the use and benefit of the authority;
(d) Adopt rules and regulations necessary to the performance of its duties and functions.
(5) Members of an authority may be reimbursed in accordance with the provisions of KRS Chapters 44 and 45 for actual and reasonable expenses incurred in the furtherance of the authority’s activities.
(6) The receipt, control, and expenditure of funds shall be subject to the general provisions of the Kentucky Revised Statutes governing financial administration of state agencies.
(7) (a) For covered wooden bridges not open to vehicular traffic, each authority shall develop a program for the preservation, restoration, and maintenance of those covered wooden bridges in the county or multicounty region for which it was established. It shall select the bridges to be preserved, restored, or maintained within a biennium and shall prepare estimates of the cost of preservation, restoration, or maintenance within that biennium.
(b) The program developed by an authority shall be submitted to the Heritage Division of the Kentucky Heritage Council. Upon approval by the division, the authority shall submit its program as its biennial budget request.
(c) When an appropriation is made to an authority to fund its program for the preservation, restoration, and maintenance of covered wooden bridges, title to all covered wooden bridges to be preserved, restored, or maintained under its authority shall be transferred to the authority. Preservation, restoration, and maintenance of covered wooden bridges shall comply with the program approved by the Heritage Division of the Kentucky Heritage Council and shall be administered by the authority. Each authority is authorized to enter into any agreement or contract necessary to implement an approved and funded program.
(8) For covered wooden bridges open to vehicular traffic, each authority shall develop a biennial list of recommendations for the preservation, restoration, and maintenance of those covered wooden bridges in the county or multicounty region for which it was created. This list shall be submitted biennially to the Transportation Cabinet and all fiscal courts within the authority’s jurisdiction.
(9) There is established the covered wooden bridge authority for the counties of
Bracken, Fleming, Lewis, Mason, and Robertson as a pilot project.
Effective: April 21, 2004
History: Amended 2004 Ky. Acts ch. 164, sec. 2, effective April 21, 2004. — Amended
1990 Ky. Acts ch. 496, sec. 55, effective July 13, 1990. — Amended 1982 Ky. Acts ch. 396, sec. 46, effective July 15, 1982. — Created 1980 Ky. Acts ch. 323, sec. 2,
effective July 15, 1980.
(2) (a) An authority shall consist of members appointed as follows:
Terms Used In Kentucky Statutes 176.410
- Biennium: means the two (2) year period commencing on July 1 in each even- numbered year and ending on June 30 in the ensuing even-numbered year. See Kentucky Statutes 446.010
- Cabinet: means the Transportation Cabinet. See Kentucky Statutes 176.010
- Contract: A legal written agreement that becomes binding when signed.
- Devise: To gift property by will.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- 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.
- Project: means the design, right-of-way, utility, or construction phase of a highway construction project. See Kentucky Statutes 176.010
- Quorum: The number of legislators that must be present to do business.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
1. The Governor shall appoint one (1) member from each participating county, unless the authority has only one (1) participating county, in which case the Governor shall appoint three (3) members from the participating county; and
2. The fiscal court of each participating county shall submit to the Governor a list of three (3) candidates, and the Governor shall appoint one (1) member from each list unless the authority has two (2) or fewer participating counties, in which case the Governor shall appoint two (2) members from each list.
(b) The members of an authority shall hold office for terms of four (4) years and until their successors are appointed and qualify except that the terms of office of the members first appointed shall be staggered. An authority may elect by majority voice officers deemed necessary by its members. A majority of the members shall constitute a quorum. An authority shall meet at the call of its chairman, but at least twice during each calendar year.
(3) An authority shall be dedicated to the preservation, restoration, and maintenance of all covered wooden bridges in the county or multicounty region for which it is created.
(a) For covered wooden bridges not open to vehicular traffic, the duties and functions of an authority shall be to:
1. Review, recommend, and administer projects and programs to insure the proper preservation, restoration, and maintenance of covered wooden bridges in the county or multicounty region for which it is created.
2. Advise, consult, and cooperate with state, local, and national officials and agencies, and with the Heritage Division of the Kentucky Heritage Council as provided by KRS § 176.400 and KRS § 176.410, to accomplish the purposes for which the authority is established.
(b) For covered wooden bridges open to vehicular traffic, the duties and functions of an authority shall be to:
1. Make recommendations to the Transportation Cabinet and local officials on the proper preservation, restoration, and maintenance of covered wooden bridges in the county or multicounty region for which it is created.
2. Advise, consult, and cooperate with state, local, and national officials and agencies to accomplish the purposes for which the authority is established.
(4) An authority may:
(a) Accept grants or other funds or property from any source, public or private; (b) Enter into such contractual relationships as may be necessary;
(c) Acquire real property, by gift or devise or by purchase pursuant to the provisions of KRS § 45A.045, and hold the same in the name of the Commonwealth for the use and benefit of the authority;
(d) Adopt rules and regulations necessary to the performance of its duties and functions.
(5) Members of an authority may be reimbursed in accordance with the provisions of KRS Chapters 44 and 45 for actual and reasonable expenses incurred in the furtherance of the authority’s activities.
(6) The receipt, control, and expenditure of funds shall be subject to the general provisions of the Kentucky Revised Statutes governing financial administration of state agencies.
(7) (a) For covered wooden bridges not open to vehicular traffic, each authority shall develop a program for the preservation, restoration, and maintenance of those covered wooden bridges in the county or multicounty region for which it was established. It shall select the bridges to be preserved, restored, or maintained within a biennium and shall prepare estimates of the cost of preservation, restoration, or maintenance within that biennium.
(b) The program developed by an authority shall be submitted to the Heritage Division of the Kentucky Heritage Council. Upon approval by the division, the authority shall submit its program as its biennial budget request.
(c) When an appropriation is made to an authority to fund its program for the preservation, restoration, and maintenance of covered wooden bridges, title to all covered wooden bridges to be preserved, restored, or maintained under its authority shall be transferred to the authority. Preservation, restoration, and maintenance of covered wooden bridges shall comply with the program approved by the Heritage Division of the Kentucky Heritage Council and shall be administered by the authority. Each authority is authorized to enter into any agreement or contract necessary to implement an approved and funded program.
(8) For covered wooden bridges open to vehicular traffic, each authority shall develop a biennial list of recommendations for the preservation, restoration, and maintenance of those covered wooden bridges in the county or multicounty region for which it was created. This list shall be submitted biennially to the Transportation Cabinet and all fiscal courts within the authority’s jurisdiction.
(9) There is established the covered wooden bridge authority for the counties of
Bracken, Fleming, Lewis, Mason, and Robertson as a pilot project.
Effective: April 21, 2004
History: Amended 2004 Ky. Acts ch. 164, sec. 2, effective April 21, 2004. — Amended
1990 Ky. Acts ch. 496, sec. 55, effective July 13, 1990. — Amended 1982 Ky. Acts ch. 396, sec. 46, effective July 15, 1982. — Created 1980 Ky. Acts ch. 323, sec. 2,
effective July 15, 1980.