Kentucky Statutes 76.268 – Annexation to subdistricts, procedure — Effect
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Annexation to subdistricts may be accomplished by any of the following procedures, as the board may elect:
(1) (a) After the creation of a construction subdistrict under the provisions of KRS
76.241 to 76.246, the board may, if it deems it advisable, use the authority and procedures granted to sanitation districts by KRS § 220.535 to KRS § 220.537 to annex territory to a subdistrict, the words “board of directors” being read as “metropolitan sewer district board.”
(b) Language in KRS § 220.535 limiting the powers of annexation to a sanitation district in a county not containing a city of the first class shall not be applicable to a metropolitan sewer district which might use this method of annexation to a construction subdistrict even if it is located in a county containing a city of the first class, and the secretary of the Energy and Environment Cabinet shall function in regard to annexation by it in the same manner and under the same procedures, as set out in KRS § 220.535 to KRS § 220.537, as he would in his capacity as commissioner of sanitation districts for any sanitation district.
(2) After the creation of a construction subdistrict under the provisions of KRS § 76.241 to KRS § 76.246, the board may annex any area, contiguous or noncontiguous, subject to the limitations of KRS § 76.242, to the construction subdistrict by making a preliminary order describing the area to be annexed and causing said order to be published pursuant to KRS Chapter 424. The notice so published shall state that objections in writing to the proposed annexation may be filed with the district within thirty (30) days of the date of said notice. The district shall examine and hear all such complaints. It may modify or amend the areas proposed to be annexed; and it shall make a final order, within sixty (60) days of the date of publication of said notice, describing the areas to be annexed and shall cause the same to be published, pursuant to KRS Chapter 424. A freeholder of land within the area proposed to be annexed may appeal such final order 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.
(3) In the event the owner or owners of all the property or properties proposed to be annexed to a construction subdistrict shall tender to the district their written request or requests that the district proceed immediately with the annexation of said property or properties, and shall unqualifiedly waive all formalities and substantive rights contained in subsection (2) of this section, the district may thereupon make and publish a final order annexing said property or properties to the construction subdistrict. Said order shall contain a recitation of the receiving of waivers from the owners of all properties to be annexed thereunder. Provided, however, that in all such instances the written request or requests of the owner or owners of all properties proposed to be annexed to a construction subdistrict shall be in recordable form and shall be recorded in the office of the county clerk of the county wherein the property is located; and said clerk is authorized to record such instruments as in the case of mortgages and may charge and receive fees therefor as in the case of mortgages.
(4) The provisions of subsections (1), (2), and (3) of this section shall not repeal or reduce any existing rights or duties of metropolitan sewer districts, but shall constitute merely a procedure for annexation to construction subdistricts by a metropolitan sewer district.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 70, effective July 15, 2010. — Amended
1978 Ky. Acts ch. 384, sec. 200, effective June 17, 1978. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1). — Amended 1968 Ky. Acts ch. 156, sec. 9. — Created
1964 Ky. Acts ch. 33, secs. 33 to 35.
Legislative Research Commission Note (9/19/95). The reference to “the Director of Sanitary Engineering of the Department of Health” in subsection (1)(b) of the original text of this statute (1964 Ky. Acts ch. 33, sec. 34) was mistakenly changed to “the director of sanitary engineering of the Department [now Cabinet] for Human Resources” on the basis of 1974 Ky. Acts ch. 74, Art. VI, sec. 107(11). However, the functions of this officer as they related to KRS § 220.535 to KRS § 220.537, cited in subsection (1)(b) of this statute, were transferred to the commissioner of environmental protection in the amendment of KRS § 220.020 by 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 30; these functions now are held by the secretary of the Natural Resources and Environmental Protection Cabinet (1974 Ky. Acts, ch. 74, Art. III, sec. 13(2) & (9); 1982 Ky. Acts ch. 393, sec. 50(3)). Because of this, and pursuant to KRS § 7.136(2), “the secretary of the Natural Resources and Environmental Protection Cabinet” has been substituted in subsection (1)(b) of this statute where “the Director of Sanitary Engineering of the Department of Health” originally appeared.
(1) (a) After the creation of a construction subdistrict under the provisions of KRS
Terms Used In Kentucky Statutes 76.268
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- City: includes town. See Kentucky Statutes 446.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
76.241 to 76.246, the board may, if it deems it advisable, use the authority and procedures granted to sanitation districts by KRS § 220.535 to KRS § 220.537 to annex territory to a subdistrict, the words “board of directors” being read as “metropolitan sewer district board.”
(b) Language in KRS § 220.535 limiting the powers of annexation to a sanitation district in a county not containing a city of the first class shall not be applicable to a metropolitan sewer district which might use this method of annexation to a construction subdistrict even if it is located in a county containing a city of the first class, and the secretary of the Energy and Environment Cabinet shall function in regard to annexation by it in the same manner and under the same procedures, as set out in KRS § 220.535 to KRS § 220.537, as he would in his capacity as commissioner of sanitation districts for any sanitation district.
(2) After the creation of a construction subdistrict under the provisions of KRS § 76.241 to KRS § 76.246, the board may annex any area, contiguous or noncontiguous, subject to the limitations of KRS § 76.242, to the construction subdistrict by making a preliminary order describing the area to be annexed and causing said order to be published pursuant to KRS Chapter 424. The notice so published shall state that objections in writing to the proposed annexation may be filed with the district within thirty (30) days of the date of said notice. The district shall examine and hear all such complaints. It may modify or amend the areas proposed to be annexed; and it shall make a final order, within sixty (60) days of the date of publication of said notice, describing the areas to be annexed and shall cause the same to be published, pursuant to KRS Chapter 424. A freeholder of land within the area proposed to be annexed may appeal such final order 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.
(3) In the event the owner or owners of all the property or properties proposed to be annexed to a construction subdistrict shall tender to the district their written request or requests that the district proceed immediately with the annexation of said property or properties, and shall unqualifiedly waive all formalities and substantive rights contained in subsection (2) of this section, the district may thereupon make and publish a final order annexing said property or properties to the construction subdistrict. Said order shall contain a recitation of the receiving of waivers from the owners of all properties to be annexed thereunder. Provided, however, that in all such instances the written request or requests of the owner or owners of all properties proposed to be annexed to a construction subdistrict shall be in recordable form and shall be recorded in the office of the county clerk of the county wherein the property is located; and said clerk is authorized to record such instruments as in the case of mortgages and may charge and receive fees therefor as in the case of mortgages.
(4) The provisions of subsections (1), (2), and (3) of this section shall not repeal or reduce any existing rights or duties of metropolitan sewer districts, but shall constitute merely a procedure for annexation to construction subdistricts by a metropolitan sewer district.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 70, effective July 15, 2010. — Amended
1978 Ky. Acts ch. 384, sec. 200, effective June 17, 1978. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1). — Amended 1968 Ky. Acts ch. 156, sec. 9. — Created
1964 Ky. Acts ch. 33, secs. 33 to 35.
Legislative Research Commission Note (9/19/95). The reference to “the Director of Sanitary Engineering of the Department of Health” in subsection (1)(b) of the original text of this statute (1964 Ky. Acts ch. 33, sec. 34) was mistakenly changed to “the director of sanitary engineering of the Department [now Cabinet] for Human Resources” on the basis of 1974 Ky. Acts ch. 74, Art. VI, sec. 107(11). However, the functions of this officer as they related to KRS § 220.535 to KRS § 220.537, cited in subsection (1)(b) of this statute, were transferred to the commissioner of environmental protection in the amendment of KRS § 220.020 by 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 30; these functions now are held by the secretary of the Natural Resources and Environmental Protection Cabinet (1974 Ky. Acts, ch. 74, Art. III, sec. 13(2) & (9); 1982 Ky. Acts ch. 393, sec. 50(3)). Because of this, and pursuant to KRS § 7.136(2), “the secretary of the Natural Resources and Environmental Protection Cabinet” has been substituted in subsection (1)(b) of this statute where “the Director of Sanitary Engineering of the Department of Health” originally appeared.