Kentucky Statutes 77.055 – District to function immediately following activation — Conclusiveness of activation and organization
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(1) Upon the adoption of the resolution by the fiscal court of the county in which the district is to function, and, where necessary pursuant to KRS § 77.015, the passage of the ordinance by the legislative body of the largest city within such county, the district shall immediately begin to function.
(2) After the adoption of the resolution of the fiscal court of the county in which the district is to function, and the passage of the ordinance by the legislative body of the largest city within such county, the regular activation and organization of the district shall be finally and conclusively established against all persons except the Commonwealth of Kentucky upon suit commenced by the Attorney General. The activation and organization of said district shall not be directly or collaterally questioned in any suit, action or proceeding instituted by any other person.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 66, effective January 1, 2015. — Created
1952 Ky. Acts ch. 53, sec. 13, effective March 14, 1952.
(2) After the adoption of the resolution of the fiscal court of the county in which the district is to function, and the passage of the ordinance by the legislative body of the largest city within such county, the regular activation and organization of the district shall be finally and conclusively established against all persons except the Commonwealth of Kentucky upon suit commenced by the Attorney General. The activation and organization of said district shall not be directly or collaterally questioned in any suit, action or proceeding instituted by any other person.
Terms Used In Kentucky Statutes 77.055
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- City: includes town. See Kentucky Statutes 446.010
- District: means an air pollution control district. See Kentucky Statutes 77.005
- Largest city: means the city with the greatest population within the county based upon the most recent federal decennial census conducted by the United States Census Bureau. See Kentucky Statutes 77.005
- Legislative body: means the chief legislative body of the city, whether it is the board of aldermen, general council, board of commissioners, or otherwise. See Kentucky Statutes 77.005
- Person: means any individual, firm, copartnership, joint adventure, association, corporation, social club, fraternal organization, estate, trust, receiver, syndicate, any county, city, municipality, district (for air pollution control or otherwise), or other political subdivision, or any group or combination acting as a unit, and the plural as well as the singular unit. See Kentucky Statutes 77.005
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 66, effective January 1, 2015. — Created
1952 Ky. Acts ch. 53, sec. 13, effective March 14, 1952.