67A.847 Procedure for referendum -- Application of general election law -- Combined proposal with public parks purchase and maintenance program.
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(1) A purchase of development rights program proposal authorized by KRS 67A.843 and 67A.845 may be submitted to the voters of an urban-county by either a
resolution of the legislative body or a petition meeting the requirements of this
section. The resolution or petition shall set out the matters specified in KRS
67A.843(1). The proposal shall be drafted in such a way that a vote in favor of
adoption shall be a vote in favor of the proposal. (2) Petitions shall be signed by registered voters of the urban-county government equal in number to at least ten percent (10%) of the total number of votes cast in the
urban-county in the last regular mayoral election of the urban-county government. (3) If, not later than ninety (90) days preceding the day established for a regular election, the county clerk receives a resolution adopted by a three-fifths (3/5) vote
of the legislative body of the urban-county government requesting that the question
be submitted to the voters or determines that a petition submitted in accordance
with this section is sufficient, the legal department of the urban-county government
shall prepare to place before the voters of the urban-county government at the next
regular election the question, which shall appear on the ballot in the following form: "( ) FOR RATIFICATION OF (summary of proposed program) ( ) AGAINST RATIFICATION OF (summary of proposed program)". The county clerk shall cause to be published, not fewer than three (3) times within
the thirty (30) day period immediately preceding the election in a newspaper having
a general circulation in the territory of the urban-county government, notice of the
referendum, the exact language of the proposal, and a map prepared by the urban-
county government showing the general location of the properties from which
development rights may be purchased under the program. (4) The provisions of general election law shall apply to a referendum conducted under this section. The certificate of the body authorized by law to canvass election
returns shall be delivered to the mayor of the urban-county government and the
certificate shall be entered upon the records of the urban-county government during
the next regular meeting of the urban-county government legislative body. If a
proposed program is approved, it shall become effective at the time specified in the
proposal, but the effective date shall not be before the first day of January following
the election. (5) After compliance with the provisions of this section and KRS 67A.160, a purchase of development rights program authorized by KRS 67A.843 and 67A.845 may be
combined with a public parks purchase and maintenance program proposal
authorized by KRS 97.590. In the case of a combined proposal, the urban-county
government shall place before the voters a single ballot proposal that combines the
purchase of development rights program proposal and the parks purchase and
maintenance program proposal. In that event, the proposal shall specify which tax
levy or portion thereof shall provide funding for the purchase of development rights Page 2 of 2 program proposal and which will provide funding for the parks purchase and
maintenance program proposal. Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 355, sec. 2, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 372, sec. 5, effective July 15, 1998.