75.020 Annexation or reduction of territory -- Expansion into territory served by fire department -- Assumption by city of debt -- Merger of districts.
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75.020 Annexation or reduction of territory -- Expansion into territory served by
fire department -- Assumption by city of debt -- Merger of districts.
(1) (a) The territorial limits of an established fire protection district, or a volunteer
fire department district, as established under KRS 75.010 to 75.080, may be <br>enlarged or diminished in the following way: The trustees of the fire <br>protection district or of the volunteer fire department district shall file a <br>petition in the county clerk's office of the county in which that district and the <br>territory to be annexed or stricken off, or the greater part thereof, is located, <br>describing the territory to be annexed or stricken and setting out the reasons <br>therefor. Notice of the filing of such petition shall be given by publication as <br>provided for in KRS Chapter 424. On the day fixed in the notice, the county <br>judge/executive shall, if the proper notice has been given, and the publication <br>made, and no written objection or remonstrance is interposed enter an order <br>annexing or striking off the territory described in the petition. Fifty-one <br>percent (51%) or more of the freeholders of the territory sought to be annexed <br>or stricken off may, at any time before the date fixed in the notice, remonstrate <br>in writing, filed in the clerk's office, to the action proposed. If such written <br>remonstrance is filed, the clerk shall promptly give notice to the trustees of the <br>fire protection district, or of the volunteer fire department district, and the <br>county judge/executive shall hear and determine the same. If upon such <br>hearing, the county judge/executive finds from the evidence that a failure to <br>annex or strike off such territory will materially retard the functioning of the <br>fire protection district or the volunteer fire department district and materially <br>affect adversely the owners and the inhabitants of the territory sought to be <br>annexed or stricken off, he or she shall enter an order, granting the annexation <br>or striking off the territory. In the latter event, no new petition to annex or <br>strike off all or any part of the same territory shall be entertained for a period <br>of two (2) years. Any aggrieved person may bring an action in Circuit Court to <br>contest the decision of the county judge/executive.
(b) In addition to the provisions of paragraph (a) of this subsection, if the trustees
of a fire protection district or a volunteer fire department district, as <br>established under KRS 75.010 to 75.080, are seeking to expand territory into <br>an area served by a fire department created under KRS Chapter 273, then the <br>trustees shall, prior to executing the provisions of paragraph (a) of this <br>subsection, enter into a written agreement with the fire chief and the board of <br>the fire department created under KRS Chapter 273. The agreement shall <br>establish the proposed new boundary. On the day the agreement is finalized, <br>the trustees of the district shall send by certified mail, return receipt requested, <br>or have personally delivered a copy of the agreement to the county <br>judge/executive of the county containing the territory subject to the expansion. <br>The notice required in paragraph (a) of this subsection shall, in lieu of the <br>applicable publication requirements set out in KRS Chapter 424, be published <br>at least once a week, for a minimum of two (2) weeks. The last publication <br>shall occur no less than seven (7) days before the date fixed in the notice.
(c) If the trustees approach the fire chief and board of the fire department created
under KRS Chapter 273 in the manner authorized in paragraph (b) of this <br>subsection and are unable to reach an agreement within thirty (30) days, the <br>trustees, or any real property holder of the territory subject to the annexation, <br>may directly seek permission from the real property holders of that territory to <br>continue with the annexation procedure set out in paragraphs (a) and (b) of <br>this subsection by circulating a petition and securing the signatures of at least <br>fifty-one percent (51%) of the real property holders within that territory. The <br>petition shall include the residential address of the signer and the date of the <br>signature. The petition shall be certified by the county clerk if the clerk finds <br>the petition sufficient in form and requisite amount of signatures.
(2) The property in any territory annexed to a fire protection district or to a volunteer
fire department district shall not be liable to taxation for the purpose of paying any <br>indebtedness incurred by the fire protection district or the volunteer fire department <br>district prior to the date of the annexation of such territory, except such <br>indebtedness as represents the balance owing on the purchase price of firefighting <br>equipment. The property in any territory stricken off from a fire protection district <br>or a volunteer fire department district by the incorporation of or annexation by a city <br>of this Commonwealth shall not be relieved of liability of such taxes as may be <br>necessary to pay its proportionate share of the indebtedness incurred while such <br>territory was a part of that district. Territories stricken by action of the county <br>judge/executive under the provisions of subsection (1) shall be relieved of liability <br>for all indebtedness incurred by the fire protection district or the volunteer fire <br>department district.
(3) Any city that maintains a "regular fire department," and has either by incorporation
or annexation caused property to be stricken from a fire protection district or a <br>volunteer fire department district, shall assume the liability of such taxes as may be <br>necessary to pay the proportional share of the indebtedness incurred while such <br>territory was a part of said district.
(4) The territorial limits of two (2) or more fire protection districts, or volunteer fire
department districts, as established by KRS 75.010 to 75.080, may be merged into <br>one (1) fire protection district or volunteer fire department district as follows: <br>(a) The trustees of each fire protection district or volunteer fire department
district shall file a joint petition in the county clerk's office of the county in <br>which all of the districts and the territory to be merged into one (1) district, or <br>the greater part of the district, is located, describing the territory to be merged <br>into the district and setting out the reasons for the merger;
(b) Notice of the filing of the petition shall be given by publication as provided in
KRS Chapter 424 for public notices;
(c) On the day fixed in the notice, the county judge/executive shall, if proper
notice by publication has been given, and no written objection or <br>remonstrance has been made, enter an order merging the fire protection <br>districts or volunteer fire department districts described in the petition;
(d) Fifty-one percent (51%) or more of the property owners of the territory sought
to be merged into one (1) district may, at any time before the date fixed in the <br>notice, remonstrate by written petition to the county clerk regarding their <br>objection to the merger of the districts. If a petition is filed, the county clerk <br>shall give prompt notice to the trustees of the fire protection districts or the <br>volunteer fire protection districts and the county judge/executive;
(e) The county judge/executive shall schedule a hearing regarding the petition and
shall give public notice as to the date, time, and place of the hearing. If after <br>the hearing, the county judge/executive finds from the evidence that a failure <br>to merge the territory will materially retard the functioning of the fire <br>protection districts or volunteer fire department districts and materially affect <br>adversely the owners and the inhabitants of the territory sought to be merged, <br>he or she shall enter an order granting the merger of the districts into one (1) <br>fire protection district or volunteer fire department district; and
(f) Any aggrieved person may bring an action in Circuit Court to contest the
decision of the county judge/executive regarding the merger fire protection <br>districts or volunteer fire department districts.
(5) The property in any fire protection district or volunteer fire department district
which is merged with another fire protection district or volunteer fire department <br>district shall not be liable to taxation for the purpose of paying any indebtedness <br>incurred by the other fire protection district or volunteer fire department district <br>prior to the date of the merger into one (1) fire protection district, except <br>indebtedness which represents a balance owed on the purchase price of firefighting <br>equipment from the other fire protection district or volunteer fire department <br>district.
Effective: July 15, 2008 <br>History: Amended 2008 Ky. Acts ch. 166, sec. 1, effective July 15, 2008. -- Amended
2004 Ky. Acts ch. 19, sec. 1, effective July 13, 2004. -- Amended 1996 Ky. Acts <br>ch. 127, sec. 1, effective July 15, 1996. -- Amended 1984 Ky. Acts ch. 100, sec. 8, <br>effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 196, effective June <br>17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 68, effective <br>January 2, 1978. -- Amended 1976 Ky. Acts ch. 62, sec. 78. -- Amended 1966 Ky. <br>Acts ch. 146, sec. 8. -- Amended 1964 Ky. Acts ch. 184, sec. 2. -- Amended 1960 <br>Ky. Acts ch. 104, sec. 4. -- Created 1944 Ky. Acts ch. 133, sec. 2.
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