109.270 Establishment of district by citizen petition and election -- Election on plan -- Dissolution or modification of districts.
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<![CDATA[ Page 1 of 2 109.270 Establishment of district by citizen petition and election -- Election on plan -- Dissolution or modification of districts. (1) When the citizens of a county desire to have such county establish a solid waste management plan and as of January 1, 1984, the fiscal court has failed to establish a <br>plan, a number of citizens equivalent to ten percent (10%) of the votes cast in the <br>county for the office receiving the greatest total vote at the last general election, <br>shall file a petition in the county of their residence asking that a solid waste <br>management plan be established. (2) The petition shall be filed with the county judge/executive asking that the proposition of establishing a solid waste management plan for the county be <br>submitted to the voters of the county at the next general election held in the county. <br>Each voter signing the petition shall state his full name and address. Upon the filing <br>of the petition with the county judge/executive he shall enter an order directing that <br>the petition be published in full pursuant to KRS Chapter 424, and shall further <br>enter an order with the county clerk not later than the second Tuesday in August <br>preceding the general election to have placed before the voters at such election the <br>question, "Are you in favor of having the county establish a solid waste <br>management plan?" with proper spaces in which the voter may indicate a "Yes" or a <br>"No" vote. If the majority of those voting on the proposition vote "Yes," a solid <br>waste management plan shall be developed. The vote shall be canvassed and <br>returned by the board of election commissioners for the general election. (3) The result of any election with respect to establishing a solid waste management plan shall be certified to the fiscal court of the county, and the fiscal court shall, if <br>the result of the election is certified as in favor of the establishment of the plan, <br>proceed to develop a solid waste management plan for the county. (4) At the next general election held in the county following the vote of the people in favor of the establishment of a solid waste management plan, the county shall <br>submit to the voters of the county the details of said plan, including the area to be <br>served, the debt to be incurred, any fees or assessments to be levied or other <br>financing proposals. At least thirty (30) days prior to said election the county <br>judge/executive shall enter an order directing that the details of the solid waste <br>management plan be published pursuant to KRS Chapter 424, and shall further <br>enter an order not later than the second Tuesday in August preceding the general <br>election directing the county clerk to have placed before the voters at such election <br>the question, "Are you in favor of the implementation of the solid waste <br>management plan proposed by the county?" with proper spaces in which the voter <br>may indicate a "Yes" or a "No" vote. If the majority of those voting on the <br>proposition vote "Yes," the solid waste management plan shall be implemented. <br>The vote shall be canvassed and returned by the board of election commissioners <br>for the general election. (5) The result of any election with respect to a solid waste management plan shall be certified to the fiscal court of the county, and the fiscal court shall, if the result of <br>the election is certified as in favor of the plan, forthwith proceed to put the plan into <br>effect. If the result of the election is against the implementation of that solid waste Page 2 of 2 management plan, the county shall proceed to develop another plan to be submitted <br>to the voters of the county at the next general election, following the procedure set <br>forth in subsection (4) of this section. (6) The result of any election with respect to establishing a waste management district shall be certified to the fiscal court of the counties composing the district to be <br>established, and the fiscal court shall, if the result of the election is certified as in <br>favor of the establishment of the district, forthwith proceed to declare the county or <br>counties a district for the purposes of waste management, and shall proceed to put <br>the district into effect in the same manner as they are authorized to do upon their <br>own initiative. (7) Waste management districts created under this section may be dissolved or modified pursuant to the provisions of KRS 65.166 to 65.176. Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 195, sec. 53, effective July 15, 1996. -- 1982 Ky. Acts ch. 74, sec. 16, effective July 15, 1982. ]]>