KRS § 268.160 — KY Code / Title XXII / Chapter 268 / Section 268.160
268.160 Election of board -- Qualifications -- Bond -- Officers -- Powers
Status: in_force

268.160 Election of board -- Qualifications -- Bond -- Officers -- Powers.

(1) The county judge/executive shall divide the district into three (3) precincts as nearly

equal in area as practicable, following owners' property lines, and immediately upon

such division he shall appoint a temporary secretary to act for the district board. The

secretary for the board shall record the result of the division of the district into

precincts in the drainage record.

(2) The secretary shall give twenty (20) days' notice by posting three (3) notices in each

precinct of the district and by publication pursuant to KRS Chapter 424, informing

the owners of the district that they may vote for a drainage commissioner for each

precinct and a secretary for the board and the district, within a stated time. The vote

shall be taken by the owners filing a written designation of choice, together with the

number of acres the voter owns in the district, or if benefits have been confirmed

the amount of benefits assessed against the owner's land, with the county

judge/executive. Each acre owned and assessed in the district shall count one (1)

vote, or if benefits have been confirmed each one hundred dollars ($100) or fraction

thereof in benefits assessed against the voter's land shall count one (1) vote for

secretary and drainage commissioner. The votes of the owners, when cast and filed

with the county judge/executive, shall be recorded by the secretary of the board in

the drainage record immediately after the expiration of the time for casting the vote.

Votes shall be filed with the county judge/executive by the first Monday in April for

drainage commissioner and for secretary, for a term of one (1) year beginning on the

first Monday of May following. If there is a tie vote in any contest the judge of the

county where the district has been established shall cast the deciding vote.

(3) The board shall consist of three (3) members, being the persons who have received

the largest number of votes in each of the three (3) precincts. The secretary shall be

the party who received the largest number of votes from the district at large for that

office. The board shall elect some responsible resident of the district, who is not a

member of or secretary to the board, as treasurer. The treasurer shall be paid

whatever salary the board deems proper, and shall execute bond as the board

directs. One (1) month after the advertised election is completed, or on the first

Monday in May if not an advertised election, the elected officers shall take charge

of the drainage record and all records, maps, papers and property belonging to the

district, except money in the hands of the treasurer.

(4) No one except an owner of land in the precinct for which he acts shall be eligible

for drainage commissioner. Each commissioner shall be a freeholder and over

twenty-one (21) years of age. The board shall have control of all improvements in

the district, except as otherwise provided. Vacancies in the office of board member

or secretary shall be filled by a special election after due advertising. Each drainage

commissioner when elected shall execute bond for the faithful performance of his

duties in the sum of $2,500 and shall be sworn to perform the duties of his office to

the best of his ability.

(5) Immediately upon election and qualification, the board shall become a body

corporate, under the name and style of the "Board of Drainage Commissioners of ....

District," with all the powers of a corporation or as necessary to carry on its work. It

shall use a corporate seal which it may change at pleasure. The board shall elect

from among its members a president, and a vice president.