KRS § 75A.020 — KY Code / Title IX / Chapter 75A / Section 75A.020
75A.020 Choice of processes by which new consolidated emergency services district may be formed
Status: in_force

75A.020 Choice of processes by which new consolidated emergency services district

may be formed.

(1) A new consolidated emergency services district may be formed by one (1) of the

following processes:

(a) The board of:

1. Any two (2) or more fire protection districts established under KRS

Chapter 75 or 273, any special district whose services are subject to the

licensure provisions of KRS Chapter 311A, or any rescue squads

established under KRS Chapter 39F; or

2. Any fire protection districts established under KRS Chapter 75 or 273,

any special district whose services are subject to the licensure provisions

of KRS Chapter 311A, or any rescue squads established under KRS

Chapter 39F that have merged within the five (5) years prior to the

adoption of this section that would have been eligible to consolidate

under the provisions of this section;

3. May adopt resolutions agreeing to the formation of a consolidated

emergency services district and requesting the creation of a consolidated

emergency services district. The governing bodies shall notify the

county fiscal court, consolidated local government, charter county

government, or unified local government with jurisdiction over the

proposed district and request the formation of a consolidated emergency

services district; or

(b) The board of any two (2) or more consolidated emergency service districts

established under this chapter may adopt resolutions agreeing to the merger of

consolidated emergency services districts and requesting the creation of a new

consolidated emergency services district. The governing bodies shall notify

the county fiscal court, consolidated local government, charter county

government, or unified local government with jurisdiction over the proposed

district and request the formation of a new consolidated emergency services

district.

(2) (a) Any county fiscal court, consolidated local government, charter county

government, or unified local government, upon receipt of a request from two

(2) or more fire protection districts, special districts whose services are subject

to the licensure provisions of KRS Chapter 311A, or rescue squads

established under KRS Chapter 39F, may create a consolidated emergency

services district in their jurisdiction by adoption of an ordinance approving the

establishment of a consolidated emergency services district and authorizing

any relevant fire protection district to join if its governing authority has

approved it to join the consolidated district.

(b) The ordinance shall describe the boundaries by metes and bounds and name

for the consolidated district. No consolidated emergency services district shall

take effect less than sixty (60) days from completing the required elements

outlined in this section.

(c) The county fiscal court, consolidated local government, charter county

government, or unified local government clerk shall notify all planning

commissions, cities, and area development districts within whose jurisdiction

the approved service area is located and any state agencies required by law to

be notified of the proposal for the creation of the taxing district within thirty

(30) days from adoption of the ordinance authorizing creation of the district.

(d) The creation of a consolidated emergency services taxing district shall be of

legal effect only after adoption of an ordinance creating the taxing district and

after a certified copy of the ordinance creating the taxing district is filed with

the county clerk.

(e) Any aggrieved person may bring an action in the Circuit Court having

jurisdiction of that county to contest the decision of the county fiscal court or

legislative body of the county to establish a consolidated emergency services

district or to protest the inclusion of any county, consolidated local

government, charter county government, unified local government, fire

protection district or volunteer fire department district established pursuant to

KRS Chapter 75 or 273, any special district whose services are subject to the

licensure provisions of KRS Chapter 311A, or any rescue squad established

pursuant to KRS Chapter 39F within a consolidated emergency services

district.

(3) (a) If the governing body of any fire protection district established under KRS

Chapter 75 or 273, any special district whose services are subject to the

licensure provisions of KRS Chapter 311A, or any rescue squad established

under KRS Chapter 39F desires to have its district become part of an

established consolidated emergency services district after the creation of the

district, it shall by motion so record its desire in the minutes of the board, in

the case of any fire protection district, any emergency medical services special

district, or any rescue squad. The board shall convey this request to the

consolidated emergency service district's board. Within sixty (60) days of

receiving the request the consolidated emergency service district's board shall

vote upon this request. The approval shall be certified to the clerk of the

county, consolidated local government, charter county government, or unified

local government in the jurisdiction in which the consolidated district is

located.

(b) The approval of the addition of a district to the consolidated emergency

services district shall become effective upon the adoption of an ordinance

amending the ordinance creating the consolidated emergency services district

by the county fiscal court, consolidated local government, charter county

government, or unified local government and authorizing the inclusion of the

petitioning fire protection district. The amended ordinance shall identify the

boundaries by metes and bounds of the amended consolidated emergency

services district.