KRS § 75.020 — KY Code / Title IX / Chapter 75 / Section 75.020
75.020 Annexation or reduction of territory -- Expansion into territory served by fire department -- Assumption by city of debt -- Merger of districts -- Service area boundary maps to be updated and filed
Status: in_force

75.020 Annexation or reduction of territory -- Expansion into territory served by

fire department -- Assumption by city of debt -- Merger of districts -- Service

area boundary maps to be updated and filed.

(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

enlarged or diminished in the following way: The trustees of the fire

protection district or of the volunteer fire department district shall file a

petition in the county clerk's office of the county in which that district and the

territory to be annexed or stricken off, or the greater part thereof, is located,

describing the territory to be annexed or stricken and setting out the reasons

therefor. Notice of the filing of such petition shall be given by publication as

provided for in KRS Chapter 424. On the day fixed in the notice, the county

judge/executive shall, if the proper notice has been given, and the publication

made, and no written objection or remonstrance is interposed enter an order

annexing or striking off the territory described in the petition. Fifty-one

percent (51%) or more of the freeholders of the territory sought to be annexed

or stricken off may, at any time before the date fixed in the notice, remonstrate

in writing, filed in the clerk's office, to the action proposed. If such written

remonstrance is filed, the clerk shall promptly give notice to the trustees of the

fire protection district, or of the volunteer fire department district, and the

county judge/executive shall hear and determine the same. If upon such

hearing, the county judge/executive finds from the evidence that a failure to

annex or strike off such territory will materially retard the functioning of the

fire protection district or the volunteer fire department district and materially

affect adversely the owners and the inhabitants of the territory sought to be

annexed or stricken off, he or she shall enter an order, granting the annexation

or striking off the territory. In the latter event, no new petition to annex or

strike off all or any part of the same territory shall be entertained for a period

of two (2) years. Any aggrieved person may bring an action in Circuit Court to

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

established under KRS 75.010 to 75.080, are seeking to expand territory into

an area served by a fire department created under KRS Chapter 273 and

certified under KRS 75.400 to 75.460 or an area that is not contained within

the boundaries of the city, but is being served by a city government, then the

trustees shall, prior to executing the provisions of paragraph (a) of this

subsection, enter into a written agreement with the fire chief and the board of

the fire department created under KRS Chapter 273 or with the city

government providing fire protection services to the area proposed to be

annexed. The agreement shall establish the proposed new boundary as it

applies to the fire department created under KRS Chapter 273 or to the area

being served by the city fire department. On the day the agreement is

finalized, the trustees of the district shall send by certified mail, return receipt

requested, or have personally delivered a copy of the agreement to the county

judge/executive of the county containing the territory subject to the expansion.

The notice required in paragraph (a) of this subsection shall, in lieu of the

applicable publication requirements set out in KRS Chapter 424, be published

at least once a week, for a minimum of two (2) weeks. The last publication

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 or the city government in the manner authorized in

paragraph (b) of this subsection and are unable to reach an agreement within

thirty (30) days, the trustees, or any real property holder of the territory subject

to the annexation, may directly seek permission from the real property holders

of that territory to continue with the annexation procedure set out in

paragraphs (a) and (b) of this subsection by circulating a petition and securing

the signatures of at least fifty-one percent (51%) of the real property holders

within that territory. The petition shall include the residential address of the

signer and the date of the signature. The petition shall be certified by the

county clerk if the clerk finds 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

indebtedness incurred by the fire protection district or the volunteer fire department

district prior to the date of the annexation of such territory, except such

indebtedness as represents the balance owing on the purchase price of firefighting

equipment. The property in any territory stricken off from a fire protection district

or a volunteer fire department district by the incorporation of or annexation by a city

of this Commonwealth shall not be relieved of liability of such taxes as may be

necessary to pay its proportionate share of the indebtedness incurred while such

territory was a part of that district. Territories stricken by action of the county

judge/executive under the provisions of subsection (1) shall be relieved of liability

for all indebtedness incurred by the fire protection district or the volunteer fire

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

volunteer fire department district, shall comply with KRS 75.022(3).

(4) A fire protection district or volunteer fire department district established pursuant to

KRS 75.010 to 75.080 shall not expand its service boundaries or annex territory

contained in another fire protection district or volunteer fire department district

established pursuant to KRS 75.010 to 75.080. However, 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 one (1) fire protection

district or volunteer fire department district as follows:

(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

which all of the districts and the territory to be merged into one (1) district, or

the greater part of the district, is located, describing the territory to be merged

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

remonstrance has been made, enter an order merging the fire protection

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

notice, remonstrate by written petition to the county clerk regarding their

objection to the merger of the districts. If a petition is filed, the county clerk

shall give prompt notice to the trustees of the fire protection districts or the

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

the hearing, the county judge/executive finds from the evidence that a failure

to merge the territory will materially retard the functioning of the fire

protection districts or volunteer fire department districts and materially affect

adversely the owners and the inhabitants of the territory sought to be merged,

he or she shall enter an order granting the merger of the districts into one (1)

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

districts or volunteer fire department districts.

(5) In addition to the merger provisions of subsection (4) of this section, fire protection

districts established pursuant to KRS 75.010 to 75.080 may also merge pursuant to

KRS Chapter 75A.

(6) The property in any fire protection district or volunteer fire department district

which is merged with another fire protection district or volunteer fire department

district shall not be liable to taxation for the purpose of paying any indebtedness

incurred by the other fire protection district or volunteer fire department district

prior to the date of the merger into one (1) fire protection district, except

indebtedness which represents a balance owed on the purchase price of firefighting

equipment from the other fire protection district or volunteer fire department

district.

(7) Fire protection districts or volunteer fire department districts that modify service

area boundaries by taking any action authorized under this section shall update their

service area boundary maps and file them in the manner required by KRS 75.420.