KRS 220.040: Petition necessary to establish district -- Requisites.

(1) Before the commissioner of sanitation districts shall establish a district, a petition,

approved as to propriety and necessity by the county board of health of each county

affected, shall be filed with the commissioner, containing valid signatures of sixty

percent (60%) of those in possession claiming as freeholders within the limits of the

territory proposed to be organized into a district.

(2) In determining when sixty percent (60%) of the landowners have signed the

petition, the commissioner shall consul t with the landowners whose names appear

upon the county tax duplicate, which for all purposes of KRS 220.010 to 220.520

shall be prima facie evidence of such ownership. The commissioner shall further

require evidence to determine the fact that all signatures on the petition are genuine,

and a notification by ordinary mail sent to the respective addresses shown on the

petition shall be deemed satisfactory by the commissioner if the petitioner so

notified fails to report in writing within ten (10) days that he did not sign the

petition. When authorized by ordinance, such a petition may be signed by the

governing body of any municipality lying wholly or partly within the proposed

district. When so signed by such governing body a petition on the part of the

governing body shall fill all requirements of representation upon the petition of the

freeholders of the municipality as they appear upon the assessment roll of the

municipality, and individuals within the municipality shall not sign the petition.

Such a peti tion may also be filed by any municipality interested in some degree in

the improvement, upon proper action by its governing body, except as provided in

KRS 220.520.