KRS 76.241: Construction subdistrict established -- Petition, procedure, judicial review --

Waiver of notice and hearing.

(1) The district may establish a construction subdistrict when twenty-five percent (25%)

or more of the freeholders of land sought to be inclu ded in the construction

subdistrict file their petition with the district. The petition shall describe the territory

intended to be included in the construction subdistrict and the sewer and drainage

conditions and facilities existing in this territory. Th e territory of the construction

subdistrict may be noncontiguous to other territory of the district. Tenants in

common, joint tenants with or without right of survivorship, and tenants by the

entireties shall be deemed one (1) freeholder or property owner.

(2) When the petition is filed with the district, said district shall give notice of the filing

by publication pursuant to KRS Chapter 424. Within thirty (30) days after the

publication, any resident or freeholder of the proposed construction subdistrict may

file objections and the district shall set the case for hearing within thirty (30) days.

If the district finds that the establishment of the construction subdistrict is

reasonably necessary for the public health, convenience and comfort of the residents

of the subdistrict, it shall make an order establishing the construction subdistrict and

designating it by name and number.

(3) If the district finds that the construction subdistrict is not necessary, it may dismiss

the petition. If the district finds t hat any part of the proposed territory will not be

benefited, it may strike such part. If the district strikes a certain portion of the area,

the signature of the freeholders of that portion shall not be counted in determining

whether the necessary twenty-five percent (25%) have petitioned for the creation of

the subdistrict. A copy of the order of the board establishing a construction

subdistrict shall be published in accordance with KRS Chapter 424.

(4) An order of the district rejecting or dismissing the petition shall be deemed a final

order of the district appealable to the Circuit Court under the procedure set forth in

KRS 76.247 within sixty (60) days. Appeals to the Circuit Court from the order

establishing a construction subdistrict or striking or r efusing to strike any territory

from a construction subdistrict shall be made only as provided in KRS 76.247 and

only after following the procedures required in KRS 76.247.

(5) In the event the owner or owners of all property or properties proposed to be

included within the territorial boundaries of a construction subdistrict shall tender to

the district their written request or requests that the district proceed immediately

with the creation of a construction subdistrict, and the construction and installat ion

therein of sewer facilities as provided in KRS 76.241 to 76.273, inclusive, and shall

unqualifiedly waive all formalities and substantive rights contained in:

(a) KRS 76.241, concerning the affording of notice as to creation of a

construction subdistrict, the time for filing objections to the creation thereof,

and the time for appealing from an order establishing a construction

subdistrict;

(b) KRS 76.243, concerning the affording of notice as to proposed assessments;

and

(c) KRS 76.246, concerning the holding of a public hearing, and permitting

litigation following the making and publication of an order concerning the

construction plan in general.

(6) The district may thereupon make and publish an order creating such construction

subdistrict, and its order as provided in KRS 76.246(2), without further action being

required, and may thereupon proceed to carry out said plan for improvements

without further recourse to said identified statutory provisions and formalities; but

in all such instances the writt en request or requests of the owner or owners of all

properties proposed to be included within the territorial boundaries of such

construction subdistrict shall be in recordable form and shall be recorded in the

office of the county clerk of the county whe rein the properties are situated, and said

clerk is authorized to record such instruments as in the case of mortgages and may

charge and receive fees therefor as in the case of mortgages. Each resolution of the

district, by which an improvement is undertak en according to this section, shall

contain a recitation of the receiving of written requests and waivers from the owners

of all properties included within the territorial boundaries of the construction

subdistrict. In the event the district proceeds pursu ant to KRS Chapter 107, as

authorized by KRS 76.251, the lien for which provision is made in KRS 107.160

shall attach upon publication of the resolution (equivalent to the "third ordinance")

which authorizes issuance of improvement assessment bonds.