KRS 76.268: Annexation to subdistricts, procedure -- Effect.

Annexation to subdistricts may be accomplished by any of the following procedures, as

the board may elect:

(1) (a) After the creation of a construction subdistrict under the provisions of KRS

76.241 to 76.246, the board may, if it deems it advisable, use the authority and

procedures granted to sanitation districts by KRS 220.535 to 220.537 to annex

territory to a subdistrict, the words "board of directors" being read as

"metropolitan sewer district board."

(b) Language in KRS 220.535 limiting the powers of annexation to a sanitation

district in a county not containing a city of the first class shall not be

applicable to a metropolitan sewer district which might use this method of

annexation to a construction subdistrict even if it is located in a county

containing a city of the first class, and the secretary of the Energy and

Environment Cabinet shall function in regard to annexation by it in the same

manner and under the same procedures, as set out in KRS 220.535 to 220.537,

as he would in his capacity as co mmissioner of sanitation districts for any

sanitation district.

(2) After the creation of a construction subdistrict under the provisions of KRS 76.241

to 76.246, the board may annex any area, contiguous or noncontiguous, subject to

the limitations of KRS 76.242, to the construction subdistrict by making a

preliminary order describing the area to be annexed and causing said order to be

published pursuant to KRS Chapter 424. The notice so published shall state that

objections in writing to the proposed annex ation may be filed with the district

within thirty (30) days of the date of said notice. The district shall examine and hear

all such complaints. It may modify or amend the areas proposed to be annexed; and

it shall make a final order, within sixty (60) da ys of the date of publication of said

notice, describing the areas to be annexed and shall cause the same to be published,

pursuant to KRS Chapter 424. A freeholder of land within the area proposed to be

annexed may appeal such final order in the manner de scribed in KRS 76.247. In

referring to KRS 76.247, this section is not intended to provide for de novo trial.

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

annexed to a construction subdistrict shall tender to the di strict their written request

or requests that the district proceed immediately with the annexation of said

property or properties, and shall unqualifiedly waive all formalities and substantive

rights contained in subsection (2) of this section, the distric t may thereupon make

and publish a final order annexing said property or properties to the construction

subdistrict. Said order shall contain a recitation of the receiving of waivers from the

owners of all properties to be annexed thereunder. Provided, how ever, that in all

such instances the written request or requests of the owner or owners of all

properties proposed to be annexed to a construction subdistrict shall be in

recordable form and shall be recorded in the office of the county clerk of the county

wherein the property is located; 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.

(4) The provisions of subsections (1), (2), and (3) of this section shall not repeal or

reduce any existing rights or duties of metropolitan sewer districts, but shall

constitute merely a procedure for annexation to construction subdistricts by a

metropolitan sewer district.