KRS 96A.330: Resolution or ordinance to submit proposal to electorate -- Simultaneous

elections in transit area -- Notice.

(1) Any transit authority created pursuant to the provisions of KRS Chapter 96A may,

by resolution duly adopted by its board in the manner pr escribed by KRS 96A.060,

request one (1) or more of the public bodies which, upon the date of adoption of

such resolution constitute members of such transit authority, either:

(a) To submit to their respective electorates; or

(b) To jointly submit to the e lectorate of the entire transit area encompassed by

such transit authority a proposal for the approval or disapproval of a mass

transportation project.

(2) The resolution shall set forth in detail, or shall incorporate by reference a detailed

study in resp ect of, the mass transportation program proposed for submission to

such electorate or electorates, together with the proposed source or sources of

funding thereof, subject to the limitations of KRS 96A.310 to 96A.370. The mass

transportation project of an urban-county government may consist of specific road

construction and improvement projects. The funding source may be proposed for a

limited period of time as specified in the mass transportation program proposal at

the conclusion of which the funding sour ce shall terminate unless it has been

extended by referendum in accordance with the provision of this chapter.

(3) Upon receipt of any such resolution of the board of any such transit authority, the

governing body of each public body to which the resolutio n is directed shall cause

the resolution and the study for mass transportation program contained therein to be

carefully reviewed. The public body or public bodies may cause further studies to

be made with respect to such request of the transit authority, and may require the

transit authority to submit such further and additional date, statistics, and

information as may be required by such public body or public bodies in order to

enable them to make a proper decision regarding any proposed mass transportati on

program.

(4) If the governing body of any such public body shall determine that the public

welfare requires the establishment of the mass transportation program as proposed

by the transit authority, the governing body of such public body may by resoluti on

or ordinance determine that a proposal for the establishment of such mass

transportation program shall be submitted to the electorate of the public body. Such

resolution or ordinance of the public body shall describe the mass transportation

program to b e submitted to the electorate, together with the proposed source of

funding therefor, which shall be expressed as one of the following:

(a) An ad valorem tax levy expressed as a certain maximum number of cents per

each one hundred dollars ($100) of assesse d valuation, subject to

constitutional limits;

(b) An occupational license tax, subject to the limitations of KRS 96A.310 to

96A.370; or

(c) A sales tax upon all retailers at a rate not to exceed one -half of one percent

(0.5%) of the gross receipts of any retailer derived from "retail sales" or "sales

at retail" as defined in KRS Chapter 139.

(5) In the event the membership of any such transit authority consists of more than one

(1) public body, and in the event the resolution of the board of such transit a uthority

is directed to all such public bodies, all such public bodies may, by adoption of

appropriate resolutions or ordinances determine that the proposition for the

establishment of the mass transportation program, together with the identified

funding source therefor, shall be submitted to the electorate of the transit area of the

transit authority rather than to the separate electorates of such public bodies. In that

event, the election on the proposition regarding the mass transportation program

shall be held simultaneously within the transit area by all such public bodies and the

notice of the election shall be uniform.