{"data":{"id":"us-ky/krs-75.022","jurisdiction":"us-ky","citation":"KRS 75.022","heading":"Definitions -- Respective rights of city and fire district to provide certain","body":"fire protection services within city boundaries -- Fire protection services for\nnewly annexed city territory -- Financing of fire protection services -- Written\nagreements between fire district and city -- Provision of fire service to territory\nannexed by city that does not maintain a regular fire department.\n(1) (a) As used in subsections (2) to (4) of this section, \"city\" means any city\ngovernment that maintains a regula r fire department as defined in KRS\n95.010(3)(b).\n(b) As used in subsections (2) to (5) of this section, \"fire district\" means a fire\nprotection district or a volunteer fire department district created in accordance\nwith the procedures of KRS 65.182, count y volunteer fire department\nestablished under the authority of KRS 67.083, and volunteer fire departments\ncreated as nonprofit corporations under KRS Chapter 273.\n(2) Except as provided in subsection (4) of this section, a fire district shall not contain\nor later include within its boundaries any territory that is located within the\ncorporate limits of a city. Subject to the limitations of subsections (3) and (4) of this\nsection, a city shall have the primary right to provide fire service to all territories\nlocated within its corporate limits.\n(3) (a) In order for a city to assume the provision of fire service to annexed or newly\nincorporated territory that is being served by a fire district, the city shall pay\nthe fire district for the proportionate share o f the fire district's indebtedness\nthat was incurred while the annexed or newly incorporated territory was\nincluded within the fire district.\n(b) Unless otherwise agreed to in writing by the city and the fire district, the\nproportionate share of the fire d istrict's debt attributable to annexed or newly\nincorporated territory shall be calculated based upon the ratio of the total\nvalue of taxable real property included within the annexed or newly\nincorporated territory to the total value of all taxable real p roperty located\nwithin the entire fire district as it existed prior to the annexation or\nincorporation by the city. The resulting quotient shall be multiplied by the fire\ndistrict's total indebtedness to determine the amount of liability that the city is\nresponsible for paying to the fire district.\n(c) Unless otherwise agreed to in writing by the city and the fire district, the city\nshall pay the entire amount of the proportionate share of the indebtedness to\nthe fire district prior to assuming service in the annexed or newly incorporated\nterritory or shall pay the total amount in equal yearly installments over no\nmore than three (3) consecutive years. The first installment shall be due to the\nfire district prior to the city assuming the provision of fire services.\n(d) If a city meets the requirements of this subsection, the annexed or newly\nincorporated territory shall be stricken from the boundaries of the fire district,\nand the fire district shall no longer be authorized to collect any taxes from\nproperty owners within the stricken territory.\n(4) A city shall cede its primary right to provide fire services to annexed or newly\nincorporated territory located within a fire district if:\n(a) The city does not comply with the requirements of subsection (3) of thi s\nsection to pay the fire district for the proportionate share of the indebtedness\nattributable to the annexed or newly incorporated territory;\n(b) The fire district has no indebtedness at the time of the annexation or\nincorporation, and the fire district and city agree in writing that it is in the best\ninterests of the citizens and property owners within the annexed or\nincorporated territory to continue to have fire service provided by the fire\ndistrict. The agreement entered into by the fire district and the city may\ncontain any agreed-upon term, conditions, and limitations; or\n(c) Any circumstance exists where the fire district and city agree in writing that it\nis more appropriate and beneficial to the citizens and property owners within\nthe territory for  the fire district to continue the provision of fire services\nwithin the annexed or newly incorporated territory. The agreement entered\ninto by the fire district and the city may contain any agreed -upon term,\nconditions, and limitations.\n(5) (a) As used in this subsection, \"regular fire department\" has the same meaning as\nin KRS 95.010(3)(b).\n(b) A city that does not maintain a regular fire department, but maintains its own\nvolunteer fire department:\n1. Shall have the right to assume the provision of fire service to territory\nannexed by the city that, at the time of the annexation, is being served by\na fire district that does not maintain a regular fire department. A city that\nelects to assume the provisi on of fire service pursuant to this subsection\nshall follow the procedures established in subsections (3) and (4) of this\nsection; and\n2. Shall not have the primary right to provide fire services to any territory\nthat is being served by a fire district tha t maintains a regular fire\ndepartment, unless the fire district strikes the territory from the district\nboundaries as authorized in KRS 75.020.","path":["KRS Chapter 75"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45341","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:35Z","sha256":"fedca05a37674d0930cbad0f3052944a98572b2e8179c2fbeb3d8d90ef9e7c7e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-75.020","next":"us-ky/krs-75.025"},"notice":"GroundRules: Original legal text. Not legal advice."}