If no suit is filed against the secretary under KRS § 104.540, or if suit is filed and final judgment in the Circuit Court or on appeal is in favor of the secretary, the secretary shall forthwith declare the district organized into a flood control district and give it a corporate name as provided in KRS § 104.490, by which in all proceedings it shall thereafter be known. The secretary shall certify his act to the county clerk of each county in which any part of the district is located, and to the Secretary of State, each of whom shall record the certificate as articles of incorporation. The secretary shall also certify his act to the county judge/executive of each county in which any part of the district is located. The district shall then be a political subdivision and shall have perpetual existence, with power to sue and be sued, contract and be contracted with, incur liabilities and obligations, exercise the right of eminent domain, assess, tax, issue bonds, and do and perform all acts expressly authorized in KRS § 104.450 to KRS § 104.680 and all acts necessary and proper for the carrying out of the purpose for which the district was created, and for executing the powers with which it is invested.
Effective: June 17, 1978

Terms Used In Kentucky Statutes 104.550

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010

History: Amended 1978 Ky. Acts ch. 384, sec. 232, effective June 17, 1978. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 6, effective January 2, 1978. — Amended 1974 Ky. Acts ch. 74, Art. III, sec. 1. — Created 1950 Ky. Acts ch. 42, sec.
11.