Kentucky Statutes 132.027 – City and urban-county government tax rate limitation — Levy exceeding compensating tax rate subject to recall vote or reconsideration
Current as of: 2024 | Check for updates
|
Other versions
(1) No city or urban-county government shall levy a tax rate which exceeds the compensating tax rate defined in KRS § 132.010 until the city or urban-county government has complied with the provisions of subsection (2) of this section.
(2) (a) Cities or urban-county governments proposing to levy a tax rate which exceeds the compensating tax rate defined in KRS § 132.010 shall hold a public hearing to hear comments from the public regarding the proposed tax rate. The hearing shall be held in the principal office of the taxing district, or, in the event the taxing district has no office, or the office is not suitable for a hearing, the hearing shall be held in a suitable facility as near as possible to the geographic center of the district.
(b) The city or urban-county government shall advertise the hearing by causing to be published at least twice in two (2) consecutive weeks, in the newspaper of largest circulation in the county, a display type advertisement of not less than twelve (12) column inches, the following:
1. The tax rate levied in the preceding year, and the revenue produced by that rate;
2. The tax rate proposed for the current year and the revenue expected to be produced by that rate;
3. The compensating tax rate and the revenue expected from it;
4. The revenue expected from new property and personal property;
5. The general areas to which revenue in excess of the revenue produced in the preceding year is to be allocated;
6. A time and place for the public hearing which shall be held not less than seven (7) days nor more than ten (10) days after the day the second advertisement is published;
7. The purpose of the hearing; and
8. A statement to the effect that the General Assembly has required publication of the advertisement and the information contained therein.
(c) In lieu of the two (2) published notices, a single notice containing the required information may be sent by first-class mail to each person owning real property in the taxing district, addressed to the property owner at his residence or principal place of business as shown on the current year property tax roll.
(d) The hearing shall be open to the public. All persons desiring to be heard shall be given an opportunity to present oral testimony. The taxing district may set reasonable time limits for testimony.
(3) (a) That portion of a tax rate levied by an action of a city or urban-county government which will produce revenue from real property, exclusive of revenue from new property, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS § 132.010 shall be subject to a recall vote or reconsideration by the taxing district, as provided
for in KRS § 132.017, and shall be advertised as provided for in paragraph (b)
of this subsection.
(b) The city or urban-county government shall, within seven (7) days following adoption of an ordinance to levy a tax rate which will produce revenue from real property, exclusive of revenue from new property as defined in KRS
132.010, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS § 132.010, cause to be published, in the newspaper of largest circulation in the county, a display type advertisement of not less than twelve (12) column inches the following:
1. The fact that the city or urban-county government has adopted a rate;
2. The fact that the part of the rate which will produce revenue from real property, exclusive of new property as defined in KRS § 132.010, in excess of four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS § 132.010 is subject to recall, and
3. The name, address, and telephone number of the county clerk of the county or urban-county in which the taxing district is located, with a notation to the effect that that official can provide the necessary information about the petition required to initiate recall of the tax rate.
Effective: July 15, 1990
History: Amended 1990 Ky. Acts ch. 343, sec. 7, effective July 13, 1990; and ch. 476, Pt. V, sec. 314, effective July 13, 1990. — Amended 1980 Ky. Acts ch. 319, sec. 9, effective July 15, 1980. — Amended 1979 (1st Extra. Sess.) Ky. Acts ch. 25, sec. 5, effective February 13, 1979. — Amended 1974 Ky. Acts ch. 316, sec. 5. — Amended
1972 Ky. Acts ch. 285, sec. 3. — Created 1965 (1st Extra. Sess.) Ky. Acts ch. 2, sec.
14.
Legislative Research Commission Note. (7/13/90) The Act amending this section prevails over its repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476.
(2) (a) Cities or urban-county governments proposing to levy a tax rate which exceeds the compensating tax rate defined in KRS § 132.010 shall hold a public hearing to hear comments from the public regarding the proposed tax rate. The hearing shall be held in the principal office of the taxing district, or, in the event the taxing district has no office, or the office is not suitable for a hearing, the hearing shall be held in a suitable facility as near as possible to the geographic center of the district.
Terms Used In Kentucky Statutes 132.027
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- City: includes town. See Kentucky Statutes 446.010
- Compensating tax rate: means that rate which, rounded to the next higher one- tenth of one cent ($0. See Kentucky Statutes 132.010
- County: means any county, consolidated local government, urban-county government, unified local government, or charter county government. See Kentucky Statutes 132.010
- New property: means the net difference in taxable value between real property additions and deletions to the property tax roll for the current year. See Kentucky Statutes 132.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: includes all lands within this state and improvements thereon. See Kentucky Statutes 132.010
- Taxing district: means any entity with the authority to levy a local ad valorem tax, including special purpose governmental entities. See Kentucky Statutes 132.010
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Year: means calendar year. See Kentucky Statutes 446.010
(b) The city or urban-county government shall advertise the hearing by causing to be published at least twice in two (2) consecutive weeks, in the newspaper of largest circulation in the county, a display type advertisement of not less than twelve (12) column inches, the following:
1. The tax rate levied in the preceding year, and the revenue produced by that rate;
2. The tax rate proposed for the current year and the revenue expected to be produced by that rate;
3. The compensating tax rate and the revenue expected from it;
4. The revenue expected from new property and personal property;
5. The general areas to which revenue in excess of the revenue produced in the preceding year is to be allocated;
6. A time and place for the public hearing which shall be held not less than seven (7) days nor more than ten (10) days after the day the second advertisement is published;
7. The purpose of the hearing; and
8. A statement to the effect that the General Assembly has required publication of the advertisement and the information contained therein.
(c) In lieu of the two (2) published notices, a single notice containing the required information may be sent by first-class mail to each person owning real property in the taxing district, addressed to the property owner at his residence or principal place of business as shown on the current year property tax roll.
(d) The hearing shall be open to the public. All persons desiring to be heard shall be given an opportunity to present oral testimony. The taxing district may set reasonable time limits for testimony.
(3) (a) That portion of a tax rate levied by an action of a city or urban-county government which will produce revenue from real property, exclusive of revenue from new property, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS § 132.010 shall be subject to a recall vote or reconsideration by the taxing district, as provided
for in KRS § 132.017, and shall be advertised as provided for in paragraph (b)
of this subsection.
(b) The city or urban-county government shall, within seven (7) days following adoption of an ordinance to levy a tax rate which will produce revenue from real property, exclusive of revenue from new property as defined in KRS
132.010, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS § 132.010, cause to be published, in the newspaper of largest circulation in the county, a display type advertisement of not less than twelve (12) column inches the following:
1. The fact that the city or urban-county government has adopted a rate;
2. The fact that the part of the rate which will produce revenue from real property, exclusive of new property as defined in KRS § 132.010, in excess of four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS § 132.010 is subject to recall, and
3. The name, address, and telephone number of the county clerk of the county or urban-county in which the taxing district is located, with a notation to the effect that that official can provide the necessary information about the petition required to initiate recall of the tax rate.
Effective: July 15, 1990
History: Amended 1990 Ky. Acts ch. 343, sec. 7, effective July 13, 1990; and ch. 476, Pt. V, sec. 314, effective July 13, 1990. — Amended 1980 Ky. Acts ch. 319, sec. 9, effective July 15, 1980. — Amended 1979 (1st Extra. Sess.) Ky. Acts ch. 25, sec. 5, effective February 13, 1979. — Amended 1974 Ky. Acts ch. 316, sec. 5. — Amended
1972 Ky. Acts ch. 285, sec. 3. — Created 1965 (1st Extra. Sess.) Ky. Acts ch. 2, sec.
14.
Legislative Research Commission Note. (7/13/90) The Act amending this section prevails over its repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476.