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Tollesboro incorporation discussed
Thursday, March 15: Could Tollesboro become Kentucky's 420th city?
About two dozen people gathered at Sissy's Country Kitchen in Tollesboro
Thursday evening to hear an overview of the legal requirements for
municipal incorporation of Tollesboro.
J.D. Chaney, legal counsel with the Kentucky League of Cities, walked
everyone through the steps as established by the Kentucky General
Assembly. He noted that Kentucky cities are actually created by an order of
the appropriated circuit court after specified standards are met and certain
procedures are followed.
To get the process going, a petition needs to be filed with the circuit court
clerk. The petition must include the signatures and addresses of either 2/3
of the voters of the territory to be incorporated or a number of real
property owners who own property in the area with a value equal to at least
2/3 the assessed value of all real property in the area to be incorporated.
The petition must also include a statement of the boundaries of the area
and the number of residents; an accurate map of the area to be
incorporated; a detailed statement of the reasons for incorporation,
including the services sought from the proposed city; a description of the
existing facilities and services within that area; and a statement of the form
of government under which the proposed city will operate.
Within 20 days of the petition being filed, Lewis County Circuit Court Judge
Robert Conley would hold a public hearing to determine if the required
standards have been met. People opposed to the incorporation must be
given an opportunity to assert their position at that hearing.
Incorporation boundaries can be the existing Tollesboro boundaries or
beyond.
Chaney stressed articulating well what proposed services and resources
incorporation could provide to increase quality of life for city residents.
Audience members pointed out that right now Tollesboro has a reliable
volunteer fire department, police protection through the Lewis County
Sheriff's Department, and sewer and water service. Possible enhanced
services and benefits of incorporation included the ability to apply for a
multitude of state and federal grants (as Lewis County and the Cities of
Vanceburg and Concord has done), creating a local EMS/ambulance
district, further supporting the fire department capabilities and making
Tollesboro more attractive to business and industrial, particularly in the
industrial park, which would bring jobs to the area. Proposed services are
just that, Chaney said responding to a question; after incorporation and
further study, if particular services turn out to be too burdensome
financially at the start, they can be put off until a later time.
One of the downsides that Chaney noted was that any county roads within
the incorporated district would become city roads and, thus, city
responsibility, but the city would be eligible for state road aid funds. Lewis
County Judge Executive Steve Applegate pointed out that Routes 57 and
10 are state roads and would remain the responsibility of the Kentucky
Transportation Cabinet.
Chaney noted that city governments are required to impose a property tax,
in order to show intent of how the new city plans to pay for at least some
services proposed in the petition for incorporation, but those taxes could
be minimal. State law does not require compensation for elected official, so
they could choose to be unpaid, reducing the tax burden. Cities must have
a city clerk, which is not an elected office, who would be responsible for
keeping city records, open meeting and record requirements and the like.
The city clerk could also be the city treasurer, or a separate treasurer could
be appointed. Both positions could also be unpaid volunteer positions.
Sue Calvert, from Lend a Helping Hand Food Pantry, pointed out the
importance of bonding and insurance issues. Chaney agreed. He said the
only person(s) who need to be bonded would be whoever handles public
funds, and that liability insurance was a wise investment. Both would have
costs involved, both of which would be covered by property taxes.
Chaney also said the initial property tax assessment would not require a
public hearing, but future ones would. He also explained that, whichever
form of government chosen in the petition, officials would be appointed at
such time the Circuit Court Judge enters the judgment establishing the
city. Those officials would serve until the next regularly scheduled
elections, with the mayor serving a four year term and commissioners or
council members serving two year terms.
The atmosphere during the 2-1/2 hour meeting seemed upbeat and positive.
Applegate encouraged the group to consider the information and
discussion, and get together for another meeting to determine how to
proceed. Anyone interested in future meetings or discussion, contact
Applegate at 606-796-2722.
Thursday, March 15: Could Tollesboro become Kentucky's 420th city?
About two dozen people gathered at Sissy's Country Kitchen in Tollesboro
Thursday evening to hear an overview of the legal requirements for
municipal incorporation of Tollesboro.
J.D. Chaney, legal counsel with the Kentucky League of Cities, walked
everyone through the steps as established by the Kentucky General
Assembly. He noted that Kentucky cities are actually created by an order of
the appropriated circuit court after specified standards are met and certain
procedures are followed.
To get the process going, a petition needs to be filed with the circuit court
clerk. The petition must include the signatures and addresses of either 2/3
of the voters of the territory to be incorporated or a number of real
property owners who own property in the area with a value equal to at least
2/3 the assessed value of all real property in the area to be incorporated.
The petition must also include a statement of the boundaries of the area
and the number of residents; an accurate map of the area to be
incorporated; a detailed statement of the reasons for incorporation,
including the services sought from the proposed city; a description of the
existing facilities and services within that area; and a statement of the form
of government under which the proposed city will operate.
Within 20 days of the petition being filed, Lewis County Circuit Court Judge
Robert Conley would hold a public hearing to determine if the required
standards have been met. People opposed to the incorporation must be
given an opportunity to assert their position at that hearing.
Incorporation boundaries can be the existing Tollesboro boundaries or
beyond.
Chaney stressed articulating well what proposed services and resources
incorporation could provide to increase quality of life for city residents.
Audience members pointed out that right now Tollesboro has a reliable
volunteer fire department, police protection through the Lewis County
Sheriff's Department, and sewer and water service. Possible enhanced
services and benefits of incorporation included the ability to apply for a
multitude of state and federal grants (as Lewis County and the Cities of
Vanceburg and Concord has done), creating a local EMS/ambulance
district, further supporting the fire department capabilities and making
Tollesboro more attractive to business and industrial, particularly in the
industrial park, which would bring jobs to the area. Proposed services are
just that, Chaney said responding to a question; after incorporation and
further study, if particular services turn out to be too burdensome
financially at the start, they can be put off until a later time.
One of the downsides that Chaney noted was that any county roads within
the incorporated district would become city roads and, thus, city
responsibility, but the city would be eligible for state road aid funds. Lewis
County Judge Executive Steve Applegate pointed out that Routes 57 and
10 are state roads and would remain the responsibility of the Kentucky
Transportation Cabinet.
Chaney noted that city governments are required to impose a property tax,
in order to show intent of how the new city plans to pay for at least some
services proposed in the petition for incorporation, but those taxes could
be minimal. State law does not require compensation for elected official, so
they could choose to be unpaid, reducing the tax burden. Cities must have
a city clerk, which is not an elected office, who would be responsible for
keeping city records, open meeting and record requirements and the like.
The city clerk could also be the city treasurer, or a separate treasurer could
be appointed. Both positions could also be unpaid volunteer positions.
Sue Calvert, from Lend a Helping Hand Food Pantry, pointed out the
importance of bonding and insurance issues. Chaney agreed. He said the
only person(s) who need to be bonded would be whoever handles public
funds, and that liability insurance was a wise investment. Both would have
costs involved, both of which would be covered by property taxes.
Chaney also said the initial property tax assessment would not require a
public hearing, but future ones would. He also explained that, whichever
form of government chosen in the petition, officials would be appointed at
such time the Circuit Court Judge enters the judgment establishing the
city. Those officials would serve until the next regularly scheduled
elections, with the mayor serving a four year term and commissioners or
council members serving two year terms.
The atmosphere during the 2-1/2 hour meeting seemed upbeat and positive.
Applegate encouraged the group to consider the information and
discussion, and get together for another meeting to determine how to
proceed. Anyone interested in future meetings or discussion, contact
Applegate at 606-796-2722.