Request By:
Mr. Richard Braden
716 Pond Run Road
Raceland, Kentucky 41169
Opinion
Opinion By: David L. Armstrong, Attorney General; Walter C. Herdman, Asst, Deputy Attorney General
This is in response to your letter of a recent date in which you raise the following question:
"My question is whether the legislative body of a city has the power to establish an ambulance district, as described on page 116 of bulletin #145, without it being approved by the voters involved."
Although we are not familiar with the contents of the bulletin mentioned, our response to your question would be in the affirmative. As a matter of fact the question of establishing an ambulance service cannot be placed on the ballot by virtue of a 1984 amendment to KRS 108.100 dealing with the creation of ambulance service districts either by the city or by the fiscal court. Under subsection (1) of this statute, it is provided that when a city creates an ambulance service district it shall exercise all the rights, powers and duties of the fiscal court as set forth in KRS 65.182 in determining whether to create such a district.
KRS 65.182 which was also enacted in 1984 provides for the procedure for creating tax districts generally which includes, of course, ambulance service districts under KRS 108.100. The procedure requires the filing of a petition containing 25 percent of the registered voters having voted in the last four general elections. Following the filing of the petition a public hearing is required to be held by the council following which it must decide whether to approve or disapprove the formation of the district. If approved an ordinance must then be adopted establishing the district and a certified copy of the ordinance filed with the county clerk.
Thus, under the current law the establishment of an ambulance service district embracing the city is entirely in the hands of the city council for determination. There is no statutory authority for submitting the question to the voters which would be necessary in order for such to be done under the terms of KRS 83A.120.