Simply put, the required consensus must have occurred at the November 3, , meeting. Since consensus or collective decision is one wherein all parties agree and, since no vote was taken that evening, we concur with the trial court that it is not possible to determine if a consensus or collective decision was made. Furthermore, we are not persuaded by the Board's discussion of Blau v.
Fort Thomas Pub. Next, we direct our attention to the Board's second argument that its ratification of the action taken at the earlier closed meeting of the Board related back to November 3, , and, therefore, the initiation of the litigation was properly authorized. To reiterate, KRS Completely on point, the Kentucky Supreme Court in Carter v.
A public agency cannot ratify actions improperly taken in closed session. When conversations and actions regarding the public's business should not have occurred in private in the first place, an agency cannot render those actions valid by simply taking a vote in open session without any discussion of the matter. Clearly, the rationale behind this reasoning is that any ability to ratify actions done improperly renders the Open Meetings Act meaningless.
Ratification cannot be allowed to legitimize unauthorized conduct at an improperly closed session. Hence, because no vote was taken during an open session and because consensus was not established, the action of the board cannot be ratified. As aptly explained by the trial court, the Board could not ratify an action that never took place. The third and final argument made by the Board is that on January 9, , the Board adopted the order nunc pro tunc to November 3, , which the Board claims authorizes the Board's attorney to file the action as of November 3, As earlier appellate courts have stated, an administrative agency unquestionably has the authority, similar to a court, to reconsider and change its orders while it retains control over the matter.
Public Service Com'n, S. Accordingly, the Board proffers that, by adopting the order nunc pro tunc to November 3, , it corrected its failure to motion or vote on a final action. Yet, nunc pro tunc orders are not permitted for the purpose of correcting the failure to follow mandated actions like the ones required by the Open Meetings Act. King, Ky. Under Kentucky law, the power to act nunc pro tunc is inherent in the courts.
Munsey v. Munsey, S. The extension of this limited power has been given to administrative agencies. See Union Light, S. It may be used to make the record speak the truth, but not to make it speak what it did not speak but ought to have spoken. It cannot correct an error or supply the record with action that the court failed to make. Commonwealth, S. Hence, in the instant case, the nunc pro tunc order cannot substitute for the Board's failure to properly motion and vote on its decision to commence litigation. To conclude our analysis, we direct our intention to the discussion of the difference between an action that is void ab initio and one that is voidable.
Under KRS There was no error on the part of the trial court. The Board cites Daniels v. Land, Ky.
Plainly, since we have already determined that the Board could not ratify its failure to conduct a vote or establish that a consensus occurred during the closed session, it could not later ratify the action. The discussion of void ab initio versus voidable is not relevant to this situation. The tax will be collected only once on each transaction and in the county in which the property is conveyed, or the county where the greater portion of the property is located.
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The Kentucky intangible tax was repealed under House Bill Some types of intangible property included: bonds, notes, retail repurchase agreements , accounts receivable, trusts, enforceable contracts sale of real estate land contracts , money in hand, money in safe deposit boxes , annuities, interests in estates, loans to stockholders, and commercial paper. In December , the Kentucky governor Paul Patton unveiled the state slogan "It's that friendly",  in hope of drawing more people into the state based on the idea of southern hospitality.
This campaign was neither a failure nor a success. So government decided to create a different slogan to embrace Kentucky as a whole while also encouraging more people to visit the Bluegrass. Since that time, the "Welcome to Kentucky" signs at border areas have an "Unbridled Spirit" symbol on them.
The parkways were originally toll roads , but on November 22, , Governor Ernie Fletcher ended the toll charges on the William H. Natcher Parkway and the Audubon Parkway , the last two parkways in Kentucky to charge tolls for access. Ending the tolls some seven months ahead of schedule was generally agreed to have been a positive economic development for transportation in Kentucky. Amtrak , the national passenger rail system, provides service to Ashland , South Portsmouth , Maysville and Fulton. The City of New Orleans trains 58 and 59 serve Fulton.
The terminal is just across the Ohio River in Cincinnati. The line originates in Cincinnati and terminates miles south in Chattanooga, Tennessee. Other areas in Kentucky are reclaiming old railways in rail trail projects. One such project is Louisville's Big Four Bridge. When the bridge's Indiana approach ramps opened in , completing the pedestrian connection across the Ohio River, the Big Four Bridge rail trail became the second-longest pedestrian-only bridge in the world.
The airport is one of DHL Aviation 's three super-hubs, serving destinations throughout the Americas, Europe, Africa, and Asia, making it the 7th busiest airport in the U. There are also a number of regional airports scattered across the state. As the state is bounded by two of the largest rivers in North America, water transportation has historically played a major role in Kentucky's economy.
Louisville was a major port for steamships in the nineteenth century. Today, most barge traffic on Kentucky waterways consists of coal that is shipped from both the Eastern and Western Coalfields, about half of which is used locally to power many power plants located directly off the Ohio River , with the rest being exported to other countries, most notably Japan. Many of the largest ports in the United States are located in or adjacent to Kentucky, including:.
As a state, Kentucky ranks 10th overall in port tonnage. The only natural obstacle along the entire length of the Ohio River is the Falls of the Ohio , located just west of Downtown Louisville.
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Kentucky is subdivided into counties , the largest being Pike County at Despite the unusual name, the Fiscal Court no longer has judicial functions. Kentucky's two most populous counties, Jefferson and Fayette, have their governments consolidated with the governments of their largest cities. Although the counties still exist as subdivisions of the state, in reference the names Louisville and Lexington are used to refer to the entire area coextensive with the former cities and counties. Somewhat incongruously, when entering Lexington-Fayette the highway signs read "Fayette County" while most signs leading into Louisville-Jefferson simply read "Welcome to Louisville Metro".
The Metro Louisville government area has a population of 1,, The latter figure is the population of the so-called "balance" —the parts of Jefferson County that were either unincorporated or within the City of Louisville before the formation of the merged government in Since , over one-third of the state's population growth has occurred in the Louisville CSA.
In addition, the top 28 wealthiest places in Kentucky are in Jefferson County and seven of the 15 wealthiest counties in the state are located in the Louisville CSA. This area is often referred to as the Golden triangle as it contains a majority of the states wealth, population, population growth, and economic growth, it is also where most of the states largest cities by population are located. Interstates I, I, and I form the triangle shape. As of [update] Bowling Green had a population of 67,, making it the third most-populous city in the state.
The Bowling Green metropolitan area had an estimated population of ,; and the combined statistical area it shares with Glasgow has an estimated population of , Although only one town in the "Tri Cities", namely Somerset, currently has more than 12, people, the area has been experiencing heightened population and job growth since the s.
Growth has been especially rapid in Laurel County, which outgrew areas such as Scott and Jessamine counties around Lexington or Shelby and Nelson Counties around Louisville. London significantly grew in population in the s, from 5, in to 7, in London also landed a Wal-Mart distribution center in , bringing thousands of jobs to the community. In northeast Kentucky, the greater Ashland area is an important transportation, manufacturing, and medical center. Iron and petroleum production, as well as the transport of coal by rail and barge , have been historical pillars of the region's economy.
Due to a decline in the area's industrial base, Ashland has seen a sizable reduction in its population since ; however, the population of the area has since stabilized with the medical service industry taking a greater role in the local economy.presaricun.tk
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As of the census, the MSA had a population of , More than 21, of those people as of [update] reside within the city limits of Ashland. The county and surrounding area is the most populated region in the state that is not part of a Micropolitan Statistical Area or a Metropolitan Statistical Area containing nearly , people in five counties: Floyd County , Martin County , Letcher County , and neighboring Mingo County, West Virginia. Pike County contains slightly over 68, people. Only three U. Kentucky maintains eight public four-year universities.
There are two general tiers: major research institutions the University of Kentucky and the University of Louisville and regional universities, which encompasses the remaining 6 schools. The regional schools have specific target counties that many of their programs are targeted towards such as Forestry at Eastern Kentucky University or Cave Management at Western Kentucky University , however most of their curriculum varies little from any other public university.
UK and UofL have the highest academic rankings and admissions standards although the regional schools aren't without their national recognized departments — examples being Western Kentucky University's nationally ranked Journalism Department or Morehead State University offering one of the nation's only Space Science degrees. UK is the flagship and land grant of the system and has agriculture extension services in every county.
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The two research schools split duties related to the medical field, UK handles all medical outreach programs in the eastern half of the state while UofL does all medical outreach in the state's western half. The state's sixteen public two-year colleges have been governed by the Kentucky Community and Technical College System since the passage of the Postsecondary Education Improvement Act of , commonly referred to as House Bill 1. Transylvania University , located in Lexington, is the oldest university west of the Allegheny Mountains , founded in Transylvania is a liberal arts university, consistently ranked in the top tier in the country.
Berea College , located at the extreme southern edge of the Bluegrass below the Cumberland Plateau, was the first coeducational college in the South to admit both black and white students, doing so from its very establishment in Kentucky in Board of Education in There are school districts and 1, public schools in Kentucky.