Nothing in this Charter shall be construed to alter or affect the election or term of members of the County Fiscal Court.
A. Composition—The County Fiscal Court shall be composed of the Judge of the County Court and three (3) Commissioners to be elected from the Urban County at-large in accordance with the Constitution and laws of Kentucky pertaining to the election of said officers.
B. Compensation of Fiscal Court Commissioners—Fiscal Court Commissioners shall receive no compensation for their services.
C. Powers—The Fiscal Court shall retain:
(1) Its powers to levy the ad valorem tax and such other taxes as may be provided by law for public schools as specified by the Fayette County School District; and
(2) Its powers under KRS 179.420 to advise the Kentucky Department of Highways concerning the construction and maintenance of roads to be funded under the State Rural Secondary Highway Fund and the State Rural Highway Fund; and
(3) Its power to appoint one (1) person to serve along with the County Judge and the County Attorney on the County Budget Commission.
The Fiscal Court is hereby deprived of the power to levy taxes other than those specifically mentioned in this section, to approve or disapprove local acts or otherwise administer the governmental affairs of the Merged Government. Said powers are hereby transferred to the Urban County Government.
Annotation—Subsection B requiring members of the fiscal court to serve without compensation is invalid. Holsclaw v. Stephens, supra, at 481, note 2. The salary of the members is set by Code of Ordinances Section 22-5. Subsection C(1) has been effectively amended by the provision of KRS 160.460 providing for the levy of all school taxes by the board of education of each school district. Subsection C(2) was addressed in OAG 77-754, wherein it was held that inasmuch as KRS 179.420 actually applied to the county road program rather than the secondary and rural road program, that Charter Section 11.02(C)(2) should be read to apply to the county road program. Subsequently, KRS 179.420 was repealed and KRS 179.415 was enacted by the 1980 General Assembly. The fiscal court and council annually enter into an agreement deciding how the county road aid program monies are to be used on county roads and bridges in Fayette County. See note at Section 7.05 with respect to the county budget commission.