Title IX, Counties, Cities, and Other Local Units

Subject to the provisions of KRS 74.012 a fiscal court may create a water district in accordance with the procedures of KRS 65.810.

Hearing -- Conditions. (1) Prior to the establishment of any water district as provided by KRS 74.010, and prior to the incorporation or formation of any nonprofit corporation, association or cooperative corporation having as its purpose the furnishing of a public water supply (h…

Vacancies -- Organization -- Bond -- Compensation -- Mandatory training -- Notice of vacancy. (1) A water district shall be administered by a board of commissioners which shall control and manage the affairs of the district. The term of each commissioner is four (4) years, except…

(1) From and after the creation and establishment of a water district and the appointment of water commissioners to manage the affairs of the district, and following the acquisition or construction by any duly created and established water district of a public water system, and t…

The commission may employ legal counsel whose compensation shall be paid from water district funds.

The commission may employ a person to serve as the chief executive officer of the water district. This person shall not be one (1) of the water district's commissioners. The person may be designated the general manager, superintendent, or chief executive officer of the district o…

The treasurer of the commission shall be the lawful custodian of the funds of the water district and shall cause the funds to be disbursed according to procedures adopted by the commission. The procedures shall include a requirement for approval of disbursements by a commissioner…

exercised by or under authority of commission. (1) The commission shall be a body corporate for all purposes, and may make contracts for the water district with municipalities and other persons. (2) All corporate powers of the water district shall be exercised by, or under the au…

The board of commissioners of any legally existing water district created under the authority of KRS Chapter 74 may have the power to create a fire protection district where no fire protection district exists by following the procedures of KRS 65.810 and 75.010.

The newly created fire protection district shall be coextensive with the original water district and the board of commissioners shall be the same for the fire protection district as for the original water district. A fire protection district created under KRS 74.075 to 74.077 sha…

Nothing in KRS 74.075 to 74.077 shall be construed to deny the right to the citizens of a water district to organize a fire protection district as provided under KRS Chapter 75 except that if action has already been taken under KRS 74.075 to 74.077 and remains pending, action for…

The commission may establish water rates and make reasonable regulations for the disposition and consumption of water.

If it becomes necessary to acquire a right of way or land, and it cannot be acquired by purchase, the commission may condemn the needed property in the manner provided in the Eminent Domain Act of Kentucky. The owners of land sought to be condemned shall be made parties to the pr…

paid for. (1) Whenever a water supply line or system is in operation in any water district, and is supplying water to the citizens and landowners, and the commission deems it expedient to acquire the existing system, they may examine it, and if they find it properly designed and …

The territorial limits of an established water district may be enlarged or diminished in the following way: (1) The commission shall file a petition with the county judge/executive, describing the territory to be annexed or stricken off, and setting out the reasons therefor. (2) …

(1) Upon written request of two (2) or more freeholders in a county or counties adjacent to a county containing a water district, the board of commissioners of the district may petition the county judge/executive of the adjoining county or counties for addition of proposed territ…

city. (1) All or any part of an incorporated city may be included in the boundaries of any existing water district or water district being newly organized, provided the governing body of such city by resolution or ordinance gives, or has given, its consent. Said consent may be li…

(1) The commission shall examine the real estate in the district that may be affected by the proposed water system, and classify it into five (5) classes according to the benefit it will receive from the construction and operation of the water system. The real estate receiving th…

When the final report is completed and filed, it shall be examined by the county judge/executive, and if it is found to be sufficient it shall be accepted. If it is not sufficient, it may be referred back to the commission with instructions to secure further information, to be re…

(1) After the classification of the land and the ratio of assessment of the different classes to be made has been confirmed by the county judge/executive, the commission shall prepare an assessment roll in duplicate, signed by the chairman and secretary of the commission, giving …

After the assessment roll has been confirmed or modified by the county judge/executive, if the commission is unable to furnish water to the owner of any land in the district, or if the land in any part of the district is so sparsely populated that in the opinion of the commission…

or loan. Any landowner whose land is assessed for any improvement under the provisions of this chapter may pay his assessment in full at any time within thirty (30) days after notice of assessment has been given. Every person who fails to pay the full amount of his assessment to …

(1) When the water district desires to construct a water main which shall be primarily a transmission line and secondarily a line to serve customers along the water main, the commission may recommend to the court that the assessments be on a deferred basis. If the court determine…

assessment -- Payment of service connection costs. (1) When a water district extends its water lines within its district or extends its water lines under KRS 74.110 beyond the district's territorial limits, and the extension would benefit land within an agricultural district crea…

(1) If all assessments are not paid in full by thirty (30) days after notice of assessment, the commission may issue bonds for the amount of the unpaid assessments, or may finance improvements on a temporary basis from district revenues or a loan to be repaid when assessments are…

with collecting officers -- Fees. (1) Upon the first Monday after an installment is due, the commission shall meet and ascertain the parties whose installments are in default and shall within sixty (60) days issue warrants directing the sheriff or other collecting officer to coll…

When the county judge/executive has confirmed an assessment for the construction of a water system and the assessment has been modified by a court, or for some unforeseen cause it cannot be collected, the commission may modify the assessment as originally confirmed to conform to …

The assessment roll and each installment shall be a first lien on the land assessed, subject only to the lien for state and county taxes.

The assessment roll as made up by the commission shall be prima facie evidence in all courts that all steps necessary to be taken have been properly taken, and that all proceedings are regular and valid. The commission may enforce liens under this chapter by an action against the…

The collection of an assessment shall not be defeated, where the parties are properly before the court, on account of any irregularity in the proceedings that does not affect the substantial right of the party complaining. The remedies provided for in this chapter are exclusive o…

report to consumers -- Books to be open for inspection. (1) The commission shall keep an account of the time spent by all employees, and each item of expense incurred in connection with any water district, and shall charge such account to the district for which the expense was in…

(1) Any water district may construct or acquire, and operate, within or without the district, additions, extensions, and all necessary appurtenances to the water system, the cost of which may not be assessed as a local benefit, for the purpose of supplying the water district with…

(1) For the purpose of defraying the cost of constructing or acquiring any additions, extensions, and necessary appurtenances under KRS 74.280, the water district may borrow money and issue negotiable bonds. Before any bonds are issued an ordinance shall be enacted by the commiss…

(1) All money derived from any bonds issued under KRS 74.280 to 74.310 shall be applied solely for the construction or acquisition of the additions, extensions and appurtenances, or to advance the payment of interest on bonds during the first three (3) years following the date of…

If there is any default in the payment of the principal or interest of any bonds issued under KRS 74.280 to 74.300, any court having jurisdiction of the action may appoint a receiver to administer the waterworks on behalf of the water district. The receiver shall charge and colle…

Water districts organized and operating under this chapter, or under Chapter 139 of the Acts of 1926, may issue refunding bonds for the purpose of refunding any bonded debt.

Refunding bonds shall be issued under the signature of the chairman of the commission, the countersignature of the treasurer of the commission, and the seal of the district. The bonds shall be serially numbered. The commission shall prescribe the form and denominations of the bon…

negotiable and nontaxable. Upon the issuance of refunding bonds, the water district shall annually, from delinquent assessment collection and other revenues, carry to the sinking fund of the water district an amount sufficient to pay the annual interest on the bonds and create a …

Any county may, by resolution of the fiscal court, pay any part of the costs of establishing or purchasing a water line or water system.

The notices required by KRS 74.110, 74.150, 74.160, 74.170, 74.180 and 74.200 shall be given by publication pursuant to KRS Chapter 424.

(1) The General Assembly of the Commonwealth of Kentucky determines as a legislative finding of fact that reduction of the number of operating water districts in the Commonwealth will be in the public interest, in that mergers of such districts will tend to eliminate wasteful dup…

assets -- Payment of obligations. (1) Boards of commissioners of any two (2) or more water districts may by concurrent action and by approval of a majority of the membership of the board of each merge their districts into one (1). (2) The members of the boards of commissioners of…

(1) At any time after the organization of a water district, and after approval by the Public Service Commission in a proceeding similar to that provided by KRS 74.012, more than fifty percent (50%) of the freeholders within the district may file a petition with the county judge/e…

bonds or by a combination of bonds and assessments. (1) Any water district, created in the manner provided in KRS 74.010 to 74.070, both inclusive, may if the commissioners of such water district deem it feasible, build, or acquire or enlarge a water system without resort to, or …

If any district has previously issued bonds secured entirely or partially by the right to levy an assessment as provided by KRS 74.130 to 74.230, both inclusive, and such bonds are redeemed prior to maturity, bonds to refund same may be issued secured solely by the revenue of sai…

KRS 74.370 and 74.380 shall not repeal nor reduce any existing rights or duties of a water district, and the commissioners thereof, but shall constitute an additional and alternate method of financing.

project -- Applicability. (1) A water district organized under this chapter may elect to finance all or part of an expansion of its system by adding a temporary surcharge to the rates charged for service. All funds so collected shall be set apart in a reserve trust account, shall…

Procedure. (1) Any county judge/executive, except in counties containing a city of the first class, upon petition of seventy-five (75) resident freeholders of a water district organized under the provisions of KRS 74.010, may authorize said water district to acquire, develop, mai…

All other provisions of this chapter to the contrary notwithstanding, no water district created under this chapter shall establish a gas distribution system unless the primary source of the gas to be distributed is natural gas produced from within the territorial limits of the di…

If the water district is authorized to establish the gas distribution system, such system shall be established, maintained, and operated by the water commissioners of the district authorized to establish said system and said commissioners shall have all of the powers and authorit…