58 chapters · 2,528 sections in this title.
KRS § 76.263 Cut-off of water supply of user in construction subdistrict
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The district is granted the same authority relative to the cutting off of the water supply of its delinquent users within a construction subdistrict as is contained in KRS 76.090 relative to other territory under the jurisdiction of the district. Delinquents include persons or us…
KRS § 76.264 Operating and maintenance costs of subdistrict system, how paid
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Sewer and drainage systems or both constructed by construction subdistricts shall be operated and maintained by the district and payment for the actual cost, including overhead and administrative costs, shall be paid by the districts from funds of the construction subdistricts. W…
KRS § 76.267 Property of district, bonds and income therefrom exempt from tax
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The establishment, financing and operation of a construction subdistrict by the district are in all respects in the interest of public health and for a public purpose. In so doing the district performs a governmental function in the exercise of the powers conferred upon it, and i…
KRS § 76.268 Annexation to subdistricts, procedure -- Effect
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Annexation to subdistricts may be accomplished by any of the following procedures, as the board may elect: (1) (a) After the creation of a construction subdistrict under the provisions of KRS 76.241 to 76.246, the board may, if it deems it advisable, use the authority and procedu…
KRS § 76.269 Other districts to become construction subdistricts when -- Incorporated in district when
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district when. A sanitation district organized under KRS 220.010 to 220.540, a sewer construction district organized under KRS 76.300 to 76.420, and a sewage system owned by any municipality, political subdivision, or any other entity, public or private, may be made a constructio…
KRS § 76.271 Winding up of construction subdistrict affairs, when, effect
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The district shall wind up the affairs of a construction subdistrict and incorporate it into the district area only when: (1) The board finds that such action would best serve the policy of KRS 76.010 to 76.295. (2) There are not outstanding any bonds issued pursuant to subsectio…
KRS § 76.272 Bonds of several construction subdistricts -- Purposes, effect
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(1) The district may issue for one or more construction subdistricts bonds to finance construction of trunk, main, connecting sewers and any other facilities necessary to which, directly or indirectly, connect one or more of such construction subdistricts to either the district f…
KRS § 76.273 Revenue bonds alternate method of financing
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The provisions of KRS 76.254, 76.256 and 76.272, providing for financing with revenue bonds, shall not repeal nor reduce any existing rights or duties of the district, but shall constitute an additional and alternate method of financing.
KRS § 76.274 Sanitation tax district -- Creation, powers -- Area included
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In the interest of the public health and for the purpose of providing adequate sanitation and drainage facilities in each county containing a city of the first class, there may be created and established therein one or more sanitation tax districts, under the provisions of KRS 76…
KRS § 76.276 Resolution filed with county clerk, contents
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Whenever by resolution of the fiscal court acting upon its own initiative or upon petition from the metropolitan sewer district, it is declared for the best interests of such county and the inhabitants thereof that such sanitation tax district or districts be created under the pr…
KRS § 76.277 Board of sanitation tax district -- Members, appointment, tenure, removal, compensation -- Officers, employees
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compensation -- Officers, employees. (1) The affairs of each sanitation tax district shall be conducted by a board composed of five (5) members, all of whom shall be appointed by the county judge/executive of the county subject to the approval of the fiscal court. Not more than t…
KRS § 76.2775 Compliance with KRS 65A.010 to 65A.090
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The board shall comply with the provisions of KRS 65A.010 to 65A.090.
KRS § 76.278 Ad valorem tax levy -- Notice -- Protesting petition -- Referendum -- Collection
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Collection. (1) In order to establish a comprehensive sewage and sewage treatment system, or storm water and surface drainage system, or both, within the sanitation tax district, the sanitation tax district through its board may levy an ad valorem tax upon the real property in th…
KRS § 76.279 Lease of system constructed by metropolitan sewer district -- Renewals -- Revenue bonds of metropolitan district
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Revenue bonds of metropolitan district. (1) In order to provide for the construction of a comprehensive sewage and sewage treatment system, or storm water and surface drainage system, or both, the sanitation tax district and a metropolitan sewer district may agree in writing that…
KRS § 76.295 Certificate of noninterference by metropolitan sewer district required before petition for sewer construction district
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before petition for sewer construction district. In counties containing a metropolitan sewer district, the county judge/executive shall not accept for filing a petition tendered to it pursuant to KRS 76.300 to 76.305 unless the metropolitan sewer district has certified in a writt…
KRS § 76.300 Petition for establishment of sewer construction district
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The county judge/executive of any county in which a metropolitan sewer district has been established, upon petition of twenty-five percent (25%) of the resident freeholders therein may establish a sewer construction district for the purpose of providing sewers and/or drainage fac…
KRS § 76.305 Notice and proceedings for establishment of sewer construction district -- Appeal
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Appeal. (1) When the petition is filed the county clerk shall give notice of the filing by publication pursuant to KRS Chapter 424 and by posting notices in three (3) public places within the proposed district. Within thirty (30) days after the publication, any freeholder of the …
KRS § 76.310 City or metropolitan sewer district not included in sewer construction district without consent
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district without consent. The district shall not include the whole or any part of any incorporated city or any metropolitan sewer district except with the consent of the legislative or managing board of the city or district. With such consent, the resident property owners of the …
KRS § 76.315 Sewer construction district commissioners -- Appointment, terms, removal -- Officers
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- Officers. (1) If the county judge/executive orders such district established, the county judge/executive shall, with the approval of the fiscal court, appoint three (3) commissioners, from among the residents of the sewer construction district. One (1) of the commissioners shal…
KRS § 76.320 Corporate powers of commission
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The commission thereby created shall be the governing body of the sewer construction district and shall be a body corporate, with power to contract and be contracted with, to sue and be sued and to adopt a corporate seal.
KRS § 76.325 Powers of commission
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The powers of the commission shall be: (1) To construct, operate and maintain a sewerage and/or drainage system and sewers and drains within the boundaries of the sewer construction district, or to contract with a metropolitan sewer district for such construction, operation and/o…
KRS § 76.326 Compliance with KRS 65A.010 to 65A.090
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The board shall comply with the provisions of KRS 65A.010 to 65A.090.
KRS § 76.330 Commission to make survey and report to county judge/executive of economic feasibility of construction -- Certification by metropolitan district
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economic feasibility of construction -- Certification by metropolitan district. The commission shall, before entering upon any construction work or any contracts therefor, make a survey of the territory within the district, and report to the county judge/executive as to plans for…
KRS § 76.335 Notice and hearing of exceptions
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When the report is filed, the clerk shall, within five (5) days, cause notice of the filing of the report to be given by publication pursuant to KRS Chapter 424 and by notices posted in three (3) public places within the sewer construction district. The hearing shall be held not …
KRS § 76.340 Classification and report of land affected or benefited by sewer construction and operation
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and operation. If a plan for construction of sewers and/or drains is approved by the county judge/executive, the commissioners shall then examine the real estate in the sewer construction district that may be affected or benefited by construction and operation of such sewers or d…
KRS § 76.345 Notice and hearing of exceptions to classification report
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When this report of classification of benefits is filed, the clerk shall, within five (5) days, cause notice of the filing of same to be given by publication pursuant to KRS Chapter 424, and by notices posted in three (3) public places within the sewer construction district. The …
KRS § 76.350 Appeals
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An order of the county judge/executive confirming, modifying or disapproving a report of commissioners of sewer construction district as to a plan of construction or as to classification of property or ratio of benefits may be appealed to the Circuit Court by the commission or an…
KRS § 76.355 Performance under plan
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When the classification and ratio between classes on any specific plan, has been finally determined, the commission may carry out the plan itself, or contract for construction of said sewers and/or drains included in the plan by the metropolitan sewer district or otherwise.
KRS § 76.360 Assessment of benefited property -- Lien of assessment -- Payment
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When the cost of construction of the planned sewers and/or drains has been ascertained, the commission shall assess the property benefited in accordance with the classification and area or other basis previously determined. From that date the assessment shall constitute a lien ag…
KRS § 76.365 Issuance of sewer construction bonds for amount of unpaid assessments -- Interest, maturity, payment
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Interest, maturity, payment. (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, and shall give notice that it proposes to issue bonds, giving the amount of bonds to b…
KRS § 76.366 Financing by revenue bonds
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(1) Any sewer construction district created in the manner provided in KRS 76.300 to 76.325, both inclusive, may if the commissioners of such sewer construction district deem it feasible, build, or acquire or enlarge sewer or drainage facilities, including treatment plants, withou…
KRS § 76.367 Refunding with revenue bonds
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If any district has previously issued bonds secured entirely or partially by the right to levy an assessment as provided by KRS 76.340 to 76.365, 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 § 76.368 Power to discontinue water service
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In the event a sewer construction district elects to proceed under KRS 76.366 and 76.367 it is granted the same authority relative to the cutting off of the water supply of its delinquent users as is a sanitation district under KRS 220.510, when written request for such cutting o…
KRS § 76.369 Effect of provisions for financing with revenue bonds
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KRS 76.366 and 76.367 shall not repeal nor reduce any existing rights or duties of a sewer construction district, and the commissioners thereof, but shall constitute an additional and alternate method of financing.
KRS § 76.370 Dissolution of district
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On completion of collection of assessments, distribution of funds and retirement of all bonds, a sewer construction district may be dissolved by order of the county judge/executive.
KRS § 76.375 Bond of commissioners and treasurer
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The commissioners shall give bond in such amount as the county judge/executive may require. The treasurer shall give bond in such amount as the commission may require.
KRS § 76.380 Governmental nature of commission's function
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The creation of a sewer construction district, and the carrying out of its corporate purposes are in all respects in the interest of public health and for a public purpose. A sewer construction district performs a governmental function in the exercise of the powers conferred upon…
KRS § 76.385 County attorney to represent commission -- Additional counsel
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The county attorney shall represent the commission, but the commission may employ additional counsel when the amount of its legal work requires this.
KRS § 76.390 Additional or alternate method of financing construction
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Any sewer construction district created in the manner provided in KRS 76.300 to 76.325 may, if the commissioners of such district deem it advisable, use the authority and procedures granted to incorporated municipalities by KRS 107.010 to 107.220. When applied to sewer constructi…
KRS § 76.395 Construction of KRS 76.390
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The provisions of KRS 76.390 shall not repeal or reduce any existing rights or duties of sewer construction districts or the commissioners thereof, but shall constitute an additional method of financing which may be used in conjunction with KRS 76.300 to 76.385, or may be an alte…
KRS § 76.400 Exemption from KRS 76.085 -- Exception
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Any sewer construction district created in the manner provided in KRS 76.300 to 76.325 is exempt from the provisions of KRS 76.085, subsections (2) and (3), except when said sewer construction district empties its effluent into mains or plants operated by metropolitan sewer distr…
KRS § 76.405 Alternate method of annexation
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Any sewer construction district created in the manner provided in KRS 76.300 to 76.325 may, if the commissioners of such district deem it advisable, use the authority and procedures granted to sanitation districts by KRS 220.535 to 220.537 to annex territory to the district, "boa…
KRS § 76.410 Exception to limitation of KRS 220.535
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Language in KRS 220.535, limiting the powers of annexation to a sanitation district in a county not containing a city of the first class, shall not be applicable to sewer construction districts which may use this method of annexation, even if they are located in a county containi…
KRS § 76.415 Effect of KRS 76.405 and 76.410
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The provisions of KRS 76.405 and 76.410 shall not repeal or reduce any existing rights or duties of sewer construction districts or commissioners thereof, but shall constitute merely a procedure for annexation by sewer construction districts.
KRS § 76.420 Apportionment warrants -- Effect of section
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(1) Any sewer construction district created in the manner provided in KRS 76.300 to 76.400 may, if the commissioners of such district deem it feasible, instead of issuing bonds as provided in KRS 76.365, issue apportionment warrants, using the procedures after assessment set out …
KRS § 76.600 Authority to provide for, construct and finance wastewater collection projects
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projects. Existing metropolitan sewer districts created pursuant to the provisions of KRS 76.010 to 76.210 may provide for, construct, and finance wastewater collection projects according to the financing plan set forth in KRS Chapters 76 and 107. This authority is in addition to…
KRS § 76.610 Use of authority and procedures granted municipalities -- Terms in KRS Chapter 107 defined
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Chapter 107 defined. Any metropolitan sewer district created in the manner provided in this chapter may, if the board of such district deems it advisable, use the authority and procedures granted to incorporated municipalities by KRS 107.010 to 107.220. When applied to metropolit…
KRS § 76.620 Approval required
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In undertaking wastewater collection projects under KRS Chapters 76 and 107, metropolitan sewer districts are vested with exclusive authority to plan, design, initiate, finance, and carry out construction of the projects solely according to the requirements and procedures of KRS …
KRS § 76.630 Removal or relocation of municipal, municipally-owned utility or water district service equipment or appliances
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district service equipment or appliances. The provisions of KRS 76.120 notwithstanding, whenever any district shall determine that it is necessary that any fire plugs, water pipes, mains, and conduits, and other water service related equipment and appliances, belonging to any mun…
KRS § 76.640 Enforcement powers
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(1) Any metropolitan sewer district which has initiated a wastewater collection project under the provisions of KRS Chapters 76 and 107 may enforce payment of annual improvement benefit assessments levied in respect of such project and may enforce rules and regulations relative t…