58 chapters · 2,528 sections in this title.
KRS § 76.005 Definitions
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As used in KRS 76.010 to 76.295 unless the context otherwise requires: (1) "District" means a metropolitan sewer district authorized by KRS 76.010 to 76.210. (2) "Board" means the board described in KRS 76.030. (3) "District area," "within the district," "corporate limits of the …
KRS § 76.007 Compliance with KRS 65A.010 to 65A.090
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The board of the district shall comply with the provisions of KRS 65A.010 to 65A.090 for both the district and any subdistrict established pursuant to KRS 76.241 to 76.273.
KRS § 76.010 Joint metropolitan sewer district authorized in cities with population of 20,000 or more and counties containing such cities -- Corporate powers
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20,000 or more and counties containing such cities -- Corporate powers. In the interest of the public health and for the purpose of providing adequate sewer and drainage facilities in and around each city with a population equal to or greater than twenty thousand (20,000) based u…
KRS § 76.020 Ordinance for creation of district
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Whenever by ordinance passed by the legislative body of any such city and approved by the mayor thereof, it is declared for the best interests of such city and the inhabitants thereof, that such district be created under the provisions of KRS 76.010 to 76.210, the clerk of the le…
KRS § 76.030 Board of district -- Membership, appointment, qualifications, term, vacancies, removal, compensation -- Effect of compact -- Membership of board upon establishment of consolidated local government
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vacancies, removal, compensation -- Effect of compact -- Membership of board upon establishment of consolidated local government. (1) Except in counties containing a consolidated local government, the business, activities, and affairs of such district shall be managed, controlled…
KRS § 76.040 Fiscal year
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The fiscal year of the district shall begin on July 1 of each year and end on June 30 next following.
KRS § 76.050 Meetings of board -- Quorum
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(1) Regular meetings of the board shall be held at least once in each calendar month, the time and place of which shall be fixed by the board. (2) A majority of the members of the board shall constitute a quorum, and the affirmative vote of at least three (3) members of the board…
KRS § 76.060 Officers and employees -- Legal services -- Effect of compact
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(1) The board shall, in July of each year, elect from its members a chairman and a vice chairman, who shall be of different political party affiliation. It shall employ a secretary-treasurer and a chief engineer, neither of whom is a member of the board. The secretary-treasurer a…
KRS § 76.070 District to take over existing sewer facilities -- Duration of control and functions
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functions. (1) When the district created under KRS 76.010 to 76.210 has organized, thereupon and by virtue of KRS 76.010 to 76.210, the existing sewer and drainage system and facilities of the city forming a district pursuant to KRS 76.010, together with all contracts, books, map…
KRS § 76.080 General powers of district
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The district created under the provisions of KRS 76.010 to 76.210 is empowered: (1) To have jurisdiction, control, possession, and supervision of the existing sewer and drainage system of the city forming a district pursuant to KRS 76.010; to maintain, operate, reconstruct, and i…
KRS § 76.085 Privately constructed sewers to be approved -- Investigation, charges
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(1) Any person or corporation, public or private, in the county in which such district is located submitting for approval plans and designs of sanitary sewers or storm water drainage facilities, or both, to be constructed by such person or corporation, private or public, pursuant…
KRS § 76.090 Rates, rentals, and charges -- Use of funds of district -- Cutting off sewer and water service to delinquents
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and water service to delinquents. (1) The district may establish a schedule of rates, rentals, and charges, to be collected from all the real property within the district area served by the facilities of the district, and prescribe the manner in which and the time at which the ra…
KRS § 76.100 Construction, improvement or extension of sewer and drainage system -- Contracts -- Contractors' bonds
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Contracts -- Contractors' bonds. It shall be the duty of the district as promptly as possible, to rehabilitate, construct, improve, and extend, any sewer and drainage system taken over and controlled by it, which shall include, but is not limited to, disconnection of storm water …
KRS § 76.110 Power to acquire land -- Procedure in cases requiring condemnation
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(1) The district shall have the power to acquire by purchase, gift or eminent domain proceedings, the fee or such right, title, interest or easement, in such lands as may be deemed by the district necessary for any of the purposes mentioned in KRS 76.010 to 76.295, whether within…
KRS § 76.120 Facilities of public service corporations, expense of reconstructing or replacing -- Entering upon or damaging public way or place
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replacing -- Entering upon or damaging public way or place. Where railroad tracks, street railroad tracks, gas or water pipes, telephone wires, telegraph wires, electric light or power lines, or conduits, for carrying telephone or telegraph or electric wires, or poles, or other s…
KRS § 76.130 Deposit and paying out of moneys of district
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All moneys of the district, from whatever source derived, shall be paid to the secretary- treasurer. Such moneys shall be deposited in the name of the district by the secretary- treasurer, in one or more banks or trust companies, situated in the county in which said city is locat…
KRS § 76.140 No power to levy taxes
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The district shall not have power to levy ad valorem taxes upon any property for any purpose whatsoever.
KRS § 76.150 District revenue bonds
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(1) Subsections (2) through (4) have no application to construction subdistrict bonds or obligations. All references to revenues, rates, rentals, charges, or collections in subsections (2) and (3) exclude those derived from or made on account of construction subdistricts. Distric…
KRS § 76.160 Enforcement of rights of bondholders -- Trustee -- Receiver
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(1) Subsections (2) and (3) have no application to construction subdistrict bonds or obligations. All references to revenues, rates, rentals, charges, or collections in subsections (2) and (3) exclude those derived from or made on account of construction subdistricts. District fa…
KRS § 76.170 Area included in district -- Construction subdistrict excluded -- Extension of boundaries
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of boundaries. (1) The initial unit of the district embraces the area that is coterminous with the boundaries of the city forming a district pursuant to KRS 76.010. The district also embraces the district area as defined in KRS 76.005. When territory which is part of a constructi…
KRS § 76.171 Construction of branch or lateral sewer lines in territory annexed to first-class city
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class city. Where adequate sanitary sewers, combined sewers, drains, appurtenances, or property service connections have not been constructed in any territory annexed to a city of the first class since July 1, 1946, the city legislative body may, by ordinance, on recommendation o…
KRS § 76.172 Apportionment of construction costs -- Liens -- Apportionment warrants -- Notice
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Notice. (1) The ordinance providing for the construction of sewerage or drainage facilities and appurtenances shall describe the nature and kind of facilities to be furnished and shall describe the particular area benefited by said sewerage or drainage facilities. (2) The costs o…
KRS § 76.173 Completed sewers and drains to become part of city's system
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When completed any sewers or drains described in KRS 76.171 or 76.172 shall become a part of the district area's sewer and drainage system, subject to charges for service the same as from other parts of the system within the district area.
KRS § 76.175 Annexation by district of unincorporated area or city or part of city with population of less than 3,000 located in county containing consolidated local government -- Procedure -- Appeals
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population of less than 3,000 located in county containing consolidated local government -- Procedure -- Appeals. The board of the district may annex any unincorporated area in the county, or any area of the county containing all or any part of a city with a population of less th…
KRS § 76.180 Rules and regulations -- Sewers regulated -- Citizens' complaints -- Appeals
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(1) The district shall have power to make and promulgate all rules and regulations proper or necessary to regulate the use, operation, and maintenance of property and facilities under its control, and to carry into effect the powers granted the district by KRS 76.010 to 76.295. T…
KRS § 76.190 Agreements with other cities or districts
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In order to promote and protect its activities and facilities, and in furtherance of the public health, the district may enter into contracts with, and thereunder it may permit other cities, towns, municipalities, sewer and drainage districts, located in the same county as the ci…
KRS § 76.200 Federal or state aid
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The district is authorized to enter into negotiations with the federal government and the Commonwealth of Kentucky, or either of them, or the agencies of both or either, and apply and obtain from them or either or both of them, any and all grants-in-aid that may be available.
KRS § 76.210 Tax exemptions
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It is hereby found and declared that the creation of the district and the carrying out of its corporate purposes is in all respects in the interest of the public health and is a public purpose; that the district is performing a governmental function in the exercise of the powers …
KRS § 76.231 Joint sewer agency established -- Powers -- Administration -- Dissolution
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(1) As an alternative to establishing a metropolitan sewer district pursuant to KRS 76.010, any city with a population equal to or greater than twenty thousand (20,000) but less than one hundred thousand (100,000) based upon the most recent federal decennial census, together with…
KRS § 76.232 Establishment of joint sewer agency by city with population of less than 20,000 to less than 100,000 with county or sanitation district -- Powers -- Administration
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20,000 to less than 100,000 with county or sanitation district -- Powers -- Administration. (1) A city with a population less than twenty thousand (20,000) based upon the most recent federal decennial census together with the county in which it is located or together with the san…
KRS § 76.233 Agency revenue bonds
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Any city with a population of less than one hundred thousand (100,000) based upon the most recent federal decennial census and the county in which it is located which have established a joint sewer agency pursuant to KRS 76.231 may authorize the issuance of revenue bonds pursuant…
KRS § 76.234 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 § 76.241 Construction subdistrict established -- Petition, procedure, judicial review -- Waiver of notice and hearing
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Waiver of notice and hearing. (1) The district may establish a construction subdistrict when twenty-five percent (25%) or more of the freeholders of land sought to be included in the construction subdistrict file their petition with the district. The petition shall describe the t…
KRS § 76.242 Construction subdistrict not to include nonconsenting cities or districts
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The construction subdistrict shall not include the whole or any part of any incorporated city with a population equal to or greater than three thousand (3,000) based upon the most recent federal decennial census, or any sanitation district or sewer construction district, or that …
KRS § 76.243 Engineering survey of construction subdistrict -- Assessment of benefits -- Notice
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Notice. (1) The board shall, before entering upon any construction work in any construction subdistrict or any contracts therefor, have an engineering survey made of the territory within the construction subdistrict and report to the district board as to plans for sewer or draina…
KRS § 76.244 Engineering report, when filed -- Construction subdistrict may be abolished, when
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abolished, when. (1) The report described in KRS 76.243 shall be made and filed within one (1) year of an order made under KRS 76.241 which establishes the construction subdistrict or the order made under KRS 76.241 shall be deemed to have been one dismissing the petition and it …
KRS § 76.246 Notice of hearing, publication -- Order of construction and assessment
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(1) When the report described in KRS 76.243 is prepared, a copy shall be filed with the secretary-treasurer of the district who shall, within forty (40) days, cause notice of the filing of same and a notice of where the report is available for public inspection to be published pu…
KRS § 76.247 Appeal from order of establishment or assessment -- Procedure
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Within sixty (60) days after the final publication of an order made under KRS 76.241 which dismisses a petition for creation of a construction subdistrict or within sixty (60) days after final publication of an order made under KRS 76.246 any person who would have been qualified …
KRS § 76.248 District may construct or contract for construction -- No debts incurred until assessment final
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until assessment final. The district may carry out the plan itself or contract with others for construction of the sewerage facilities. The district shall incur no debts or obligations, aside from engineering study and administrative costs, on account of the construction subdistr…
KRS § 76.249 Combined methods of financing
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The district may adopt any combination of the financing methods for construction subdistricts authorized by KRS 76.251, 76.253, 76.254, 76.257, 76.258 and 76.259 which are fair and equitable to the residents and freeholders of the construction subdistrict and which protect and pr…
KRS § 76.251 Assessment of costs -- Lien -- Payment -- Effect of nonpayment
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For facilities designed to serve the construction subdistrict the district may, pursuant to KRS 76.243, adopt a method of assessment of benefited property on the basis of acreage or any other equitable basis set forth in the order and notify property owner affected in accordance …
KRS § 76.252 Priority of construction subdistrict assessment liens -- Enforcement
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(1) Assessment liens imposed by KRS 76.005 to 76.295 are prior to all other liens except liens for taxes and other assessment liens already attached. (2) Assessment liens may be enforced pursuant to KRS 426.005 and 426.006.
KRS § 76.253 Bonds if assessments not paid -- Terms -- Payment of assessments in installments
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installments. (1) If all construction subdistrict assessments are not paid in full by thirty (30) days after notice of assessments, the district may issue bonds for the amount of the unpaid assessment, and shall give notice that it proposes to issue bonds, giving the amount of bo…
KRS § 76.254 Revenue bonds of construction subdistrict -- Procedure -- Contents
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(1) The district is authorized and empowered to issue negotiable, interest-bearing, construction subdistrict bonds which shall not be an obligation of the district; construction subdistrict revenue bonds shall be secured solely by the revenue pledged by KRS 76.262 and by moneys, …
KRS § 76.256 Refunding of bonds secured by assessments
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If bonds have been issued for any construction subdistrict secured entirely or partially by the right to levy an assessment as provided by KRS 76.251 to 76.257, 76.261 to 76.267 and 76.271 to 76.273 and such bonds are redeemed prior to maturity, bonds to refund same may be issued…
KRS § 76.257 Financing may be arranged as in cities, terms in KRS Chapter 107 defined
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(1) In the financing of a construction subdistrict the district may use the authority and procedures granted to incorporated municipalities by KRS 107.010 to 107.220. When applied to construction subdistricts, terms used in KRS 107.010 to 107.220 shall be construed to mean the fo…
KRS § 76.258 Financing by apportionment warrants
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After the creation of a construction district under the provisions of KRS 76.241 to 76.246, the board may, if the board deem it feasible, instead of issuing bonds as provided in KRS 76.253, issue apportionment warrants, using the procedures after assessment set out in KRS 184.150…
KRS § 76.259 Financing methods temporarily inadequate, procedure -- Contracts
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(1) If the district finds as a fact that the methods of financing sewer facilities within a construction subdistrict provided for in KRS 76.005 to 76.295 will be inadequate, uneconomic, or unduly burdensome to the residents to be initially served, the district may contract with o…
KRS § 76.261 Default on revenue bonds -- Trustee appointed -- Actions by trustee, receiver, powers
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receiver, powers. (1) The holders in aggregate principal amount of twenty percent (20%) of any class of construction subdistrict bonds authorized by KRS 76.254 may ex parte move a judge of the Circuit Court of the county containing the construction subdistrict to appoint a truste…
KRS § 76.262 Rate schedule for construction subdistrict -- Notice -- Objections -- Purposes -- Subdistrict fund, uses
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Purposes -- Subdistrict fund, uses. (1) The district is authorized to establish a schedule of rates, rentals, and charges to be collected from all real property within a construction subdistrict served by construction subdistrict facilities. This schedule shall be in addition to …