Title IX, Counties, Cities, and Other Local Units

election. Any action challenging the validity of any ordinance electing to operate under KRS 96.550 to 96.900 or any election resolution, bond resolution, or election adopted or held thereunder, shall be brought within sixty (60) days from the date on which such ordinance or elec…

No holder or holders of any revenue bonds issued under KRS 96.550 to 96.900 shall have the right to compel any exercise of taxing power of the municipality to pay the bonds or the interest thereon. Each revenue bond issued under KRS 96.550 to 96.900 shall recite in substance that…

additional bonds -- Negotiability -- Interest rate. (1) Bonds issued pursuant to KRS 96.550 to 96.900 may be issued in one (1) or more series, may bear a date or dates, may mature at a time or times, not exceeding forty (40) years from their respective dates, may be in a denomina…

In order to secure the payment of any of the bonds issued pursuant to KRS 96.550 to 96.900, and interest thereon, or in connection with such bonds, the board of any municipality shall have power as to such bonds, to the extent not inconsistent with the mandatory provisions of KRS…

Any holder or holders of bonds issued pursuant to KRS 96.550 to 96.900, including a trustee or trustees for holders of such bonds, shall have the right, in addition to all other rights: (1) By action in court, to enforce his or their rights against the board, and any other proper…

If there is a default in the payment of the principal or interest of any bonds issued pursuant to KRS 96.550 to 96.900, any court having jurisdiction may, upon the petition of the holders of not less than twenty-five percent (25%) of the outstanding bonds, appoint a receiver to a…

(1) All expenses incurred by the board or the governing body of any municipality in the making of surveys, estimates of cost and of revenues, employment of engineers, attorneys, or other employees, the giving of notices, taking of options, selling of bonds, and all other prelimin…

public utilities -- Appointment -- Qualifications -- Incompatibility with other offices -- Bond -- Oath -- Not to hire relatives. (1) Any municipality desiring to acquire and operate an electric plant under the provisions of KRS 96.550 to 96.900 or any municipality now owning and…

(1) The salary of each member of a board of public utilities may be fixed by the board at not exceeding two thousand four hundred dollars ($2,400) per annum. (2) Such salaries, as well as the salary of the secretary-treasurer, shall constitute a cost of operation and maintenance …

(1) The original appointees shall serve for one (1), two (2), three (3) and four (4) years respectively, from the date of appointment, as the said mayor or chief executive officer shall designate. Successors to retiring members so appointed shall be appointed for a term of four (…

A majority of the board shall constitute a quorum and the board shall act by vote of a majority present at any meeting attended by a quorum. Vacancies in the board shall not affect its power or authority so long as a quorum remains. Within ten (10) days after appointment and qual…

regulations -- Employees -- Contracts -- Records. (1) After a board has been appointed and qualified, it shall have charge of the general supervision and control of the acquisition, improvement, operation and maintenance of the electric plant of the municipality. The board shall …

All moneys derived from the issuance of bonds under KRS 96.550 to 96.900, together with any governmental grant made in connection therewith, and all receipts from electric service or any other operation of the board, shall be deposited in a separate bank account or accounts, sepa…

All moneys received from the sale and issuance of bonds shall be used solely to defray the cost of acquiring or improving an electric plant, except that such proceeds may in the discretion of the board also be used for the payment of the interest on the bonds until such acquisiti…

(1) The board shall devote all moneys derived from any source other than the issuance of bonds to or for the payment of all operating expenses; bond interest and retirement and sinking fund payments; the acquisition and improvement of the electric plant; contingencies; other obli…

(1) For the purposes of this section, unless the context requires otherwise: (a) "Taxing jurisdiction" shall mean each county, each school district, each municipality, and each other special taxing district located within the state. (b) "State" shall mean the Commonwealth of Kent…

The board shall charge the municipality and all departments and works thereof for any electric service furnished to them at the rates applicable to other customers taking service under similar conditions. Revenues derived from such service shall be treated as all other revenues.

(1) The board shall keep a complete and accurate record of all meetings and actions taken, and of all receipts and disbursements, and shall make reports of the same to the governing body at stated intervals, not to exceed one (1) year. Said report shall be in writing, shall be fi…

Any municipality is hereby authorized and empowered to issue general obligation bonds under the limitations imposed by Section 158 of the Constitution for carrying out the purposes of KRS 96.550 to 96.900, but general obligation bonds shall not be issued for such purposes without…

The board or the municipality may sell or dispose of all or substantially all of that part of an electric plant located within the boundary of the municipality, owned and operated by it, only by first complying with the following provisions, to wit: (1) The board shall adopt a re…

Every resolution or ordinance adopted by the governing body of any municipality under the provisions of KRS 96.550 to 96.900 shall become effective from and after its passage, and no such resolution or ordinance shall be the subject of any referendum or election except as express…

extension of service -- Bonds do not require approval. (1) It shall not be necessary for any municipality proceeding under KRS 96.550 to 96.900 to obtain any certificate of convenience and necessity, license, permit, or other authorization, from any board, commission, or other ag…

forbidden -- Cooperative agreements. No municipality or board operating an electric plant under the provisions of KRS 96.550 to 96.900 shall enter into competition with, or construct, maintain, or operate, any facilities or service in competition with any rural electric cooperati…

book value among the state, counties, cities, and school districts -- Regional development agency assistance fund -- Portion of TVA payment received by state to be transferred to fund for distribution to regional development agencies in fund-eligible counties -- Annual report. (1…

Any municipality or board exercising any of the powers granted under KRS 96.550 to 96.890 or any person accepting benefits conferred thereby shall be estopped to question the validity of any provision of KRS 96.550 to 96.890.

participate in group purchasing program. (1) A municipal utility that owns or operates an electric utility under KRS 96.550 to 96.900 may authorize: (a) Membership and participation in a group purchasing program when the municipal utility deems that the purchase of power through …

economic development and job creation activities -- Annual reports -- Certification of proper use of funds. (1) A Regional Development Agency Assistance Program is established to consist of a system of grants to agencies designated by fiscal courts of counties designated in KRS 9…

The public health, safety and welfare require that new and alternative measures be authorized to encourage, promote, and make more feasible the provision of facilities for the collection, treatment, and disposal of sewage by cities, by sewer service charges established with due c…

As used in KRS 96.910 to 96.927, unless the context otherwise requires: (1) "City" means an incorporated municipality of any class and a county that has adopted an urban-county government, except those communities served by a metropolitan sewer district, under the provisions of K…

The governing body of any city may classify sewer users upon any reasonable basis and may establish different service rates for each class, provided such rates are uniform as to all sewer users in the same class. Such classifications may be of limited or indefinite duration.

In determining and defining special classes, the governing body of a city shall have as its objectives the interests of public health, safety, and general welfare of the entire community, and reasonable ultimate quality of financial burden to users similarly situated.

A city may establish a basic sewer service charge or basic schedule of graduated charges, applying to all sewer users alike, and may, in its discretion, establish and apply to one or more special classes of users additional service charges.

In prescribing schedules of charges, and in determining the aggregate of revenues required to be raised, the governing body shall consider the cost and value of existing, planned and foreseeably needed sewer facilities, the cost of operation and maintenance, repairs, replacements…

The governing body of any city desiring to establish special classes of sewer users shall initiate proceedings by adopting an ordinance to be known as the "First Ordinance," which shall state: (1) The special classes of sewer users proposed to be created, the reasons and justific…

The first ordinance shall be published pursuant to KRS Chapter 424. A certified copy of the first ordinance shall be delivered to the county judge/executive or county clerk of each county in which any area affected by the ordinance outside the city may be situated, and the county…

If a city contemplates annexation of areas outside its corporate limits when the First Ordinance is published, or if annexation is then in progress, it may state that its proposed establishment of special classes of sewer users will be applicable to such areas, and is conditioned…

The First Ordinance shall provide for a public hearing at a time and place to be specified therein not less than one (1) week after publication. Such hearing shall be presided over by a person or persons designated by the governing body of the city. Written minutes of the meeting…

Any sewer user, or prospective sewer user, within any of the proposed special classes of sewer users may appear at the public hearing in person or by a representative and may submit in writing a statement of any reasons for advocating, or objecting to, any matter set forth in the…

At any subsequent regular meeting of the governing body the written report of the public hearing concerning the first ordinance shall be submitted. At such meeting, any sewer users, or prospective sewer user, may again be heard, in person or by representative. The governing body …

(1) Any sewer user, or prospective sewer user, affected by the Second Ordinance may, within thirty (30) days after publication of the Second Ordinance, file an action in the Circuit Court of the county in which the city is situated attacking the validity of the Second Ordinance f…

Proceedings under KRS 96.910 to 96.927 are purely discretionary. KRS 96.910 to 96.927 is not intended to be in derogation of any other law, and does not repeal or amend any other law.

The General Assembly hereby recognizes and declares that the use of water in any manner tending to contaminate it, raises a correlative public duty to provide for the proper disposition thereof according to the highest public health standards, and that such public duty includes f…

As used in KRS 96.930 to 96.943, unless the context otherwise requires: (1) "City" means an incorporated municipality of any class; (2) "Governing body" means the body vested by law with the legislative power of a city; (3) "Sewer body" means the body vested with responsibility f…

In the interests of the public health, safety, and general welfare, cities may enforce collection of lawful rates and charges for the use of municipal sewer facilities by requiring that water service, whether provided publicly or privately, be discontinued until payment is made o…

(1) If a city is also the water supplier, the governing body may provide that rates for water service and sewer service be billed simultaneously and that water service shall be discontinued upon failure to pay any part of such charges, including penalties, interest, and reasonabl…

(1) A water supplier may in writing served upon the city clerk, set forth (a) reasonable fees or charges for disconnecting and reconnecting water service connections, and (b) whether or not it will require that an authorized agent of the sewer body accompany its own agent or empl…

No payment of the bill for sewer service charges disputed by the sewer user shall be deemed a waiver by the sewer user of any right thereafter to claim and recover from the sewer body any and all sums improperly included in the bill. In the event of such dispute, the authorized a…

Any sewer body and any water supplier may enter into a contract relating to any of the provisions of KRS 96.930 to 96.943. Such contract may provide that the water supplier shall furnish to the sewer body copies of its records, or that the water supplier will compute sewer charge…

No water supplier who discontinues water service pursuant to an order from the sewer body as provided in KRS 96.930 to 96.943, shall incur any liability by reason thereof, except to the extent of its own negligence or other improper conduct.

Any water supplier which wrongfully fails or refuses to discontinue water service pursuant to an order properly made to it by a sewer body and continues such failure or refusal for a period of thirty (30) days after receipt of the notice, shall be liable to the sewer body for any…