Title IX, Counties, Cities, and Other Local Units

Having the powers of the city of the highest class at the time of the creation of an urban- county government, the provisions of KRS 96.350 to 96.510 are hereby affirmed to be possessed by urban-county governments. Any reference to a city, mayor, city legislative body, or agency …

of more than 50,000 other than counties containing a consolidated local government or urban-county government. (1) The city council of cities in a county containing a population of more than fifty thousand (50,000) other than a county containing a consolidated local government or…

waterworks system -- Police protection for waterworks system located outside city limits. (1) The legislative body of any city of the home rule class may by ordinance: (a) Provide the city with water; establish, regulate and control public cisterns, hydrants and reservoirs, toget…

Election. (1) One (1) or more waterworks, owned by one (1) or more persons, may be acquired as a single enterprise, and the city legislative body may agree with the owner as to the value of the waterworks and purchase it at such value, after giving forty-five (45) days' notice by…

For the purpose of defraying the cost of acquiring any such waterworks and appurtenances or extensions thereto, either by purchase or construction, the city may borrow money and issue negotiable bonds, but only after an ordinance has been adopted specifying the proposed undertaki…

Bonds may be issued bearing interest at a rate or rates or method of determining rates, payable at least annually, and shall be executed in a manner and be payable at times not exceeding forty (40) years from the date of issue and at the place or places as the city legislative bo…

revenues. Bonds issued pursuant to KRS 96.370 shall be negotiable and shall not be subject to taxation. If any officer whose signature or countersignature appears on the bonds or coupons ceases to be an officer before delivery of the bonds, his signature or countersignature shall…

All moneys received from the bonds shall be applied solely for the purchase, establishment or erection of the waterworks and extensions and appurtenances thereto, or to advance the payment of the interest on the bonds during the first three (3) years following the date of the bon…

The waterworks so acquired, together with the extensions and appurtenances, shall remain subject to the statutory lien until the payment in full of the principal and interest of the bonds. Any holder of the bonds or coupons may, by action at law or in equity, protect and enforce …

If there is any default in the payment of the principal or interest of any bond, any court having jurisdiction of the action may appoint a receiver to administer the waterworks on behalf of the city, with power to charge and collect rates sufficient to provide for the payment of …

At or before the issuance of bonds the city legislative body shall, by ordinance, set aside and pledge the income and revenue of the waterworks into a separate and special fund to be used and applied in payment of the cost thereof and in the maintenance, operation and depreciatio…

If a surplus is accumulated in the operating and maintenance funds equal to the cost of maintaining and operating the waterworks during the remainder of the calendar, operating or fiscal year and during the succeeding like year, any excess over such amount may be transferred at a…

The funds accumulating to the depreciation account shall be expended in balancing depreciation in the waterworks or in making new constructions, extensions or additions thereto. Any such accumulations may be invested as the city legislative body may designate, and if invested the…

The reasonable cost and value of any service rendered to the city by the waterworks may be charged against the city and shall be paid for monthly as the service accrues from the current funds or proceeds of taxes which the city shall levy in an amount sufficient for that purpose.…

The city may issue new bonds to provide funds for the payment of any outstanding bonds, in accordance with the procedure prescribed by KRS 96.350 to 96.510. The new bonds shall be secured to the same extent and shall have the same source of payment as the bonds refunded.

If the city legislative body finds that the bonds authorized will be insufficient to accomplish the purpose desired, additional bonds may be authorized and issued in the same manner.

Any city acquiring any waterworks pursuant to the provisions of KRS 96.350 to 96.510 may, at the time of issuing the bonds for such acquisition, provide for additional bonds for extensions and permanent improvements to be placed in escrow and to be negotiated from time to time as…

The city legislative body may provide by ordinance such provisions and stipulations for the administration of the income and revenues of the waterworks and for the security of the bondholders as it deems necessary.

The ordinances required by KRS 96.370 and 96.430 may set apart a fund equal to the amount of any secured debt or charge subject to which a waterworks is acquired, and shall set aside to that fund, from the balance of the income and revenues of the waterworks remaining after setti…

operate electric light, heat, and power plants -- Regulation of provision of telecommunications services or municipal telephone service -- Interconnection agreements with utilities or utility affiliates -- Bonds. (1) Any city of the home rule class or urban-county government may …

(1) Any city acquiring or constructing an electric light, heat, and power plant under the provisions of KRS 96.520 shall, by ordinance, appoint a city utility commission consisting of either three (3) commissioners or five (5) commissioners to operate, manage, and control the pla…

Any legislative body of any city may provide telecommunications service. Any city that owns, operates, or controls, either directly or indirectly, a municipal utility that provides telecommunications services as defined in KRS 278.010(3)(e) shall, as to telephone service solely, …

(1) This section and the applicable provisions of KRS 65.200 to 65.2006 shall apply to any director of any municipal utility board or commission created or operated pursuant to KRS Chapter 96. (2) A director shall discharge his duties as a director, including his duties as a memb…

(1) The rates charged for services by municipally owned electric utilities shall not be increased except after a public hearing following reasonable notice thereof. (2) The rates charged for services and the standards of services maintained by municipally owned electric utilities…

of 8,000 or more -- Maintenance, operation and depreciation funds for -- Payment of surplus to general fund of city -- Fair return on property. (1) At the time or before or after the issuance of revenue bonds for the acquisition, extension or maintenance of a system of waterworks…

district. (1) Each board of education of a public school district in which is located the property or properties of a publicly-owned light, water, or gas plant may each year be paid by the governing board of the plant from the proceeds of the sale of electrical energy, water, or …

The legislative body of any city operating a municipal system for the acquisition and distribution of natural gas may, by ordinance, authorize the issuance of revenue bonds to pay all or any part of the costs of any project for the improvement or extension of the system, or for o…

within and without city boundaries -- Municipal interlocal gas utility -- Limitations -- Prohibitions -- Definitions. (1) Subject to the limitations of subsection (4) of this section and KRS 96.045 and 96.538, any city that owns and operates a municipal system for the acquisition…

(1) Any utility providing electric service in any area annexed, subsequent to June 16, 1960, by any municipality shall have the dominant right to continue to provide electric service in said area to consumers then being served and to new consumers located nearer to its facilities…

Any water or sewer utility owned by a city shall develop rules to govern extensions of service to unserved customers and areas. These rules may require that the applicant or applicants for new service pay to the utility all or part of the cost of extending utility lines. Where su…

generating facility considering acquiring property for wind-based electric generating facility. (1) Any city-owned or city-controlled electric generating entity shall hold a public meeting in any county where acquisition of real estate or any interest in real estate is being cons…

system by a city of the home rule class. (1) Except as provided in KRS 96.171 to 96.188, inclusive, and in KRS 96.5405, no city of the home rule class that owns a lighting system by gas or electricity, shall sell, convey, lease, or encumber the system or the income therefrom with…

population of less than 1,000 -- Procedure. (1) A city with a population of less than one thousand (1,000) based upon the most recent federal decennial census may, in an emergency situation, sell, lease, or otherwise transfer a utility system which it owns after obtaining the app…

An electric power system owned and operated by a municipality may establish a home heating assistance fund to receive voluntary contributions from customers to assist individuals in preventing the termination of home heating service. This fund may be administered by the electric …

As used in KRS 96.542 to 96.546, the term "acquire" shall mean and include construct, acquire by purchase, by lease, devise, gift, or the exercise of the right of eminent domain in the manner now or hereafter provided by law for the exercise thereof and acquisition by any other m…

Acquisition of existing system. (1) Any city may acquire, maintain and operate an artificial gas system, together with extensions and necessary appurtenances thereto within or without the limits of the city. (2) If any such artificial gas system is acquired from a company having …

Plans and specifications -- Acquisition of lands and easements. (1) Before any city may acquire, maintain, or operate any such artificial gas system, the legislative body of the city shall pass an ordinance declaring it desirable that this be done, and shall prepare an estimate o…

revenue -- Bond procedure. (1) Except where an election has been held and the proposition has been defeated, any city may borrow money and issue negotiable bonds, but only after an ordinance has been adopted specifying the proposed undertaking, the amount of bonds to be issued, a…

(1) Any city acquiring any such artificial gas system under the provisions of KRS 96.541 to 96.546 may by ordinance provide for the operation of the system under the direction of an official of the city as designated by the legislative body, or may delegate the authority to opera…

KRS 96.541 to 96.545 are intended to create an additional and alternate method for the acquisition of the artificial gas systems mentioned in KRS 96.542, and are not intended to alter, amend or repeal any other statute. History : Created 1946 Ky. Acts ch. 68, sec. 6.

Except as provided in KRS 96.550 to 96.900, any city utility shall have the same rights with respect to condemnation and eminent domain as given corporations and partnerships under KRS 278.502 and 416.130.

As used in KRS 96.550 to 96.900, unless the context requires otherwise: (1) "Acquire" shall mean and include construct, acquire by purchase, by lease, devise, gift, or the exercise of the right of eminent domain in the manner now or hereafter provided by law for the exercise ther…

(1) The provisions of KRS 96.550 to 96.900 shall not apply in the case of a municipality now operating an electric plant under any existing law, but the governing body of any such municipality may elect to operate under the provisions of KRS 96.550 to 96.900, in which case, from …

Except as otherwise specifically provided in KRS 96.550 to 96.900, the board of the municipality shall exercise all powers conferred upon the municipality by KRS 96.550 to 96.900. Any board operating under the provisions of KRS 96.550 to 96.900 shall have the legal power and capa…

condemnation or construction of competing plant. (1) Before a board or municipality may condemn an existing electric plant under the provisions of KRS 96.550 to 96.900 the board shall notify the owner of the existing electric plant, hereinafter referred to as the owner, in writin…

(1) Any board proceeding under KRS 96.550 to 96.900 shall have the right to acquire by the exercise of the power of eminent domain, all lands, easements, rights of way, either upon or under or above the ground, any existing electric plant, or that part of an electric plant within…

Procedure when condemnor not a utility. (1) When the board of any municipality authorized to acquire, construct, own or operate an electric plant under the provisions of KRS 96.550 to 96.900 shall be unable to contract with the owner of any land, easement, right of way, electric …

electric plant, or issuing bonds therefor. (1) Before any municipality shall have authority to (a) construct or cause to be constructed an electric plant, (b) acquire an electric plant by purchase, (c) institute condemnation proceedings for acquiring by eminent domain an electric…

Any municipality, by action of its board, may issue and sell revenue bonds, subject to the provisions of KRS 96.550 to 96.900, to pay the cost of construction or acquiring an electric plant.

All bonds issued pursuant to KRS 96.550 to 96.900, bearing the signature of officers in office on the date of the signing thereof, shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor, any or all the persons whose signature…