58 chapters · 2,528 sections in this title.
KRS § 96.010 Sale of public utility franchises by cities
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(1) At least six (6) months before the expiration of any franchise acquired under or prior to the present Constitution, the legislative body of each city shall provide for the sale of a new franchise to the highest and best bidder on terms that are fair and reasonable to the city…
KRS § 96.020 Deposit to accompany bid -- Bidder to give bond
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(1) Each person desiring to bid for the franchise offered for sale under KRS 96.010 shall first deposit, with the proper officer of the city, cash or a certified check equal to five percent (5%) of the fair estimated cost of the plant required to render the service. The deposit s…
KRS § 96.030 Exclusive franchise not to be granted by consolidated local government or city of the first class
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city of the first class. No exclusive privilege shall be acquired through the sale of a franchise under KRS 96.010 by a consolidated local government or a city of the first class. The sale of a franchise to one (1) person by a consolidated local government or a city of the first …
KRS § 96.040 City of the first class or consolidated local government may purchase public utility plant
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utility plant. (1) If a city of the first class or a consolidated local government desires to own or operate a utility being operated under a franchise, and the city or consolidated local government takes the necessary steps within two (2) years before the expiration of the franc…
KRS § 96.045 Rights of existing facilities
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(1) No municipality, in which there is located an existing electric, water or gas public utility plant or facility shall construct or cause to be constructed any similar utility plant or any similar public utility facility duplicating such existing plant or facility or to obtain …
KRS § 96.050 Authorized city may regulate construction and operation of utilities
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The legislative body of any authorized city may, by ordinance: (1) Direct and control the laying and construction of railroad or street railway tracks, bridges, turnouts and switches, poles, wires, apparatus and appliances in the streets and alleys of the city, and the location o…
KRS § 96.060 City with population of 8,000 to 19,999 may grant rights-of-way to utilities -- Conditions
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- Conditions. (1) The legislative body of any city with a population equal to or greater than eight thousand (8,000) but less than twenty thousand (20,000) based upon the most recent federal decennial census may, by ordinance, grant the right of way in streets, alleys and public …
KRS § 96.070 City may grant rights-of-way to utilities -- Conditions
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The legislative body of any city may grant rights-of-way over the public streets or public grounds of the city to any utility company, on such conditions as seem proper, shall have a supervising control over the use of same, and shall regulate the speed of cars and signals and fa…
KRS § 96.080 Water company may condemn land and material
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Any person constructing, maintaining or operating waterworks or pipelines for the supply of water to a municipality may condemn lands and materials necessary to carry out those purposes, in the manner prescribed in the Eminent Domain Act of Kentucky.
KRS § 96.090 Sale of gas company stock owned by first-class city
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(1) Any city of the first class that owns stock in a gas company carrying on business within its boundaries may dispose of the stock upon such terms as may be prescribed by ordinance, but the stock shall not be sold for less than par. (2) The proceeds of the sale of the stock sha…
KRS § 96.100 Amendment to charter of gas company in which first-class city owns stock
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The legislative body of a city of the first class may, on terms prescribed by ordinance, authorize the mayor to consent, on behalf of the legislative body, to such amendments to the charter of any gas company, in which the city owns stock, as are approved by the board of director…
KRS § 96.110 Cities may subscribe for stock in water companies
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Any city may, with funds provided from the general levy or from the sale of bonds, purchase stock in any corporation owning or operating or organized for the purpose of owning or operating a waterworks within the corporate limits of the city.
KRS § 96.120 City may acquire franchise to furnish water and light to another city -- Powers to contract with other city and construct and maintain apparatus
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Powers to contract with other city and construct and maintain apparatus. (1) Any city that owns and operates its own water or light plant may acquire a franchise to furnish water and light to any other city, in the same manner that any private corporation or individual may acquir…
KRS § 96.150 Extending water supply or sanitary sewer system outside city limits -- Limitation -- Consideration of installation of fire hydrants on extended lines
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Limitation -- Consideration of installation of fire hydrants on extended lines. (1) Any city that owns or operates a water supply or sanitary sewer system may extend the system into, and furnish and sell water and provide sanitary sewers to any person within, any territory contig…
KRS § 96.160 Power of city to furnish water and light
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The legislative body of any city may, by ordinance: (1) Provide the city with water; establish and regulate public cisterns, hydrants and reservoirs, within or beyond the limits of the city, for the extinguishment of fires and the convenience of the inhabitants; prevent the unnec…
KRS § 96.170 Power of city to furnish utility services
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The legislative body of any city may, by ordinance, provide the city and its inhabitants with water, light, power, and heat, by contract or by works of its own, located either within or beyond the boundaries of the city, make regulations for the management thereof, and fix and re…
KRS § 96.171 Adoption of provisions of KRS 96.172 to 96.188 by city
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The governing body of any municipality now or hereafter owning an electric and water system and operating them as one (1) combined system or plant may elect to operate under the provisions of KRS 96.172 to 96.188, in which case, from the time of the exercise of such election and …
KRS § 96.172 Ordinance of city adopting provisions of KRS 96.171 to 96.188 for operation of combined electric and water plant -- Electric and water plant board -- Appointment -- Qualifications -- Corporate powers -- Prohibition of nepotism -- Bond of board members -- Oath -- Term -- Removal
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of combined electric and water plant -- Electric and water plant board -- Appointment -- Qualifications -- Corporate powers -- Prohibition of nepotism - - Bond of board members -- Oath -- Term -- Removal. (1) Any municipality now or hereafter owning and operating an electric syst…
KRS § 96.173 Salaries of board members and secretary-treasurer -- All salaries and expenses payable from revenues of plant
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expenses payable from revenues of plant. (1) The salary of each member of the board shall be fixed by the board, and shall not exceed two thousand four hundred dollars ($2,400) per annum. (2) Such salaries, as well as the salary of the secretary-treasurer of such board, shall con…
KRS § 96.174 Quorum of board -- Officers -- Meetings -- Bylaws and rules of procedure
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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…
KRS § 96.175 Powers of board
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Any board operating under the provisions of KRS 96.171 to 96.188 shall have the legal power and capacity to perform any act not repugnant to law and shall have the express power and capacity to do any and all acts or things necessary or convenient for the carrying out of the purp…
KRS § 96.176 Board to control plant -- Employees -- Rates and practices -- Engineer -- Contract
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Contract. (1) Upon and after a board has been appointed and qualified, the said board shall have charge of the exclusive supervision, management and control of the operation, maintenance and extension of the electric and water plant. (2) All powers of the municipality to operate,…
KRS § 96.177 Charge for service furnished to city
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The board shall charge the municipality and all departments and works thereof for any electric and water service furnished to them at the rate applicable to other customers taking service under similar conditions. Revenues derived from such service shall be treated as other reven…
KRS § 96.178 Eminent domain
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Any board proceeding under KRS 96.171 to 96.188 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, reasonably necessary or desirable in connection with the operation, maint…
KRS § 96.179 Payment of tax equivalent
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In lieu of taxes, the board may each year pay to each school district and municipality in which its property is located an amount equivalent to an annual ad valorem tax on the fair cash value of the property of the board located in each such jurisdiction, determined upon the tax …
KRS § 96.180 Pension plan for employees -- Repeal of ordinances establishing pension fund -- Liquidation and distribution of assets -- Report -- Coverage provided in County Employees Retirement System after August 1, 1988
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fund -- Liquidation and distribution of assets -- Report -- Coverage provided in County Employees Retirement System after August 1, 1988. (1) The board may, by proper order, provide a pension plan for its employees. In the event the board elects to provide a pension plan, it shal…
KRS § 96.181 Deposit and disbursement of funds
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All moneys derived from the operation of the electric and water plant or any other operation of the board, shall be deposited to the credit of the board in a separate bank account or accounts, separate from all other municipal funds, and adequate records shall be kept of all such…
KRS § 96.182 Application of funds derived from operations -- Use of surplus
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Subject to the provisions of outstanding bonds and contracts, the board shall apply all funds derived from operations: (1) to the payment of operating expenses, (2) to the payment of bond interest and retirement, (3) to sinking fund requirements, (4) to the maintenance of a fund …
KRS § 96.183 Termination of operation under KRS 96.171 to 96.188
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The governing body of the municipality may terminate the operation and management of the electric and water plant by the board under the provisions of KRS 96.171 to 96.188 only by first complying with the following provisions, to wit: (1) The governing body of the municipality, u…
KRS § 96.184 Revenue bonds
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(1) The board at any time may issue and sell revenue bonds to finance improvements or extensions of the plant, or the board, after the original cost of the property shall have been fully paid and satisfied, may, in its sole discretion, issue, sell, and pledge its revenues to secu…
KRS § 96.185 Books and records -- Audit -- Inspection
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The board shall keep a complete and accurate record of all meetings and actions taken, and of all receipts and disbursements. Such records shall be open to inspection at any and all times to the governing body of the city. An audit of the board's records shall be made annually by…
KRS § 96.186 Not to compete with REA corporation
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No board operating an electric and water plant under the provisions of KRS 96.171 to 96.188 shall construct any facilities or extend its existing facilities in competition with any existing facilities of any rural electric cooperative corporation.
KRS § 96.187 Limitation on action attacking proceedings
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Any action challenging the validity of any ordinance electing to operate under KRS 96.171 to 96.188, or any bond resolution of the board, or any election resolution or election held hereunder, shall be brought within sixty (60) days from the date on which such ordinance, election…
KRS § 96.188 Effective date of ordinance or resolution under KRS 96.171 to 96.188
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Every ordinance or resolution adopted by the governing body of the municipality or board under the provisions of KRS 96.171 to 96.188 shall become effective from and after its passage, and no such resolution or ordinance shall be subject to any referendum or election except as ex…
KRS § 96.189 Acquisition of transportation system by city
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(1) Any city may, pursuant to an ordinance so providing, acquire any streetcar system existing in the city, with all its appliances, or may establish and install a streetcar system, and may operate within and not more than ten (10) air miles beyond the corporate limits of the cit…
KRS § 96.190 Power of city to furnish utility services -- Power to regulate rates and service of utilities operating under old franchises
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service of utilities operating under old franchises. (1) The legislative body of any city may provide the city and all persons in the city with water, gas, electric power, light, and heat, by contract with any person or by works and facilities owned or leased by the city and loca…
KRS § 96.195 City may issue interest-bearing warrants for improvements and extensions to electric power plants or waterworks
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to electric power plants or waterworks. Municipal corporations in the Commonwealth of Kentucky which own and operate municipal electric power plants or waterworks are authorized to issue interest-bearing warrants in payment for extensions and improvements to electric power plants…
KRS § 96.200 Use of profits from city-owned public utility
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Except as otherwise provided in KRS 96.550 to 96.900, the legislative body of any city may, by ordinance, provide in what manner and for what purpose any profits, earnings or surplus funds arising from the operation of any public utility owned or operated by the city may be used …
KRS § 96.230 City of the first class or consolidated local government to control waterworks
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waterworks. Whenever any city of the first class or consolidated local government owns, through its commissioners of the sinking fund or revenue commission, respectively, all the shares of capital stock in any corporation engaged in supplying water to its inhabitants, the city or…
KRS § 96.240 Board of waterworks -- Appointment -- Qualifications -- Term -- Oath
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The mayor of a consolidated local government which is formed upon the consolidation of a city of the first class with its county, and which receives upon the consolidation from the city of the first class the shares of capital stock in any corporation engaged in supplying water t…
KRS § 96.250 Officers of board of waterworks -- Employees
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The board of waterworks shall annually elect a president, treasurer, secretary and chief engineer, who shall hold their offices for one (1) year, or until their successors have been elected and qualified, and devote all their time to the duties of their respective offices. The me…
KRS § 96.260 Powers of board
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The board of waterworks shall be vested with all the authority and privileges, exercise all the franchises, and have possession, control, and management of all the property, of the corporation of which the consolidated local government or city owns all the stock. It may make cont…
KRS § 96.265 Extension of service to persons not currently served -- Costs -- Assessments -- Apportionment warrants -- Liens
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- Apportionment warrants -- Liens. The board of waterworks may extend the waterwork corporation's facilities to provide water service to persons within and outside the city of the first class, including extensions into counties adjoining its county of origin. In extending service…
KRS § 96.270 Consolidated local government to receive water without charge -- Property to be exempted from taxation
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to be exempted from taxation. The consolidated local government shall have, through its board of waterworks, the use free of charge of all the water necessary for its fire department, police department, public buildings principally occupied by its employees, parks, parkways, its …
KRS § 96.280 Consolidated local government to prescribe conditions for use of streets by board
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board. The legislative body of the consolidated local government may, by ordinance, fix reasonable conditions upon which the board of waterworks may cut into the public ways of the consolidated local government.
KRS § 96.290 Debts to be paid by waterworks
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All the existing obligations of the waterworks corporation and all the obligations created by the board of waterworks in the management and operation of the properties and in the performance of its duties, shall be discharged out of the property and rents, earnings, and incomes o…
KRS § 96.300 Ability of board of waterworks to borrow money -- Issuance of bonds -- Limitation of indebtedness
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Limitation of indebtedness. The board of waterworks may borrow money for the purpose of meeting any of the obligations of the waterworks corporation and for current expenses of the board. In addition, the board may, after the commissioners of the sinking fund have by resolution c…
KRS § 96.310 Rules for government of board -- Reports
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The board of waterworks may establish and enforce reasonable rules and regulations for its own government. The board shall make a quarterly financial statement, showing its liabilities, receipts, and expenditures, and deliver a copy to the consolidated local government legislativ…
KRS § 96.320 Operation of waterworks in cities -- Commissioners of waterworks -- Employees -- Reports
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Employees -- Reports. Cities that own a waterworks may operate such waterworks as a department of the city, or may appoint a commission to operate such waterworks. If such a commission is appointed, it may be styled "Commissioners of Waterworks," and shall be composed of from thr…
KRS § 96.350 City of home rule class may acquire and operate waterworks -- Sewerage system may be joined
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system may be joined. (1) Any city of the home rule class may, under the provisions of KRS 96.350 to 96.510, purchase, establish, erect, maintain and operate waterworks, together with extensions and necessary appurtenances thereto, within or without the corporate limits of the ci…