Title IX, Counties, Cities, and Other Local Units

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 …

(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…

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 …

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…

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…

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 …

(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.

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…

(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, …

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…

(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…

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…

(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…

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…

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 …

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…

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…

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…

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…

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…

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…

(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…

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.

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…

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…

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…

The board shall comply with the provisions of KRS 65A.010 to 65A.090.

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…

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…

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…

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…

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 …

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 …

- 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…

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.

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…

The board shall comply with the provisions of KRS 65A.010 to 65A.090.

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…

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 …

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…

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 …

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…

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.

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…

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…

(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…

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…

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 76.366 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.

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.