Title IX, Counties, Cities, and Other Local Units

(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…

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…