Title IX, Counties, Cities, and Other Local Units

The petition shall contain: (1) The proposed name of the district, which shall be "Flood Control District No. .... of .... County, (or counties), Kentucky." (2) The necessity for maintaining and operating any flood control works of the district and that such maintenance and opera…

No petition with the requisite number of valid signatures shall be declared void on account of alleged defects, but the secretary may at any time permit the petition to be amended in form and substance to conform to the facts, by correcting any errors in the description of the te…

At the time of filing the petition, or at any time subsequent thereto and prior to the time of the giving of notice by the secretary, as provided in KRS 104.530, the petitioners shall either file bond with the secretary with security approved by him, or deposit cash or securities…

8,000 or more may be included. (1) When the petition is filed with the secretary, he shall investigate at once the boundary of the district proposed to be organized, and may, at the cost of the petitioners, cause to be made surveys necessary to establish with reasonable accuracy …

When seventy percent (70%) of those qualified within the boundary fixed by the secretary are found to have petitioned for the establishment of a flood control district, and the secretary has established the boundaries thereof, the secretary shall give notice of the application fo…

Any owner of real property in the proposed district who has not signed the original petition for the creation of the district and who wishes to object to the organization of the district shall, within sixty (60) days after the giving of notice by the secretary, file his petition …

powers of district. If no suit is filed against the secretary under KRS 104.540, or if suit is filed and final judgment in the Circuit Court or on appeal is in favor of the secretary, the secretary shall forthwith declare the district organized into a flood control district and g…

The certificate establishing the district shall be deemed final and binding upon the real property in the district, and shall finally and conclusively establish the regular organization of the district against all persons except the state upon suit commenced by the Attorney Gener…

The secretary shall designate in the certificate the place where the office of the district shall be located, which shall be within the corporate limits of the district if practicable. The place may be changed by the board of directors of the district from time to time, by the ce…

Removal of board members. (1) Within thirty (30) days after the secretary certifies to the county clerk of each county in which the district is located that the district is incorporated, there shall be appointed a board of directors for the district, consisting of five (5) member…

(1) Each director, before entering upon his official duties, shall take and subscribe to an oath that he will honestly, faithfully and impartially perform the duties of his office, and that he will not be interested in any contract let for the purpose of carrying out any of the p…

A majority of the directors shall constitute a quorum and concurrence of the majority in any matter within the duties of the board shall be sufficient for its determination. All actions taken by the directors shall be by resolution, and in each instance the name and vote of each …

regulations -- Civil liabilities -- Audits -- Compliance with KRS 65A.010 to 65A.090. (1) The board of directors shall, upon taking oath, elect one (1) of their members as president of the board, and shall select some suitable person as secretary, who need not be a member of the …

The secretary shall be the custodian of the seal, minutes and records of the district, and shall assist the board of directors in such particulars as the board directs in the performance of its duties. The secretary shall attest, under the seal of the district, such records as ar…

The treasurer shall keep an accurate account of all money received or disbursed by the district, make periodic accountings and reports thereof as directed by the board of directors, make regular semiannual accountings, assist any auditors employed by the board to check the financ…

The board of directors may employ an attorney and a chief engineer for the district, who shall hold office at the pleasure of the board and who shall give such bond as is required by the board. The board may employ such other engineers, attorneys, agents and assistants as may be …

All contracts for work, materials or supplies that may exceed one thousand dollars ($1,000) shall be advertised for bids by publication pursuant to KRS Chapter 424. The contract shall be let to the lowest and best bidder who shall give bonds with approved and ample surety for the…

The board of directors may establish and maintain stream gages and rain gages, and may make such surveys and examinations of rainfall, stream flow and other scientific and engineering subjects as are necessary and proper for the purpose of the district. The board may issue report…

The board of directors, as soon as duly appointed and qualified, may levy an annual tax of not more than fifteen cents ($0.15) upon each one hundred dollars ($100) of assessed valuation of property within the district. This tax shall be certified to the county clerks of the vario…

The board of directors shall, by resolution, set aside from its annual tax revenue a proper and adequate amount to be deposited into a depreciation fund, which fund shall be used solely for replacing capital equipment, new construction, extensions or additions to the flood contro…

operate waterworks. Any water district created pursuant to KRS Chapter 74 or any city of the home rule class may, by purchase or by condemnation, acquire, establish, erect, maintain and operate waterworks, together with extensions and necessary appurtenances thereto, and includin…

A sewerage system may be acquired with a water system and joined in one (1) project with the water system for the purpose of original financing.

This chapter shall not affect the provisions of any other laws providing any alternate plan for the acquisition and operation of water systems.

The water district commissioners of water districts or the legislative body of any of the aforesaid cities may agree with the owner or owners as to the value of said waterworks and purchase it at such value.

For the purpose of defraying the cost of acquiring by condemnation, purchase or construction any such waterworks, including real and personal property of same and appurtenances or extensions thereto, the water district or the city may borrow money and issue negotiable bonds, but …

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 a place or places as the water district commi…

Bonds issued pursuant to this chapter 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 neverth…

All moneys received from the bonds shall be applied solely for the purchase by agreement or condemnation or 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) year…

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 and interest of any bond, any court having jurisdiction of the action may appoint a receiver to administer the waterworks on behalf of the water district or city, with power to charge and collect rates sufficient to provide …

At or before the issuance of the bonds the water district commissioners shall, by resolution, or 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 …

account. 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 transfe…

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 water district commissioners or city legislative body ma…

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 water district or city may issue new bonds to provide funds for the payment of any outstanding bonds, in accordance with the procedure prescribed by this chapter. The new bonds shall be secured to the same extent and shall have the same source of payment as the bonds refunded…

If the water district commissioners or 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 water district or city acquiring any waterworks pursuant to the provisions of this act 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 t…

The water district commissioners of a water district may provide by resolution or 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 …

The resolutions or ordinances required by this chapter 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…

owned by city of the home rule class. No city of the home rule class which owns a waterworks system shall sell, convey, rent, or lease the system without the assent of a majority of the legislative body for the city or of those voting at an election held for that purpose after no…

bodies. Except as otherwise specifically provided in this chapter the water district commissioners of the water district and the legislative body of the municipalities shall exercise all powers conferred by virtue of this chapter. Any board operating under the provisions of this …

(1) Any water district or municipality referred to herein shall have the right to acquire by exercise of the power of eminent domain all lands, easements, rights of way, either upon or under or above the ground, any existing water plant or water distribution system and appurtenan…

When the board of any water district or municipality authorized to acquire, construct, own or operate a waterworks or water distribution system and appurtenances thereto, under the provisions of this chapter shall be unable to contract with the owner of any land, easements, right…

Any action challenging the validity of any resolution adopted by any water district commissioners of a water district or challenging the validity of any ordinance adopted by the legislative body of any of the cities electing to operate under this chapter, any bond resolution or o…

Procedure for sale. (1) Bonds issued pursuant to this chapter by water district commissioners and by a legislative body of a municipality 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 re…

over waterworks. Neither the Public Service Commission nor any other board, commission or agency of Kentucky shall, unless in the future expressly authorized, have any jurisdiction over such water district or municipality, operation, management and control of any water plant or w…