Title IX, Counties, Cities, and Other Local Units

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…

authorized. Incorporated municipalities are authorized to provide for, construct, and finance improvements, as herein defined, according to the plan set forth in this chapter. The authority hereby conferred is not intended to be in derogation of any authority otherwise conferred …

It is the purpose of KRS 107.020, 107.030, 107.085, 107.140, and 107.190 to extend permissive authority of municipalities for assessment financing of certain public improvements according to the "assessed value" basis by (a) permitting such financing of sewage treatment plants an…

(1) The term "governing body," as used in this chapter, means and includes the legislative body of any city, whether the same be designated by applicable statutes as a general council, a common council, a city council, a board of commissioners, or otherwise. The term "governing b…

If a municipality desires to authorize, construct, and finance an improvement pursuant to this chapter, its governing body shall initiate the proceedings by adopting an ordinance, herein called the "First Ordinance," in which announcement shall be made of the public way or ways (…

Written statements -- Vote -- Results to be included in report. A public hearing shall be held at the time and place designated in the first ordinance. Any person qualifying under the provisions of KRS 107.030 may preside and conduct such hearing. Such presiding person, or any pe…

(1) At a subsequent regular meeting of the governing body, the said written report of said public hearing shall be publicly received, read, and considered by the governing body of the city. At such meeting, or at any subsequent properly convened regular, adjourned or special meet…

(1) Any owner of property to be benefited by the proposed project, including wastewater collection projects undertaken by metropolitan sewer districts may, within thirty (30) days after passage and publication of the second ordinance: (a) File an action in the Circuit Court of th…

(1) If the aforesaid second ordinance authorizes the undertaking of the proposed project and the financing thereof according to the "assessed value basis," which is authorized by this chapter, and if owners of benefited properties do not take action as permitted by KRS 107.060, o…

collection project assessments -- Bonds. (1) Proposals for the construction of the project shall be solicited upon the basis of the submission of sealed competitive bids after advertisement, by publication pursuant to KRS Chapter 424. Upon or after the acceptance by the governing…

In the event the owner or owners of all property or properties which will be subject to assessment for an improvement proposed to be undertaken shall tender to the city their written request or requests, that the improvement be undertaken and financed according to KRS 107.010 to …

(1) Upon compliance with KRS 107.080 the governing body may adopt an ordinance, hereinafter referred to as the "Third Ordinance": (a) Finally authorizing the issuance of bonds of the city which shall be designated "Improvement Assessment Bonds" and shall, in addition, identify th…

After the third ordinance has been adopted (and without regard for its date of publication), the city may solicit the submission of bids or proposals for the purchasing of the bonds authorized by the third ordinance, the same to be received upon a sealed competitive basis after a…

When the bonds are delivered and the proceeds are received by the city, the same shall be deposited in a bank or trust company, or combined bank and trust company, together with the proceeds of all payments received from benefited property owners on a lump-sum basis, and to the e…

Liquidation -- City liable to bondholders for failure to pursue available remedies for collection of improvement assessments. Each of said bonds shall bear on its face the statement that it has been issued under this chapter, and that it does not constitute an indebtedness of the…

ratio -- Special assessment. The sum required annually for the sinking fund and consequent amortization of the outstanding bonds of a wastewater collection project undertaken by a metropolitan sewer district, whether all authorized bonds have been issued or not, shall be assessed…

-- Procedure against state. (1) (a) In the case of improvements of public ways, the benefited property shall consist of all real property abutting upon both sides of the improvement project, and the cost of improving intersections shall be included in the total costs to be assess…

Collection of improvement benefit assessments. The annual improvement assessment for each project shall be levied by the governing body when the levy for general city or county taxes is made; and such improvement assessment levy shall be due at the same time, or times, when the g…

Each annual improvement assessment, including an initial levy payable on a lump-sum or cash basis, with any penalty or interest incident to the nonpayment thereof, shall constitute a lien upon the lot or parcel of benefited property against which it is assessed. The lien shall at…

The proceeds received by the city from each and every annual improvement assessment levy made in connection with each separate improvement project, as authorized by this chapter, shall be segregated from and kept always separate and apart from all other receipts of the city from …

reserve -- Deficiency assessment -- Refund of surplus. All sums received and deposited in the sinking fund shall be held inviolate and applied by the city solely for the payment of the principal of, and interest on, the bonds issued for the financing of the identified improvement…

the undertakings contemplated by KRS 107.020, where all are encompassed and city undertakes additional improvements. (1) If the ordinances and proceedings authorized by this chapter shall encompass and include less than all of the undertakings authorized and contemplated by the d…

If any city of the classes referred to in this chapter shall adopt the third ordinance and shall publicly solicit the submission of bids or proposals for the purchasing of its "improvement assessment bonds" for the project identified, and shall fail to receive a bid upon terms of…

insufficient. If, by reason of miscalculation or the happening of unforeseen events or conditions, the proceeds of the bonds authorized by the third ordinance should prove to be insufficient to provide for the completion of the project and the payment in full of all costs thereof…