2006 Kentucky Revised Statutes - CHAPTER 96 UTILITIES IN CITIES

Sale of Franchises

• .010   Sale of public utility franchises by cities.
• .020   Deposit to accompany bid -- Bidder to give bond.
• .030   Exclusive franchise not to be granted by consolidated local government or city of the first class.
• .040   City of the first class or consolidated local government may purchase public utility plant.
• .045   Rights of existing facilities.

Control of Privately Owned Utilities

• .050   Second-class city may regulate construction and operation of utilities.
• .060   Third-class city may grant rights of way to utilities -- Conditions.
• .070   Fourth-class city may grant rights-of-way to utilities -- Conditions.
• .080   Water company may condemn land and material.

City Owned Stock in Utility Company

• .090   Sale of gas company stock owned by first-class city.
• .100   Amendment to charter of gas company in which first-class city owns stock.
• .110   Fourth, fifth and sixth-class cities may subscribe for stock in water companies.

Furnishing Water or Light to Another City or Outside Limits

• .120   City may acquire franchise to furnish water and light to another city.
• .130   City owning own plant may contract to furnish service to another city.
• .140   City may install apparatus and obtain rights of way necessary to furnish or receive service.
• .150   Extending water supply or sanitary sewer system outside city limits -- Limitation -- Consideration of installation of fire hydrants on extended lines.

Powers of Cities of Second and Third Classes to Furnish Utility Services

• .160   Power of second-class city to furnish water and light.
• .165   City classified from third class to second class to continue operation of combined electric and water system under provisions of KRS 96.171 to 96.188 -- When.
• .170   Power of city of the third class to furnish utility services -- Regulation of municipal telephone service by Public Service Commission.

Combined Electric and Water Plant in City of Third Class

• .171   Adoption of provisions of KRS 96.172 to 96.188 by city of third class.
• .172   Ordinance of city of third class 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.
• .173   Salaries of board members and secretary-treasurer -- All salaries and expenses payable from revenues of plant.
• .174   Quorum of board -- Officers -- Meetings -- Bylaws and rules of procedure.
• .175   Powers of board.
• .176   Board to control plant -- Employees -- Rates and practices -- Engineer -- Contract.
• .177   Charge for service furnished to city.
• .178   Eminent domain.
• .179   Payment of tax equivalent.
• .180   Pension plan for employees -- Coverage provided in County Employees Retirement System after August 1, 1988.
• .181   Deposit and disbursement of funds.
• .182   Application of funds derived from operations -- Use of surplus.
• .183   Termination of operation under KRS 96.171 to 96.188.
• .184   Revenue bonds.
• .185   Books and records -- Audit -- Inspection.
• .186   Not to compete with REA corporation.
• .187   Limitation on action attacking proceedings.
• .188   Effective date of ordinance or resolution under KRS 96.171 to 96.188.

Powers of Cities of Third to Sixth Class Concerning Utility Services and Utility Companies

• .189   Acquisition of transportation system by city of the second or third class.
• .190   Power of city of the fourth class to furnish utility services -- Regulation by Public Service Commission -- Power to regulate rates and service of utilities operating under old franchises.
• .195   City of the fourth class may issue interest-bearing warrants for improvements and extensions to electric power plants or waterworks.
• .200   Use of profits from city owned public utility.
• .210   Power of fifth-class city to furnish water and light.
• .220   Power of sixth-class city to furnish water and light.

Waterworks in Cities of First Class

• .230   City of the first class or consolidated local government to control waterworks.
• .240   Board of waterworks -- Appointment -- Qualifications -- Term -- Oath.
• .250   Officers of board of waterworks -- Employees.
• .260   Powers of board.
• .265   Extension of service to persons not currently served -- Costs -- Assessments -- Apportionment warrants -- Liens.
• .270   Consolidated local government to receive water without charge -- Property to be exempted from taxation.
• .280   Consolidated local government to prescribe conditions for use of streets by board.
• .290   Debts to be paid by waterworks.
• .300   Ability of board of waterworks to borrow money -- Issuance of bonds -- Limitation of indebtedness.
• .310   Rules for government of board -- Reports.
• .315   Renumbered as KRS 96.265.

Waterworks in Cities other than Cities of the First Class

• .320   Operation of waterworks in second-class cities -- Commissioners of waterworks -- Employees -- Reports.
• .330   Disposition of revenue from waterworks in second-class city.
• .340   Punishment for damaging waterworks in fourth-class city -- Connections with pipes or mains.
• .350   City of second, third, fourth, fifth or sixth class may acquire and operate waterworks -- Sewerage system may be joined.
• .351   Waterworks or waterworks and sewerage commissions in cities of third class in counties of more than 50,000 other than counties with a city of first class or urban-county government.
• .355   Legislative body of city of second, third, fourth, fifth or sixth class may provide city with waterworks system -- Police protection for waterworks system located outside city limits.
• .360   Acquisition of existing waterworks -- Notice of agreement -- Petition -- Election.
• .370   Issuance of bonds -- Ordinance to authorize.
• .380   Interest rate and maturity of bonds.
• .390   Bonds negotiable and tax-free -- Method of sale -- Payable solely from revenues.
• .400   Application of proceeds of bonds -- Lien.
• .410   Rights of bondholders to enforce lien.
• .420   Receiver.
• .430   Maintenance, operation and depreciation funds -- Rates.
• .440   Transfer of surplus to depreciation fund.
• .450   Expenditure and investment of depreciation fund.
• .460   City to pay for water used by it.
• .470   Refunding bonds.
• .480   Additional bonds.
• .490   Bonds for extensions and improvements.
• .500   Administration of income and revenues.
• .510   Payment of encumbrance existing at time of acquisition of waterworks.

Electric Plants in Cities of Second to Sixth Class

• .520   City of second, third, fourth, fifth, or sixth class may acquire and operate electric light, heat, and power plants -- Regulation of provision of telecommunications services or municipal telephone service -- Interconnection agreements with utilities or utility affiliates -- Bonds.
• .530   Operation of electric light, heat, and power plants -- Utility commission.
• .531   Regulation of telecommunications services provided by municipal utility.

Miscellaneous Provisions

• .533   Director of utility board or commission.
• .534   Rate increase for municipally owned electric utilities -- Rates to be uniform.
• .535   Water plant or electric light, heat and power plant of second or third-class city -- Maintenance, operation and depreciation funds for -- Payment of surplus to general fund of city -- Fair return on property.
• .536   City owned light, water, or gas plant may pay tax equivalent to school district.
• .537   City operated natural gas distribution system -- Bonds -- Negotiated sale.
• .538   Right of existing utility in annexed area.
• .539   Development of rules to govern extension of water and sewer service by city.
• .540   Restrictions on conveyance or encumbrance of waterworks or lighting system by a city of the second, third, fourth, fifth, or sixth class.
• .5405   Sale, lease, or transfer of utility system in emergency by city of sixth class -- Procedure.
• .5407   Home heating assistance fund.

Artificial Gas Systems

• .541   Definitions for KRS 96.542 to 96.546.
• .542   Power of city of any class to acquire and operate artificial gas system -- Acquisition of existing system.
• .543   Ordinance for acquisition of system and issuance of bonds -- Election -- Plans and specifications -- Acquisition of lands and easements.
• .544   Issuance of bonds -- Use of proceeds of bonds -- Disposition of surplus revenue -- Bond procedure.
• .545   Operation and management of system -- Artificial gas commission.
• .546   Alternate method.

Condemnation

• .547   Condemnation and eminent domain.

Act

• .550   Definitions for KRS 96.550 to 96.900.
• .560   Scope of KRS 96.550 to 96.900 -- Legislative purpose and intent.
• .570   Powers of boards for municipal electric plants.
• .580   Proceedings to agree upon sale price of existing plant required before condemnation or construction of competing plant.
• .590   Power of condemnation.
• .600   Procedure for condemnation -- Report of commissions -- Jury award -- Procedure when condemnor not a utility.
• .610   Repealed, 1976.
• .620   Repealed, 1976.
• .630   Repealed, 1976.
• .640   Election by voters on question of constructing, purchasing, or condemning electric plant, or issuing bonds therefor.
• .650   Power to issue revenue bonds.
• .660   Validity of revenue bonds.
• .670   Limitation of actions to challenge validity of ordinance, resolution or election.
• .680   Revenue bonds not debts of municipality.
• .690   Form and terms of bonds -- Sale -- Bonds for improvement -- Refunding or additional bonds -- Negotiability -- Interest rate.
• .700   Power of board to make provisions to secure payment of bonds.
• .710   Remedies of holders of bonds.
• .720   Receiver.
• .730   Payment of preliminary expenses.
• .740   Election to operate under KRS 96.550 to 96.900 -- Creation of board of public utilities -- Appointment -- Qualifications -- Incompatibility with other offices -- Bond -- Oath -- Not to hire relatives.
• .750   Compensation of board members and others.
• .760   Term of board members -- Vacancies -- Removals.
• .770   Quorum of board -- Officers -- Meetings.
• .780   Board to control plant -- Superintendent -- Public filing of rates and regulations -- Employees -- Contracts -- Records.
• .790   Separate account for funds of electric plant.
• .800   Use of proceeds from sale of bonds.
• .810   Use of revenues -- Reduction of rates -- Equity of municipality.
• .820   Payment of sums equivalent to taxes based on book value.
• .830   Charge for electric service furnished municipality.
• .840   Records and reports of board -- Audits.
• .850   Power of municipality to issue general obligation bonds.
• .860   Disposal of plant.
• .870   Effective date of resolutions and ordinances.
• .880   Plant not subject to authority of Public Service Commission except as to extension of service -- Bonds do not require approval.
• .890   Competition with rural electric cooperative or other municipal plant forbidden -- Cooperative agreements.
• .895   Proration and distribution of payments of sums equivalent to taxes based on book value among the state, counties, cities, and school districts.
• .900   Estoppel to question validity of KRS 96.550 to 96.890.
• .901   Authorization for municipal utility operating under KRS 96.550 to 96.900 to participate in group purchasing program.

Classification of Sewer Users

• .910   Declaration of policy of KRS 96.910 to 96.927.
• .911   Definitions for KRS 96.910 to 96.927.
• .912   Authority to classify users.
• .913   Standards for classifying users.
• .915   Authority to apply different charges.
• .916   Standards for establishing charges.
• .918   Procedure for establishment of classification -- First ordinance.
• .919   Publication of first ordinance.
• .920   Areas proposed to be annexed.
• .922   Public hearing.
• .923   Hearing rights and procedures.
• .924   Final determination -- Second ordinance.
• .926   User's appeal to Circuit Court.
• .927   Construction of KRS 96.910 to 96.927.

Enforcement of Sewer Charge Collections

• .930   Declaration of policy of KRS 96.930 to 96.943.
• .931   Definitions for KRS 96.930 to 96.943.
• .932   Enforcement of sewer charge collections by discontinuing water service.
• .934   Coordination of sewer body with water supplier.
• .936   Rights of water supplier.
• .938   Adjustments of sewer charges.
• .940   Contract for joint collection of charges.
• .942   Nonliability for discontinuing service.
• .943   Liability for failure to discontinue service.