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76.080 General powers of district.
The district created under the provisions of KRS 76.010 to 76.210 is empowered:
(1) To have jurisdiction, control, possession, and supervision of the existing sewer
and drainage system of the city forming a district pursuant to KRS 76.010; to
maintain, operate, reconstruct, and improve the same as a comprehensive
sewer and drainage system; to make additions, betterments, and extensions
thereto within the district area; and to have all the rights, privileges, and
jurisdiction necessary or proper for carrying such powers into execution. No
enumeration of powers in KRS 76.010 to 76.210 shall operate to restrict the
meaning of this general grant of power or to exclude other powers
comprehended within this general grant.
(2) To prepare or cause to be prepared and to be thereafter revised and adopted,
plans, designs, and estimates of costs, of a system of trunk, intercepting,
connecting, lateral, and outlet sewers, storm water drains, pumping and
ventilating stations, disposal and treatment plants and works, and all other
appliances and structures which in the judgment of the board will provide an
effective and advantageous means for relieving the district area from
inadequate sanitary and storm water drainage and from inadequate sanitary
disposal and treatment of the sewage thereof, or such sections or parts of such
system of the district area as the board may from time to time deem proper or
convenient to construct, consistent with the plans and purposes of KRS 76.010
to 76.210, and may take all steps the board deems proper and necessary to
effect the purposes of KRS 76.010 to 76.210.
(3) To construct any additions, betterments and extensions to the facilities of the
district, within or without the district area, and to construct any construction
subdistrict facilities or additions, betterments and extensions thereto, within or
without the district area, by contract or under, through, or by means of its own
officers, agents and employees. No construction or extensions shall be started
within the city forming a district pursuant to KRS 76.010 until, firstly, the city's
director of works, and secondly, its board of aldermen have approved the
plans. No construction or extensions shall be started in any city with a
population greater than three thousand (3,000) but less than one hundred
thousand (100,000) based upon the most recent federal decennial census until
the governing authorities of such city or cities have approved the plans. No
construction or extensions shall be started in any other part of the county until
the plans have been approved, firstly, by the county engineer and, secondly, by
the fiscal court.
(4) To establish, construct, operate, and maintain, as a part of the sewer and
drainage system of the district, sewage treatment and disposal plants and
systems and all the appurtenances and appliances thereunto belonging. The
sewage treatment and disposal plants may be located in the city, or beyond the
limits of the city in the county in which the city is located, as the board deems
expedient.
(5) To acquire and hold the personal property the board deems necessary and
proper for carrying out the corporate purposes of the district and to dispose of
personal property when the district has no further need therefor.
(6) To acquire by purchase, gift, lease, or by condemnation, real property or any
interest, right, easement, or privilege therein, as the board determines
necessary, proper and convenient for the corporate purposes of the district,
and to use the same so long as its corporate existence continues, and same is
necessary or useful for the corporate purposes of the district. Condemnation
proceedings may be instituted in the name of the district pursuant to a
resolution of the board declaring the necessity for the taking, and the method of
condemnation shall be the same as provided in the Eminent Domain Act of
Kentucky. When the board by resolution declares that any real property which
it has acquired, or any interest therein, is no longer necessary or useful for the
corporate purposes of the district, the real property and interest therein may be
disposed of.
(7) To make bylaws and agreements for the management and regulation of its
affairs and for the regulation of the use of property under its control and for the
establishment and collection of sewer rates, rentals and charges, which sewer
rates, rentals and charges, applicable within the limits of a city forming a district
pursuant to KRS 76.010, shall be subject to the approval, supervision and
control of the legislative body of the city as hereinafter provided.
(8) To make contracts and execute all instruments necessary or convenient in the
premises.
(9) To borrow money and to issue negotiable bonds and to provide for the rights of
the holders thereof.
(10) To fix and collect sewer rates, rentals, and other charges, for services
rendered by the facilities of the district, which sewer rates, rentals, and other
charges, applicable within the limits of a city forming a district pursuant to KRS
76.010, shall be subject to the approval, supervision and control of the
legislative body of such city as hereinafter provided.
(11) To enter on any lands, waters and premises for the purpose of making
surveys, and soundings and examinations.
(12) To approve or revise the plans and designs of all trunk, intercepting,
connecting, lateral and outlet sewers, storm water drains, pumping and
ventilating stations, disposal and treatment plants and works proposed to be
constructed, altered or reconstructed by any other person or corporation,
private or public, in the whole county, in order to insure that such proposed
construction, alteration or reconstruction shall conform to and be a part of a
comprehensive sewer and drainage system for the said county. No sewers,
drains, pumping and ventilating stations, or disposal and treatment plants or
works shall be constructed, altered or reconstructed without approval by the
board of the district. Any such work shall be subject to inspection and
supervision of the district.
Effective:January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 49, effective January 1, 2015. -Amended 1976 Ky. Acts ch. 140, sec. 25. -- Amended 1968 Ky. Acts ch. 152,
sec. 53; and ch. 156, sec. 1. -- Amended 1964 Ky. Acts ch. 33, sec. 3. -Amended 1962 Ky. Acts ch. 286, sec. 20. -- Amended 1952 Ky. Acts ch. 70,
sec. 2. -- Amended 1948 Ky. Acts ch. 180, secs. 2 and 3. -- Created 1946 Ky.
Acts ch. 104, sec. 6.
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