2014 Kentucky Revised Statutes CHAPTER 76 - CITY-COUNTY METROPOLITAN SEWER, SEWER CONSTRUCTION, AND SANITATION DISTRICTS 76.170 Area included in district -- Construction subdistrict excluded -- Extension of boundaries.
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76.170
Area included in district -- Construction subdistrict excluded -Extension of boundaries.
(1)
(2)
The initial unit of the district embraces the area that is coterminous with the
boundaries of the city forming a district pursuant to KRS 76.010. The district
also embraces the district area as defined in KRS 76.005. When territory which
is part of a construction subdistrict is annexed to the city, that territory shall not
become part of the district area during the existence of the construction
subdistrict. When the existence of the construction subdistrict is wound up
under KRS 76.271, the territory therein shall become a part of the district area
if it is then a part of the city or whenever it is annexed by the city. When a
construction subdistrict consisting of territory outside the city is wound up, the
board of the district shall incorporate the territory into the district area under
conditions of KRS 76.271. The district may also expand the district area by
constructing and extending its initial sewer and drainage system and facilities
beyond the corporate limits of the city and within the county in which the city is
located whenever the district and the owners of real property to be served and
located outside the limits of the city, by appropriate written instrument, agree as
to apportionment of any and all costs of construction work, subsequent
maintenance and operation appertaining thereto, and as to payments by the
owners of the real property, of rates, rentals and charges for the services and
facilities to be thus afforded and for that portion of the district's capital costs,
equitably allocable to the real property. Thereupon the real property served
becomes a part of the district area. In a like manner and upon the same
conditions, the district may construct and extend its sewer and drainage
system and facilities so as to serve all or any part of any other city or other
incorporated area located in the same county, pursuant to a written agreement
between the district and the other city or incorporated area approved by their
respective governing boards or bodies; provided, however, nothing in this
subsection shall be construed as requiring the district to obtain the consent of
any city with a population of less than three thousand (3,000) based upon the
most recent federal decennial census located within a county containing a
consolidated local government prior to constructing any sanitary or storm
sewerage facilities within the limits of such a city, regardless of whether said
facilities will serve the said city or not. All agreements referred to in this section
shall be in appropriate form for recording and shall be filed of record with the
county clerk as other instruments relating to transfer or creating a lien upon
real estate. Any agreements entered into by the district pursuant to this section
may provide that the district area shall include the real estate in such city or
incorporated area, or part thereof, to be served pursuant to such agreement,
and in such case when such instrument has been filed of record with the
county clerk as aforesaid, the district area shall be thereby officially enlarged
and extended to include same; except that the district area shall not be
enlarged to include a construction subdistrict by agreement or otherwise.
The district may also expand the district area by constructing and extending its
initial sewer and drainage system, or by constructing or extending new
sewerage and drainage systems and facilities, into areas of the county outside
of the city of the first class and annexing the areas to be served by such new or
expanded systems or facilities to the district area, as provided in KRS 76.171.
(3)
(4)
The words "incorporated area" as used in this section do not mean or apply to
any sanitation district organized under KRS Chapter 220.
The provisions of this section shall not apply in cases involving annexation by a
city of the first class pursuant to KRS 81.300 to 81.360.
Effective:January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 51, effective January 1, 2015. -Amended 1968 Ky. Acts ch. 152, sec. 55; and ch. 156; sec. 3. -- Amended 1964
Ky. Acts ch. 33, sec. 9. -- Amended 1962 Ky. Acts ch. 286, sec. 22. -- Amended
1952 Ky. Acts ch. 70, sec. 4. -- Created 1946 Ky. Acts ch. 104, sec. 15.
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